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Home My WebLink About04-140RESOLUTION NO. 04-140 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 HARMONY HEIGHTS IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITHIN A PROPOSED HARMONY HEIGHTS MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 100% OF THE BENEFITS OF THE PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED HARMONY HEIGHTS 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 HARMONY HEIGHTS 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 HARMONY HEIGHTS 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 April 6, 2004 pursuant to the procedures set forth in Section 1-13.5 of the Code, the Board accepted petition ballots from the land owners for potable water improvements within a proposed Harmony Heights Municipal Services Benefit Unit (the "Harmony Heights MSBU") requesting that the Board create the Harmony Heights MSBU to fund the cost of a project to provide potable water improvements to properties within the Harmony Heights area in unincorporated St. Lucie County (the "Project"); and WHEREAS, on May 4, 2004 pursuant to the requirements of Section 1-13.5 of the -1- Code, the Board held a duly advertised initial hearing to consider the creation of the Harmony Heights 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 benefited 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 Harmony Heights 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 Harmony Heights MSBU; (2) the percentage of the benefits of the Project which will accrue to properties within the limits of the proposed Harmony Heights MSBU as shown on the map attached hereto as Exhibit "B" is 100%; (3) the method of assessment to be used in assessing the benefited 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 Harmony Heights 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 Harmony Heights 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 Harmony Heights 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 of preparing the plans, specifications, and the cost estimates may be assessed against the real property within the Harmony Heights MSBU. Section 6. This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 4th day of May, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy C~erk Chairma~Y /¢ -- COR.~ECT'N~~,,,~ ~: Count~ A~~.~t/.~ ne~ -3- EXHIBIT A SCRIPPS HOWARD SCRIPPS TREASURE COAST NEWSPAPERS 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. Lucie Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was publshed 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, Flodda, 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 or promised any person, firm or coporation 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 Offices 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. A._~d Pub Customer Number Date ST LUCIE CO BOARD OF CO575161 4/13/2004 CO ST LUCIE CO BOARD OF CO 4/27/2004 CO Copyline PO # PH5/4/04 PH5/4/04 Subscribed and sworn to me before this date: Notary Public -4- BEFORE THE BOARD OF COUNTY COMMISSIONEI~S ST. LUCIE COUNTY, FLORIDA NOTICE OF PUBLIC HEARING NOT~CE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSlONEF{S OF ST. LUCIE COUNTY FLORIDA, proposes to create a municipal service benefit unit to be known as the HARMONY HEIGHTS MSBU. The proposed Harmony Heights Municipal Service Benefit Unit would levy a non-ad valorerr special assessment to fund a project to provide potable water improvements to the Harmony Heights area. The matter will be considered at the Board's regular meeting on Tuesda,'":,the 4th day of May 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard in the St. Lucre County Commissiof Chambers at the St. Lucie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. The proposed boundaries of the Harmony Heights Municipal Services Benefit Uni are shown on the map below. - N Harmony Heights MSBU .~r.~_--~ ./ ¢.../.!/ _o Matters affecting your personal and property rights may be heard and acted upon. All interested per- sons are invited to attend and be heard. Written comments received in advance of the public hearinc, will also be heard. Amendments to the proposal may be made at the public hearing. If any person decides to appeal any decision made with respect to any matter considered at the meet. ings or hearings of any board, committee, commission, agency, council or advisory group, that person will need a record of the proceedings and 'that, for ~uch purpose, may need to ensure that a verbatirr record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifyin[ during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cros~ examine any individual testifying during a hearing upon request. THIS NOTICE EXECUTED AND DATED THIS 13th DAY OF APRIL, 2004. Submitted by: Michael Powley County Engineer Publish:April 13, 27, 2004 575161 -5- 1S ql~ N N ~,S pu~, N N 41st St iS lSLt? N Io Haywood Dr p~ ddes