HomeMy WebLinkAbout2026-042INDIAN RIVER COUNTY, FLORIDA
AMENDED INITIAL ASSESSMENT RESOLUTION
FOR RAIN TREE CORNER
CULVERT REPLACEMENT PROJECT
RESOLUTION NO. 2026- 042
ADOPTED June 16, 2026
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
SECTION 12.
SECTION 13.
SECTION 14.
SECTION 15.
SECTION 16.
SECTION 17.
SECTION 18.
SECTION 19.
SECTION 20.
APPENDIX A.
APPENDIX B.
APPENDIX C.
TABLE OF CONTENTS
Page
AUTHORITY................................................................................... 2
PURPOSE AND DEFINITIONS......................................................2
LEGISLATIVE DETERMINATIONS................................................5
DESCRIPTION OF PROPOSED MSBU.........................................8
ASSESSMENT ROLL.....................................................................8
PUBLICHEARING..........................................................................9
NOTICE BY PUBLICATION............................................................9
NOTICE BY MAIL...........................................................................9
ESTIMATED CAPITAL COST.........................................................9
IMPOSITION OF ASSESSMENTS ...............................................
10
ASSESSMENT UNITS..................................................................
10
PREPAYMENT AMOUNTS..........................................................
10
COMPUTATION OF ASSESSMENTS ..........................................
11
PREPAYMENT OPTION...............................................................
12
MANDATORY PREPAYMENT......................................................
13
REALLOCATION UPON FUTURE SUBDIVISION ........................
14
METHOD OF COLLECTION.........................................................
15
REPEALER AND CONFLICTS....... Error! Bookmark not defined.
SEVERABILITY.............................................................................
15
EFFECTIVEDATE........................................................................
15
FORM OF NOTICE TO BE PUBLISHED . .................................... A-1
FORM OF MAILED NOTICE........................................................B-1
DESCRIPTION OF TAX PARCELS LOCATED IN THE MSBU.. C-1
RESOLUTION NO. 2026- 042
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
RELATING TO THE CONSTRUCTION AND FUNDING OF
THE CULVERT REPLACEMENT PROJECT WITHIN THE
PROPOSED RAINTREE MUNICIPAL SERVICE BENEFIT
UNIT; ESTABLISHING THE TERMS AND CONDITIONS OF
PROPOSED SPECIAL ASSESSMENTS TO FUND THE
CULVERT REPLACEMENT PROJECT; ESTABLISHING
THE PROPOSED RAIN TREE CORNER SUBDIVISION
CULVERT REPLACEMENT PROJECT MUNICIPAL
SERVICE BENEFIT UNIT; PROVIDING LEGISLATIVE
FINDINGS, PURPOSE AND DEFINITIONS;
ESTABLISHING THE ESTIMATED CAPITAL COST;
DIRECTING THE PREPARATION OF THE ASSESSMENT
ROLL; ESTABLISHING A PUBLIC HEARING TO
CONSIDER IMPOSITION OF THE PROPOSED
ASSESSMENTS AND THE METHOD OF THEIR
COLLECTION; DIRECTING THE PROVISION OF NOTICE;
PROVIDING FOR THE CALCULATION OF PREPAYMENT
AMOUNTS AND SETTING FORTH PROVISIONS FOR
OPTIONAL AND MANDATORY PREPAYMENTS;
PROVIDING FOR REALLOCATION; AND PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the Board adopted Chapter 206 of the Indian River County Code of
Ordinances (the "Ordinance"), to provide a uniform method and established procedures
for the levying of special assessments for essential public services and facilities pursuant
to the County's home rule authority and the Uniform Assessment Collection Act; and
WHEREAS, the culvert located at the intersection of 12th Street and 54th Avenue
has structurally degraded threatening a loss of access to the Rain Tree Corner
Subdivision; and
WHEREAS, a majority of the property owners in the Rain Tree Corner Subdivision
have petitioned the Indian River Board of County Commissioners to replace the culvert
1
and to form a special assessment to repay the County the costs for the capital
improvement; and
WHEREAS, the Board desires to adopt a new special assessment for a culvert
replacement in the Rain Tree Corner Subdivision and adopt this Initial Assessment
Resolution to establish the Assessments as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions
of the Master Capital and Service Assessment, Chapter 206 of the Indian River County
Code of Ordinances (the "Ordinance"), Article VIII, Section 1, Florida Constitution, section
125.01, Florida Statutes, and other applicable provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS.
(A) This resolution constitutes the Initial Assessment Resolution as defined in
the Ordinance.
(B) Unless the context indicates otherwise, words imparting the singular
number, include the plural number, and vice versa; the terms "hereof," "hereby," "herein,"
"hereto," "hereunder" and similar terms refer to this resolution; and the term "hereafter"
means after, and the term "heretofore" means before, the effective date of this resolution.
Words of any gender include the correlative words of the other genders, unless the sense
indicates otherwise. Words imparting the singular number, include the plural number, and
vice versa.
(C) All capitalized words and terms not otherwise defined herein shall have the
meanings set forth in the Ordinance. As used in this Initial Assessment Resolution, the
2
following terms shall have the following meanings, unless the context hereof otherwise
requires:
"Adjusted Prepayment Amount" means the amount required to prepay the
Assessment for each Tax Parcel located in the MSBU, as computed pursuant to Section
12(B) hereof and revised annually pursuant to Section 13(E) hereof.
"Annual Capital Component" means the amount computed for each Tax Parcel
pursuant to Section 13(A) hereof.
"Assessment" means an annual Capital Assessment, as defined in the
Ordinance, imposed against property located within the MSBU to fund the Project Cost
of the Culvert Replacement Project to serve the MSBU and related expenses, computed
in the manner described in Section 13 hereof.
"Assessment Roll" means the non -ad valorem assessment roll relating to the
Project Cost of the Culvert Replacement Project to serve the MSBU and related
expenses.
"Capital Cost" means the Capital Cost, as defined in the Ordinance, and more
specifically defined as all or any portion of the expenses that are properly attributable to
the acquisition, design, construction, and installation (including demolition, environmental
mitigation and relocation) of the Culvert Replacement Project and imposition of the
Assessments under generally accepted accounting principles; and including
reimbursement to the County for any funds advanced for the Capital Cost and interest on
any interfund or intrafund loan for such purposes.
3
"Collection Cost" means the estimated cost to be incurred by the County during
any Fiscal Year in connection with the preparation of the Assessment Roll and collection
of Assessments.
"Collection Cost Component" means the amount computed for each Tax Parcel
pursuant to Section 13(B) hereof.
"County Interest Rate" means the rate of interest established by the County for
the advance funding of the Capital Cost of the Culvert Replacement Project, as set forth
in Section 3(G) hereof.
"Culvert Replacement Project" means a Local Improvement, as defined in the
Ordinance, and more specifically defined as the design, acquisition, construction, and
installation of a Stormwater Culvert Replacement for a total of 60 linear feet of 84 -inch
reinforced concrete pipe and other appurtenant facilities located at the intersection of 12th
Street and 54th Avenue at the entrance to the MSBU, including removal of vegetation,
asphalt pavement, and installation of rip -rap rubble slope protection to provide subdivision
access and stormwater management services to all Tax Parcels located in the MSBU.
"Initial Prepayment Amount" means the amount computed pursuant to Section
12(A) hereof for each Tax Parcel in the MSBU to prepay the Assessment in full.
"Platted Lot" means a platted lot within the MSBU as of the date of the Final
Assessment Resolution on which a Single -Family Residential Unit has been or can be
constructed or sited in accordance with applicable laws and regulations.
"Project Cost" means (A) the Capital Cost of the Culvert Replacement Project,
and (B) interest accruing on any internal loans to fund the Culvert Replacement Project,
(C) any other costs or expenses related thereto, including administration and notice costs.
2
"Single -Family Residential Unit" means a building consisting of one or more
rooms arranged, designed, used, or intended to be used as living quarters for one family
only.
"Statutory Discount Amount" means the amount computed for each Tax Parcel
pursuant to Section 13(C) hereof.
"Tax Parcel" means a parcel of property to which the Property Appraiser has
assigned a distinct ad valorem property tax identification number.
"Rain Tree Corner Subdivision Culvert Replacement Project Municipal
Service Benefit Unit" or "MSBU" means the Assessment Area as defined in the
Ordinance, as described in Section 4 hereof.
SECTION 3. LEGISLATIVE DETERMINATIONS. It is hereby ascertained,
determined and declared that the provision of the Culvert Replacement Project to be
funded by the Project Cost provides a special benefit to the Assessed Property based
upon the following legislative determinations:
(A) Upon the adoption of this Initial Assessment Resolution determining the
Capital Cost and Project Cost for the Culvert Replacement Project and identifying the
Assessed Property to be included in the Assessment Roll, the legislative determinations
in Section 206.03 of the Ordinance are hereby ratified and confirmed.
(B) The Board has enacted the Ordinance to provide for the creation of
Assessment Areas, including municipal service benefit units, and authorize the imposition
of Assessments to fund the construction of Local Improvements to serve the property
located therein.
5
(C) The Culvert Replacement Project constitutes a Local Improvement as
defined in the Ordinance, which permits proper stormwater drainage and management
for properties located in the MSBU and helps preserve and maintain proper ingress and
egress to all properties within the MSBU. The existing culverts located at the entrance to
the MSBU and handling stormwater drainage for all properties within the MSBU are
collapsing and in imminent need of replacement to ensure the drainage system within the
MSBU functions properly and the subdivision entrance remains accessible for property
owners, their invitees, and the provision of emergency services, mail delivery, and other
public services.
(D) The Board desires to create the MSBU for the purpose of providing the
Culvert Replacement Project to serve 16 Tax Parcels within the boundaries of the MSBU
and finds that the provision of the Culvert Replacement Project serves a public purpose.
(E) The provision of the Culvert Replacement Project will provide a special
benefit to the Tax Parcels located within the MSBU and will possess a logical relationship
to the use and enjoyment of property by: (1) ensuring the provision of ongoing and proper
drainage and stormwater management services and the availability and use of such
facilities and improvements by the owners and occupants of Assessed Property to
properly and safely detain, retain, convey, and treat stormwater discharged from such
properties; (2) stabilizing or increasing of property values due to the presence of a
comprehensive, properly functioning stormwater drainage system that safeguards and
preserves ingress and egress for all properties within the MSBU; (3) increased safety and
better access to property; (4) improved property appearance due to the presence of a
comprehensive, properly functioning stormwater drainage system within the MSBU; (5)
0
rendering property more adaptable to a current or reasonably foreseeable new and higher
use; (6) alleviation of the burdens caused by stormwater runoff and accumulation
attendant with the use of Assessed Property; and (7) the enhancement of environmentally
responsible use and enjoyment of property.
(F) All Tax Parcels within the MSBU are Platted Lots on which a Single -Family
Residential Unit has been or can be sited in accordance with existing policies and
procedures. Given that all such Single -Family Residential Units should generate a
comparable amount of stormwater runoff, it is fair and reasonable to use Platted Lots as
the Assessment Unit and to apportion the Project Cost equally upon all such Platted Lots,
regardless of minor variations in Platted Lot size and the value of the Platted Lots.
(G) Due to the relative small number of property owners in the MSBU compared
to the total Capital Cost and resulting Project Cost, the County has decided to reduce the
annual financial impact the Assessment will have on the real property owners in the
proposed MSBU providing a ten (10) year internal loan to the real property owners to
allow financing for their share of the Capital Cost. Based on current market conditions,
the County has decided that the maximum interest rate that will be charged is four point
three percent (4.3%) per year, based on its expectation with respect to the average
investment rate and the availability of funds over the term of the Assessment (10 years).
(H) The Board hereby finds and determines that the Assessments to fund the
Culvert Replacement Project provide an equitable method of funding construction of the
project by fairly and reasonably allocating the cost to specially benefitted property, based
upon the number of Platted Lots attributable to each Tax Parcel, in the manner hereinafter
described.
7
SECTION 4. DESCRIPTION OF PROPOSED MSBU.
(A) The proposed Rain Tree Corner Subdivision Culvert Replacement Project
Municipal Service Benefit Unit shall include the property included the Rain Tree Corner
Subdivision recorded in Plat Book 9, Page 88 of the Official Records of Indian River
County and set forth in Appendix C attached hereto and incorporated herein.
(B) The MSBU is proposed for the purpose of improving the use and enjoyment
of all properties located therein by the provision of the Culvert Replacement Project to
provide a comprehensive, properly functioning stormwater drainage system and the
preservation of safe and adequate ingress and egress for all properties within the MSBU.
SECTION 5. ASSESSMENT ROLL.
(A) The County Administrator is hereby directed to prepare a final estimate of
the Capital Cost and Project Cost of the Culvert Replacement Project and to prepare the
preliminary Assessment Roll for the Fiscal Year beginning October 1, 2026, in the manner
provided in Section 206.32 of the Ordinance.
(B) The County Administrator shall apportion the Capital Cost and Project Cost
of the Culvert Replacement Project among the parcels of real property within the MSBU
as reflected on the Tax Roll in conformity with Sections 11, 12, and 13 hereof.
(C) A copy of the Ordinance, this Initial Assessment Resolution, documentation
related to the estimated Capital Cost and Project Cost, and the preliminary Assessment
Roll shall be maintained on file in the office of the County Administrator and open to public
inspection. The foregoing shall not be construed to require that the Assessment Roll be
in printed form if the amount of the Assessment for each Tax Parcel can be determined
by use of a computer terminal available to the public.
SECTION 6. PUBLIC HEARING. There is hereby established a public hearing to
be held at 9:01 a.m. on August 4, 2026, in the Commission Chambers, Indian River
County Administration Complex, 1801 27th Street, Vero Beach, Florida, to consider (A)
creation of the MSBU, (B) imposition of the Assessments, and (C) collection of the
Assessments pursuant to the Uniform Assessment Collection Act.
SECTION 7. NOTICE BY PUBLICATION.
The County Administrator shall publish a notice of the public hearing authorized by
Section 6 hereof in the manner and the time provided in Section 206.33 of the Ordinance.
The notice shall be published no later than July 14, 2026, in substantially the form
attached hereto as Appendix A.
SECTION 8. NOTICE BY MAIL.
(A) The County Administrator shall provide first class mailed notice of the public
hearing authorized by Section 6 hereof by first class mail to the Owner of Each Tax Parcel
of Assessed Property in the manner and time provided in Section 206.34 of the
Ordinance. All first class mailed notices shall be mailed no later than July 14, 2026, in
substantially the form attached hereto as Appendix B.
(B) For Tax Parcels with exempt "home addresses" pursuant to Section
119.071(4), Florida Statutes, the County Administrator shall work with the Property
Appraiser and/or Tax Collector for provision of notice.
SECTION 9. ESTIMATED CAPITAL COST.
(A) The estimated Capital Cost for the Culvert Replacement Project is
$300,000.00.
1067
(B) The resulting Project Cost of the Culvert Replacement Project will be funded
through the imposition of Assessments against property located in the MSBU in the
manner set forth in Section 11, 12, and 13 hereof.
-X449[Qili DIN WgeMiA[*]il,[O7N_V"43:►04-il,t1&-J
(A) Unless prepaid, Assessments shall be imposed against all real property
located within the MSBU and collected over a period of ten (10) years. The first annual
Assessment will be included on the ad valorem tax bill mailed in November 2026.
(B) In accordance with Section 206.08 of the Ordinance, when imposed the
Assessment shall constitute a lien upon the Tax Parcels located in the MSBU, which lien
shall be equal in rank and dignity with the liens of all state, county, district, or municipal
taxes and special assessments. Except as otherwise provided by law, such lien shall be
superior in dignity to all other prior liens, mortgages, titles, and claims, until paid.
SECTION 11. ASSESSMENT UNITS. To reflect the relative amount of
special benefit to be derived from provision of the Culvert Replacement Project, all Tax
Parcels within the MSBU shall be assessed based on the number of Platted Lots included
within that Tax Parcel.
SECTION 12. PREPAYMENT AMOUNTS.
(A) Upon adoption of the Final Assessment Resolution, an Initial Prepayment
Amount for each Tax Parcel located within the MSBU shall be calculated as the sum of
(1) the amount computed by (a) dividing the number of Platted Lots attributable to such
Tax Parcel by the total number of Platted Lots attributable to all Tax Parcels within the
MSBU, and (b) multiplying the result by the estimated Capital Cost of the Culvert
Replacement Project.
10
(B) After the expiration of the time period established by the County in the Final
Assessment Resolution during which it will accept the Initial Prepayment Amount, an
Adjusted Prepayment Amount for each Tax Parcel shall be calculated as provided in
Section 13(E) hereof.
SECTION 13. COMPUTATION OF ASSESSMENTS. The annual
Assessment shall be computed for each Tax Parcel in the manner set forth in this Section
13.
(A) ANNUAL CAPITAL COMPONENT. The "Annual Capital Component" shall
be calculated for each Fiscal Year in which the Initial Prepayment Amount (or Adjusted
Prepayment Amount, if applicable) of the Tax Parcel is outstanding as the annual
installment of principal and interest due based on a debt service schedule prepared with
the Initial Prepayment Amount for such Tax Parcel as the beginning balance and utilizing
the County Interest Rate such that the principal and interest are payable in equal
installments over a 10 -year period.
(B) COLLECTION COST COMPONENT. The "Collection Cost Component'
shall be computed each Fiscal Year for each Tax Parcel by (1) dividing (a) the Initial or
Adjusted Prepayment Amount, as applicable, for such Tax Parcel by (b) the sum of the
aggregate Initial or Adjusted Prepayment Amount, as applicable, remaining in the MSBU,
and (2) multiplying the result by the Collection Cost.
(C)
STATUTORY DISCOUNT AMOUNT.
The "Statutory Discount Amount'
shall be computed for each Tax Parcel as the amount the County is allowed by law to
budget receipts, which shall also include the maximum discount for early payment of ad
valorem taxes and non -ad valorem assessments, such amount to be calculated by
11
deducting (1) the sum of (a) the Annual Capital Component and (b) the Collection Cost
Component, from (2) the amount computed by dividing (a) the sum of (i) the Annual
Capital Component and (ii) the Collection Cost Component, by (b) 0.95.
(D) ASSESSMENT. The annual Assessment for each Tax Parcel shall be
computed as the sum of (1) the Annual Capital Component, (2) the Collection Cost
Component and (3) the Statutory Discount Amount.
(E) REVISION OF ADJUSTED PREPAYMENT AMOUNT. Upon certification
of the Assessment Roll each Fiscal Year, the revised Adjusted Prepayment Amount for
each Tax Parcel shall be computed by deducting (1) the principal component of the
Annual Capital Component determined in Section 13(A) above and included on the
Assessment Roll for the Tax Parcel, from (2) the Adjusted Prepayment Amount, as initially
set pursuant to Section 12(B) hereof and thereafter revised pursuant to this Section 13(E)
(or for the initial Assessment Roll, the Initial Prepayment Amount), utilized to compute the
annual Assessment included on the Assessment Roll for such Tax Parcel.
SECTION 14. PREPAYMENT OPTION.
(A) If allowed by the Board in its sole discretion, the owner of each Tax Parcel
subject to the Assessments may be allowed to prepay all future unpaid annual
Assessments upon payment of an amount equal to the Initial or Adjusted Prepayment
Amount for such Tax Parcel, as applicable, and (2) interest on the Initial or Adjusted
Prepayment Amount, as applicable, computed at the County Interest Rate.
(B) During any period commencing on the date the annual Assessment Roll is
certified for collection pursuant to the Uniform Assessment Collection Act and ending on
the next date on which unpaid ad valorem taxes become delinquent, the County may
12
reduce the amount required to prepay the future unpaid annual Assessments for the Tax
Parcel by the amount of the Assessment that has been certified for collection with respect
to such Tax Parcel.
(C) The amount of all prepayments made pursuant to this Section 14 shall be
final. The County shall not be required to refund any portion of a prepayment if (1) the
Capital Cost or Project Cost of the Culvert Replacement Project is less than the amount
upon which such Adjusted Prepayment Amount was computed, (2) the Adjusted
Prepayment Amount is reduced upon issuance of the Permanent Original Obligations, or
(3) annual Assessments will not be imposed for the full number of years anticipated at the
time of such prepayment.
SECTION 15. MANDATORY PREPAYMENT.
(A) The owner of a Tax Parcel subject to the Assessment shall immediately
prepay all future unpaid annual Assessments for such Tax Parcel if (1) the Tax Parcel is
to be acquired or otherwise transferred to an entity for which Assessments cannot be
collected pursuant to the Uniform Assessment Collection Act through condemnation,
negotiated sale or otherwise, (2) the Tax Parcel is subject to annexation by a
governmental unit, or (3) a tax certificate has been issued and remains outstanding in
respect of the Tax Parcel and the County, at its sole option, elects to accelerate the
Assessment. In the case of (1) or (2) above, the owner of the Tax Parcel prior to
condemnation, sale or other transfer must notify the County at least 30 days prior to the
proposed acquisition or transfer date in order to allow the County sufficient time to
determine the final amount due. Failure to provide such notice shall cause an automatic
acceleration of such Assessment, the effective date of which is 10 days prior to the
13
proposed acquisition or transfer date.
(B) The amount required to prepay the future unpaid annual Assessments will
be equal to the sum of (1) the Initial or Adjusted Prepayment Amount for such Tax Parcel,
as applicable, and (2) interest on the Initial or Adjusted Prepayment Amount, as
applicable, from the most recent ad valorem tax bill, computed at the County Interest
Rate. .
(C) During any period commencing on the date the annual Assessment Roll is
certified for collection pursuant to the Uniform Assessment Collection Act and ending on
the next date on which unpaid ad valorem taxes become delinquent, the County may
reduce the amount required to prepay the future unpaid annual Assessments for the Tax
Parcel by the amount of the Assessment that has been certified for collection with respect
to such Tax Parcel.
(D) The amount of all prepayments made pursuant to this Section 15 shall be
final. The County shall not be required to refund any portion of a prepayment if (1) the
Capital Cost of the Culvert Replacement Project is less than the amount upon which such
Adjusted Prepayment Amount was computed, or (2) annual Assessments will not be
imposed for the full number of years anticipated at the time of such prepayment.
(E) Collection by the County of mandatory prepayments pursuant to this
Section 15 is supplemental and in addition to any other legally available remedy the
County may seek for repayment of the Assessments.
SECTION 16. REALLOCATION UPON FUTURE SUBDIVISION. If a Tax
Parcel includes more than one Platted Lot, the Assessment imposed against such Tax
Parcel may be reallocated among the Platted Lots upon (1) application of the owner and
14
(2) assignment of a distinct ad valorem property tax identification number to each Platted
Lot or any combination of Platted Lots by the Property Appraiser.
SECTION 17. METHOD OF COLLECTION. The Assessments shall be
collected pursuant to the Uniform Assessment Collection Act as provided in Section
206.45 of the Ordinance; provided however, that any Assessment against Government
Property shall be collected pursuant to Section 206.47 of the Ordinance.
SECTION 18. SEVERABILITY. If any clause, section or provision of this
Resolution shall be declared unconstitutional or invalid for any reason or cause, the
remaining portion of said Resolution shall be in full force and effect and be valid as if such
invalid portion thereof had not been incorporated herein.
SECTION 19. EFFECTIVE DATE. This Initial Assessment Resolution shall
take effect immediately upon its passage and adoption.
15
The resolution was moved for adoption by Commissioner
Joseph E. Flescher , and the motion was seconded by Commissioner
Deryl Loar , and, upon being put to a vote, the vote was as follows:
Chairman Deryl Loar AYE
Vice Chairman Laura Moss AYE
Commissioner Susan Adams AYE
Commissioner Joe Earman AYE
Commissioner Joseph E. Flescher AYE
The Chairman thereupon declared the resolution duly passed and adopted this 161h day
of June, 2026.
BOARD OF COUNTY COMO't9lb S,
INDIAN RIVER COUNTY,IDA
°
(SEAL)
By- �oQc
Deryl Loar, Chairm�y.
P'fR
BCC approved: June 16, 2026"
ATTEST: Ryan L. Butler, Clerk of the Circuit Court and Comptroller
By. � .
'09"ah,
Jerk
Approved as to form
and legal sufficiency:
By:
(6(12
Christ h r Hicks
Assijt.anf County Attorney
16
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
To Be Published by July 14, 2026
[INSERT MAP OF RAIN TREE CORNER SUBDIVISION]
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF SPECIAL ASSESSMENTS IN THE RAIN TREE CORNER
SUBDIVISION MUNICIPAL SERVICES BENEFIT UNIT
Notice is hereby given that the Board of County Commissioners of Indian River
County, Florida will conduct a public hearing to consider creation of the Rain Tree Corner
Subdivision Culvert Replacement Project Municipal Service Benefit Unit, as shown
above, and to impose non -ad valorem special assessments against residential properties
located therein to fund the cost of a Culvert replacement project within the proposed
MSBU.
The public hearing will be held at 9:01 a.m. on August 4, 2026, in the Commission
Chambers, Indian River County Administration Complex, 1801 27th Street, Vero Beach,
Florida, for the purpose of receiving public comment on the proposed assessments and
their collection on the ad valorem tax bill. All affected property owners have a right to
appear at the hearing and to file written objections with the Board within 20 days of this
notice. If a person decides to appeal any decision made by the Board with respect to any
matter considered at the hearing, such person will need a record of the proceedings and
may need to ensure that a verbatim record is made, including the testimony and evidence
upon which the appeal is to be made. In accordance with the Americans with Disabilities
Act, persons needing a special accommodation or an interpreter to participate in this
proceeding should contact the County at (772) 226-3491 at least two (2) business days
prior to the date of the hearing.
The assessments have been proposed to fund the design, acquisition,
construction, and installation of one Stormwater Culvert Replacement located at the
intersection of 12th Street and 54th Avenue at the entrance to the proposed MSBU. The
A-1
assessment for each parcel of property will be based upon the number of platted lots
attributable to such parcel. A more specific description is set forth in the Initial
Assessment Resolution (Resolution No. ). Copies of the Master Capital and
Service Assessment Ordinance (Chapter 206 of the Indian River County Code of
Ordinances), the Initial Assessment Resolution, and the Assessment Roll, showing the
amount of the assessment to be imposed against each parcel of property are available
for inspection at the County Administration Office, located at 1801 27th Street, Vero
Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
The proposed maximum annual assessment is $2927.93 per Platted Lot, and the
assessments are proposed to be collected in ten (10) annual installments, commencing
in 2026. The assessments will be collected on the ad valorem tax bill as authorized by
section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax
certificate to be issued against the property which may result in a loss of title. Unless
proper steps are initiated in a court of competent jurisdiction to secure relief within 20
days from the date of Board of County Commissioners' action at the above hearing
(including the method of apportionment, the rate of assessment and the imposition of
assessments), such action shall be the final adjudication of the issues presented.
If you have any questions, please contact Public Works at (772) 226-1283, Monday
through Friday between 8:00 a.m. and 5:00 p.m.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A-2
APPENDIX B
FORM OF NOTICE TO BE MAILED
APPENDIX B
FORM OF MAILED NOTICE
* * * * * NOTICE TO PROPERTY OWNER*****
Indian River County
1801 27th Street
Vero Beach, FL 32960
Owner Name
Address
City, State Zip
INDIAN RIVER COUNTY, FLORIDA
NOTICE OF HEARING TO IMPOSE AND PROVIDE
FOR COLLECTION OF CULVERT REPLACEMENT
PROJECT NON -AD VALOREM ASSESSMENTS
NOTICE DATE: July 14, 2026
Tax Parcel #
Legal Description:
As required by Section 197.3632, Florida Statutes, and the direction of the Board of
County Commissioners of Indian River County (the "Board"), notice is hereby given that
an annual assessment for the design, acquisition, construction, and installation of a
culvert replacement project may be imposed on your property within the Rain Tree Corner
Subdivision Municipal Services Benefit Unit (the "MSBU") and collected using the tax bill
collection method for the fiscal year beginning October 1, 2026 and future fiscal years.
The use of a special assessment to fund improvements benefiting property within an
MSBU is a fair, efficient and effective means of funding needed, local improvements.
The total annual assessment revenue to be collected within the MSBU for the fiscal
year commencing October 1, 2026 is estimated to be $46,846.88. The annual
assessment will include your fair share of the capital and administration costs related to
the culvert replacement project and amounts related to collection of assessments, and
statutory discounts.
The assessment for your property will be based on the number of platted lots
assigned to the Tax Parcel. A more specific description is set forth in the Initial
Assessment Resolution (Resolution No. ). Copies of the Master Capital and
Service Assessment Ordinance (Chapter 206 of the Indian River County Code of
Ordinances), the Initial Assessment Resolution, and the Assessment Roll, showing the
amount of the assessment to be imposed against each parcel of property are available
for inspection at the County Administration Office, located at 1801 27th Street, Vero
Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
Specific information relating to the assessment for the above Tax Parcel is included on
the last page of this notice.
A public hearing will be held at 9:01 a.m. on August 4, 2026, in the Commission
Chambers, Indian River County Administration Complex, 1801 27th Street, Vero Beach,
Florida, for the purpose of receiving public comment on the proposed assessments and
their collection on the ad valorem tax bill. All affected property owners have a right to
appear at the hearing and to file written objections with the Board within 20 days of this
notice. If a person decides to appeal any decision made by the Board with respect to any
matter considered at the hearing, such person will need a record of the proceedings and
may need to ensure that a verbatim record is made, including the testimony and evidence
upon which the appeal is to be made. In accordance with the Americans with Disabilities
Act, persons needing a special accommodation or an interpreter to participate in this
proceeding should contact the County at (772) 226-3491 at least two (2) business days
prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief
within 20 days from the date of Board's action at the above hearing (including the method
of apportionment, the rate of assessment and the imposition of assessments), such action
shall be the final adjudication of the issues presented.
Both the non -ad valorem special assessment amount shown on this notice and the
ad valorem taxes for the above parcel will be collected on the ad valorem tax bill as mailed
in November 2026. Failure to pay your assessments will cause a tax certificate to be
issued against the property which may result in a loss of title. The capital costs of the
Culvert replacement project will be financed through an internal loan. This will permit the
portion of the capital costs attributable to your property to be collected in 10 annual
installments, commencing in November 2026.
If there is a mistake on this notice, it will be corrected. If you have any questions
regarding your assessment, please contact the please contact Public Works at (772) 226-
1283, Monday through Friday between 8:00 a.m. and 5:00 p.m.
*****THIS IS NOTABILL**'t**
AIR
* * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * *
Rain Tree Corner Subdivision Municipal Services Benefit Unit
For the Culvert Replacement Project
[Property Owner Name]
Parcel Number [Insert Number]
Number of Platted Lots
Culvert Replacement Project Capital Assessment:
Initial Prepayment Amount
(excludes collection and other annual costs)
Number of Annual Payments
Maximum Annual Assessment
Expected date of first bill:
Total amount of annual payments:
16
$18,750
10
$2927.93
November 2026
$25,317.34
* * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * *
MN
APPENDIX C
DESCRIPTION OF TAX PARCELS LOCATED
IN THE MSBU
C-1
N
nac.n w �NItJIE_
'RAIN TREE CORNER SUBDIVISION
LEGAL DESCRIPTION
oarl1�NyFNYt N M NM UY N INN R, J,fXan 9. TwnfNH L JwIM. RoeF, M C•fl. l,Pb, RXw CaVery, fAersFH,
mwh.Arvr�w�INl�1. /w,l.t�� Camay lrMl wlM� ar wf CRrl Nwe Cbpit Carl ar J/lw•
rl.t � Iw^O w w/s.Fwl hWl..bwN
{ N I T S U B G I v I D C 0
R �
cERnFIGATc or AVPJrovAi N3 15 M AYSM
_ Y I3 12 II p R9
urf a nn,.•. '
i
S U A 0 1 v D E 0
[s XTIII[A� T[ V_ Mn,
.y
N•I• rwn: NI••r••II/IF. W CA.N. A J..Iw [NwrE Y•fM _ jf!
w.�y...l AN MNXIdwN•F ls.wruw'u iAFE twAal � .v.•.•wa •••I••••.•f
rfw, r IFN FM fNAIXb 6INW M wfMX w wwwwl w
XM•iF1l W
w�M d MN WJ W I,.YMww�w wpyry wwn w w MdMw,
M w •s•IIF M fAritwM Nwwelw •wX wnN
AHwN wWlw d ww MVM M/p rAW W.N FaF.I wNN,b M
OXwry. N dAnw NMM MAII tiHtiw NMyw/wf/NIIIJ ♦ b
1wnr�b4t�Ml �,ANd OP4N/L .IWA
STATE OF nAI "
OOURT v AWMII Alm
IAYJb HXN/) W w IW Ary, Mb..., w,M•► AvyfffwfA.J N w
Mw IIb)I•II wwww,w) dwwd N bll xw.NaJr.wl,prwM)
��II�rII�A al.rl A A.fr «[New 6 Duw, Xwf •w.• NM
ANr1W V«W AIIII!I//wp.N
Avw..�w«rNsr«N.,..r aM.NN ✓.l«..•N ww
d rr. AIA
NllrJ Mh
wo..Ir. etiFN« a- an ,9ez
_TRU CUMFICAT"
r.4w.fLL Ml�n •I •�r4r,ww Mo.r,rlNN.
JDINOER AMO CONSENT TO DEDICATION
iAlw..EIIIFA..bwlwN wr •.r eH w4AYrd•.rr�Fr.. •r rfr
fN•MIb/wM.ryw W w.wwr..y�•I ti.� Nw1I«/r1wIW N w
.«dN. wN•M..N.)F ••...,«. wr✓w.wwf.w.l.:
- .rN.r.w'wF, w.Na «/I+.,M nw. w..,•. d,
••III. • � F.MY, W.vY+.. -...._
ma nnlwA
CCY.4TTM FNIIAN RIY[A
N Nawry v.�Fvf N)s, slows «.
•NN•.M .oew.l.�.�ly.ol•ll: :�.f we.a
Mr.HX�fMTAs+r A Alws••I.w frN•r N Cmn,H.••w rtiAM.
•d.•wM/M A,aIwMwN�_M)YM NwvsaN..�p�iev�n�
MNMN[N wdNwmwN+wNµfNNwl� Aq Nnwvso.
w •Mfr I!INrW.Inlr, ..,w.b fTI,N X•w w •„l,
LAY[TOR'• CEATIFIGAT[
_5, C. �yl��r• COURT
[ RTIFwN��ww•w� w�vww'� r •w�. rr.
�ICA �.Or �. ..
rr.sMNw.flR.wf f RA.pO1YI AXD AJIOCIATFJ, WC
im
0
v
m
U)
0
NT
V
0
z
Z0n
m
cl)T D
•'E'E
W N
C n
m
,r,
V^^
I
r
0
D
m
v
M—I
L