HomeMy WebLinkAbout02-061RESOLUTION NO. 02-061
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR
ST. LUCIE COUNTY, FLORIDA, DETERMINING THAT A PROJECT TO
PROVIDE POTABLE WATER IMPROVEMENTS TO CERTAIN
PROPERTIES ON SMALLWOOD AVENUE IS IN THE BEST INTEREST
OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES
WITHIN A PROPOSED SMALLWOOD AVENUE MUNICIPAL SERVICES
BENEFIT UNIT; DETERMINING THAT 100% OF THE BENEFITS OF THE
PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED
SMALLWOOD AVENUE MUNICIPAL SERVICES BENEFIT UNIT;
DETERMINING THAT THE METHOD OF ASSESSMENT FOR THE
POTABLE WATER IMPROVEMENTS SHALL BE BASED UPON THE
EQUIVALENT RESIDENTIAL CONNECTION METHOD; DETERMINING
THAT THE COST OF THE PROJECT IS NOT IN EXCESS OF THE
BENEFIT; CREATING THE SMALLWOOD AVENUE MUNICIPAL
SERVICES BENEFIT UNIT; RESOLVING THAT 100% OF THE COST OF
THE PROJECT SHOULD BE FUNDED BY NON-AD VALOREM SPECIAL
ASSESSMENTS LEVIED ON PROPERTIES WITHIN THE SMALLWOOD
AVENUE MUNICIPAL SERVICES BENEFIT UNIT THROUGH AN
ASSESSMENT BASED ON AN EQUIVALENT RESIDENTIAL
CONNECTION METHOD OF ASSESSMENT; AUTHORIZING THE
COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE
PROJECT AND PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Chapter 125, Florida Statutes and Chapter 1-13.5 of the St. Lucie
County Code of Ordinances (the "Code), the Board of County Commi'ssioners for St. Lucie County,
Florida (the "Board") has the authority to establish municipal services benefits units ("MSBU's") in
unincorporated St. Lucie County to provide, among other things, drainage improvements and potable
water service; and
WHEREAS, pursuant to Chapter 1-13.5 of the Code, the Board has adopted procedures
Which govern the establishment and administration of such MSBU's; and
WHEREAS, on December 18,2001 pursuant to the procedures set forth in Section 1-13.5
of the Code, the Board accepted the petition of 54% of the land owners for potable water
improvements within a proposed Smallwood Avenue Municipal Services Benefit Unit (the
"Smallwood Avenue MSBU") requesting that the Board create the Smallwood Avenue MSBU to
fund the cost ora project to provide potable water improvements to certain properties on Smallwood
Avenue in unincorporated St. Lucie County (the "Project"); and
WHEREAS, on FebrUary 5, 2002 pursuant to the requirements of Section 1-13.5 of the
Code, the Board held a duly advertised initial hearing to consider the creation of the Smallwood
Avenue MSBU, proof of publication of this hearing is attached hereto and made a part hereof as
Exhibit "A"; and
WHEREAS, the County Engineer has advised the Board that based on an analysis of the
costs and benefits of the Project, the equivalent residential connection method of assessment is
appropriate because this method of assessment fairly and reasonably apportions the cost of the
project among the benefitted properties; and
WHEREAS, after hearing the comments of the County staff as well as interested persons,
the Board has made the following determinations: (1) the Project and the creation of the proposed
Smallwood Avenue MSBU is in the best interest of the health, safety and welfare of the County and
will be of benefit to the properties within the limits of the proposed Smallwood Avenue MSBU; (2)
the percentage of the benefits of the Project which will accrUe to properties within the limits of the
proposed Smallwood Avenue MSBU as shown on the map attached hereto as Exhibit "B" is 100%;
(3) the method of assessment to be used in assessing the benefitted properties shall be the equivalent
residential connection method; and (4) the cost of the project is not in excess of the benefit gained
by each of the Properties which would be subject to the proposed assessment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida, as follows:
Section 1: A municipal services benefit unit to be known as the Smallwood Avenue
Municipal Services Benefit Unit is hereby created as shown on the attached Exhibit "B".
Section 2: The entire cost of the Project shall be funded through non-ad valorem special
assessments levied against real property within the limits of the Smallwood Avenue MSBU.
Section 3: The method of assessment shall be based on the equivalent residential
connection method of assessment such that each lot owner within the Smallwood Avenue MSBU
shall share proportionately in the cost of the Project in relationship to the benefit received.
Section 4: The County Director of Engineering is hereby authorized to proceed with the
Project pursuant to the procedures set forth in Chapter 1-13.5 of the Code.
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Section 5: In the event the Project is not ultimately approved and constructed, the cost
of preparing the plans, specifications, and the cost estimates may be assessed against the real
property within the Smallwood Avenue MSBU.
Section 6. This Resolution shall be effective upon adoption.
PASSED AND DULY ADOPTED this 5th day of February, 2002
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Deputy Clei
By:
APPROVED AS TO FORM AND
CORRECTNESS:
~.. County Attorney
3
EXHIBIT
THE TRIBUNE
ST. LUCIE COUNTY, FLORIDA
600 Edwards Road, Ft. Pierce, FL 34982
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Before the undersigned authority personally appeared, Lynn Ferrare, General Manager; Kathy LeClair, Business
Manager or Bob Rossi, Circulation Manager of The Tribune, a daily newspaper published at
Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement was published in
The Tribune in the following issues below. Affiant further says that the said Tribune is a newspaper published
at Fort Pierce in said St. Lucie County, Florida and that the said newspaper has heretofore been continuously
published in said St. Lucie County, Florida daily and distributed in St. Lucie County, Florida, for a pedod of
one year next preceding the first publication of attached copy of advertisement: and affiant further says that
he/she has neither paid nor premised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advedisement for publication in the said newspaper.
The Tribune has been entered as second class matter at the Post Office in Fort Pierce, St. Lucie County,
Florida and has been for a pedod of one year next preceding the first publication of the attached copy of
advertisement.
Ad # Name Date Price Per Day PO #
2321709
ST LUCiE CO BOARD O
ST LUCIE CO BOARD O
01/15/2002 $51 .03
01/29/2002 $51.03
Total $102.06
Subse'~ib-ed
01/29/2002
a~d sworn to me before this date:
.as the
if ~
EXHIBIT B
MAP OF MSBU
(50LP-(X)7~O00/9~
7.92 Ac
(50~0077-000/7)
2.~2 Ac
5.80 Ac
,W.M.O. CANAL NO. 19
.SMALLWOOD AVENUE
MSBU