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Home My WebLink About02-255 ~0~ RESOLUTION NO. 02-255 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA: DETERMINING THAT THE PROPOSED SPECIAL ASSESSMENTS FOR THE KING ORANGE2 MUNICIPAL SERVICES BENEFIT UNIT TO FUND THE COST OF A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO PROPERTIES WITHIN THE KING ORANGE2 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 KING ORANGE2 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 November 8, 2000, 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. 00-263 which created the King Orange2 Municipal Services Benefit Unit (the "King Orange2 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 King Orange2 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 King Orange2 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 King Orange2 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 King Orange2 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 King Orange2 MSBU is to provide potable water improvements to properties within the King Orange2 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 King Orange2 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 King Orange2 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 $241,492.84 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 King Orange2 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 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 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. -2- 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. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOF~L~A ,~hairman APPROVED AS TO FORM AND Coun~ ney -3- ~.X~IBIT ' A ' SCRIPPS TREASURE COAST PUBLISHING COMPANY Fort Pierce Tribune Port St. Lucie Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCRE Before the undersigned authority personally appeared, S. Darlene Mailing, who on oath say 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. Lucia Tribune in the following issues below. Affiant further says that the said Fort Pierce/Port St. Lucia Tdbune is a newspaper published in Fort Pierce in said St. Lucia County, Florida, and that 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 the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publ[caUon in the said newspaper. The Fort Pierce Tribune has been entered as second class matter at the Post Office in Fort Pierce, St. Lucia 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 CoDvline PO # Date 253¥.~: S'~UCIE C0 BOARD 0FC0 10/15/2002 10/29/2002 P H 11/5 King Orange P H 11/5 King Orange ENGINEERING BEFORE THE BOARD OF C S~ · NOTICE OF PUBLIC HEARtNO : NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF S' 5th day 0! No~embe~ 2002, at 9=0(~ a.m. o~ soon Ibm carter as ~e ~ ~y ~ ~rd.~ ~ ~. L~ C~ ~m- mlsei~ Cha~s ~ ~ St. ~ ~ ~mipi~tl~ J Pler~ F~ida 34~. ~ ~m wl~in ~ KINGJ Subscribed and sworn to me before this date: 10/29/2002 ...... !.~,~ MARY '~. BYRNE ~ Commml~ion funded by a. rude County Tax CO~lec~ beginning in fifteen (15} Onnual Jn~talb~ [~du~ In,mt ~1 mst o~I ~ ~e pubBc ~ Will 2~629 EXHIBIT "B" PRELIMINARY ASSESSMENT ROLL -5- z LU UJ EXHIBIT "C" MAP OF MSBU KING ORANGE 2 M.S.B.U. -6-