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HomeMy WebLinkAbout2022-011RESOLUTION NO. 2022- oll A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON -AD VALOREM ASSESSMENTS PURSUANT TO FLORIDA STATUTE 197.3632 TO RECOVER THE COSTS OF STREET PAVING IN THE OSLO PARK AREA. WHEREAS, Board of County Commissioners of Indian River County is considering imposition of non -ad valorem assessments to pay for the cost of street paving, including associated drainage improvements, in the Oslo Park area; and WHEREAS, the Indian River County Board of County Commissioners has enacted a Municipal Service Benefit Unit ("MSBU") ordinance which provides for services such as street paving in certain districts in the unincorporated areas of the County; and WHEREAS, that ordinance authorizes the levy and collection of special assessments in a uniform manner for those MSBU expenditures which are determined to provide a reasonably uniform special benefit to all properties within the benefit unit against which such special assessments are made; and further provides for the assessments to be levied in the same manner as taxes; and further provides for the assessment, levy, collection, remittance and accounting for said assessments at the same time and manner as taxes to the general fund; and WHEREAS, section 197.3632(3)(x), Florida Statutes requires the Board of County Commissioners to adopt a resolution at a public hearing clearly stating its intent to use the uniform method of collecting such assessment; stating the need for the levy; and including a legal description of the boundaries of the property; and requiring that the local governing board shall send a copy of the resolution by United States Mail to the Property Appraiser, Tax Collector and the Department of Revenue by March 10th of this year; and WHEREAS, a notice of intent to adopt this resolution electing to use the uniform method for collecting the assessment has been published for four consecutive weeks preceding this public hearing in the Indian River Press Journal. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows - 1 . ollows: 1. The Indian River County Board of County Commissioners ("Board") hereby elects to utilize the uniform method for levy, collection, and enforcement of non -ad valorem assessments as set out in section 197.3632, Florida Statutes for the Oslo Park area. 2. The Board intends to amend its Code of Ordinances, Chapter 200, to include the Oslo Park area as a street paving MSBU district. 3. The levy of the assessment is needed because the street paving, including associated drainage improvements, will further the health, safety and well-being of all those residing and owning property within the boundaries of the district. The benefited area is a residential neighborhood within unincorporated Indian River County and contains many dirt roads. The establishment of the street paving district will enhance the safety of all people that travel within the district. The property included within the Oslo Park Street Paving District Municipal Service Benefit Unit is described as: OSLO PARK STREET PAVING DISTRICT LEGAL DESCRIPTION Being a parcel of land lying in portions of Sections 25 and 26, Township 33 South, Range 39 East, Indian River County Florida. Said parcel also including portions of the following; Plat of Indian River Farms Company, Plat Book 2, Page 25, Of the public records of St. Lucie County, Florida (now Indian River County, Florida) and the following plats as recorded in the public records of Indian River County, Florida; Oslo Park Unit No. 2, Plat Book 4, Page 13; Oslo Park Unit No. 2-A, Plat Book 4, Page 31 and Oslo Park Unit No. 2-B, Plat Book 4, Page 24. Said parcel being more particularly described as follows.- BEGINNING ollows: BEGINNING at the northwest corner of Lot 7, Block B, according to the plat of Boxwood Estates, as recorded in Plat Book 11, Page 84, of the public records of Indian River County, Florida; thence run Northerly to the Southeast corner of those lands as described in official records book 630, page 2318, of the public records of Indian River County, Florida. Said point also being the intersection of the westerly right-of-way line of 17th/ Avenue SW and the northerly right-of-way line of 13th/ Street SW; thence northerly along the east line of said lands (said line also being the west right-of-way line of 17th/ Avenue SW) to the northeast corner of said lands; thence run easterly to the northwest corner of Block "O", according to the aforementioned plat of Oslo Park Unit No. 2. Said point also being on the south right-of-way line of 11th/ Street SW (Nebraska Street as platted); thence run easterly along said south right-of-way line to the northeast corner of Lot 25, Block "M", according to the aforementioned plat of Oslo Park Unit 2-13; thence continue easterly to the northwest corner of those lands as described in Official Records Book 1962, Page 1101, of the public records of Indian River County, Florida; thence run easterly along the north line of said lands to the northeast corner thereof; thence run southerly along the east line of said lands, and its southerly prolongation to its intersection with the north line of those lands as described in Official Records Book 2911, Page 2421, of the public records of Indian River County, Florida; thence run easterly to the northeast corner of said lands; thence run southerly and westerly along the east and south lines of said lands to the southwest corner thereof; thence run northerly along the west line of said lands to the southeast corner of those lands as described in Official Records Book 2982, Page 2436, of the public records of Indian River County, Florida; thence run westerly along the south line of said lands to the southwest corner thereof, thence run northerly along the west line of said lands to the southeast corner of those lands as described in Official Records Book 743, Page 330, of the public records of Indian River County, Florida; thence run westerly along the south line said lands, and the south line of those lands as described in Official Records Book 2515, Page 614, of the public records of Indian River County, Florida, to the southwest corner of said lands. Said southwest corner also being on the east line of those lands as described in Official Records Book 1481, Page 2918, of the public records of Indian River County, Florida; thence run southerly and westerly along the east and south lines thereof to the southwest corner of said lands; thence run northerly along the west line of said lands, and the west line of those lands as described in Official Records Book 1670, Page 152, and Official Records Book 596, page 753, of the public records of Indian River County, Florida, to the southeast corner of a parcel of land as described in Official Records Book 667, Page 1611, of the public records of Indian River County, Florida; thence run westerly along the 3 south line of said lands, and the westerly prolongation thereof to its intersection with the east line of a parcel of land as described in said Official records Book 667, Page 1611; thence northerly along the east line of said parcel to the northeast corner of said parcel. Said point also being the southeast corner of those lands as described in Official Records Book 938, Page 963, of the public records of Indian River County, Florida; thence run westerly along the south line of those lands as described in Official Records Book 938, page 963, and Official Records Book 1945, Page 2465 (said line also being north line of said lands per Official Records book 667, page 1611) to the southwest corner of those lands described in Official Records Book 1945, Page 2465; thence run southerly along the east line of, and westerly along the north line of that certain parcel of land as described in said Official records Book 667, Page 1611, and its westerly extension to a point in the east line of Block "D", according to the plat of Boxwood Estates, as recorded in Plat Book 11, Page 84, of the public records of Indian River County, Florida; thence run northerly along the east line of said Block "D" to the northeast corner of Lot 7, Block "D"; thence run westerly to the northwest corner of Lot 7, Block "B" of said plat of Boxwood Estates and the Point of Beginning. ALL LYING IN INDIAN RIVER COUNTY, FLORIDA. and as depicted below: OSLO PARK MUNICIPAL SERVICE BENEFIT UNIT - INDIAN RIVER COUNTY • srrt �. Aw �_ y .. fl 117Mfst t 5. (C tv 4 i N C .m I n.nN fl 0 Co.o� .lRf.n.C.D. Sw L.— X= ots D-! fid. % ut�totr ij . ats « rsr f 4 ttp 9tn�e swtt< a a+o n ) _ ��i F�WJt 2 :j ]]}• '-aoc. '0' B'oc1. 'V' r ocY, Lx. 'tl' � - 3 5 r L �t ` �o' }� fT s e a � �• � • srrt �. Aw �_ y .. fl 117Mfst t 5. (C tv 4 i N C .m I n.nN fl 0 Co.o� .lRf.n.C.D. Sw L.— X= ots D-! fid. % ut�totr ij . ats « rsr f 4 5. Upon adoption of this resolution, the Clerk to the Board is directed to mail a copy of this resolution by United States Mail to the Indian River County Property Appraiser, the Indian River County Tax Collector and the Department of Revenue by March 10, 2022. The resolution was moved for adoption by Commissioner Flescher , and the motion was seconded by Commissioner O'Bryan vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss , and, upon being put to a AYE AYE AYE AYE AYE The Chairman thereupon declared the resolution duly passed and adopted this 15th day of February, 2022. ATTEST: Jeffrey R. Smith, Clerk of Courts and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold County Attorney 5 l((� :tee BOARD OF COII�TI(_ 0 ISSi(*ERS INDIAN RIVER 664N I, 1; �LOR. . By: Peter D. O'Bryan, ?> man Approved by BCC: February 15, 2022 Approved: By: /r Jas n Brown Co�no Administrator