HomeMy WebLinkAbout02-309RESOLUTION NO. 02-309
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 INDIAN RIVER ESTATES IS IN THE BEST INTEREST
OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES
WITHIN A PROPOSED INDIAN RIVER ESTATES MUNICIPAL SERVICES
BENEFIT UNIT; DETERMINING THAT 100% OF THE BENEFITS OF THE
PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED
INDIAN RIVER ESTATES 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 INDIAN RIVER ESTATES 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 INDIAN RIVER
ESTATES 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
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WHEREAS, on November 12, 2002 pursuant to the procedures set forth in Section 1-13.5
of the Code, the Board accepted the ballots from the land owners for potable water improvements
within a proposed Indian River Estates Municipal Services Benefit Unit (the "Indian River Estates
MSBU") requesting that the Board create the Indian River Estates MSBU to fund the cost of a
project to provide potable water improvements to certain properties in Indian River Estates in
unincorporated St. Lucie County (the "Project"); and
WHEREAS, on December 10, 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 Indian River
Estates 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
Indian River Estates 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 Indian River Estates MSBU; (2)
the percentage of the benefits of the Project which will accrue to properties within the limits of the
proposed Indian River Estates 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 Indian River Estates
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 Indian River Estates 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 Indian River Estates 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
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of preparing the plans, specifications, and the cost estimates may be assessed against the real
property within the Indian River Estates MSBU.
Section 6. This Resolution shall be effective upon adoption.
PASSED AND DULY ADOPTED this 10th day of December, 2002.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
--f)eputy C le~-k (J ~
By:
Chai!ahan
~ND
EAH£BIT ' 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. 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. 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. Lucie Tribune 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, 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. Lucia County, Florida and has been for a period of one year next preceding the first
publication of the attached copy of advertisement.
Pub Coovline PO #
Ad # Customer Name Date
2566626 ST LUC[E CO BOARD OF CO 11/19/2002 Meeting Dec 10
12/03/2002 Meeting Dec 10
Subscribed and sworn to me before this date:
12/03/2002
.~,:,'~"~,,,~ MARY T. BYRNE
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EXHIBIT B
MAP OF MSBU
M.S~.U. BOUNDARY
w_ E
N.T.S.
INDIAN RIVER
ESTATES
MSBU
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