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HomeMy WebLinkAbout2024-076RESOLUTION NO.: 2024- 0 7 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE UNINCORPORATED AND ALL PARTICIPATING INCORPORATED AREAS OF INDIAN RIVER COUNTY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County, Florida Board of County Commissioners is contemplating the imposition of special assessments to fund services, facilities, and programs for street lighting maintenance and improvements, roadway maintenance and improvements, stormwater maintenance and improvements, water and sewer maintenance and improvements; and other public services and facilities allowed by law; and WHEREAS, the County intends to use the uniform method for collecting non -ad valorem special assessments for the cost of providing the above enumerated services, facilities, and programs to property within the unincorporated and all participating incorporated areas of the County as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing for the Fiscal Year beginning on October 1, 2025, in the same manner as provided for ad valorem taxes; and WHEREAS, the County held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. Commencing with the Fiscal Year beginning on October 1, 2025, and with the tax statement mailed for such Fiscal Year and continuing until discontinued by the County, the County intends to use the uniform method of collecting non -ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, to fund services, facilities, and programs for street lighting maintenance and improvements, roadway maintenance and improvements, stormwater maintenance and improvements, water and sewer maintenance and improvements; and other public services and facilities allowed by law. Such non -ad valorem assessments shall be levied within the unincorporated and all participating incorporated areas of the County. A legal description of such area subject to the assessments is attached hereto as Exhibit B and incorporated by reference. 2. The County hereby determines that the levy of the special assessments is needed to fund the cost of providing services, facilities, and programs for street lighting maintenance and improvements, roadway maintenance and improvements, stormwater maintenance and RESOLUTION NO.: 2024- 0 7 6 improvements, water and sewer maintenance and improvements; and other public services and facilities allowed by law throughout the County. 3. Upon adoption, County staff is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Indian River County Tax Collector, and the Indian River County Property Appraiser by January 10, 2025. 4. This Resolution shall be effective upon adoption. 5. The foregoing resolution was moved for adoption by Commissioner Lo a r and seconded by Commissioner Earman , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher AYE Vice -Chairman Deryl Loar AYE Commissioner Susan Adams AYE Commissioner Joseph H. Earman AYE Commissioner Laura Moss AYE The Chairman thereupon declared the resolution duly passed and adopted this 17�h day of December, 2024. ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Depu lerk Approved as to form and legal sufficiency: By: V. v fifer . Shuler, County Attorney BOARD OF COUNTY COMMISSr�I OF INDIAN RIVER COUNTY,1�` O A By: _ .. ev� seph . Flescher, Chairman COUN (SEAL) RESOLUTION NO.: 2024 - 0 7 6 EXHIBIT A PROOF OF PUBLICATION LocaliQ Florida PO Box 631244 Cincinnati, OH 45263-1244 GANNETT AFFIDAVIT OF PUBLICATION Christina Moore Indian River County Attorneys Office 1801 27Th ST Vero Beach FL 32960-3388 STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Indian River Press Journal/St Lucie News Tribune/Stuart News, newspapers published in Indian River/St Lucie/Martin Counties, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Public Notices, was published on the publicly accessible websites of Indian River/St Lucie/Martin Counties, Florida, or in a newspaper by print in the issues of, on: 11/15/2024,11/22/2024,11/29/2024,12/06/2024 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally kknno/ n o me, on 12J06/2024 i • ' Legal Cl Notary, State of WI, County of Brown • s + My commission expires Publication Cost: $591.90 Tax Amount: $0.00 Payment Cost: $591.90 Order No: 10771435 # of Copies: Customer No: 1125303 1 PO #: THIS IS NOT AN INVOICE? Please do not use this form fir payment remittance. KAITLYN FELTY Notary Public State of Wisconsin NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESS- MENTS Indian River County, Florida (the "County") hereby provides notice, Pursuonl to seclion 197.3632(3)(0), Florida Statutes, of Its Intent to use the uniform method of collecting non-od valorem speclal as aismenls throughout the "'Incorporated and all Incorporated areas of the County, for services, facilities, and programs for street lighting mainte- nance and Improvements, roadway services and hell hies allowed by low, commencing for the Flxal Year beginning an October 1, 2025, and continuing until discontinued by the County. The County will consider the adop• fan of o resolution electing to use the uniform method of collecting such assessments outhorlted by section 197.3632, Florida statutes, at a public hearing to be hold at 9:00 a.m. on December 17, 2024, In the IndianRiver County Board of County Commission Chambers, 1801 271h Sireei, Vero Beach, Florida. All Interested persons are Invited to attend Such resolution will state the need for the levy and will contain o legal description of the boundaries suoiect to the Levy, are on me at the Office of Iha Clerk to the Board of County Commissioners, located at Building A of the Indian River County Administrative Complex, 1801 27th street, Vero Beach, Florida. This notice of intent to use the uniform method of collection In no Way obligates the County to Imple- ment any program of non -ad valorem special assessments. It simply Preserves this collection method. In the event any Person decides to appeal any decision by the County wlfn respect to any matter relating to the consideration of the resolution of the above -referenced Public hear - Ing, o record of the proceeding may be needed and In such an event, such person mor need to ensure that a verbatim record of the public hearing is mode, which record includes the testimony and evidence on which the appeal Is to be baud. In accordance with the Americans with Disabilities Act Persons need- ing a special accommodation or on Interpreter to participate In this Proceeding should contact the County's ADA Coordinator of (772) 226.1223, at least 48 hours prior to the date of the hearing. INDIAN RIVER COUNTY BOARD OF COUNTY COMM ISS ION E RS SUSAN ADAMS, CHAIRMAN Pub: Nov 15,22,29, Dec 6,2M4 TCN10771435 Page 1 of 1 RESOLUTION NO.: 2024- 0 7 6 EXHIBIT B LEGAL DESCRIPTION All properties lying within Indian County as more particularly described in Section 7.3 1, Florida Statutes: Beginning at the northwest corner of township thirty-one south, of range thirty- five east; thence east on the line dividing the townships thirty and thirty-one south, to the point where said line intersects the thread of the south fork of the St. Sebastian River; thence northerly down the thread of said stream to the main stream of the St. Sebastian River; thence down the thread of the St. Sebastian River to its confluence with the Indian River; thence east to the intersection with the southwesterly extension of the centerline of the approach channel to the Sebastian Inlet from the Indian River; thence northeasterly along said centerline and continue northeasterly and easterly along the centerline of the Sebastian Inlet to the Atlantic Ocean; thence southward along the Atlantic coast, including the waters of the Atlantic Ocean within the jurisdiction of the State of Florida to the intersection of said Atlantic coast and a line lying 45.22 feet south of, as measured at right angles to, the township line dividing townships thirty-three and thirty-four south; thence west, parallel with, and 45.22 feet south of said township line, to the west right-of-way line of State Road AIA; thence northwesterly along said right-of-way line to the intersection of said right-of-way line and the north line of Lot 25, plat of Kansas City Colony, as recorded in Plat Book 4, page 23, of the public records of St. Lucie County, Florida. Said north line of Lot 25 lying 150 feet north of, and parallel with, as measured at right angles to, the township line dividing townships thirty-three and thirty-four south; thence west along the north line of said Lot 25 to the easterly mean high water line of Round Island Creek; thence meandering southeasterly along said mean high water line to its intersection with the township line dividing townships thirty-three and thirty-four south; thence west on said township line to range line dividing ranges thirty-five and thirty-six east; thence north between ranges thirty-five and thirty- six east to the northeast corner of section one, township thirty-three south, range thirty-five east; thence west on township line dividing townships thirty-two and thirty-three south, range thirty- five east to the range line dividing ranges thirty-four and thirty-five east; thence north on said range line to the northwest corner of township thirty-one south, range thirty-five east, being the place of beginning.