HomeMy WebLinkAbout02-256RESOLUTION NO. 02-256
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR
ST. LUCIE COUNTY, FLORIDA: DETERMINING THAT THE PROPOSED
SPECIAL ASSESSMENTS FOR THE SKYLARK2 MUNICIPAL SERVICES
BENEFIT UNIT TO FUND THE COST OF A PROJECT TO PROVIDE
POTABLE WATER IMPROVEMENTS TO PROPERTIES WITHIN THE
SKYLARK2 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 SKYLARK2 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 TH E PROJECT AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on November 8, 2000, based on the petition of seventy (70%) 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. 00-264 which created the Skylark2 Municipal Services Benefit Unit
(the "Skylark2 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 Skylark2
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 Skylark2 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 Skylark2 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 Skylark2 MSBU which include the real property
to be specially assessed to fund the cost of the Project are shown on the attached Exhibit
Section 2: The Project to be funded by a non-ad valorem special assessment
levied by the Skylark2 MSBU is to provide potable water improvements to properties within
the Skylark2 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 Skylark2 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 Skylark2 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 $219,903.21 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 Skylark2 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.
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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. LUClE COUNTY, FLORIDA
Deputy Clerk
- ~;~halrman
APPROVED AS TO FORM AND
COR~ESS~ney
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I.: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
ENGINEERING
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Before the undersigned authority personably appeared, S. Darlene Mailing, who on oath says that she is Classifiel
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, flrn
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 seconri class matter at the Post
Office in Fort Pierce, St. Lucie County, Florida arid has been for a period of one year next preceding the first
publication of the attached copy of advertisement.
Pub CoDvline PO #
Ad ~ customer Name Date
2539654~_ ST LUCIE CO BOARD OF CO 10/15/2002
u'~ 10/29/2002
P H 11/5 Skylark
P H 11/5 Skylark
Subscribed and sworn to me before this date:
1 0/29/2002
~ Commmlusion # DDI:~2BA4 IP
~010 I.eeei Notfo~11Q'~O
Legel
~EFORE THE ~A~ ~ COUN~ C~ISSIONERS
, rST. LUCIE COUNW, FLORIDA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREB~ GIVEN THAT T~E BOAR0 OF
County Tax ColJector beOlt~ning in Novembe', 2003, in
fifteen (tS) annual instbflmenls plus interest and cost of
collection (subject to cbttoln rights o~ prePayment}.
at the above PUBLIC HEARING and have fha right to file
EXHIBIT '"B"
PRELIMINARY ASSESSMENT ROLL
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Z
EXHIBIT "C"
MAP OF MSBU
SKYLARK 2 M.S.B.U.
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