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Home My WebLink About02-023RESOLUTION NO. 02-023 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA: DETERMINING THAT THE PROPOSED SPECIAL ASSESSMENTS FOR THE RIVER BRANCH ESTATES MUNICIPAL SERVICES BENEFIT UNIT TO FUND THE COST OF A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO PROPERTIES WITHIN THE RIVER BRANCH ESTATES MUNICIPAL SERVICES BENEFIT UNIT ARE JUST AND 'RIGHT; APPROVING AND CONFIRMING THE PRELIMINARYASSESSMENT ROLL BASED ON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; LEVYING A NON-AD VALOREM SPECIAL ASSESSMENT ON THE REAL PROPERTY WITHIN THE RIVER BRANCH ESTATES MUNICIPAL SERVICES BENEFIT UNIT BASED ON THE APPROVED ROLL; AUTHORIZING COLLECTION OF THE SPECIAL ASSESSMENT BY THE UNIFORM METHOD OF COLLECTION; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, on June 2, 1998, based on the petition of seventy-three (73%) percent of the landowners pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code"), the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 98-126 which created the River Branch Estates Municipal Services Benefit Unit (the "River Branch Estates MSBU") to levy non-ad valorem special assessments based on the equivalent residential connection method of assessment to fund the cost of a project to provide potable water improvements to properties within the boundaries of the River Branch Estates MSBU in unincorporated St. Lucie County, Florida (the "Project"); and authorized the St. Lucie County DirectOr of Engineering (the "County Engineer") to proceed with the Project pursuant to the procedures set forth in Section 1- 13.5 of the Code; and WHEREAS, on January 15, 2002 pursuant to Chapter 1-13.5 of the Code and Chapter 125 and Section 197.3632, Florida Statutes, the Board held a duly noticed and advertised second public hearing to consider propriety and advisability of the Project and to act as an equalizing board to consider the comments of affected land owners and other interested persons concerning the preliminary assessment roll for the River Branch Estates MSBU, proof of publication of the public hearing is attached as Exhibit "A"; and WHEREAS, after considering the comments of all interested persons, the Board has determined that the special assessments as set forth on the preliminary assessment roll for the River Branch Estates MSBU, attached hereto as Exhibit "B", are just and equitable. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: The boundaries of the River Branch Estates MSBU which include the real property to be specially assessed to fund the cost of the Project are shown on the attached Exhibit "C". Section 2: The Project to be funded by a non-ad valorem special assessment levied by the River Branch Estates MSBU is to provide potable water improvements to properties within the River Branch Estates MSBU in unincorporated St. Lucie County, Florida. Section 3: The method of assessment for the potable water improvements shall be based on the equivalent residential connection method of assessment such that each property within the River Branch Estates MSBU shall share equally in the cost of the potable water improvements and that the amount of the assessment does not exceed the benefit to the properties derived from the improvements. Section 4: The preliminary assessment roll (Exhibit "B") for the River Branch Estates MSBU is hereby approved and confirmed and the assessment shall stand as a lien against the benefitted properties until satisfied. Section 5: A non-ad valorem special assessment (the "Special Assessment") in the total estimated amount of $356,527.43 which includes interest, to fund the Project as shown on the plans and specifications prepared by the County is hereby levied on the real property within the River Branch Estates MSBU (Exhibit "C") in the amounts set forth on the preliminary assessment roll attached as Exhibit "B". Section 6: . The Special Assessment shall be collected by the uniform method of collection pursuant to Sections 197.3632 and 197.3635, Florida Statutes, as authorized bY Chapter 1-13.5 of the Code beginning in November 2002 for a period of fifteen (15) years. Section 7: The County Engineer is authorized to continue with the Project. Section 8: Upon the completion of Project, the County Engineer shall report the actual cost to the Board, and the Board shall confirm a final assessment roil with such adjustments as may be necessary in accordance with the provisions of Chapter 1-13.5 of the Code. Section 9. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chairman Doug Coward Aye Vice Chairman Cliff Barnes Aye · Commissioner Frannie Hutchinson Aye Commissioner Paula Lewis Aye Commissioner John Bruhn Aye PASSED AND DULY ADOPTED this 15th day of January, 2002. ATTEST: Deputy Clef BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPR0)~ED AS TO FORM AND COR/~TNESS:c~ou~ ' rney E~HIBI~ "A" THE TRIBUNE ST. LUClE 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 Ferraro, General Manager; Kathy LeClair, Business Manager or Bob Rossi, Cimulation Manager of The Tribune, a daily newspaper published at Fort Pieme 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 Pieme Jn said St. Lucie County, Florida and that the said newspaper has heretofore been continuously published in said St. Lucia County, Florida daily and distributed in St. Lucie County, Florida, for a period of one year next preceding the first publication of attached copy of adver[isement; and affiant further says that he/she has net[her paid nor promised any person, firm or corporation any discount; rebate, commission or refund for the purpose of securing this advertisement 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 period of one year next preceding the first publication of the attached copy of advertisement. Ad # Name Date Price Per Day PO # 2305474 ST LUCIE CO BOARD O 12/25/2001 ST LUCIE CO BOARD O 01/08/2002 Total $36.72 $36.72 $73.44 Subscribed and sworn to me before this date: 01/08/2002 -4- EXHIBIT "B" PRELIMINARY ASSESSMENT ROLL I71 ~'~ z Z ~Q >- ~> 000000000000000000000000000000 000000000000000000000000000000 666666666666666666666666666666 ITl Z I'll Z ITl ITl ~mmmmmmmm~ ~000000 -I rnf.~ EXHIBIT."C" 'MAP OF MSBU o RIVER BRANCH ESTATES MSBU i ] 4.'fa AC. DOEAN. (312-0001 *-000/,4 ) 9. 43 AC. mITE CITY PAR~ ~ (~o3-5o2.-ot i l-.000.,,B) 14.60 AC. . ) CREEK LANE TRACT TRACT ¢ 3.~o3-~o~ooo. o -4oato 0.65 o. J3 JL. t. OS ~ 3. S"[ C~.OZ,-3az- Io~-ooo/'4) ~..61 AC. "('34~-'33~'-OtOg,,O00./l) 2.0'3 ~ ~T,C. (~.¢03-~--01 I0-.000/1)