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HomeMy WebLinkAbout24-137 MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5385556 09/12/2024 12:37:55 PM OR BOOK 5206 PAGE 428-438 Doc Type:RESO RECORDING: $95 00 ST. LUCIE COUNTY, FLORIDA FINAL ASSESSMENT RESOLUTION SOLID WASTE SERVICES FOR FISCAL YEAR 2024-25 ADOPTED September 3, 2024 TABLE OF CONTENTS Page SECTION 1. AUTHORITY 1 SECTION 2. DEFINITIONS AND INTERPRETATION 1 SECTION 3. FINDINGS 1 SECTION 4. IMPOSITION OF SOLID WASTE SERVICE ASSESSMENTS 2 SECTION 5. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION 4 SECTION 6. EFFECT OF ADOPTION OF RESOLUTION 4 SECTION 7. EFFECTIVE DATE 5 APPENDIX A: AFFIDAVIT OF MAILING A-1 APPENDIX B: PROOF OF PUBLICATION B-1 APPENDIX C: FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL C-1 RESOLUTION NO. 2024-137 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN ST. LUCIE COUNTY, FLORIDA; IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY, FLORIDA TO FUND THE COST OF SOLID WASTE SERVICES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024; ESTABLISHING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION; CONFIRMING THE PRELIMINARY ASSESSMENT RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of St. Lucie County, Florida (the "County") is adopted pursuant to Chapter 38 of the Code of Ordinances and Compiled Laws of St. Lucie County (the "Ordinance"), Florida, Article VIII, Section 1(f), Florida Constitution, sections 125.01, 125.69 and 197.3632, Florida Statutes, and other applicable provisions of law, County Resolution No. 04-201 and Resolution No. 24-077 (the "Preliminary Assessment Resolution"). SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes the Final Assessment Resolution described in the Ordinance. All capitalized terms not otherwise defined in this Resolution shall have the meanings defined in the Ordinance and the Preliminary Assessment Resolution. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as follows: (A) The Board of County Commissioners of St. Lucie County, Florida (the "Board") has enacted the Ordinance which authorizes the imposition of annual Solid Waste Service Assessments against certain Assessed Property within St. Lucie County to fund solid waste collection, disposal and administrative services, facilities or programs. (B) The imposition of a Solid Waste Service Assessment for solid waste collection, disposal and administrative services, facilities or programs is an equitable and efficient method of allocating and apportioning the Solid Waste Costs incurred by the County each year among parcels of Assessed Property. (C) On September 14, 2004, the Board adopted Resolution No. 04-201 which authorized the imposition of Solid Waste Service Assessments to fund solid waste collection, disposal and administrative services,facilities or programs within the County Urban Services Area using the tax bill collection method commencing with the County's Fiscal Year which began October 1, 2004. (D) The County has imposed and collected Solid Waste Service Assessments each Fiscal Year since to fund the Solid Waste Costs. 1 (E) On July 2,2024,the Board adopted the Preliminary Assessment Resolution containing a brief and general description of the solid waste collection, disposal and administrative services, facilities or programs to be provided to Assessed Property, describing the method of apportioning the Solid Waste Costs to compute the Solid Waste Service Assessment for the Fiscal Year beginning October 1, 2024 ("Fiscal Year 2024-25"), designating the rate of assessment for such Fiscal Year and the maximum assessment rate which may be adopted in future Fiscal Years without further notice, directing the preparation of an Assessment Roll for the Residential Property subject to the Solid Waste Service Assessments and a separate Assessment Roll for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years, and directing the mailing and publication of notices required by the Ordinance and the Uniform Assessment Collection Act. (F) The Assessment Roll for Fiscal Year 2024-25 has heretofore been made available for inspection by the public, as required by the Ordinance. (G) Notice of a public hearing has been published and, as required by the terms of the Ordinance and the Preliminary Assessment Resolution, mailed to each Owner of Residential Property proposed to be assessed notifying such Owners of their opportunity to be heard. An affidavit regarding the notice mailed to each Owner of Residential Property is attached hereto as Appendix A and the proof of publication is attached hereto as Appendix B. (H) Such public hearing was held on September 3, 2024, and comments and objections of all interested persons have been heard and considered as required by law. (I) The Solid Waste Service Assessments contemplated hereunder are imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Resolution shall be construed solely as ministerial. SECTION 4. IMPOSITION OF SOLID WASTE SERVICE ASSESSMENTS. (A) The parcels of Assessed Property described in the Assessment Roll, which is hereby approved, are hereby found to be specially benefited by the provision of solid waste collection, disposal and administrative services,facilities and programs contemplated by the Ordinance and the Preliminary Assessment Resolution, in the amount of the Solid Waste Service Assessment set forth in the Assessment Roll, a copy of which was present at the above referenced public hearing and is incorporated herein by reference. (B) It is hereby ascertained, determined and declared that each parcel of Assessed Property within the County Solid Waste Urban Service Area will be benefited by the County's provision of solid waste collection, disposal and administrative services, facilities or programs in an amount not less than the Solid Waste Service Assessment for such parcel, computed in the manner set forth in this Resolution. (C) Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit, as set forth in the Ordinance and the Preliminary Assessment Resolution,from the solid waste collection,disposal and administrative services,facilities or programs to be provided and a legislative determination that the Solid Waste Service Assessments 2 are fairly and reasonably apportioned among the Residential Properties that receive the special benefit as set forth in the Ordinance and Preliminary Assessment Resolution. (D) The method for computing Solid Waste Service Assessments described in the Preliminary Assessment Resolution is hereby approved. (E) For Fiscal Year 2024-25,the Solid Waste Cost is estimated to be$8,156,681,28. Such Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcel's classification as Residential Property and the number of Dwelling Units for such parcels. An annual rate of assessment equal to $385.44 for each Dwelling Unit is hereby approved for Fiscal Year 2024- 25. For Fiscal Years thereafter, the Solid Waste Service Assessments may be imposed at a rate not to exceed $485.00 per Dwelling Unit without further notice to affected property owners unless the circumstances described in Section 12(B) of the Preliminary Assessment Resolution apply. Notice of the potential rate increase for future years was included in the public hearing notices which were published and mailed to affected property owners. (F) Solid Waste Service Assessments for solid waste collection and disposal services, facilities or programs in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessed Property described in the Assessment Roll. (G) Any shortfall in the expected Solid Waste Service Assessment proceeds due to any reduction or exemption from payment of the Solid Waste Service Assessments required by law or authorized by the Board shall be supplemented by any legally available funds,or combination of such funds, within the solid waste enterprise fund. (H) As authorized in Section 38-157 of the Ordinance, Interim Solid Waste Service Assessments are also levied and imposed against all Residential Property for which a Certificate of Occupancy (or Building Permit as chosen by the Board) is issued beginning June 1, 2024 or has otherwise been inadvertently omitted from the Assessment Roll, based upon the rates of assessment approved herein. The County shall provide invoices to those Residential Properties requesting payment in the amounts set forth herein. Failure of the Property Owner to pay such amounts within forty-five (45)days shall render these amounts delinquent. Such delinquencies may be collected by any lawful means, including but not limited to, the institution of an action to collect the amounts owed or their inclusion on the subsequent years Tax Bill. In addition, the Building Department shall be authorized to also collect an administrative fee of 2% of the amount of the Interim Solid Waste Service Assessment to pay for the costs of collection and processing. The amount of the Interim Solid Waste Service Assessments for Fiscal Year 2024-25, including the administrative fee, shall be $32.12 per month per Dwelling Unit for each month until such Residential Property can be included on the forthcoming Assessment Roll. (I) As authorized by Section 38-157 of the Ordinance, Solid Waste Service Assessment delinquencies may be collected by any lawful means, including but not limited to, the institution of an action to collect the amounts owed or their inclusion on the subsequent years tax bill. The Assessment Roll includes Solid Waste Service Assessments for Fiscal Year 2024-25 as well as payment delinquencies from prior Fiscal Years, if any. 3 (J) Such Solid Waste Service Assessments shall constitute a lien upon the Assessed Property so assessed 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. (K) The Assessment Roll for Fiscal Year 2024-25, as herein approved, shall be delivered to the Tax Collector for collection using the tax bill collection method in the manner prescribed by 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 C. SECTION 5. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION. The Preliminary Assessment Resolution is hereby ratified and confirmed. SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. As provided by Section 38-157 of the Ordinance, adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to,the benefits conveyed by solid waste collection and disposal services,the method of apportionment, the rate of assessment including the maximum rate for future years, the Assessment Roll and the levy and lien of the Solid Waste Service Assessments unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 30 days from the date of this Final Assessment Resolution. [Remainder of Page Intentionally Left Blank] 4 SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. PASSED, ADOPTED AND APPROVED THIS 3rd day of September 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, F IDA BY: * ..14t(.t1BY: DEPUTY CLERK GOMMiSS CHAIR�1 APPROVEDrA FORM t� Oj fr n AND CORRE S : �), r i•' at BY. `4, 04FcouN11. COUNTY ATTO NEY 5 APPENDIX A AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Corissa Gamble, who, after being duly sworn, deposes and says: 1. Corissa Gamble, pursuant to the authority and direction received from the Board of County Commissioners, timely directed the preparation of the Fiscal Year 2024-25 non ad-valorem assessment roll for solid waste services and the preparation, mailing, and publication of related notices in accordance with Chapter 38, Code of Ordinances and Compiled Laws of St. Lucie County, Florida (the "Ordinance"), in conformance with the Preliminary Assessment Resolution adopted by the Board on July 02, 2024 (the "Preliminary Assessment Resolution"). 2. In accordance with the Ordinance, Ms. Gamble supervised and directed the mailing of individual mailed notices to the owner of each Assessed Property contained upon the Assessment Roll. The notice was substantially in the form as contained in the Preliminary Assessment Resolution and included the following: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel;the total revenue the County expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title;a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. 3. Such notices were mailed on or before July 25, 2024. FURTHER AFFIANT SAYETH NOT 1.4 Corissa Gamble, Affiant STATE OF FLORIDA COUNTY OF ST. LUCIE COUNTY The foregoing Affidavit of Mailing was sworn to and subscribed before me this 99.q-Fh day of OWL) , 2024, by Misty Theriault. She is6;ersonally know—)to me or has produced as identification and did take an oath. - 4 LIJhtAA.( J Printed Name: Misty Theriault =� � � . MISTY THERIAULT Notary Public, State of Florida At Large d Notary Public-State of Florida 1•,,;= Commission a HH 236868 ►►I ,,, My Commission Expires $$ March 06,2028 My Commission Expires: lQ ZDZ Commission No.: HH 131, to A-1 APPENDIX B LocaliQ Florida PO Box 631244 Cincinnati,OH 45263-1244 GANNETT AFFIDAVIT OF PUBLICATION Mrs.Rebecca Olson St Lucie County Solid Waste 6120 Glades Cutoff Rd. Ft Pierce FL 34981 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: 08/12/2024 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 kn n to me,on 08/12/2024 c31313r(V/ Legal Clerk Notary,State of WI,County of Brown My commission expires Publication Cost: $433.28 Tax Amount: $0.00 Payment Cost: $433.28 Order No: 10327266 #of Copies: Customer No: 1081106 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 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS St. Lucie County,Florida(the"County")imposes special assessments,sometimes referred to as non-ad valorem assessments,against certain improved residential properties located within the County Solid Waste Urban Service Area depicted below to fund the annual costs of providing residential garbage, recycling and yard waste collection and disposal services (the "Solid Waste Assessments"). Notice is hereby given that the Board of County Commissioners of the County(the"Board")will conduct a public hearing to consider imposing Solid Waste Assessments to fund the cost of such services and facilities for the fiscal year commencing October 1, 2024 ("Fiscal Year 2024-25")and each fiscal year thereafter, and to authorize collection of such assessments on the annual property tax bill. The Solid Waste Assessment is an annual assessment which will continue from year to year. The hearing will be held in the County Commission Chambers at 6:00 p.m. on September 03, 2024, or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed Solid Waste Assessments.All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person 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, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Safety and Risk Manager at (772)462-1546 or TDD (772)462-1428, at least seven days prior to the date of the hearing. The Solid Waste Assessment for each parcel will be computed by multiplying the number of dwelling units on the parcel by the rate of assessment. The rate of assessmentfor Fiscal Year 2024-25 shall be $385.44 per dwelling unit. The maximum rate of assessment that can be charged in future fiscal years without additional notice is $485.00 per dwelling unit. Copies of the assessment roll showing the amount of the Solid Waste Assessment to be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the office of the County Property Appraiser located on the First Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The Solid Waste Assessments will be i St Lucie Co u my collected by the St. Lucie County Tax urban Collector on the ad valorem tax bill mailed • t Service Boundary each November, including November 2024, 1 eJ Fww Natalie I...." /� L.I,t,y win.....r-,. , as authorized by Section 197.3632, Florida 1`ti..�.�►. Statutes. Failure to pay the assessments will cause a tax certificate to be issueds against the property which may result in a , �-- 111. loss of title. ] _' t If you have any questions, please contact °' ! the County at(772)462-1631, Monday i .. through Friday between 8:00 a.m.and 5:00 j � •4 ,su�•� George Landry i w County Administrator i - Mak $ lit .• ) l / 1R-39/58/44 APPENDIX C CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I, the undersigned, HEREBY CERTIFY that I am an 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 solid waste services(the"Solid Waste Service Assessment Roll") for the 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 this certificate and the herein described Solid Waste Service Assessment Roll will be delivered to the St. Lucie County Tax Collector, in accordance section 197.3632, Florida Statutes. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above-described Solid Waste Service Assessment Roll this 2nd day of August 2024. ST. LUCIE COUNTY, FLORIDA sc By:1 > „,„ Cali Rabins, CFE Tax Roll Administrator