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HomeMy WebLinkAboutMunicipal Service Assessment ProgramVillages of Sebastian Highlands s 2055 S. E. US #1 VERO BEACH, FL 32962 (305)569-4300 May 29, 1986 The Honorable L. Gene Harris Mayor of Sebastian City of Sebastian P. 0. Box 127 Sebastian, Florida 32958 Dear Mayor Harris: GEORGE R. KULCZYCKI DIRECTOR OF COMMUNITY OPERATIONS RECEIVED Ju" 1 1986 I have enclosed for your information and review a copy of a recently established "Municipal Service Assesment and Benefit District" in Port St. Lucie. This special assesment district was created in part to help off -set the costs to the city to maintain roads and drainage. It may be a vehicle you could create in Sebastian to help with the maintenance problems. Since General Development Corporation worked closely with the City of Port St. Lucie to create this assesment district I would be more than happy to have someone meet with you and Tom Palmer to discuss and explain its function. If you feel you are interested or have any questions, please give me a call. Sincerely, 1 orge . Ku ycki Director of Cofnmunity Operations GRK/sr Encl. A General Development Community A City Investing Company ` ORDINANCE NO. 85-61 AN ORDINANCE AMENDING ORDINANCE 79-41, AS AMENDED, CREATING A MUNICIPAL SERVICE ASSESSMENT AND BENEFIT DISTRICT TO BE KNOWN AS "MIDPORT ST. LUCIE SPECIAL ASSESSMENT DISTRICT #1;" DEFINING THE TERRITORY INCLUDED WITHIN THE DISTRICT; PROVIDING FOR THE PREPARATION AND ADOPTION OF A BUDGET; PROVIDING THE LEVYING AND COLLECTION OF SPECIAL ASSESSMENTS; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Port St. Lucie, Florida. - THAT ORDINANCE 79-41, AS AMENDED, IS HEREBY AMENDED TO READ AS FOLLOWS: Section 1. That there is hereby created, pursuant to the authority of Chapters 165, 166 and 170, Florida Statutes, and Article IX, Section 9.02 of the City of Port St. Lucie Charter, a municipal service assessment and benefit district within portions of the incorporated area of the City as hereinafter defined for the purpose of providing for streets, alleys, sidewalks, street lighting, greenbelts and drainage, and drainage structures attendant thereto, and the maintenance thereof (subsequent to dedication to and acceptance by the City of initial construction work by the developer), from revenues collected by special assessments within such district only. The special assessments within such district shall be apart from and in addition to existing municipal and county taxes. Nothing contained in this ordinance shall preclude property owners subject to the special assessment and benefit district herein provided from obtaining the full range of the general services and benefits provided routinely by the City to all other property owners within the incorporated areas of the City. Section 2. The name of the district to serve and especially benefit the area hereinafter described shall be MIDPORT ST. LUCIE SPECIAL ASSESSMENT DISTRICT #1. Section 3. The district shall include a portion of the incorporated area of the City of Port St. Lucie, Florida, more particularly described in Exhibit "1" attached hereto and special assessments shall be levied to provide revenues to cover administrative costs, legal expenses and capital expenditures necessary to maintain, operate and repair those portions specifically described herein. Section 4. The City Council of the City of Port St. Lucie shall be the governing Board of the District. Section 5. The purpose of the district is to provide for the maintenance, operation, and repair of drainage structures to include grassed greenways, permanent waterbodies, swales and culverts, curbs and gutters, wet marsh areas and natural areas which form a part of a comprehensive drainage plan for the district, and passive or active recreational opportunities for the residents of the district and to provide for the planning, establishment, acquisition, construction, reconstruction, improvement, enlargement or extrusion, repair, operation and maintenance of streets, alleys and sidewalks, street lighting, greenbelts, drainage and drainage structures attendant thereto located within the district and to assure at all time such construction, reconstruction, improvement, enlargement or extension, repair, operation, and maintenance of streets, alleys and sidewalks, street lighting, greenbelts, drainage and drainage structures attendant thereto located within the district and to assure at all time such construction, reconstruction, repair, enlargement or extension, operation and maintenance is in compliance and in accordance with the permitting and other requirements imposed under local, State and Federal law. Section 6 The district shall have all powers authorized by law necessary, convenient or proper to the accomplishment of its purpose. By way of addition thereto and not by way of limitation of the generality of the foregoing, the district shall have the following enumerated powers: %i (1) To sue and be sued, implead and be impleaded, complain and defend in all courts in its own name. (2) To acquire for the purposes of the district by grant, purchase, gift, devise, exchange or in any manner, all -2- property real or personal, or any estate or interest therein upon such' terms and conditions as the governing body shall by resolution fix and determine and to own all such property in its own name. (3) To make and execute contractual arrangements or other instruments necessary or convenient to the exercise of its powers with any person, firm or corporation for the construction, improvement, repair or maintenance of streets, alleys, sidewalks, street lighting and greenbelts Oithin the district and the drainage and drainage structures attendant thereto, or for any other matter proper for the effectuation of the purposes of the district. (4) To enter into interlocal agreements authorized by the provisions of Sections 163.01, Florida Statutes, for the purposes therein expressed. (5). To adopt and use a. seal and alter the name. (6) To borrow money and issue general obligation bonds, assessment bonds or any other obligations or indebtedness in such manner and subject to such limitations as may be provided by law. (7j.. To employ and fix the compensation of such personnel as may be required for the purposes of the district, including: without limitation, professional, supervisory or clerical. MI To levy special assessments against the property within the district initially and thereafter annually as hereinafter provided. (9) Tocharge, collect and enforce the collection of special assessments by foreclosure or other means authorized by law. (IQ). To enter into contracts to provide for the billing and collection.of assessments, the placing and recording of liens and the employment of attorneys to enforce collection by foreclosure of liens and to provide such other legal or administrative services as the district may require. (11) To contract or expand the boundaries of the territory to be affected by and subject to the special -3- assessments of the district as the governing body shall by resolution fix and determine. (12) To merge with other districts pursuant to Florida Statutes 165.04(4). (13) To adopt by-laws, rules and resolutions concerning the powers, duties and functions of officers of the district, the conduct of business of the district, and the maintenance of records. (14) To establish a budget initially and thereafter on a yearly basis, as hereinafter provided. (15) To provide for and establish an office for the maintenance of the District. Section 7. The City Manager, acting on behalf of the City Council as governing body of the district, shall ex -officio be the chief executive officer of the district. He shall keep separate records of all expenses incurred on behalf of the district and charge all such expenses to the district. He may employ and pay the wages of such personnel as he may deem necessary, discipline and discharge such personnel in the same manner and subject to the same procedures by which city employees are employed, compensated, disciplined and discharged. The City Treasurer of the'City of Port St. Lucie shall ex -officio be the Secretary and the chief financial officer of the district. The City Treasurer shall receive and expend all funds of -the district in the same manner and subject to the same procedures as are applied to the receipt and expenditures of City funds. The Treasurer shall keep separate records of all expenses incurred on behalf of the district and charge all such expenses to the District. ..Section 8 Developer shall submit to the City the initial construction work shown on the plats approved by the City for approval and acceptance by the City not later than May 1 of each year _for inclusion in the following years budget and maintenance program of the district. Said approval shall be granted by majority vote of the City Council after determination that the initial construction work submitted has been constructed -4- in accordance with the ordinances of the City. Alternatively, if determined to be in the best interests of the District, the City may require the Developer to submit, for approval and acceptance, portions of the drainage system as they are constructed and completed. All portions submitted by the Developer shall be determined by the City Engineer to have been constructed in accordance with the designed drainage plan and upon a determination by the City Engineer.' The Developer shall maintain all portions of the drainage system not submitted to the City for acceptance and approval in a manner which will insure the proper drainage of the area encompassed by the District. The District shall maintain all portions of the drainage system accepted and approved by the City in a manner which will insure the proper drainage for areas within the District still under Developer's control. If the District shall find that the area encompassed by the District still under Developer's control is causing malfunctioning of the drainage within the area accepted by the City,, it shall notify the Developer of said malfunction, in writing, specifying the malfunction to be corrected. The Developer shall have forty-five (45)'days within which to correct the cause of the malfunction, if said cause is within its area of responsibility and control, or shall show cause why said correction cannot be made within that time frame. The City shall, thereafter, have the option to correct the cause of the malfunction at the Developerts expense. If the cause of the malfunction is determined to be within the District's area of responsibility and, control the District shall have forty-five (45) days to correct the cause of the malfunction or show cause why correct_ion.�,cannot be made within that time period. The Developerr thereafter, shall have the option to correct the malfunction :at -the City's expense. If the Developer or the District shall fail to pay sums due for the correction of the cause of the malfunction and litigation to enforce collection ensues, the prevailing party as a result of said litigation shall -5- recover court costs and attorneys fees including those on appeal. The Developer shall protect and save the City and the District harmless from any and all damage and loss arising from, out of, or by reason of the construction, operation or maintenance of the drainage structures within the District dedicated to the public but not yet accepted by the City or District. ' Each lot, tract or parcel benefited by the initial construction work submitted by the developer and approved and accepted by the City, shall then become subject to special assessment and shall immediately be placed upon the assessment roll. The effective date for the City to assume responsibility for maintenance of the initial construction work so approved and accepted shall be the subsequent October 1 of each year. Section 9. Commencing July 1, of the year in which the City accepts the initial construction work, the City Manager, as manager of the•'district, shall present the City Council a comprehensive plan for the maintenance of the drainage structures which will include grassed greenways, permanent waterbodies, swales and culverts, curbs and gutters, wet marsh areas, and natural areas which form a part of the initial comprehensive drainage plan for the district.-* In addition, the plan may provide for the repair, maintenance and improvement of streets, alleys, sidewalks, street lighting, greenbelts and attendant drainage and drainage structures within the district. The plan shall indicate work to be performed,.the anticipated date of such performance and the estimated cost of such performance. In compiling such a plan, the City Manager shall consider the ability of the district to finance streets, alleys, sidewalks, greenbelts and drainage structures, the level of improvements adjoining such property, the desirability of financing improvements and maintenance by the levy of special assessments, and the benefit to all and each resident and parcel of property within the district. Upon receipt of such plan the City Council upon due consideration may alter or modify it as it deems advisable and shall then proceed to adopt the plan as presented or as modified or altered. The City Council may, from time to time, amend the adopted plan upon its own motion or upon the recommendation of the City Manager to reflect changes or conditions regarding the original consideration or any other change 'or condition. The plan, as amended, shall govern the performance of work within the district and shall be the prime factor in budgetary considerations. Plans and specifications with estimated costs of proposed work shall be filed with the city clerk and open for inspection. - Section 10. On or before August 1 and on or before August 1 of each year thereafter, the City Manager shall submit to the City Council a tentative budget for the district which shall include the costs of repair, maintenance and improvement, legal fees necessary for the collection and enforcement of special assessments, and the administrative cost incurred in assessing charges for collecting said special assessments. The tentative budget ,shall be considered and adopted by the City Council im the same manner as provided by law from time to time for the consideration and adoption of the City budget. Section 11. The City Council shall provide by resolution for the maintenance of drainage structures to include grassed greenways, permanent water'bodies, swales and culverts, curbs and gutters, wet marsh areas and natural areas which form a part of a comprehensive drainage plan for the district and in addition,,,provide ,benefit for passive and active recreational i. opportunities: for residents in the district. The City Council may also provide -,for the construction, reconstruction, repair, paving, repaving,. hard surfacing, and re -hard surfacing of streets. curbs, sidewalks, street lighting, gutters, greenbelts and drainage structures within the district and for the maintenance thereof, and provide for the method of assessment and payment of all or part of the cost of any such improvement and/or maintenance by levying and collecting special assessments from abutting, adjoining, contiguous or other specially benefited property in proportion to the benefit to be derived from the work for which provision is made herein. Each lot, tract, parcel or -7- unit within the district shall be deemed to be specially benefited by the maintenance of the drainage structyures which form a part of the comprehensive drainage plan and provide .passive and active recreational opportunities for the residents and by the maintenance of the drainage system and the streets and roads -within the district. The City Council may provide for an initial special assessment as well as a continuing special assessment to be made on a yearly basis. The City Council shall cause the resolution to be published one time in a newspaper of general circulation published in the City of Port St. Lucie. (a) At the time and place set forth in the notice, the City Council shall meet as an equalizing board to hear and consider any and all complaints as to special assessments and shall adjust and equalize them if deemed necessary or advisable. (b) After said hearing, if the City Council deems the improvement necessary and advisable or the maintenance required, and once said special assessments have been equalized, if necessary, it shall. adopt a resolution authorizing said improvement and/or maintenance to be made and designating the total cost of said improvement which is to be levied and collected by special assessment against the specially benefited property. (c) After said maintenance, repair or improvements have been approved and the total cost thereof ascertained, the City, Council shall proceed by resolution to levy special assessments against the abutting, adjoining, contiguous or other specially benefited property in proportion to the benefits to be derived. from the improvement, repair or maintenance. The total amount . specially assessed against the specially benefited property shall not exceed the cost designated to be assessed in the resolution provided in subsection "c" hereof and in no event will total amount of special assessments exceed such special benefit. Said special assessment shall be due and payable and shall draw interest from such date as the City Council shall provide in said resolution. All special assessments shall be due and payable as the City Council shall provide by resolution and shall be legal, valid and binding first liens upon the property until paid. The interest rate shall not exceed statutory rate per annum, from the date of said resolution and may by the resolution aforesaid, be made payable in not more than ten (10) equal yearly installments, to which, if not paid when due, there shall be added a penalty at the statutory rate per month, until paid; provided that said assessments may be paid without interest at any time within thirty (30) days after the City Council has passed a resolution providing for special assessments. (d) The method of assessment shall be on a per unit basis for maintenance of the drainage structures, including grassed greenways, permanent waterbodies, swales and culverts, curbs and gutters, wet marsh areas and natural areas which form a part of a comprehensive drainage plan for the district on a per unit basis for the maintenance of sidewalks, streets and alleys, or any other equitable basis for each unit to be assessed, served and specially benefited. Each lot, tract, parcel or unit within the district shall be deemed to be specially benefited by those drainage structures which form a part of the comprehensive drainage plan and the maintenance of the drainage system and the streets and roads within the district. No exemption from assessment shall be authorized, including but not limited to, homesteadsr schools or educational, benevolent, fraternal, scientificinstitutions, religious, non-profit or charitable organizations. All. municipal facilities shall be specifically exempted from assessment. (e) The special assessments levied by the City Council shall be due and payable upon the date specified in the resoltition. upon 'the failure of any property owner to pay any annual installment due or any part thereof or any annual interest upon a defered payment, the City Council shall cause to be brought the necessary legal proceedings to enforce payment thereof with all accrued interest and penalties, together with all legal costs incurred, including a reasonable attorney fee, to be assessed as part of the costs and in the event of default in the payment of any installment of an assessment with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. Said special assessments shall remain liens, co -equal with the liens of allstate, county, district and municipal taxes, superior in dignity to all other liens, titles and claims until paid. The assessing unit (U) as used herein shall be determined as follows: (i) Each platted single family lot; each platted zero lot line lot and each platted cluster single family lot shall be deeded as one (1) assessing unit. (ii) Each multi -family dwelling unit and each townhouse dwelling unit shall be deemed as one (1) assessing unit. (iii) Each non-residential development shall be assessed at the rate of one (1) assessing unit for each one-third (1/3) of each acre or part thereof within the development parcel. J iv) Each non-residential development where single family residential. lots have been converted into 'non-residential" uses shall be assessed at the rate of one (1) assessing -unit for each platted lot. (v) Each undeveloped tract or acreage parcel shall be assessed at the rate of one (1) assessing unit for each one third (1/3) of an acre or part thereof within each tract or parcel. (vik When two (2) abutting single family lots have been combined and developed as a single homesite, the combined lots shall be assessed as a single unit. (f) Definitions of the .following development types shall be defined as follows:. (i). Dwelling, Single -Family: A building containing only one (1) dwelling unit and occupied or intended to be occupied exclusively by one family. The term shall include modular housing but shall not be construed as including a mobile home, travel trailer, housing mounted on a self-propelled or t drawn vehicle, tent, or other form of temporary or portable housing. (ii) Dwelling, Single -Family (zero lot line or cluster): A single-family dwelling designed and located as part -10 of an approved planned complex where all dwellings are placed at or 'near a lot line or are otherwise arranged in clustered groups so as to create compensating open space for the use and enjoyment of residents. (iii) Dwelling, Multiple Family: A building containing two (2). or more dwelling units. (iv) Dwelling,' Townhouse: A narrow, single-family dwelling unit which normally occupies the entire width of its lot, having its open yard space to the front and rear, and which is attached on one or both sides to a similar unit or units, all of which are located on individually platted lots as part of a subdivided group development. (v) Dwelling Unit: A room or connected rooms which constitute a separate, independent housekeeping establishment for a family, for owner occupancy or rental or lease, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping facilities and one kitchen. Evf) Non -Residential Development: All development except for single family, zero lot line or cluster single family, multiple family, or townhouse residential development. Includes all commercial, industrial and 'institutional uses such as schools, churches,, daycare centers, clubs and lodges. Section 12. Bonds may be.issued in an amount not exceeding the amount of liens assessed for the cost of improvements to be paid by special assessment. The City Council may, by resolution or ordinance. authorize the issuanceof bonds to be designated Improvement Bonds Series No. in an amount not in excess of the aggregate amount of said liens levied for such improvements. Said bonds shall be payable from a special and separate fund to be known as the Improvement Funds Series No. and for no other purpose. Said bond series ;i shall not exceed the amount of liens assessed and shall mature not later than two (2) years after the maturity of said liens (the date established by City Resolution for payment of the last installment of said liens). Said bonds shall not be a charge on or payable out of the assessments, installments, interest and penalties. Section 13 If any clause, section or provision of this ordinance shall be declared by a court of competent jurisdiction to be invalid, the same shall be eliminated from this ordinance and the' remaining portion of this ordinance shall be in full force and effect and, be as valid as if such invalid portion thereof had not been incorporated therein. Section 14. This ordinance shall become effective ten (10) days after its final adoption. PASSED AND DULY ADOPTED in regular session by the City Council of the City of Port St. Lucie, Florida, this 25th day of JUNE , 19 85 V ATTEST:- CITY TTEST• City Clerk CITY COUNCIL CITY OF PORT ST. LUCIE, FLORIDA - 'a.. '1� �-- 7 �7 BY : ltl� Mayor I herebv certify this to be a true and orr ct 7 o Ordinance 85-61. Sandra C. Krause, City Clerk APPROVED Assist �S TO FORM: (F) City ttorney r �" MIDPORT ST. LUCIE ASSESSMENT DISTRICT NO. 1 DESCRIPTION: A portion of Section 35, Township 36 South, Range 40 East; A portion of Sections 1, 2 and 12, Township 37 South, Range 40 East; A portion of Sections 29, 30, 31 and 32, Township 36 South, Range 41 East; A portion of Sections 4, 6 and 7, Township 37 South, Range 41 East; Section 36, Township 36 South, Range 40 East; Section 8,'Township 37 South, Range 41 East; more particularly de- scribed as follows: That part of SECTION 35, TOWNSHIP 36 SOUTH, RANGE 40 EAST lying east of U.S. Highway No. 1 (S.R. #5); and the remaining portion of Blocks 1 and 2, Section 35, ST. LUCIE GARDENS, as recorded in Plat Book 1, Pages 35 and 36, lying north of the plat of South Port St. Lucie Unit Sixteen, as recorded in Piat Book 16, Page 43. SECTION 36, TOWNSHIP 36 SOUTH, RANGE 40 EAST All of SECTION lF TOWNSHIP 37 SOUTH, RANGE 40 EAST lying east of U.S. Highway No. 1 (S.R. 5), and that portion of Lot 15, Block 3, of the plat of ST. LUCIE GARDENS, as recorded in Plat Book 1 at Pages 35 and 36, as follows: Start at the east line of and 300 feet south of the northeast corner of Lot 15, Block 3, ST. LUCIE GARDENS SUBDIVI- SION, in Section 1, Township 37 South /, Range 40 East, St. Lucie County, thence travel westerly on a line that is parallel to the north line of said Lot 15 for a distance of 297.47 feet, plus or minus, to the easterly right-of-way line of U.S. #1; thence travel southerly along said easterly right-of-way for a distance of 190 feet to a point; thence travel easterly 207 feet plus or minus to a point located on the easterly line of said Lot 15, and 190 feet south of the P.O.B.; thence run in a northerly directions of said Lot to the P.O.B., all being in Lot 15, Block 3, Plat No. 1, ST. LUCIE GARDENS SUBDIVISION, recorded in Plat Book 1, Page 35. LESS Lots 1, 3, 4, 13, 14, and 16, Block 1; Lots 15 and 16, Block 3; Lots 1,2,3,4, north one half of 13 and 14; 15 and 16, Block 4, of the -plat of ST. LUCIE GARDENS, as recorded in Plat Book 1 at Pages 35 and 36. U.S. SECTION 2, TOWNSHIP 37 SOUTH, RANGE 40'EAST, Highway No. 1 (S.R. #5). lying east of SECTION 12, TOWNSHIP 37 SOUTH, RANGE 40 EAST, lying east of U.S. Highway No. 1 (S.R. #5); LESS Lots 1, 2, 31 14, 15 and the south one half of 12 and 13, Block 1; Lots 1, 2, 3, 4 and 15, Block 4, of the plat of ST_ LUCIE GARDENS as recorded in Plat Book 1 at Pages 35 and 36. r SECTION 299 TOWNSHIP 36 SOUTH, RANGE 41 EAST, the south one half west of the Indian River LESS all of -Lot 1, that part of Lot 2 east of the Florida East CoastRailway right-of-way, and the part of Lot 8 that is not within the City of Port St. Lucie, of the plat of HEERMAN'S SUBDIVISION, as recorded in Plat Book 1, at Page 203. The SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 36 SOUTH, RANGE 41 EAST, LESS that particular parcel of land transferred to the Trust for Public Lands as recorded in Official Records Book 284 at Pages 366-371, and the lands of the State of Florida. SECTION 31, TOWNSHIP 36 SOUTH, RANGE 41 EAST LESS Lots A, B, C, D, 3, 4, 5, 6, 7, 11, 12, 13, and 14, Block 4, of the plat of ST. LUCIE GARDENS as recorded in Plat Book 1, at Pages 35 and 36; and LESS that particular parcel of land transferred to the Trust for Public Lands as recorded�'in 0. R. Book 284, at Pages 366-371, and the lands of the State of Florida. SECTION 32, TOWNSHIP 36 SOUTH, RANGE 41 EAST LESS the lands not within the City of Port St. Lucie; The lands of the Trust for Pub- lic Lands and the lands of the State of Florida. SECTION 51 TOWNSHIP 37 SOUTH, RANGE 41 EAST LESS the lands not within the City of Port St. Lucie; The lands of the Trust for Pub- lic Lands and the lands of the State of Florida. MIDPQRT #1 - Continued/ SECTION 6, TOWNSHIP 37 SOUTH, RANGE 41 EAST, LESS Lots 7 and 8, Block 3, of the plat of ST. LUCIE GARDENS, as recorded in Plat Book 1, Pages 35 and 36. SECTION 7, TOWNSHIP 37 SOUTH, RANGE 41 EAST, LESS the lands not within the City of Port St. Lucie; Lots 1, 3, 4, 5, 6, 7, 8, 9, and 10, Block 3, of the plat of ST. LUCIE GARDENS as recorded in Plat Book -- 3, Pages 35 and 36. SECTION 8, TOWNSHIP 37 SOUTH, RANGE 41 EAST, all lying within the incorporated limits of the City of Port St. Lucie, St. Lucie County, Florida. ALL OF THE ABOVE RECORDED DOCUMENTS ARE RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 6. 0