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Home My WebLink About02-098RESOLUTION NO. 02-098 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 IN SUNLAND GARDENS IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITHIN A PROPOSED SUNLAND GARDENS MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 100% OF THE BENEFITS OF THE PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED SUNLAND GARDENS 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 SUNLAND GARDNES 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 SUNLAND GARDENS 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 Commissioners 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 March 12, 2002 pursuant to the procedures set forth in Section 1-13.5 of the Code, the Board accepted the petition of 46% of the land owners for potable water improvements within a proposed Sunland Gardens Municipal Services Benefit Unit (the "Sunland Gardens MSBU") requesting that the Board create the Sunland Gardens MSBU to fund the cost of a project to provide potable water improvements to certain properties in Sunland Gardens in unincorporated St. Lucie County (the "Project"); and WHEREAS, on April 16, 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 Sunland Gardens 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 Sunland Gardens 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 Sunland Gardens MSBU; (2) the percentage of the benefits of the Project which will accrue to properties within the limits of the proposed Sunland Gardens 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 Sunland Gardens 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 Sunland Gardens 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 Sunland Gardens 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. Section 5: In the event the Project is not ultimately approved and constructed, the cost 2 of preparing the plans, specifications, and the cost estimates may be assessed against the real property within the Sunland Gardens MSBU. Section 6. This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 16st day of April, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Cha~nan APPRO/y'I~DcoR~~ ~ ~~ND ~ou~7 nt~ -3- i1 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. Lucia Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was published il ~:~, Pierce/Port St. Lucie Tribune in the following issues below. Affiant further says that the said '~. · BEFORE THE~sT~IIOAEDLucJEOF¢oUN.~,CO.LINTYFLOi~iI)ACOMMIS$1ONEI~S·.. . Fort Pierce/Port St. Lucie Tribune is a newspaper published in Fort Pierce in said St. Lucie Count1 that said newspaper has heretofore been continuously published in said St. Lucie County, Florida' distributed in St. Lucie County, Florida, for a period of one year next preceding the first OF ST. attached copy of advertisement; and affiant further says that she has neither paid nor promised ben~it unit to-be or corporation any discount, rebate, commission or refund for the purpose of securing this advs publication in the said newspaper. The Fort Pierce Tribune has been entered as second class ma1 Office in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preced publication of the attached copy of advertisement. Chembe~ MuMclpol Ad # Custemer Name Pub Date C0nvline 2376893 BOCC- ST LUCIE COUNTY 03/26/2002 SUNI_AND GARDENS 04/09/2002 SUNLAND GARDENS Subscribed and sworn to me before this date: 04/09/2002 Denald 8. Wmt C~un~/Engineer 2376893 EXHIBIT" B" Sunland Gardens MSBU ~ MSBU ~ Ft. Pierce City Limits Map prepared by Community Developmer~ N April 15, 2002 __~