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Home My WebLink About02-081RESOLUTION NO. 02-081 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUClE COUNTY, FLORIDA: DETERMINING THAT THE PROPOSED SPECIAL ASSESSMENTS FOR THE WEST FIRST STREET MUNICIPAL SERVICES BENEFIT UNIT TO FUND THE COST OF A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO PROPERTIES WITHIN THE WEST FIRST STREET MUNICIPAL SERVICES BENEFIT UNIT ARE JUST AND RIGHT; APPROVING AND CONFIRMING THE PRELIMINARY ASSESSMENT ROLL BASED ON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; LEVYING A NON-AD VALOREM SPECIAL ASSESSMENT ON THE REAL PROPERTY WITHIN THE WEST FIRST STREET 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 August 21, 2001, based on the petition of sixty-nine (69%) 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") adopt Resolution No. 01-188 which created the West First Street Municipal Services Benefit Unit (the "West First Street 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 West First Street 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 December 11, 2001, the Board adopted Resolution No. 01-279 stating the County's intent to use the uniform method of collecting non-ad valorem assessments as authorized in Section 197.3632, Florida Statutes; and WHEREAS, on March 5, 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 West First Street MSBU, proof of publication of the public hearing is attached as Exhibit "A"; and -1- 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 West First Street 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 West First Street 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 West First Street MSBU is to provide potable water improvements to properties within the West First Street 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 West First Street 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 West First Street 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 $103,012.29 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 West First Street 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 ten (1.0) 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 roll 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 Vice Chairman Commissioner Commissioner Commissioner Doug Coward Cliff Barnes Frannie Hutchinson Paula Lewis John Bruhn Aye Aye Aye Aye Aye PASSED AND DULY ADOPTED this 5th day of March, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA "' ~ Chairman APPROVE,,D AS TO FORM AND CORRECT ESS: -3- EXHIBIT" A" SCRIPPS TREASURE COAST PUBLISHING COMPANY Fort Pierce Tribune Port St. Lucie Tribune P.O. Box 69, Fort Pierce, FL 34954-0069 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, S. Darlene Mailing, who on oath says that she is Classified Inside Sales Manager of the Fort Pierce Tribune and the Port St. Lucie Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was published in the Fort Pierce/Port St, Lucie Tribune in the following issues below. Affiant further says that the said Fort Pierce/Port St. Lucie Tribune is a newspaper published in Fort Pierce in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida daily and distributed in St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither 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 Fort Pierce 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 # Customer Name Pub Date Convline PO # 2348179 ST LUCIE CO BOARD OF CO 02/12/2002 02/26/2002 W. 1st St.- MSBU W. 1st St.- MSBU Subscribed and sworn to me before this date: O2/26/2OO2 ~:.~.~EFORE THE BOARD OF COUNTy COMMISSIONERS ~ ,~,'~ ST. iLUCIE COUNTY, FLORIDA · ~4, NOTICE OF PUBLIC HEARING NOTICE IS HEREBy GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FL~IRIDA (THE "BOARD"), will hold a SECOND PUBLIC HEARING to conslde~ the levy of' special assessments on properties Within the WEST 1ST STREET MUNICIPAL SER- WES BENEFIT UNIT to fund the cost of a project to provide petabie Water to West 1st Street. The matter will be consid- mecl at the Board's reguiar meeting on the 5th day of March 2002, at 7:00 p.m. or soon thereafter as the~mattes, maybe I'~la~d in the St. Lucie County Commissjor~ Chambers at the Sf~ :Lucle County Administration Building Annex, Third Floor 2300 Virginia Avenue~ Fort Pierce, Florida 34982. The P~0perties within the West 1 st Street Municipal Services Ben- el~Unit are indicated on the map below: ~.,../ .,- ....... ....... .... ~-. ,, .... ~.. T~e project costs fOr the potable water lystem would be f~ded by a non-ad valorem special assessment lev ed o~ i~,o..~tt, es within the West 1st Street Municipal Services ~e~t* eflt Unit. The assessment will b~ ce~,:ted by the St. Lucie §o_u,ty Tax, Ca, ..~ bee?nl,eI 1. No .,q~, 2002, I, mi uJ annum i ,n~atl~ I~* Int~ett a~cl ~oa of collection beard at t~at~ve PUBUC Hr~a~G ~ ~ve ~,~e~t to d~ here~ eblec~e a* to tt~ promle~arY and manner of payment thereof, end a~ to the amounf ~lherea~ to ,,~ve e~r~by..w~men ~ rec~ ~n mSv~ce of the p0blic hearing will be beard, A~ tc~ gte municipal ~ces benefit unit ma~ be made at'the public hearing. ~HIS NOTICE EXECUTED AND DATED THIS 12TH DAY C~ FEBRUARY 2002. P~ish: February 1'2 & 26, 2002' ~ 2348 i 79 / ENGINEERING -4- I I m Z .-t m o Z o o m .~- I..- Z LU 0 Z EXHIBIT "C" MAP OF MSBU WEST Is~ STREET MSBU POTABLE WATER - FPUA I I I