HomeMy WebLinkAbout24-143 re
RESOLUTION NO. 2024-143
`' A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
7 ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF
u STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES
i a 08 IN THE PALM GROVE STREET LIGHTING DISTRICT AND THE
o N FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD
N en VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING
LLIre
COUNTY RESOLUTION NO. 92-129, 10-185, and 15-94;
o= DETERMINING THAT CERTAIN REAL PROPERTY WILL BE
o Ln• SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES;
_I'o co a a APPROVING THE METHOD OF ASSESSING THE COST OF SUCH
°' SERVICES AGAINST THE REAL PROPERTY SPECIALLY
J J O z BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL
mil-1*Z o o AND DIRECTING CERTIFICATION THEREOF TO THE TAX
N o 2 COLLECTOR; AND PROVIDING AN EFFECTIVE DATE.
Eiz
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article V,
Chapter 40 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 92-129,
10-185, and, 15-94, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable
provisions of law.
SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as
defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the
meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular
number, include the plural number, and vice versa.
SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows:
(A) On May 12, 1992, the Board of County Commissioners (the "Board") of St. Lucie County,
Florida (the "County") adopted Resolution No. 92-129 which established the Palm Grove Street Lighting
District (the "District") as a special improvement service district and provided for the imposition of special
assessments to fund the cost of providing street lighting services, improvements and facilities therein. A
map describing the boundary of the District is attached hereto as Appendix A.
(B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which
special assessments are imposed within special improvement service districts for purposes of funding
street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution
each Fiscal Year approving the Assessment Roll for the District.
(C) The Ordinance generally provides that in the event the proposed assessment for any
parcel of property exceeds the maximum amount established in the notice provided pursuant to Section
40-135, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual
Assessment Resolution.
(D) As required by the terms of the Ordinance, notice of a public hearing has been published
and mailed to each property owner proposed to be assessed notifying such property owner of the
opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as
Appendices B and C respectively.
(E) The Assessment Roll for Fiscal Year 2024-25 has heretofore been filed and made
available for public inspection at the offices of the Assessment Coordinator.
(F) A public hearing has been duly held and comments and objections of all interested
persons have been heard and considered as required by law.
(G) The parcels of real property located within the District and described in the Assessment
Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street
Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and
recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of
affected parcels.
(H) The special benefits derived from the Street Lighting Services programs contemplated
herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The
Assessment for any parcel of property within the District does not exceed the proportional benefits that
such parcel will receive compared to any other parcel therein subject to the Assessment.
(I) The apportionment methodology approved herein bears a reasonable relationship to the
cost of providing Street Lighting Services and is hereby approved.
(J) The Assessments to be imposed in accordance with this Resolution provide an equitable
method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of
providing such services among specially benefited property
2
SECTION 4. APPORTIONMENT METHODOLOGY.
(A) The following apportionment methodology was utilized in preparing the Fiscal Year 2024-
25 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street
Lighting Services among the parcels of real property described therein:
(1) The District is substantially composed of similarly-sized single family residential parcels.
Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for
purposes of allocating the cost of providing the Street Lighting Services therein.
(2) Individual multifamily units within the District are specially benefitted by Street Lighting
Services in the same manner and to substantially the same extent as single family residential parcels,
such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily
units shall be assigned one EDU per multifamily unit.
(3) The amount of the Assessment per EDU shall be calculated by dividing the total
estimated cost of providing the Street Lighting Service by the number of EDUs in the District.
(4) As of the date hereof, there are 364 EDUs located within the District.
(5) For the Fiscal Year beginning October 1, 2024, the estimated cost of providing Street
Lighting Services in the District is $18,392.90. Such estimated cost includes a component to fund or
otherwise reimburse the County for costs incurred in administering and maintaining the Assessment
program as authorized by Section 40-140 of the Ordinance.
(6) The maximum amount of the Assessments to be assessed and apportioned among the
parcels of real property within the District is hereby established in the amount of$50.53 per EDU for the
Fiscal Year 2024-25.
(B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of
living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed
10% of the amount approved hereunder, or a total annual Assessment of $55.58, without requiring
additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as
authorized by Section 40-137 of the Ordinance.
(C) The apportionment methodology approved herein shall be utilized in preparing the
Assessment Roll for the District for subsequent Fiscal Years.
3
SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND
RESOLUTION NO. 92-129, 10-185, and 15-94. The legal description of the boundary of the District
as set forth in Resolution No. 92-129, 10-185, and 15-94, including any amendment thereto, is
hereby ratified, confirmed and incorporated herein by reference. Except as otherwise modified
herein, Resolution No. 92-129, 10-185 and 15-94 is hereby ratified and confirmed.
SECTION 6. IMPOSITION OF ASSESSMENTS.
(A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll
are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal
Year beginning October 1, 2024.
(B) Assessments shall constitute a lien upon the parcels of real property subject thereto
equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad
valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all
other liens, titles and claims, until paid.
SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with
the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment
Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to
the Uniform Assessment Collection Act as provided in Section 40-140 of the Ordinance. The Assessment
Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non-Ad Valorem
Assessment Roll in substantially the form attached hereto as Appendix D.
SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant
to the Uniform Assessment Collection Act as provided for in Section 40-139 of the Ordinance.
SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution
shall be the final adjudication of the issues presented herein (including, but not limited to, the special
benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology
by which the Assessments are calculated, the Assessment Roll and the levy and lien of the
Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief
within twenty (20) days from the adoption date hereof.
4
SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be
held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part
shall be considered as eliminated and in no way affection the validity of the other provisions of this
resolution.
SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect
immediately upon its passage and adoption.
DULY ADOPTED this 6th day of August 2024.
BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
*CyGOMM/SS'O COUNTY, FLORIDA
By:
clLo-W3o4Le_61
k ec,ej, Chair
(SEAL)
1P� v `r•y �e
ATTEST: tp �' Approved s to For :
c1Fcous14'*
Af 1z.
Deputy Clerk County Attorney
5
APPENDIX A
BOUNDARY MAP OF Street Lighting THE DISTRICT
District:
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APPENDIX B
PROOF OF PUBLICATION
LocaliQ
Florida PO Box 631244 Cincinnati,OH 45263-1244
GANNETT
AFFIDAVIT OF PUBLICATION
Erin Elizabeth Taylor
Monica Vargas Barrios
St Lucie County Planning&Development LEGALS
2300 Virginia AVE
Fort Pierce FL 34982-5632
STATE OF WISCONSIN,COUNTY OF BROWN
Before the undersigned authority personally appeared,who
on oath says that he or she is the Legal Advertising
Representative of the Indian River Press Journal/St Lucie
News Tribune/Stuart News, newspapers published in Indian
River/St Lucie/Martin Counties, Florida;that the attached
copy of advertisement, being a Legal Ad in the matter of
Main Legal CLEGL,was published on the publicly accessible
websites of Indian River/St Lucie/Martin Counties, Florida,
or in a newspaper by print in the issues of, on:
07/11/2024
Affiant further says that the website or newspaper complies
with all legal requirements for publication in chapter 50,
Florida Statutes.
Subscribed and sworn to before me, by the legal clerk,who
is personally known to me,on 07/11/2024
oLgaI -•
Notary,State of WI,County of Brown �y
My commission expires
Publication Cost: $481.20
Tax Amount: $0.00
Payment Cost: $481.20
Order No: 10359885 #of Copies:
Customer No: 1126667 1
PO#:
THIS is NOT AN INVOICE!
Please do not use this form for payment remittance.
KAITLYN FELTY
Notary Public
State of Wisconsin
Page 1 of 2
BEFORE THE BOARD OF COUNTY COMMISSIONERS
ST.LUCIE COUNTY FLORIDA
NOTICE OF PUBLIC HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION OF
NON AD VALOREM ASSESSMENTS IN THE
PALM GROVE STREET LIGHTING DISTRICT
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (THE
"BOARD"), will hold a PUBLIC HEARING to consider the levy of
special assessments on properties within the Palm Grove Street
Lighting District (the "District") to fund the cost of providing
street lighting services therein. The matter will be considered at the
Board's regular meeting on Tuesday,the 6th day of August 2024,
at 6:00 p.m. or as soon thereafter as the matter may be heard in
the St.Lucie County Commission Chambers at the St.Lucie County
Administration Building Annex, Third Floor, 2300 Virginia Avenue,
Fort Pierce, Florida 34982. The properties within the District are
indicated on the map below:
10 .'N Street Lighting District
Palm Grove
e
Po, .OS
r,
I,'MOM P
.,1000 Ncn
r.%,,,
The District was established by County Resolution No.92-129.
Each year the Board levies special assessments within the district
to fund the street lighting services.The purpose of the August 6t
public hearing is to consider matters related to the assessment
levy for fiscal year 2024-2025, including the matter of allocating
the cost of the street lighting services among specially benefitted
property. If levied,the special assessment will be collected on the
November, 2024 tax bill by the St.Lucie County Tax Collector and
will continue to be so collected on an annual basis until discontinued
by the Board.
All affected persons have the right to appear and be heard at
the above public hearing and have the right to file with the County
Engineer, within twenty (20) days of the date hereof, written
objections as to the proprietary and advisability of the project, as
to the cost thereof,as to the manner of payment thereof,and as to
the amount thereof to be specially assessed against each parcel of
property benefited thereby. Written comments received in advance
of the public hearing will be heard.
THIS NOTICE EXECUTED AND DATED THIS 11'h OF JULY,2024,
PUBLISH DATE: July 11,2024
APPENDIX C
AFFIDAVIT OF MAILING
This is to certify that on July 10, 2024, a total of 364 notices of "Non-Ad Valorem Assessments" for the
Palm Grove Street Lighting District were mailed duly notifying the affected property owners of the Public
Hearing to be held on August 6, 2024, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300
Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners
approved the 2024 Assessment Roll. A sample copy of the notice is hereby attached.
Bar ara tle , MSBU roject anager
St. Lucie County
Sworn to and subscribed before me this
day of 2024, by Barbara Guettler t\
who is perso ly known to me. '11/lest. eh(.11 LS&1
—.4rI/
N. ary P.: i , tate of Florida
!41".7v, SUSAN BELLAMY
Commission#HH 344141
p''�^` Expires January 28,2027
o J' v ST. LUCIE
July 10, 2024
Board of County
Commissioners
Chris Dzadovsky
DISTRICT 1
Vice-Chair
Re: Palm Grove Street Lighting District
Parcel ID No.
Larry Leet
Dear Property Owner: DISTRICT 2
The above-referenced parcel is located within the Palm Grove Street Lighting District(the
"District"). The District was created by St. Lucie County(the "County") in 1992 to fund the Linda Bartz
cost of providing street lighting services to the properties therein through the imposition DISTRICT 3
of annual special assessments, sometimes referred to as non-ad valorem assessments.
The amount assessed against each property annually is determined by dividing the
estimated cost of providing street lighting services by the number of parcels within the Jamie Fowler
street lighting district. In 2015, property owners within the District were notified the DISTRICT 4
maximum annual amount that could be assessed against their parcel (without the Board
conducting another public hearing) was $41.58. As a result of increases in the cost to Cathy Townsend
provide street lighting services, the proceeds of the special assessments are no longer DISTRICT 5
sufficient to fund the cost of providing street lighting services to the properties within the Chair
District.The proposed annual assessment amount to be levied against each parcel within
the District and collected along with your property taxes beginning in November 2024 is
$50.53.
Administration
Notice is hereby given that the Board will hold a public hearing to consider the levy of
non-ad valorem assessments against properties within the District, including the above-
referenced parcel, to fund the cost of providing street lighting services. The matters will
be considered at the Board's regular meeting on August 6, 2024 at 6:00 p.m., or as soon George Landry
thereafter as the matters may be heard, in the St. Lucie County Commission Chambers, COUNTY
2300 Virginia Avenue, Fort Pierce, Florida. If you would like to attend, please enter ADMINISTRATOR
through the north entrance of the Roger Poitras Annex and proceed to the County
Commission Chambers located on the third floor. Affected property owners have the
right to appear at the public hearing and to file written objections with the County Dan McIntyre
Engineer, but they must be received within twenty(20) days of the date of this notice. In COUNTY ATTORNEY
addition, the Board of County Commissioners will also consider all comments received
prior to or during the public hearing.
PUBLIC WORKS DEPARTMENT I ENGINEERING DIVISION 5 Guettlerb@stlucieco.org
I.2300 Virginia;Avenue I Fori Pierce.FL 34082 %. (772)462-1707 _ (772)462- 1428 le (772)462-2362 avww.stlucieco.gov
Enclosed with this letter you will find a Notice of Non-Ad Valorem Assessment describing the amount of
the special assessment proposed for levy against the above-referenced parcel for purposes of funding
street lighting services for the fiscal year 2024-2025. The notice indicates a maximum annual assessment
including administration and collection costs. The special assessment imposed may be lower than this
initially and may vary from year to year in the future, depending on fluctuations in the actual cost of the
providing the service. Each year the Board will adopt an annual assessment resolution approving the
amount of the assessment. However, the assessment shall not increase more than a total of 10% above
the maximum assessment amount as indicated on the Notice of Non-Ad Valorem Special Assessment
unless the Board gives notice and conducts an additional public hearing.
If you decide to appeal any decision made by the Board with respect to any matter considered at the
hearing,you will need a record of the proceedings and may need to ensure that a verbatim record is made,
including the testimony and evidence upon which the appeal is to be made. In accordance with the
Americans with Disabilities Act, if you need a special accommodation or an interpreter to participate in
this proceeding, please contact the County Clerk at least forty-eight (48) hours prior to the date of the
hearing.
If you have questions or concerns, please feel free to contact us at 772-462-2568.
Sincerely,
'BC,.&•1?.Y4/ L latkAii
Barbara Guettler
MSBU Coordinator
Enclosures: 1 Assessment Notice
2
ST. LUCIE COUNTY, FLORIDA
NOTICE OF NON-AD VALOREM ASSESSMENTS
PALM GROVE! STREET LIGHTING DISTRICT
1. Parcel identification number:
2. Unit of assessment: Equivalent Dwelling Units("EDUs")
3. Estimated 2024 annual assessment amount per EDU: $50.53
4. Number of EDUs assigned to your property: One(1)
5. Estimated 2024 Annual total assessment assigned to this parcel: $50.53
6. Maximum annual payment for this assessment: $55.58
7. Maximum amount of revenue generated from the entire SLD annually: $18,392.90
This is not a bill. Send no money now. NOTE: Although the annual assessment may vary from year to
year to account for changes in the actual cost of providing the street lighting services,the dollar amount
of the annual assessment will not increase above the maximum annual payment described above
without further notice and a public hearing.
Failure to pay the assessment will result in the issuance of a tax certificate to be issued against the
property which may result in loss of title.
3
APPENDIX D
FORM OF
CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that I am the Chair of the Board of County Commissioners of St. Lucie
County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied
myself that all property included or includable on the Non-Ad Valorem Assessment Roll for such county is
properly assessed so far as I have been able to ascertain; and that all required extensions on the above
described roll to show the non-ad valorem assessments attributable to the property listed therein have
been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this
certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie
County Tax Collector by September 15, 2024.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered
to the St. Lucie Cou t Tax Collector and made part of the above described Non-Ad Valorem
Assessment Roll this ay of c_f4 2024.
ST. LUCIE COUNTY, FLORIDA
By:
Ba ra tier, BU Coordinator