HomeMy WebLinkAbout02-258 ~ RESOLUTION NO. 02-258
-?~l \k ~ 'A RESOLUTiON OF THE BOARD OF COUNTY COMMiSSlONERS FOR
ST. LUClE COUNTY, FLORIDA: DETERMINING THAT THE PROPOSED
SPECIALASSESSMENTS FORTHE SMALLWOOD AVENUE MUNICIPAL
SERVICES BENEFIT UNIT TO FUND THE COST OF A PROJECT TO
PROVIDE POTABLE WATER IMPROVEMENTS TO PROPERTIES WITHIN
THE SMALLWOOD AVENUE 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 SMALLWOOD AVENUE 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 PROJECTAND PROVIDING AN
EFFECTIVE DATE
WHEREAS, on February 6, 2001, based on the petition of fifty four (54%) 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. 01-061 which created the Smallwood Avenue Municipal Services
Benefit Unit (the "Smallwood Avenue 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
Smallwood Avenue 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 November 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 Smallwood Avenue
MSBU, proof of publication of the public hearing is attached as Exhibit "A"; and
WHEREAS, after considering the comments of ail interested persons, the Board has
determined that the special assessments as set forth on the preliminary assessment roll
for the Smallwood Avenue MSBU, attached hereto as Exhibit "B", are just and equitable.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida, as follows:
Section 1: The boundaries of the Smallwood Avenue 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 Smallwood Avenue MSBU is to provide potable water improvements to
properties within the Smallwood Avenue 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 Smallwood Avenue 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 Smailwood
Avenue 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 $103,137.38 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 Smallwood Avenue 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 2003 for a period of ten (10) 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.
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After motion and second, the vote on this Resolution was as follows:
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Doug Coward
Cliff Barnes
Paula Lewis
John Bruhn
Frannie Hutchinson
Aye
Aye
Aye
Aye
Aye
PASSED AND DULY ADOPTED this 5th day of November, 2002.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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APPROVF_~ AS TO FORM AND
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~x~IBIT ' A '
SCRIPPS TREASURE COAST
PUBLISHING COMPANY
Fort Pierce Tribune
Port St. Lucie Tribune
600 Edwards Road, Foal Pierce, FL 34982
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. Lucia 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 colttinuously published in said St. Lucia County, Florida daily and
distributed in St. Lucia 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
2540~ S'R~--';UCIE CO BOARD OF CO
c~
Pub Coovline PO #
Date
10/15/2002 P H 11/5 Smallwood
10/29/2002 P H 11/5 Smallwood
Subscribed and sworn to me before this date:
10/29/2002
ENGINEERING
prope~m within fhq SMALLWOQD A~VEN~JE M~nlapolJ
I
the St. Lucie County Tax Colle~m' I~glnni~ in Nevembm',I
2003, in ~e~ (10) annual Inlfal~en~ p~ lhtemlf a~l cmtI
EXHIBIT"B"
PRELIMINARY ASSESSMENT ROLL
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EXHIBIT "C"
MAP OF MSBU
SMALLWOOD AVENUE
MSBU
7.92