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Home My WebLink AboutResolution_47-03/04_06/10/2004~. a .~ t RESOLUTION NO. 47-03/04 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MARTIN COUNTY RELATING TO THE CONSTRUCTION OF WATER DISTRIBUTION FACILITIES IN THE TROPIC VISTA MUNICIPAL SERVICE BENEFIT UNIT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA AS FOLLOWS: Section 1: The Interlocal Agreement with Martin County relating to the construction of water distribution facilities in the Tropic Vista Municipal Service Benefit is hereby approved, in the form of which agreement is attached to this Resolution and incorporated. THE FOREGOING RESOLUTION WAS OFFERED by Council Member -- who moved its adoption. The motion was seconded by Council Member r~~; .~. ,-~ ~~ ,and upon being put to a vote, the vote was as follows: ~, FOR ADOPTION AGAINST ADOPTION u G~f~ ~,~..z:~~.J The Mayor thereupon declared the Resolution duly passed and adopted this 10'a' day of June, 2004. MAYOR OF TErQUESTA Pat Watkins ATTEST: `~~ Mary Mil , s, Village Clerk DOUG SMITH Commissioner, District 1 SUSAN L. VALLIERE Commissioner, District 2 LEE WEBERMAN Commissioner, District 3 SARAH HEARD Commissioner. District 4 MICHAEL DITERLIZZI Commissioner, District 5 RUSS BLACKBURN County Administrator ~TEPHEN FRY ounty Attorney TELEPHONE 772-288-5400 TIN t ; OUNTY BOARD OF COUNTY CONIMISSIONERS 2401 S.E. MONTEREY ROAD • STUART, FL 34996 UTILITIES & SOLID WASTE DEPARTMENT John E. Polley P.O. Box 9000 • Stuart, FL 34995-9000 Director Phone (772)221-1442 Fax (772)221-1447 September 20, 2004 Betty Laur Acting Village Clerk Village of Tequesta 250 Tequesta Drive Suite 300 Tequesta, Florida 33469-0273 Re: Tropic Vista Dear Ms. Laur: usa041.137 Enclosed is the executed and recorded copy of the Tropic Vista Initial & Final Assessment Resolution including the Interlocal Agreement. Thank you. Sincerely, Maxine Manhardt Administrative Assistant /mm Enclosures WEB ADDRESS http://www. marti n.fl. us ~ !' t 1.. F ~ • a f L e This instrument was prepared by or under the supervision of (and after recording should be returned to): ~ George H. Nickerson, Jr., Esq. Nabors, Giblin & Nickerson, P.A. 2502 Rocky Point Drive, Suite 1060 Tamna Flnrirla 12~n7 I~N~N~M~~~N~N~N>NINN I M~TR #k 17771133 u~ ~h ~i~3;~s ~~ ~i~~ RE~GDRC>EU uH/216/2r0U4 D3:~Z:5'9 PM MARSHA EMIIIG GL.fikH GF 11AkTI l1 GC~IATY F1,okI DA kEG[1RUED 8Y G B1ur~key reserved for Clerk INTERLOCAL AGREEMENT RELATING TO THE CONSTRUCTION OF WATER DISTRIBUTION FACILITIES IN THE TROPIC VISTA MUNICIPAL SERVICE BENEFIT UNIT By and Between Martin County, Florida and Village of Tequesta, Florida Dated as of July 1, 2004 • TABLE OF CONTENTS Page SECTION 1. AUTHORITY FOR INTERLOCAL AGREEMENT ........................ 6 SECTION 2. DEFINITIONS .........:......................................................................... 6 SECTION 3. INTERPRETATION ...........................:.............. 9 SECTION 4 .............................. CAPITAL COST . .. . .......................... .................................................... 9 SECTION 5. ASSESSMENTS .............................................................................. 10 SECTION 6. VILLAGE OBLIGATIONS ............................................................ 10 SECTION 7. DESIGN AND CONSTRUCTION ................................................. 11 SECTION 8. POTABLE WATER SERVICE ......................................:................ 12 SECTION 9. COLLECTION AND PAYMENT .................................................. 12 SECTION 10. INITIAL ASSESSMENT RESOLUTION ...................................... 13 SECTION 11. TERM OF INTERLOCAL AGREEMENT .................................... 13 SECTION 13. FILING ............................................................................................. 14 SECTION 14. LIMITED LIABILITY ............................................ 14 SECTION 15. ........................ DISPUTE RESOLUTION ........................................... 14 SECTION 16. .................... AMENDMENTS ............................................................................. 15 SECTION 17. PROFESSIONAL FEES AND COSTS ........................................... 16 SECTION 18. ASSIGNMENT ................................................................................ 16 SECTION 19. NON-WAIVER ................................................................................ 16 SECTION 20. NOTICES ......................................................................................... 17 SECTION 21. EXECUTION IN COUNTERPARTS ............................................. 17 SECTION 22. SEVERABILITY .................................................... 17 SECTION 23. ......................... ENTIRE AGREEMENT ............................................. 18 SECTION 24. ..................... BINDING EFFECT .............................................. 18 SECTION 25 ........................... APPLICABLE LAW . SECTION 26 ....................................................................... EFFECTIVE DATE 18 . .............................................:........................... 18 V .os ~_ N 1~ (~i rn F7 N INTERLOCAL AGREEMENT RELATING TO THE CONSTRUCTION OF WATER DISTRIBUTION FACILITIES IN THE TROPIC VISTA MUNICIPAL SERVICE BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into as of July 1, 2004, by and between Martin County, Florida and the Village of Tequesta, Florida (collectively, the "Parties "). WITNESSETH: WHEREAS, the private wells currently serving the property in the proposed • Tropic Vista MSBU have generally reached the end of their useful service life and productivity; and WHEREAS, the County is unable to provide potable water service to property in the proposed Tropic Vista MSBU since such property is outside of the immediate service area of the County's existing water distribution facilities; and WHEREAS, the lack of potable water service is a health issue and the County wants to protect the health, safety and welfare of its residents; and WHEREAS, the property in the proposed Tropic Vista MSBU is adjacent to a ~, • geographic area already served by water distribution facilities owned by the Village; and ~ ~, 2 ~, a !~ r.; in r-.t rn ,4 WHEREAS, the Village has available the current and future capacity necessary to provide potable water service to the region where the proposed Tropic Vista MSBU is located; and WHEREAS, the Parties recognize that it would be most efficient for the Village • to provide potable water service to the proposed Tropic Vista MSBU which adjoins the Village's service area and the Village is willing to invest in the construction and ownership of the necessary Water Distribution Facilities to serve this area given the County's commitment to (1) collect special assessments and deliver such special assessments to the Village for repayment of a portion of the Capital Costs related to the Water Distribution Facilities, and (2) grant the exclusive right to the Village to serve the Tropic Vista MSBU for at least 30 years, commensurate with the service life of the Water Distribution Facilities; and WHEREAS, while not legally necessary to impose the special assessments, a • majority of the property owners owning property within the proposed Tropic Vista MSBU have voted in favor of the Village providing potable water service at a duly called and noticed vote and after public hearing and discussion; and ~ ~1 WHEREAS, Part I of Chapter 163, Florida Statutes (the "Act"), permits the +~ N Village and the County, as public agencies under the Act, to enter into interlocal '-' rn agreements with each other to jointly exercise any power, privilege or authority which ~; ~~~ 3 '~ • they share in common and which each might exercise separately, permitting the Village and the County to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual benefit and thereby provide services and facilities in a manner and pursuant to forms of government organization that will best serve geographic, economic, population and other factors- influencing the needs and development of the Village and the County; and WHEREAS, this Interlocal Agreement is intended to (1) facilitate the installation • by the Village of Water Distribution Facilities to serve the Tropic Vista MSBU; (2) set forth the County's commitment to impose the special assessments to fund a portion of the costs of the Water Distribution Facilities, including Capital Connection Charges; and (3) extend to the Village the exclusive right to provide potable water service to the residents of the proposed Tropic Vista MSBU- who desire such service; and WHEREAS, the Village by entering into this Interlocal Agreement is agreeing to construct the Water Distribution Facilities to enable the Village to provide potable water service to property within the proposed Tropic Vista MSBU; and WHEREAS, the County by entering into this Interlocal Agreement is agreeing to collect special assessments and forward the proceeds of such special assessments to the Village for repayment of a portion of the costs related to construction of the Water Distribution Facilities; and 4 r-t N ~~ i~7 rA ~i- t~7 ~~ • WHEREAS, the County intends to impose the special assessments pursuant to the procedures set forth in its Ordinance No. 96-493, as amended; and WHEREAS, the proposed Initial Assessment Resolution of the County, which contains the methodology and description of the special assessments, is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the Village intends to finance the casts related to construction of the Water Distribution Facilities, including related Capital Connection Charges and repay a portion of the loan from the proceeds of the special assessments imposed by the County; • and WHEREAS, the parties desire to set forth their respective responsibilities with respect to construction of the Water Distribution Facilities and the collection, payment and delivery of the special assessments; and NOW THEREFORE, in consideration ' of the mutual promises, covenants, obligations, duties and benefits herein set forth, and other valuable consideration, the receipt and sufficiency of which are hereby conclusively acknowledged, the parties hereto agree as follows: 5 ~d n ~~ r,x ~~ ,~ r~ t. i F+ • SECTION 1. AUTHORITY FOR INTERLOCAL AGREEMENT. This Interlocal Agreement is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. DEFINITIONS. Any capital used terms used herein but not otherwise defined below shall have the same meaning as set forth in the Initial Assessment Resolution. The following definitions shall govern the interpretation of this Interlocal Agreement: "Act" means Part I of Chapter 163, Florida Statutes, as amended. • "Assessment Roll" means the assessment roll prepared in accordance with the Initial Assessment Resolution. "Assessments" means an annual special assessment imposed against property located within the proposed Tropic Vista MSBU to fund the cost of the Water Distribution Facilities to serve property in the Tropic Vista MSBU, and related expenses, as described in the Initial Assessment Resolution. n "Capital Cost" means all or any portion of the expenses that are properly attributable to the acquisition, design, construction, and installation (including ,~ N demolition, environmental mitigation and relocation) of the Water Distribution Facilities, rrt Capital Connection Charges, including but not limited to, impact fees, inspection fees, ~~ 6 ~ J ~ • meter installation charges, tapping fees and other similar fees and charges, if any, and imposition of the Assessments under generally accepted accounting principles; and including reimbursement to the Village and the County for any funds advanced for Capital Cost or the implementation of the Assessments and interest on any interfund or intrafund loan for such purposes. "Capital Connection Charges" means the capital connection charges and all charges, surcharges and fees authorized by Chapter 74 of the Village of Tequesta Code, as amended, including charges as to capacity reservation, system improvement, maintenance and expansion, and impact fees. CJ "County" means Martin County, a political subdivision of the State of Florida. "ERC" means "equivalent residential connection," the standard unit to be used in calculating the Assessments, as further defined in the Initial Assessment Resolution. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be determined by mutual agreement of the County and the Village. "Initial Assessment Resolution" means the proposed Initial Assessment ,~ Resolution relating to the Assessments to be adopted by the County pursuant to the rn • procedures set forth in the Ordinance, attached hereto as Exhibit A. "" G? ~:~ 7 .,n n • "Initial Prepayment Amount" means the amount computed pursuant to the Initial Assessment Resolution for each Tax Parcel located in the proposed Tropic Vista MSBU to prepay the Assessment prior to issuance of the Village Obligations. "Interlocal Agreement" means this Interlocal Agreement Relating to the Construction of Water Distribution Facilities in the Tropic Vista Municipal Service Benefit Unit, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "Ordinance" means County Ordinance No. 96-493, as amended. r: "Tropic Vista MSBU" means the proposed Tropic Vista Municipal Service Benefit Unit described in the Initial Assessment Resolution. "Village" means the Village of Tequesta, a municipal corporation of the State of Florida. "Village Obligations" means the notes, bonds or other evidence of indebtedness • issued by the Village to finance the Capital Cost of the Water Distribution Facilities. n "Village System" means the facilities owned and/or operated by the Village, ~ _~ including but not limited, to potable water supply, treatment, storage, transmission and n distribution facilities, currently and in the future, used to provide potable water service to~~~', rq the water service area and other areas served by the Village system. ~, ~? t~ g N iq "Water Distribution Facilities" means the facilities required by the Village to provide potable water service to all property located in the proposed Tropic Vista MSBU, including, but not limited to, all pertinent facilities and allocable costs related to transmission, distribution, supply and treatment of potable water for the property located in the Tropic Vista MSBU. SECTION 3. INTERPRETATION. Words importing the singular r: number shall include the plural in each case and vice versa, and words importing persons shall include firms and corporations. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Agreement; the term "heretofore" shall mean before the effective date of this Agreement; and the term "hereafter" shall mean after the effective date of this Agreement. This Agreement shall not be construed more strongly against any party regardless that such party, or its counsel, drafted this Agreement. SECTION 4. CAPITAL COST. The estimated Capital Cost for the Water • Distribution Facilities is $838,166.00, as shown on Exhibit B which is attached hereto C and incorporated herein. The County intends to impose Assessments, as set forth in the ~s Initial Assessment Resolution, with an Initial Prepayment Amount of $5,974.00 per ERC ~' n w against property located within the Tropic Vista MSBU to fund a portion of the Capital ~,~ r,~ .n Cost. The parties estimate that 108 ERCs will be assigned to property located within the ~, ~? t-:~ 9 ~` .n X11 • Tropic Vista MSBU, which would result in an aggregate Initial Prepayment Amount of $645,192.00 to be assessed by the County. The balance of the Capital Cost (estimated at $192,974.00) will be funded by the Village. SECTION 5. ASSESSMENTS. The County shall provide published and mailed notice and hold a public hearing as required by the Ordinance to obtain public input on the proposed Assessments. For purposes of providing the required notices, the proposed Assessments shall be calculated under the following assumptions: (A) the Initial Prepayment Amount shall be $5,974.00 per ERC, (B) the annual interest rate shall be 5.5°Io (which is the estimated true interest cost on the Village Obligations, inclusive of • all financing costs), and (C) the term of the Assessments shall be twenty (20) years commencing with the mailing of the November 2004 ad valorem tax bill and ending with the mailing of the November 2023 ad valorem tax bill. Upon imposition of the Assessments, the County will record the final assessment resolution in the Official Records Book in the office of the Martin County Clerk of Courts to provide notice to property owners of future annual Assessment installments. n SECTION 6. VILLAGE OBLIGATIONS. Following imposition of the ~' Assessments by the County, the Village shall use its best efforts to issue the Village N Obligations, bearing interest at fixed rates consistent with the prevailing market, in a in principal amount sufficient to fund the Capital Cost of the Water Distribution Facilities ~, t-:~ N 10 ~n r,7 • plus any costs of issuance related thereto. To provide an opportunity for prepayment without interest, the Village Obligations shall not be issued prior to September 14, 2004. If the Village Obligations are secured by the payments to be made by the County pursuant to Section 9 hereof, the Village Obligations shall be subject to redemption, without premium, from Assessment proceeds to accommodate prepayment of the Assessments. Other than the obligation to make payments pursuant to Section 9 hereof, the County shall have no liability for any payments related to the Village Obligations. SECTION 7. DESIGN AND CONSTRUCTION. The Village agrees to design, construct and own the Water Distribution Facilities and shall obtain all necessary approvals from any and all governmental agencies re uisite to the construction of such q Water Distribution Facilities. The Water Distribution Facilities shall be constructed by the Village to expand the current Village System in accordance with sound engineering practices and in compliance with all state and local laws, ordinances and regulations applicable thereto. Neither the County nor the Village shall unreasonably withhold issuance of a permit required by the Village for any Water Distribution Facilities to be constructed within rights-of-way or utility easements owned or controlled by either of them and each shall promptly process each permit or license application. The Village ~ shall use its best efforts to meet the estimated completion date of the Water Distribution '~ ~~ Facilities of February 1, 2005. ~~ • ~ G? 11 ~~ rq -P • SECTION 8. POTABLE WATER SERVICE. Once the Water Distribution Facilities are completed, the Village shall provide potable water service to all property located within the proposed Tropic Vista MSBU. Such service shall be provided at rates and charges in accordance with Village ordinances, as amended, and resolutions. The owners of property located within the Tropic Vista MSBU will be responsible for the payment of any required deposits and any costs related to construction of water lines on the customer's side of the meter. SECTION 9. COLLECTION AND PAYMENT. The County will prepare and certify an annual Assessment Roll, in accordance with the terms of this • Interlocal Agreement and the Ordinance, to the Martin County Tax Collector on compatible electronic medium for each Fiscal Year, as required by Section 197.3632, Florida Statutes, and will collect any initial, additional or mandatory prepayment of the Assessments pursuant to the Initial Assessment Resolution. All proceeds of the assessments received by the Martin County Utilities and Solid Waste Department from the Martin County Tax Collector shall be paid to the Village. Amounts paid to the Village pursuant to this Section 9 shall be applied by the Village to payment of the costs and ~ expenses related to the Water Distribution Facilities or repayment of the Village '~ Obligations. Should the County incur any Collection Costs (as defined in the Initial ~~, ~.~ r,;, Assessment Resolution) for which it has not been reimbursed, the County shall send a ±n • separate bill to the Village for such amount. In the event the County has not received G? Fi 12 n rn r ' r • payment for any separate bill within 60 days of presentment, the County reserves the right to deduct such Collection Costs from the proceeds of the Assessments paid to the Village. SECTION 10. INITIAL ASSESSMENT RESOLUTION. The County and the Village hereby approve the Initial Assessment Resolution substantially in the form attached hereto as Exhibit A. All of the provisions of the Initial Assessment Resolution, when adopted, shall be deemed to be a part of this Interlocal Agreement as fully and to the same extent as if incorporated verbatim herein. • SECTION 11. TERM OF INTERLOCAL AGREEMENT. This Interlocal Agreement shall terminate upon the final remittance of Assessments from the County to the Village and the Village's right to service shall be governed by Section 12 below. SECTION 12. RIGHT TO SERVICE. The Village shall have the continuing exclusive right to provide and charge for the potable water services described herein, for not less than 30 years beginning with the completion date of the Water ~ Distribution Facilities, commensurate with the useful service life of the Water ~ V -~! Distribution Facilities. +~ ~:. :~ r,ti .n t1 • ~ tL~ 13 fi • SECTION 13. FILING. A copy of this Interlocal Agreement shall be filed for record with the Clerk of the Circuit Court in and for Martin County, Florida and Palm Beach County, Florida. SECTION 14.. LIMITED LIABILITY. Neither the County nor the Village, or any agent, officer, official or employee of the County or the Village shall be liable for any action taken pursuant to this Interlocal Agreement in good faith or for any omission, except gross negligence, or for any act of omission or commission by the other party hereto and its agents, officers, officials or employees. SECTION 15. DISPUTE RESOLUTION. (A) The parties agree to resolve any dispute related to the interpretation or performance of this Interlocal Agreement in the manner described in this Section 14. Any party may initiate the dispute resolution process by providing written notice to the other party. (B) After transmittal and receipt of a notice specifying the area or areas of disagreement, the parties agree to meet at reasonable times and places, as mutually ~, agreed upon, to discuss the issues. n (C) If discussions between the parties fail to resolve the dispute within 60 days r ~ rn • of the notice described in subsection (A) above, the parties shall appoint a mutually '~ n F:~ 14 ~' rn .~ • acceptable neutral third party to act as a mediator. If the parties are unable to agree upon a mediator, the County will request appointment of a mediator by the Chief Judge of the Circuit Court of the Nineteenth Judicial Circuit in and for the County. The mediation contemplated by this subsection (C) is intended to be an informal and non-adversarial process with the objective of helping the parties reach a mutually acceptable and voluntary agreement. The decision-making shall rest solely with the parties. The mediator shall assist the parties in identifying issues, fostering joint problem-solving, and exploring settlement alternatives. (D) If the parties are unable to reach a mediated settlement within 120 days of • the mediator's appointment, any party may terminate the settlement discussions b Y written notice to the other party. In such event, any party may initiate litigation within 120 days of the notice terminating the settlement discussions. Failure by the party initiating the dispute resolution procedure to commence litigation within the 120 day period shall be deemed to constitute an acceptance of the interpretation or performance of the other party. n (E) Each party shall pay the fees, charges and expenses of its own counsel and ~' witnesses. x n SECTION 16. AMENDMENTS. This Interlocal Agreement may be rn amended in writing at any time by the concurrence of the County and the Village and ~ t-: 15 ~ ~ • subsequent ratification by each party's respective governing body. However, this Interlocal Agreement may not be amended so as to (A) permit the diversion or application of any of the Assessments for any purposes other than those specified herein, (B) adversely affect the tax-exempt status, if applicable, of interest on the Village Obligations, or (C) materially, adversely affect the security for any Village Obligations. SECTION 17. PROFESSIONAL FEES AND COSTS. Professional fees and expenses incurred in connection with the preparation of this Agreement and imposition of the Assessments have been included in the Capital Cost of the Water Distribution Facilities. Immediately upon issuance of the Village Obligations, amounts paid by the County for such purposes shall be reimbursed from proceeds of the Village Obligations. SECTION 18. ASSIGNMENT. This Interlocal Agreement may not be assigned, in whole or in part, by any party at any time without the prior written consent of the other party hereto, which consent may be given or withheld in such other party's sole discretion. r T SECTION 19. NON-WAIVER. The failure of either party to insist upon ~ ~, the other party's compliance with its obligations .under this Interlocal Agreement in any n N !~ one or more instances shall not operate to release such other party from its duties to '-' in comply with such obligations in all other instances. ~ ~ F:t 16 ~,~ F r ~ i ~ ~ , • SECTION 20. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given on the date such notice is delivered by courier or facsimile transmission or three days after the date mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: County: Martin County Utilities and Solid Waste Department P.O. Box 9000 Stuart, Florida 34995-9000 ATTENTION: Director, Utilities and Solid Waste Department Phone: (772) 223-7942 Facsimile: (772) 221-1447 Village: Village of Tequesta 250 Tequesta Drive, Suite 300 • P.O. Box 3273 Tequesta, Florida 33469-0273 ATTENTION: Village Manager Phone: (772) 575-6200 Facsimile: (772) 575-6203 SECTION 21. EXECUTION IN COUNTERPARTS. This Interlocal Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 22. SEVERABILITY. In the event that any provision of this Interlocal Agreement shall, for any reason, be determined invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the other provisions of `' r~i this Interlocal Agreement shall remain in full force and effect. ' ° • ~+ 17 ~' rn n ` ~ Y • SECTION 23. ENTIRE AGREEMENT. This Interlocal Agreement and the exhibit attached hereto constitute the entire agreement between the parties pertaining to the Water Distribution Facilities, the Assessments and the subject matter hereof and may not be modified orally or otherwise except by written amendments executed by each party hereto. SECTION 24. BINDING EFFECT. The obligations and covenants of this Interlocal Agreement shall bind and benefit the successors, personal representatives, heirs and permitted assigns of the parties hereto. • SECTION 25. APPLICABLE LAW. This Interlocal Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SECTION 26. EFFECTIVE DATE. This Interlocal Agreement shall become effective on the later of (A) the dated date hereof, or (B) the date the last party hereto executes this Interlocal Agreement and the filing requirements of Section 11 hereof are satisfied. [Signature pages follow] • 18 ' n 4 n ~~ r~ti r_n ~~ rr, IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of the County by its Chairman, its seal affixed hereto, as attested by its Clerk as all of the 13thday of July, 2004. (SEAL) . ATTEST: - • Marsha E mg, Clerk APPROVED AS TO FORM AND CO By: Ste en ry, o ty A orney STATE OF FLORIDA COUNTY OF MARTIN BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA By: ou mith, Chairman The foregoing instrument was acknowledged before me this !3~ day of July, 2004, by HOC! G ~ rf~ ,Chairman of the Board of County Commissioners of Martin County, Florida, who is personally known to me/has produced as identification. (SEAL) ;q~~ ;pY¢~. JANICE K. WEBS *. •;.: MY COMMISSION ~ DD 086524 ~•. `~= EXPIRES: April 22, 2006 ',t~Rf ~py?p`~ Bonded Thru Notary Publk Underxriters ted/TypedName: ~An11G~ X. Ul~~ otary Public-State of Florida Commission Number: D D 0 $' ~O ~z ~ 19 .~ ~ ,. • IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of the Village by its _Mayor ,its seal affixed hereto, as attested by its Clerk all as of the 1st day of July, 2004. (SEAL) VILLAGE OF TEQUESTA, FLORIDA ATTEST: B ~~ ~~ ;~~~ c ~ y. Mary Mile ,Clerk APPROVED AS TO FORM AND CORREC SS By: S ott G. Hawkins, Village Attorney STATE OF FLORIDA COUNTY OF PALM BEACH By: ~ ~ 0 IZ. The fore oing instrument was acknowledged before 2004, by _ i~a-I~ ~>n~.-~~s ,the _ IYl~~yo~ Florida, who is ers ~ me/has produced identification. =-- • as ~2~-~- . PrintedlTyped Name: .~ ~u ss o Notary Public-State of Florida Commission Number: 20 me this ~+~ day of July, of the Village of Tequesta, ~.,. .v. • EXHIBIT A FORM OF INITIAL ASSESSMENT RESOLUTION r1 LJ • v n ,. ~~ iyi rrt F! N ,- _ ~~ ~ • EXHIBIT B ESTIMATED CAPITAL COSTS • • DESCRIPTION Construction Contingency Engineering Professional Fees Capital Connection Charges B-1 COST $431,092 32,000 36,000 35,000 304,074 $838.166 r_ -s r ~~ y r~ ~~ N rr, in ~ ~[:~.'I'~: 1 sue`; i~d'~ ~~ - ~A~~G{ ~~Tl1~ F~EC'.C~F:~~~I~ ~Y ~ ~wr~~~~ RESOLUTION N0.04-s . ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, RELATING TO THE CONSTRUCTION OF WATER DISTIBUTION FACILITIES BY THE VILLAGE OF TEQUESTA AND FUNDING A PORTION OF THE COSTS ATTRIBUTABLE TO SUCH FACILITIES BY IMPOSING SPECIAL ASSESSMENTS AGAINST PROPERTIES RECEIVING A SPECIAL BENEFIT; CREATING THE TROPIC VISTA MUNICIPAL SERVICE BENEFIT UNIT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING ANT EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the "Board") of Martin County, • Florida, enacted Ordinance No. 96-493 on A ril 9, 1996 the "Ordinance" to rovide for the p ( ), p creation of municipal service benefit units and authorize the imposition of special assessments to fund the construction of local improvements to serve the property located therein; and WHEREAS, on July 13, 2004, the Board adopted Resolution No. 04-7.6, the Initial Assessment Resolution, proposing creation of the Tropic Vista Municipal Service Benefit Unit and describing the method of assessing a portion of the cost of Water Distribution Facilities against the real property that will be specially benefited thereby, and directing preparation of the tentative Assessment Roll and provision of the notices required by the Ordinance; and • r~ ~~ WHEREAS, pursuant to the provisions of the Ordinance, the County is required to confirm or repeal the Initial Assessment Resolution, with such amendments as the Board deems appropriate, after hearing comments and receiving objections of all interested parties; and WHEREAS, the Assessment Roll has heretofore been filed with the office of the County Administrator, as required by the Ordinance; and WHEREAS, as required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively; and WHEREAS, a public hPa_ring was held. on A~aoast 10, 2.004 and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 125, Florida Statutes, and other applicable provisions of law. r~ SECTION 2. DEFINITIONS. This Resolution is the Final Assessment '~~~., Resolution as defined in the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. 2 ~, ~ i`S iii ..~ ;~~ t 4~ :n i yj • SECTION 3. CREATION OF MSBU. The Tropic Vista Municipal Service • Benefit Unit is hereby created to include the following property: (A) Lots 2.1 and 2.2 of Block 2; Lots 4.0 and 4:1 of Block 4; Lots 6.0 and 6.1 of Block 6; Lots 8.0 and 8.1 of Block 8; Lots 10.0 and 10.1 of Block 10; Lots 12.0 and 12.1 of Block 12; Lots 14.0 and 14.1 of Block 14; and Lots 16.0 and 16.1 of Block 16 all within the plat of Jupiter Acres as recorded in Plat Book 3, Page 52, public records of Martin County, Florida; and (B) Lots 25, 26, 27 and Lots 29 through 37 (inclusive) of Block 8; Lots 4 through 19 (inclusive) of Block 1; Lots 12 through 22 (inclusive) of Block 2; Lots 9 through 27 (inclusive) of Block 3; Lots 4 through 27 (inclusive) of Block 4; and Lots 4 through 14 (inclusive) of Block 5, all within the plat of Tropic Vista as recorded in Plat Book 3, Page 69, public records of Martin County, Florida. The MSBU is created for the purpose of improving the use and enjoyment of property located therein by funding the construction of Water Distribution Facilities to provide access to a regional potable water supply system and associated service. SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution is hereby ratified and confirmed. SECTION 5. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, a copy of which is attached hereto as Appendix D, is hereby approved. SECTION 6. ASSESSMENTS. (A) The Tax Parcels described in the Assessment Roll are hereby found to be specially benefited by construction of the Water Distribution Facilities in the amount of the 3 ~+'ro [i 4~ ~,; ~w r;y ~., i~ a"~Y maximum annual Assessment set forth in the Assessment Roll. The methodology for computing annual Assessments described in the Initial Assessment Resolution is hereby approved. Annual Assessments computed in the manner described in the Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described in the Assessment Roll at a maximum annual rate of $519.28 per ERC for a period of 20 years, commencing in November 2004. The resulting Initial Prepayment Amount is $5,974.00 per ERC. (B) Upon adoption of the Annual Assessment Resolution for each Fiscal Year: (1) The Assessments shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and • other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in digni±y to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the Board of the Annual Assessment Resolution and shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. (2) As to any Tax Parcel that is acquired by a public entity through condemnation, negotiated sale or otherwise prior to adoption of the next Annual Assessment Resolution, the Adjusted Prepayment Amount shall constitute a lien b` y against assessed property equal in rank and dignity with the liens of all state, county, , , ,~ district or municipal taxes and other non-ad valorem assessments. Except as otherwise -~;,; provided by law, such lien shall be superior in dignity to all other liens, titles and `~~ ~; ~ claims, until paid. The lien shall be deemed perfected upon adoption by the Board of ~~' .,n 4 ~~ the Annual Assessment Resolution and shall attach to the property included on the Assessment Roll upon adoption of the Annual Assessment Resolution. SECTION 7. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the County Administrator shall cause the certification and delivery of the Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 8. EFFECT OF FINAL ASSESSMENT RESOLUTION. The • adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the method by which the Assessments will be computed, the Assessment Rol1_, the maximum annual Assessment, the levy and lien of the Assessments and the terms for prepayment of the Assessments) unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board action on this Final Assessment Resolution. SECTION 9. ASSESSMENT NOTICE. The County Administrator is hereby directed to record this Resolution as notice of the Assessments in the Official Records Book in the office of the Martin County Clerk of Courts. The preliminary Assessment Roll and each annual Assessment Roll shall be retained by the County Administrator and shall be available for public inspection. F~J ~~ !~,1 i~,, t ~. SECTION 10. PREPAYMENT NOTICE. The County Administrator is hereby r'~ directed to provide notice by first class mail to the owner of each Tax Parcel described in the 5 t-~ ~~ ~ti~ Assessment Roll of the opportunity to prepay all future annual Assessments, without financing cost. The notice, in substantially the form attached as Appendix C, shall be mailed to each property owner at the address utilized for the notice provided pursuant to Section 2.05 of the Initial Assessment Resolution. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 10th day of August, 2004. BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA By: Doug mith, Chairman ATTEST: By: ~~ Marsha ing, Clerk APPROVED AS TO FORM AND ~ CORRECTNESS 1' ~,[1 By: ;~; Stephen Fry, County Attorney • Pv I !; 6 • APPENDIX A PROOF OF PUBLICATION • • iml o-•S ~5 ? ~'1 (~1 i~ t. i P,I~ F ~+ SCRIPPS TREASURE C®AST ~ ~ NEWSPAPERS ~ ~ The Stuart News The Port St. Lucie News 1939 S. Federal Highway, Stuart, FL 34994 sc~upQSZ3ow~xn AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF MARTIN; 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 Stuart News and the Port St. Lucie News, a daily newspaper published at Stuart in Martin County, Florida: that the attached copy of advertisement was publshed in the Stuart/Port St. Lucie News in the following issues below. Affront further says that the said StuarVPort St. Lucie News is a newspaper published in Stuart in said Martin County, Florida, with offices and paid circulation in Martin County and St. Lucie County, Florida, and that said newspapers have heretofore been continuously published in said Martin County, Florida, daily and distributed in Martin and 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 corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Stuart News has been entered as Periodical Matter at the Post Offices in Stuart, Martin County, Florida and Ft. 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. Ad Customer Number Pub Date Copvline PO # M.C. BOARD OF COMMISSI 697531 • 7/1812004 AUGUST 10 HEARING 11583 Subscribed and sworn to me before this date: July 19, 2004 ~s. ~°'' ~ tary Publ' ! :`~~~. 'r~,~r~ Puy tqf )=~ttrti. .~ ~t+rsirni~s?~~l~~l ~.~ 13L11~~f3A4 `~"°f,~,`u„~•° E~rd~ dy:thYSr :~~1 ~cs~ry~n NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS Notice is hereby given that the Board of County Commissioners of Martin County, Florida, will conduct a public hearing to consider creation of the Tropic Vista Municipal Service Benefit Unit, as shown above, and to impose special assess- ments against certain parcels of property located therein. The hearing will be held at 9:00 A.M., ci as soon thereafter as the matter can be heard, on August 10th, 2004 in -the County Cornmissiar Chambers of the Martin County Administratior Building at 2401. S.E. Monterey Road, Stuart Florida for the purpose of receiving public com• ment on the proppsad MSBU and assessments, In accordance with the Americans Disabilities Act Persons needing a special accommodation or ar interpreter to participate in this proceedinc should contact the Office of the County Adminis• trator at 1772) 221.2360, or in writing to 2401 S.E Monterey Road, Stuart, Florida 34998, no later than Auguat 3rd, 2004. If you are hearing of voice impaired, please call 1-800-288-5940. AI affected property- owners have a right to appea at the hearing and to file written objections witl the Board of County'Commissionera within 2t days of this notice..lf aperson wishes to appea any decision made by the Board of County Com• missioners with respect to any matter considerec at the hearing, such ,person will need a record o the proceedings and-may need to ensure that r verbatim record is made, including the testimom and evidence upon which the appeal is to bE made. The Assessments have been proposed to funs construction of. water distribution .facilities. Thy assessment for each parcel of property will bi based- upon the number of equivalent residentia connections attributable to such parcel, A more specific description is set forth in the Initial As sessment Resolution adopted by the Count, Commission on July.l3th, 2004. Copies of thi Initial Assessment Resolution and the preliminar Assessment Roll are available for inspection a the offices of the Martin County Utilities Depart meat located at 2378 S.E. Ocean Blvd., Stuart Florida. and at the Administrative Offices of Mai tin County at 2401 S.E. Monterey Blvd., Stuart Florida. . The assessments will be collected. on the ad valor em tax-bill, as authorized by Section 197.3631 Florida Statutes. Failure to pay the assessment will cause a tax certificate to be issued agains the property which may result in a loss of title The Gounty Commission intends to collect the a: sessments in twenty- annual assessments, th first of which will be included on the ad valoren tax bill to be mailed in November 2004. Futun annual assessments may be prepaid at the optio of the property owner, If you have any questions, please contact the Mai tin Ccunty Utilities Department at 7721221-1442: MARTIN COUNTY, FLORIDA LEGAL DESCRIPTION OF PROPERTY LOCATED IN TROPIC VISTA MSBU Lots 2.1 and 2.2 of Block 2; Lots 4.0 and 4.1 t Block 4; Lots 6.0 and 6.1 of Block 8; Lots 8.0 an 8.1 of Block 8; Lots 10.0 and 10.1. of Block 10; Lot 12.0' and 12,1 of Block 12; Lots 14.0 and 14.1 c Block 14; and- Lots 16:0 and 16.1 of Block 16 a within the plat of Jupiter Acres as recorded i Plat Book 3, Page 52, public records of Marti County, Florida; and Lats 25, 26, 27 and Lots i through 37 (inclusive) of Block 8; Lots 4 throng 191inclusive) of Block 1; Lots 12 through 22 {inclusive) of Block 2; Lots 9 through 27 {inclusive of Block 3; Lots 4 through 27 (inclusive) of Bloc 4; and Lots 4 through 14 linclusive) of Block 5, s within the plat- of Tropic Vista as recorded in PI. Book 3, Page 69, public records of Martin Count Florida. Pub: July 18, 2004 6975; ~~ .3:~t 'v~: L..F.~' ;~$ f;'`;, ~ wb~ ~' lie ~.:`. ~u:~ ~r • APPENDIX B AFFIDAVIT OF MAILING • • ~. ~~ .., ;~, ~. ~, ~_, ~~ ri'r _• .AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF LEON BEFORE ME, the undersigned authority, personally appeared Matt Matherne, who, after being duly sworn, deposes and says: 1. I, Matt Matherne, have been designated by the County Administrator of Martin County, Florida, to mail the notices required by Section 2.05 of Resolution No. 04-, adopted by the Board of County Commissioners of Martin County, Florida, on July 13, 2004 (the "Initial Assessment Resolution"). 2. On or before July 21, 2004, I mailed, or directed the mailing of, a notice in accordance with Section 2.05 of the Initial Assessment Resolution by first class mail, to each owner of property within the Tropic Vista Municipal Service Benefit Unit in conformance with the requirements of Ordinance No. 96-493, enacted by the Board of County Commissioners of Martin County, Florida, on Apri19, 1996, at the address shown on the real property assessment tax roll maintained by the Martin County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. FURTHER AFFIANT SAYETH NOT. ~" eS ~' ?' ~~ Aff t 4 i~,i i B-1 r_~ ~.~ ..., • STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me by Matt Matherne, who is ~' personally known to me ~or who has produced as identification and did (did not) take an oath. WITNESS, my hand and official seal this ~ ~~ day of, _ ~ ~~ ~, A.D., 2004. / ~ ,~- 1 s ~ ~' ~ ' ~ _ 4i A (.~ t~ ~` fit` C s~ ~~/~ ~ Signat~ a of person taking acknowledgment ,_ r ~q ~ f / ~ ~ t Name of acknowledger (printed) My commission expires: ~ Mvcorn ~~# ~~aExv~a~s March 23, 2007 ~~$f~~~~~ BONDED THRU TROY FAIN INSURANCE INC I 1 1 B-2 _• APPENnIx c FORM OF PREPAYMENT NOTICE • • • MARTIN COUNTY, FLORIDA UTILITIES AND SOLID WASTE DEPARTMENT John Polley, Director Phone: 772/221-1442 Post Office Box 9000 Stuart, Florida 34995-9000 INVOICE DATE *FIRST* *LAST* *ADDR1 * *ADDR2 *CITY* *ST* *ZIP* RE: Tropic Vista Municipal Service Benefit Unit *PAR #* This is your bill for the water assessment. The amount listed is your prepayment amount and should you choose this option, payment must be received in our office no later than , 2004. Please make your check payable to Martin County Utilities and return it with the extra copy of the invoice that is enclosed to ensure proper credit. We have provided a return envelope for your convenience. If you choose to finance your assessment, do nothing at this time. Your first annual assessment will appear on the ad valorem tax bill mailed to you in November 2004. If you have any questions, please call Martin County Utilities at 772/288-5652. Tropic Vista Municipal Service Benefit Unit *PAR #* n Total Assessment: $*TOTALASS* `0 Payment Due Date: b`~9 ~_~ i[i7 iP~1 Gs ~j !}'•,.Z ~s~ C-1 ~, _• APPENDIX D ASSESSMENT ROLL • • NS I~"1 ~' I~ ttt~~ A«'s ~~ [`~ ~.1 ~,~ ~`;, ~b • Tropic Vista Municipal Service Benefit Unit • r U Initial Annual Owner Name Tax Parcel Parcel Units Prepayment Assessment AGNES L GENTRY (TR) 24-40-42-005-040-0022.0-90000 1 AMY ARRETTEIG 24-40-42-005-030-0012.0-20000 1 BARBARA HUFNER 24-40-42-005-010-0015.0-90000 1 BONNIE S GIFFORD 24-40-42-002-000-0006.1-20000 BRIAN D SIMPSON ~ 24-40-42-005-030-0017.0-10000 BRIAN T & KATHLEEN FITZHUGH 24-40-42-005-020-0018.0-10000 CANDICE F SABIN 24-40-42-005-040-0010.0-40000 CAROL M & DONALD E MAZIE SKINNER 24-40-42-005-010-0004.0-30000 CHARLES G & JUDITH A PROPHIT 24-40-42-005-030-0011.0-40000 CLARENCE R & DOROTHY SIMMERMAN 24-40-42-005-030-0027.0-00000 CLINON & ELIZABETH BARLEY 24-40-42-005-080-0036.0-00000 CONSTANCE S & ADRIAN VAN VOAST G 24-40-42-005-020-0021.0-50000 DANIEL & MELISSA MORAN 24-40-42-002-000-0008.0-90000 DEBORAH HILLMAN 24-40-42-005-050-0013.0-50000 DIANE F TAYLOR 24-40-42-005-040-0016.0-10000 EDWARD JOSEPH & PATRICIA DENOMN 24-40-42-005-030-0010.0-60000 EDWARD L FEINER 24-40-42-002-000-0012.0-10000 EDWARD W & ANITA M THOMPSON 24-40-42-005-040-0015.0-30000 EILEEN GREEN 24-40-42-005-040-0012.0-00000 ELEANOR P BRACH 24-40-42-005-080-0025.0-30000 ERIN & PETER SCHWENGER 24-40-42-005-040-0013.0-80000 FLEETWOOD GUIN 24-40-42-005-030-0015.0-50000 FLORENCE ROTH 24-40-42-005-010-0017.0-50000 FRANK D MURRAY 24-40-42-002-000-0016.1-10000 GAIL D STERLING 24-40-42-002-000-0008.1-80000 GARY KENDRICKS 24-40-42-002-000-0004.0-80000 GEORGE G & JEANETTE L & JAMIE GEN 24-40-42-005-030-0022.0-10000 HEATHER HALES 24-40-42-005-040-0005.0-40000 D- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $5,974.00 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 $519.28 ~'i ~~ g~'i I~ ~1 1,1 1~ r-~ ~n r: ~~~ 1• Tropic Vista Municipal Service Benefit Unit Initial Annual Owner Name Tax Parcel Parcel Units Prepayment Assessment HERMAN F & ROSALIE E HUFFMAN 24-40-42-005-010-0011.0-80000 1 $5,974.00 $519.28 HOLLY C & JONATHAN W PRATT 24-40-42-005-080-0033.0-70000 1 $5,974.00 $519.28 HOMEOWNER 24-40-42-005-042-2002.6-00000 1 $5,974.00 $519.28 HUGH R OWENS 24-40-42-005-080-0026.0-10000 1 $5,974.00 $519.28 ICO & JANA STOJANOVSKI 24-40-42-005-010-0009.0-20000 1 $5,974.00 $519.28 ICO STOJANOVSKI 24-40-42-005-010-0008.0-40000 1 $5,974.00 $519.28 IMOGENE & CONNIE KIRSHFIELD DURH 24-40-42-005-050-0009.0-30000 1 $5,974.00 $519.28 IVAN J JR COOL 24-40-42-005-020-0019.0-90000 1 $5,974.00 $519.28 JACK W & LORENE FREITAL 24-40-42-002-000-0010.0-50000 1 $5,974.00 $519.28 JAMES I & NANCY J BIEN 24-40-42-005-010-0019.0-10000 1 $5,974.00 $519.28 JAMES MICHAEL CLARK (TR) 24-40-42-005-020-0014.0-00000 1 $5,974.00 $519.28 JEANNE ARIAS 24-40-42-005-020-0020.0-70000 1 $5,974.00 $519.28 JENNIFER SAWYER 24-40-42-005-030-0009.0-80000 1 $5,974.00 $519.28 JEROME A & MELINDA A DIXON 24-40-42-005-040-0025.0-20000 1 $5,974.00 $519.28 JEROMY S & MICHELLE MCDOWELL GL 24-40-42-005-OIO-0007.0-60000 1 $5,974:00 $519.28 JOHN & SANDRA NOVAL 24-40-42-005-010-0010.0-00000 1 $5,974.00 $519.28 JOHN C BISHOP 24-40-42-005-040-0011.0-20000 1 $5,974.00 $519.28 JOHN F & VIRGINIA RODENHIZER 24-40-42-005-040-0019.0-50000 1 $5,974.00 $519.28 JOHN R & KATHLEEN G PFEIFLER 24-40-42-005-050-0004.0-40000 1 $5,974.00 $519.28 JOHN S COLLINGS 24-40-42-005-010-0006.0-80000 1 $5,974.00 $519.28 JORGE L VAZQUEZ 24-40-42-002-000-0016.0-20000 1 $5,974.00 $519.28 JOSEPH & SALVATORE DEMONSTRANTI 24-40-42-005-080-0030.0-30000 1 $5,974.00 $519.28 JOSEPH O ELLIS 24-40-42-005-080-0029.0-50000 1 $5,974.00 $519.28 JOSHUA H & JULIE A PUDERBACH 24-40-42-005-050-0006.0-90000 1 $5,974.00 $519.28 JUDITH A CARON 24-40-42-005-040-0024.0-50000 1 $5,974.00 $519.28 JUDITH ANN KENNY 24-40-42-005-040-0020.0-30000 1 $5,974.00 $519.28 KATHLEEN M THOMAS 24-40-42-005-030-0019.0-70000 1 $5,974.00 $519.28 KENNETH & SUZAN ORTMAN 24-40-42-005-080-0027.0-90000 1 $5,974.00 $519.28 • D- 2 ~, 9 ? °i-z$ ~,~'1 tai SS~F "~i ~~! ~s ~;~ ~. i I.~t • Tropic Vista Municipal Service Benefit Unit Initial Annual Owner Name Tax Parcel Parcel Units Prepayment Assessment KEVIN E & JOAN D LANTRY 24-40-42-005-040-0017.0-90000 1 $5,974.00 $519.28 KIMBERLEY TAPLIN 24-40-42-005-030-0025.0-40000 1 $5,974.00 $519.28 KRISTEN J PEDIGO-VINSON 24-40-42-005-040-0006.0-20000 1 $5,974.00 $5.19.28 LINDA M & KEVIN MCDONOUGH 24-40-42-005-020-0015.0-70000 1 $5,974.00 $519.28 LOIS A ARMSTRONG 24-40-42-005-050-0008.0-50000 1 $5,974.00 $519.28 LONA LE STRANGE 24-40-42-005-030-0023.0-90000 1 $5,974.00 $519.28 LOREN & BARBARA NELLE LAWSON 24-40-42-005-010-0013.0-40000 1 $5,974.00 $519.28 LUIS A MACHADO 24-40-42-005-020-0016.0-50000 1 $5,974.00 $519.28 MARGUERITE I BROWN 24-40-42-005-040-0023.0-70000 1 $5,974.00 $519.28 MARTIN HESSE 24-40-42-005-010-0012.0-60000 1 $5,974.00 $519.28 MERCEDES L & JOSEPH DEMICK 24-40-42-005-030-0026.0-20000 1 $5,974.00 $519.28 MICHAEL D & KIM L VAN ETTEN 24-40-42-002-000-0014.1-60000 1 $5,974.00 $519.28 MICHAEL P & MARY C FLERLAGE 24-40-42-005-010-0014.0-20000 1 $5,974.00 $519.28 MILDA & MARK LOPEZ KAIMINS 24-40-42-005-050-0012.0-70000 1 $5,974.00 $519.28 NICOLE CLARK 24-40-42-005-040-0027.0-80000 1 $5,974.00 $519.28 NORMAN P & LEONA N FLEISCHER 24-40-42-005-040-0004.0-70000 1 $5,974.00 $519.28 PATRICIA A THOMPSON 24-40-42-005-010-0016.0-70000 1 $5,974.00 $519.28 PETER C & DEBORAH J ALLCOCK 24-40-42-005-080-0037.0-80000 1 $5,974.00 $519.28 PETER R BARSKI 24-40-42-005-050-0014.0-30000 1 $5,974.00 $519.28 RALPH L & CARMEL B BRASINGTON 24-40-42-005-030-0020.0-50000 1 $5,974,00 $519.28 RANDALL L KOELZ 24-40-42-005-040-0018.0-70000 1 $5,974.00 $519.28 REBECCA H STARKEY 24-40-42-005-050-0011.0-90000 1 $5,974.00 $519.28 RICHARD & S H VELDHUIZEN 24-40-42-005-050-0010.0-10000 1 $5,974.00 $519.28 RICHARD A BOLDYGA 24-40-42-002-000-0002.1-10000 1 $5,974.00 $519.28 ROBERT H & LINDA B FROEMMING 24-40-42-005-080-0032.0-90000 I $5,974.00 $519.28 ROBERT J & TERRIE J BELANGER 24-40-42-002-000-0006.0-30000 1 $5,974.00 $519.28 ROBERT J (TR) & MILDRED CLEMENTS 24-40-42-002-000-0010.1-40000 1 $5,974.00 $519.28 ROBERT J DUFFY (TR) 24-40-42-005-010-0005.0-00000 1 $5,974.00 $519.28 • I) - 3 .. . ~.~~ a~ 1~ ~S s;,~ t i; i #.~ s,~ r q~ • Tropic Vista Municipal Service Benefit Unit Initial Annual Owner Name Tax Parcel Parcel Units Prepayment Assessment ROBERT L & R J MCCARTY 24-40-42-005-080-0034.0-50000 1 $5,974.00 $519.28 ROBERT L SIMPSON 24-40-42-005-030-0016.0-30000 1 $5,974.00 $519.28 ROBERT S & BARBARA A FEINBERG 24-40-42-005-030-0013.0-00000 1 $5,974.00 $519.28 ROGER PAUL ZABOVNIK 24-40-42-005-030-0014.0-80000 1 $5,974.00 $519.28 RUSSELL W & DONNA WORTHEN 24-40-42-005-020-0017.0-30000 1 $5,974.00 $519.28 SAMUEL V FRONTERA 24-402-002-000-0002.2-00000 1 $5,974.00 $519.28 SCOTT G WORSLEY 24-40-42-005-040-0021.0-10000 1 $5,974.00 $519.28 SCOTT G WORSLEY 24-40-42-005-040-0009.0-60000 1 $5,974.00 $519.28 SCOTT VESTREM 24-40-42-005-040-0007.0-00000 1 $5,974.00 $519.28 • SERGIO M & LINDA M COELHO 24-40-42-002-000-0012.1-00000 1 $5,974.00 $519.28 SHARON CLENNEY JOHNSTON 24-40-42-005-050-0005.0-10000 1 $5,974.00 $519.28 SIMONE MANNING 24-40-42-005-080-0035.0-20000 1 $5,974.00 $519.28 STEPHEN A PERRY 24-40-42-005-020-0012.0-40000 1 $5,974.00 $519.28 STEPHEN J & EVIE JO NAGORKA 24-40-42-005-040-0008.0-80000 1 $5,974.00 $519.28 STEVEN C CRIST 24-40-42-005-030-0024.0-70000 1 $5,974.00 $519.28 STEVEN H & CHERYL R FEEDER 24-40-42-005-080-0031.0-10000 1 $5,974.00 $519.28 TERRY A & VIRGINIA L COOK 24-40-42-002-000-0014.0-70000 1 $5,974.00 $519.28 THOMAS J & FLOE TRESS 24-40-42-005-040-0014.0-60000 1 $5,974.00 $519.28 TIMOTHY BREMEKAMP 24-40-42-005-030-0018.0-90000 1 $5,974.00 $519.28 TINA E CHURCH 24-40-42-002-000-0004.1-70000 1 $5,974.00 $519.28 VIRGINIA YORK 24-40-42-005-010-0018.0-30000 1 $5,974.00 $519.28 WILLIAM A & VONDA LEISER 24-40-42-005-020-0022.0-30000 1 $5,974.00 $519.28 WILLIAM B SMITH 24-40-42-005-050-0007.0-70000 1 $5,974.00 $519.28 WILLIAM D VAN KEUREN 24-40-42-005-020-0013.0-20000 1 $5,974.00 $519.28 108 Parcels 108 $645,192.00 $56,082.24 • 1) - 4 t~,i ~~a i"i ~~,~ iii `~1 ~t t;? ill ¢:9 q.,il ~ ~ ~~ • L~ MARTIN COUNTY, FLORIDA TROPIC VISTA MUNICIPAL SERVICE BENEFIT UNIT ~ ~ ~ ~ ~ H ~ INITIAL ASSESSMENT RESOLUTION ~ ~ ~ ~ ~~~~~~ s ~~~ ~N~~~ ~ ~ ., t•~ r ~~ ~r ~ *~ ,~ ~ '[~ ~ ~ G? r (:.~ ~ i11 ~' P • h3 ~ ~ ~' ra ~~„ ~ f,J ADOPTED JULY 13 2004 Y , s i r~ „~ T' , 3'~ .] TABLE OF CONTENTS PAGE SECTION 1.01. SECTION 1.02. SECTION 1.03. ARTICLE I DEFINITIONS AND CONSTRUCTION DEFINITIONS .............................................................................. 2 INTERPRETATION ..................................................................... 7 LEGISLATIVE FINDINGS .......................................................... 7 ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED CAPITAL COST ................................................. 11 SECTION 2.02. ASSESSMENT ROLL ................................................................ 11 SECTION 2.03. PUBLIC HEARING .................................................................... 11 SECTION 2.04. NOTICE BY PUBLICATION .................................................... 12 • SECTION 2.05. NOTICE BY MAIL ..................................................................... 12 ARTICLE III ASSESSMENTS SECTION 3.01. SECTION 3.02. SECTION 3.03. SECTION 3.04. SECTION 3.05. SECTION 3.06. SECTION 3.07. SECTION 3.08. DESCRIPTION OF PROPOSED TROPIC VISTA MSBU ....... 13 IMPOSITION OF ASSESSMENTS ........................................... 13 ERCS ........................................................................................... 13 PREPAYMENT AMOUNTS ...................................................... 14 COMPUTATION OF ASSESSMENTS ..................................... 15 INITIAL PREPAYMENT OPTION ........................................... 17 ADDITIONAL PREPAYMENT OPTION ................................. 17 MANDATORY PREPAYMENT ............................................... 18 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. SECTION 4.02. SECTION 4.03. n METHOD OF COLLECTION ........................:........................... 19 SEVERABILITY ......................................................................... 19 EFFECTIVE DATE .........:............................ .............................. 20 n n !~ r. i -n ~, C ~! RJ i~ IY H 9 r'. r1I • APPENDIX A - FORM OF PUBLISHED NOTICE APPENDIX B - FORM OF MAILED NOTICE APPENDIX C - LEGAL DESCRIPTION OF PROPERTY LOCATED IN TROPIC VISTA MSBU C] • ii n ~+ r YS 1~1 '{~ ~' ~i rn G? R? ~! ~' v d ~ , i i • RESOLUTION N0.04 ~ . 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, RELATING TO THE CONSTRUCTION OF WATER DISTRIBUTION FACILITIES BY -THE VILLAGE OF TEQUESTA WITHIN THE PROPOSED TROPIC VISTA MUNICIPAL SERVICE BENEFIT UNIT; ESTABLISHING THE TERMS AND CONDITIONS OF PROPOSED SPECIAL ASSESSMENTS TO FUND THE WATER DISTRIBUTION FACILITIES; .ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF • MARTIN COUNTY, FLORIDA, AS FOLLOWS: • n n N R? ~~ w~ it S J • ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the 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 Tropic Vista MSBU as computed pursuant to Section 3.04(B) hereof and revised annually pursuant to Section 3.05(E) hereof. "Assessment" means an annual special assessment imposed against property located within the Tropic Vista MSBU to fund a portion of the Capital Cost of Water Distribution Facilities to serve the Tropic Vista MSBU, and related expenses, computed in the manner described in Section 3.05 hereof. "Assessment Period" means the time period commencing with the November 2004 ad valorem tax bill and ending after payment of the November 2023 ad valorem tax bill unless otherwise prepaid pursuant to the provisions herein. "Assessment Roll" means anon-ad valorem assessment roll relating to the Water Distribution Facilities. • o "Board" means the Board of County Commissioners of Martin County, Florida. ~' • ~ "Capital Cost" means all or any portion of the expenses that are properly ~' n attributable to the acquisition, design, construction, and installation (including :~ r_~ .n demolition, environmental mitigation and relocation) of the Water Distribution Facilities, ,~ ~~ 2 `~ P~ rr, . !~ } ~ ~ ; Capital Connection Charges, including but not limited to, impact fees, inspection fees, meter installation charges, tapping fees and other similar fees and charges, if any, and imposition of the Assessments under generally accepted accounting principles; and including reimbursement to the Village and the County for any funds advanced for Capital Cost or the implementation of the Assessments and interest on any interfund or intrafund loan for such purposes. "Capital Connection Charges" means the capital connection charges and all charges, surcharges and fees authorized by Chapter 74 of the Village of Tequesta Code, as amended, including charges as to capacity reservation, system improvement, maintenance and expansion, and impact fees. "Collection Cost" means the estimated cost to be incurred by the County or the Village during any Fiscal Year in connection with the collection of Assessments, including but not limited to, fees payable to the Martin County Tax Collector, the Property Appraiser, and any independent consultants or attorneys. "Collection Cost Component" means the amount computed for each Tax Parcel pursuant to Section 3.05(B) hereof "County" means Martin County, a political subdivision of the State of Florida. ~ V /9 "County Administrator" means the chief executive officer of the County, or ~ such person's designee. ~~' t-~ in r G? t-? 3 ~7 1~ d f ' "Dwellin Unit" means a buildi g ng, or a portion thereof, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "ERC" means "equivalent residential connection," the standard unit to be used for the apportionment of Capital Costs to the affected real properties in the Tropic Vista MSBU and calculating the Assessments, as determined by an engineering estimate of the amount of potable water that each parcel or classification of property is expected to demand relative to a typical Single-Family Dwelling Unit, considering the use of the property or other factors affecting the demand for potable water, as determined for each Tax Parcel in accordance with Section 3.03 hereof. "Final Assessment Resolution" means the resolution described in Section 3.06 of the Ordinance that imposes Assessments within the Tropic Vista MSBU. "Fiscal Year" means the period commencing on October 1 of -each yeaz and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. "Funding Agreement" means the agreement pursuant to which the Village n agrees to deliver the Village Obligations against payment therefor by the purchaser or underwriter of such Village Obligations. 4 n ~~ F~ rn ~? r.l N P~ :~ ~ ~ • "Government Property" means property owned by the United States of America or any agency thereof, the State of Florida or any agency thereof, a county, a special district or a municipal corporation. "Initial Prepayment Amount" means the amount computed pursuant to Section 3.04(A) hereof for each Tax Parcel located in the Tropic Vista MSBU to prepay the Assessment prior to issuance of the Village Obligations. "Interlocal Agreement" means the Interlocal Agreement Relating to the Construction of Water Distribution Facilities in the Tropic Vista Municipal Service Benefit Unit, dated as of July 1, 2004, between the County and the Village. "Local Improvement" means a capital improvement constructed or installed by or at the request of the County for the special benefit of a neighborhood or other local area, for which special assessments are imposed pursuant to the Ordinance. "Lot" means a platted building lot within the Tropic Vista MSBU, after giving effect to any recorded Unity of Title, as of the date of the Final Assessment Resolution. "Ordinance" means Ordinance No. 96-493, as amended. "Property Appraiser" means the Martin County Property Appraiser. n ~+ "Single-Family Dwelling Unit" means one Dwelling Unit located on a single ~ V MrY Lot. "State" means the State of Florida. 5 n N ~~ ~? r_n G? F~ N ~? ~o i i' • r "Statutory Discount Amount" means the amount computed for each Tax Parcel pursuant to Section 3.05(C) hereof. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Tropic Vista MSBU" means the proposed Tropic Vista Municipal Service Benefit Unit described in Section 3.01 hereof. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "Village" means the Village of Tequesta, a municipal corporation duly organized and validly existing under the laws of the State of Florida. "Village Obligations" means the notes, bonds or other evidence of indebtedness issued by the Village to finance a portion, or all of, the Capital Cost of the Water n Distribution Facilities. V "Village Payment Component" means the amount computed for each Tax Parcel r~ pursuant to Section 3.05(A) hereof. ~A G? ~! 6 ~_ i,i O %S s ~ ~ • "Village System" means the facilities awned and/or operated by the Village, including but not limited to, potable water supply, treatment, storage, transmission and distribution facilities, currently and in the future, used to provide potable water service to the water service area and other areas served by the Village System. "Water Distribution Facilities" means the facilities required for the Village to provide potable water service to property located in the Tropic Vista MSBU, including, but not limited to, all pertinent facilities and allocable costs related to transmission, distribution, supply and treatment of potable water for the property located in the Tropic Vista MSBU. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing 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 gender, unless the sense indicates otherwise. SECTION 1.03.:. LEGISLATIVE FINDINGS. It is hereby ascertained, n determined and declared that: V /9 (A) Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and ~, N 125.66, Florida Statutes, grant to a board of county commissioners all powers of local w ti • IA self-government to perform county functions and to render services for county purposes ~' P~~ N 7 r,ti N ti., ' } z in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. (B) The Board of County Commissioners of Martin County, Florida, has enacted the Ordinance to provide for the creation of municipal service benefit units and authorize the imposition of Assessments to fund the construction of Local Improvements to serve the property located therein. (C) The private wells currently serving the property in the proposed Tropic Vista MSBU have generally reached the end of their useful service life and productivity. (D) The County is unable to provide potable water service to property in the Tropic Vista MSBU since the property in the Tropic Vista MSBU _is outside of the immediate service area of the County's existing water distribution facilities. (E) The lack of potable water service is a health issue and the County wants to protect the health, safety and welfare of its residents. (F) The property in the proposed Tropic Vista MSBU is adjacent to a geographic azea already served by the Village System. (G) The Village has available the current and future capacity necessary to n provide potable water service to the region where the proposed Tropic Vista MSBU is V V~9 located. n N (H) The Village is willing to invest in the construction of the Water Distribution rA Facilities and to own said facilities to serve the Tropic Vista MSBU given the County's G? • r.r g ~~~ ~1 r i r • commitment to 1 collects ecial asses () p sments and deliver such special assessments to the Village for repayment of a portion of the Capital Costs related to the Water Distribution Facilities, and (2) grant the exclusive right to the Village to serve the Tropic Vista MSBU for not less than 30 years beginning with the completion date of the Water Distribution Facilities, commensurate with the useful service life of the Water Distribution Facilities. (I) While not legally necessary to impose the special assessments, a majority of the property owners owning property within the proposed Tropic Vista MSBU have voted in favor of the Village providing potable water service at a duly called and noticed vote and after public hearing and discussion. (J) The Interlocal Agreement is intended to (1) facilitate the installation of • Water Distribution Facilities to serve the Tropic Vista MSBU; (2) set forth the County's commitment to impose the special assessments to fund a portion of the costs of the Water Distribution Facilities, including Capital Connection Charges; and (3) extend to the Village the exclusive right to provide potable water service to the residents of the proposed Tropic Vista MSBU who desire such service. (K) The Water Distribution Facilities constitute a Local Improvement, as 0 r defined in the Ordinance and herein, and permit the Village to provide potable water r service to property located within the Tropic Vista MSBU. n (L) The Board desires to create the Tropic Vista MSBU to allow the Village to i~ fund construction of the Water Distribution Facilities and finance the Capital Connection ~± • ~~ 9 `' r,ti ±.~~ ~ Y } ~ • Charges to reduce the immediate financial impact of connecting to the Water Distribution Facilities. (M) The construction of such Water Distribution Facilities will provide a special benefit to the property located within the Tropic Vista MSBU by providing access to potable water service. (N) In order to reduce the financial impact on the owners of property located within the Tropic Vista MSBU, the Interlocal Agreement limits the Initial Prepayment Amount to $5,974.00 per ERC, with the remaining Capital Cost to be funded by the Village. Accordingly, the Initial Prepayment Amount for each Tax Parcel will be less than the actual construction cost attributable to such Tax Parcel. (O) The Tropic Vista MSBU includes only Lots for which the applicable land use plan and zoning categories permit construction of Single-Family Dwelling Units. (P) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide an equitable method of funding construction of the Water Distribution Facilities and Capital Connection Charges by fairly and reasonably allocating the cost to specially benefitted property, based upon the number of n ERCs attributable to each parcel or classification of property, in the manner hereinafter described. n :~ ~ti •n ~, ~, 10 ~' ~~ ~ • ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED CAPITAL COST. The estimated Capital Cost for the Water Distribution Facilities is $838,166.00. The County intends to impose Assessments, as set forth herein, with an Initial Prepayment Amount of $5,974.00 per ERC against property located within the Tropic Vista MSBU to fund its contribution to the Capital Cost. The balance of the Capital Cost (estimated at $192,974, approximately 23% of the estimated Capital Cost) will be funded by the Village. SECTION 2.02. ASSESSMENT ROLL. Based on information to be • J provided by the Village, the County Administrator is hereby directed to prepare a final estimate of the Capital Cost of the Water Distribution Facilities and to prepare the preliminary Assessment Roll in the manner provided in the Ordinance and Article III hereof. The estimate of Capital Cost and the Assessment Roll shall be maintained on file in the offices 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 n_ terminal available to the public. ~" ~_ SECTION 2.03. PUBLIC HEARING. A public hearing will be conducted by ~' n N the Board at a time to be designated by the County Administrator, on August 10, 2004, in ~.~ t.~ rq the County Commission Chambers of the Martin County Administratiori Building at ~, f.~ 11 fq ~ p ~ , • 2401 S.E. Monterey Road, Stuart, Florida, to consider (A) creation of the Tropic Vista MSBU, (B) imposition of the Assessments, and (C) collection of the Assessments pursuant to the Uniform Assessment Collection .Act. SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the materials required by Section 2.02 hereof, the County Administrator shall publish a .notice of the public hearing authorized by Section 2.03 hereof in the manner and the time provided in Section 3.04 of the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix A. SECTION 2.05. NOTICE BY MAIL. Upon completion of the materials required by Section 2.02 hereof, the County Administrator shall, at the time and in the • manner specified in Section 3.05 of the Ordinance, provide first class mailed notice of the public hearing authorized by Section 2.03 hereof to each property owner proposed to be assessed at the address indicated on the Tax Roll. Such notice shall be in substantially the form attached hereto as Appendix B . n .•, n ~. N ~,~ ~? iA • ~1 ~+ 12 r:„7 ~' ' • ARTICLE III ASSESSMENTS SECTION 3.01. DESCRIPTION OF PROPOSED TROPIC VISTA MSBU. The proposed Tropic Vista MSBU shall include the property described in Appendix C attached hereto and incorporated herein. The Tropic Vista MSBU is proposed for the purpose of improving the use and enjoyment of property located therein by funding the construction of Water Distribution Facilities to provide access to a regional potable water supply system and associated service. SECTION 3.02. IMPOSITION OF ASSESSMENTS. Assessments shall be imposed against property located within the Tropic Vista MSBU for each Fiscal Year during the Assessment Period, the amount of which shall be computed in accordance with this Article III. When imposed, the Assessment for each Fiscal Year shall constitute a lien upon the Tax Parcels located in the Tropic Vista MSBU, pursuant to the Ordinance. SECTION 3.03. ERCS. The number of ERCs attributable to each Tax Parcel in the Tropic Vista MSBU shall be determined in the manner set forth in this Section 3.03. n (A) It is hereby ascertained, determined and declared that: ~? (1) The number of ERCs attributable to property is most accurately n derived from the actual number of Dwelling Units constructed or, in the case of ~ F~ iq unimproved property, permitted to be constructed. ,~ n F? 13 '_~ r~i '~J . ~' k' • (2) By definition, the demand for potable water service by a Single- Family Dwelling Unit is equal to one ERC. (B) Accordingly, the number of ERCs attributable to each Tax Parcel will be the number of Single-Family Dwelling Units located thereon. SECTION 3.04. PREPAYMENT AMOUNTS. (A) The Initial Prepayment Amount will be based on $5,974.00 per ERC (approximately 77% percent of the estimated Capital Cost attributable to each ERC). The Initial Prepayment Amount for each Tax Parcel located within the Tropic Vista MSBU shall be calculated by multiplying the number of ERCs attributable to such Tax Parcel by $5,974.00 per ERC. • (B) Upon issuance of the Village Obligations, which shall not occur earlier than September 15, 2004, an Adjusted Prepayment Amount for each Tax Parcel, other than those Tax Parcels as to which the Assessment has been prepaid prior to ,issuance of the Village Obligations, shall be calculated by adding the amount computed by multiplying one-twelfth of the true interest cost (inclusive of all financing costs) for the Village Obligations (unless such rate is greater than that used to compute the maximum Assessment included in the notices provided pursuant to Section 2.05 hereof, in which event the rate used to compute such notices shall be substituted for the "all in" true interest for the Village Obligations) by the number of full months remaining in the Fiscal • 14 r~ r, ~~ F! ,n r P lH~ f ' i,~i Year to the Initial Pre a ment Amount. The Adjusted Pre a ment Amount for each Tax Py J PY Parcel shall be revised annually, as provided in Section 3.05(E) hereof. SECTION 3.05. COMPUTATION OF ASSESSMENTS. Assessments will be collected on the ad valorem tax bill in the manner authorized by the Uniform Assessment Collection Act. The annual Assessment shall be computed for each Tax Parcel in the manner set forth in this Section 3.05. (A) VILLAGE PAYMENT COMPONENT. The "Village Payment Component" shall be calculated for each Fiscal Year in which the Adjusted Prepayment Amount of the Tax Parcel is outstanding. The Village Payment Component shall be equal to the annual interest and principal payment constituting the debt service payable • by the Tax Parcel each year based on equal annual payments for a twenty (20) year amortization with interest at a rate equal to the true interest cost (inclusive of all financing costs) for the Village Obligations (unless such rate is greater than that used to compute the maximum Assessment included in the notices provided pursuant to Section 2.05 hereof, in which event the rate used to compute such notices shall be substituted for the "all in" true interest for the Village Obligations). (B) COLLECTION COST COMPONENT. The "Collection Cost Component" shall be computed each Fiscal Year for each Tax Parcel by (1) dividing (a) the Adjusted Prepayment Amount for such Tax Parcel by (b) the sum of the aggregate Adjusted 15 n oa ~•, n N .n F? .n ~? P•j r.:.? ~,~i Pre a ment Amount remainin in the Tro is Vista MSBU, and (2) multi lying the result PY g P P by the Collection Cost. (C) STATUTORY DISCOUNT AMOUNT. The "Statutory Discount Amount" shall be computed for, each Tax Parcel as the amount by which Section 129.01(2)(b) requires the County to discount reasonably anticipated receipts in connection with preparation of its annual budget, such. amount to be calculated by deducting (1) the sum of (a) the Village Payment Component and (b) the Collection Cost Component, from (2) the amount computed by dividing (a) the sum of (i) the Village Payment Component and (ii) the Collection Cost Component, by (b) 0.96. (D) ASSESSMENT. The annual Assessment for each Tax Parcel shall be • computed as the sum of (1) the Village Payment 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 Adjusted Prepayment Amount for each Tax Parcel shall be recomputed by deducting (1) the principal component of the Village Payment Component determined in Section 3.05(A)(1) above and included on the n Assessment Roll for the Tax Parcel, from (2) the Adjusted Prepayment Amount (or for ~ .., the initial Assessment Roll, the Initial Prepayment Amount) utilized to compute the n ~.t~ annual Assessment included on the Assessment Roll for such Tax Parcel. r ~? t~: 16 ~ 0 • SECTION 3.06. INITIAL PREPAYMENT OPTION. Following adoption of the Final Assessment Resolution, the County Administrator shall provide first class mailed notice to the owner of each Tax Parcel subject to the Assessment of the owner's option to prepay all future annual Assessments. On or prior to September 14, 2004 (which shall not be earlier than the thirtieth calendar day following the date on which the notice is delivered to the possession of the U.S. Postal Service), the owner of each Tax Parcel subject to the Assessment shall be .entitled to prepay all future annual Assessments, upon payment of the Initial Prepayment Amount. The amount of all prepayments made pursuant to this Section 3.06 shall be final. SECTION 3.07. ADDITIONAL PREPAYMENT OPTION. Following the • date s ecified in the notice provided pursuant to Section 3.06 hereof, the owner of each P Tax Parcel subject to the Assessments shall be entitled to prepay all future unpaid annual Assessments upon payment of an amount equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Parcel, and (2) interest on the Adjusted Prepayment Amount from the most recent date to which interest on the Village Obligations has been paid to the next-date following such prepayment on which the Village can redeem Village Obligations after providing all notices required to redeem all or any portion of the Village Obligations. CJ 17 • SECTION 3.08. 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 acquired by a public entity through condemnation, negotiated sale or otherwise, or (2) a tax certificate has been issued and remains outstanding in respect of the Tax Parcel. (B) The amount required to prepay the future unpaid annual Assessments will be equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Parcel, and (2) interest on the Adjusted Prepayment Amount from the most recent date to which interest on the Village Obligations has been paid to the next date following such prepayment on which the Village can redeem Village Obligations after providing all notices required to • redeem all or any portion of the Village Obligations. n n N ~~ R? in r • w, 18 ~ .' ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act; provided however, that any Assessment against Government Property shall be collected pursuant to Section 4.04 of the Ordinance. SECTION 4.02. .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. • 19 r r ~,t t:~ tq ~i. f•; N (v • SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 13th day of July, 2004. BOARD OF COUNTY COMMISSIONERS - ~,~:; OF MARTIN COUNTY, FLORIDA (SEAL) ' $y; oug 'th, Chairman ATTEST: By; _ `~'''`~ _~ Marsha Ewin ,Clerk APPROVED AS TO FORM AND CORRECTNESS By: St p e Fry unty A orney n V !mil L~ r ~F~ 1"~ •n ~? ~? 20 ~, '. • APPENDIX A FORM OF NOTICE TO BE PUBLISHED n_ 4G n :L~ ~:~ rq `~ F? a+ t~ • To Be Published on or before July 21, 2004 [MAP OF TROPIC VISTA 1vTSBU] NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS Notice is hereby given that the Board of County Commissioners of Martin County, Florida, will conduct a public hearing to consider creation of the Tropic Vista Municipal Service Benefit Unit, as shown above, and to impose special assessments against certain parcels of property located therein. The hearing will be held at P.M., or as soon thereafter as the matter can be heard, on August 10, 2004 in the County Commission Chambers of the Martin County Administration Building at 2401 S.E. Monterey Road, Stuart, Florida for the purpose of receiving public comment on the proposed Tropic Vista MSBU and assessments. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the County Administrator at (772) 221-2360, or in writing to 2401 S.E. Monterey Road, Stuart, Florida 34996, at least three days prior to the public hearing. If you are hearing or voice impaired, please call (772) 288-5940. All affected property owners have a right to appear • at the hearing and to file written objections with the Board of County Commissioners within 20 days of this notice. If a person wishes to appeal any decision made by the Board of County Commissioners 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. The Assessments have been proposed to reimburse the Village of Tequesta for the cost of construction of water distribution facilities. The assessment for each parcel of property will be based upon the number of equivalent residential connections attributable to such parcel. Amore specific description is set forth in the Initial Assessment Resolution adopted by the County Conunission on July 13, 2004. Copies of the Initial ~ Assessment Resolution and the preliminary Assessment Roll are available for inspection ~' at the offices of the County Administrator, located at 2401 S.E. Monterey Road, Stuart, ~+ Florida. "' n The assessments will be collected on the ad valorem tax bill, as authorized by ~,~ Section 197.3632, Florida Statutes. Failure to pad the assessments will cause a tax ~' rn certificate to be issued against the property which may result in a loss of title. The ,~ County Commission intends to collect the assessments in 20 annual assessments, the first • A-1 1 L~ Fd firm rn > , • of which will be included on the ad valorem tax bill to be mailed in November 2004. Future annual assessments may be prepaid at the option of the property owner. If you have any questions, please contact the Martin County Utilities and Solid Waste Department at 7721223-7959. MARTIN COUNTY, FLORIDA • • A-2 n Y~1 A~ I I ~~ F) •n ~? t-? ~a .~ a APPENDIX B FORM OF NOTICE TO BE MAILED • • n V '~ ryy ~`M`1 ~ l'~ •n ~? Fi F+ ,~~ ~' _y MARTIN COUNTY, FLORIDA UTILITIES AND SOLID WASTE DEPARTMENT John Polley, Director Phone: 772/221-1442 [Property Owner Name] [Street Address] [City, State and zip] _, 2004 Re: Parcel Control Number [Insert Number] Tropic Vista Municipal Service Benefit Unit Dear Property Owner: Post Office Box 9000 Stuart, Florida 34995-9000 As you should be aware, a municipal service benefit unit is being created to provide potable water distribution service to your property through the Village of Tequesta (the "Village"). Water distribution facilities will be constructed by the Village to provide these services. The cost of these facilities will be funded by assessments against the property to be served. The assessment for each parcel of property is based on the number of equivalent residential connections ("ERCs") attributable to the property. A more specific description of the assessment program is set forth in the Initial Assessment Resolution adopted by the County Commission on July 13, 2004. Copies of the Initial Assessment Resolution, the plans and specifications for the water distribution facilities, and the preliminary Assessment Roll are available for your review at the offices of the County Administrator, located at 2401 S.E. Monterey Road, Stuart, Florida, and the Martin County Utilities Department, located at 2378 S.E. Ocean Boulevard, Stuart, Florida. Information regarding the assessment for your specific property, including the number of ERCs, is attached to this letter. The Village intends to finance the cost of this assessment project. This will permit the cost attributable to your property to be amortized over a period of twenty (20) years. However, you may choose to prepay your assessment in full ($5,974.00 per ERC) and avoid the additional financing cost. Please do not send payment now. If the assessments are imposed, you will receive a separate notice of the date and place for payment. • B-1 C n N ~,~ ~i rn ~? ~~ ,~ a If you do not choose to prepay during the period described in the next notice, the • amount necessary to pay your assessment in full will be increased to cover interest for the balance of the fiscal year. The County and the Village anticipate that the addition of interest will increase the prepayment amount by approximately _ percent to $ per ERC. The annual assessment will include your share of the collection cost and the amount Florida law requires the County to discount receipts for its annual budget. The maximum annual assessment is estimated to be $ per ERC. The County intends to include annual assessments on your ad valorem tax bill. 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 Board of County Commissioners will hold a public hearing at P.M., or as soon thereafter as the matter can be heard, on August 10, 2004, in the County Commission Chambers of the Martin County Administration Building at 2401 S.E. Monterey Road, Stuart, Florida, for the purpose of receiving comments on the proposed assessments, including collection on the ad valorem tax bill. You are invited to attend and participate in the public hearing or to file written objections with the County Commission prior to or during the hearing. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, • you 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. If you are a person with a disability who needs any accommodation or an interpreter to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the County Administrator at (772) 221- 2360, or in writing to 2401 S.E. Monterey Road, Stuart, Florida 34996. If you are hearing or voice impaired, please call (772) 223-7959. Questions regarding your assessment and the process for collection may be directed to Nancy Shutts at (772) 223-7959. MARTIN COUNTY, FLORIDA UTILITIES AND SOLID WASTE DEPARTMENT C7 B-2 r ^~! r ~~ ~ti^ ~~ /~ y; rn r rt ~ ~~a ~- ,~ • * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * ~ TROPIC VISTA MUNICIPAL SERVICE BENEFIT UNIT [Property Owner Name] Parcel Control Number [Insert Number] Total number of ERCs attributed to property: [Insert Number] Initial prepayment amount (excludes interest): [Insert Amount] Adjusted prepayment amount (includes interest): [Insert Amount] Number of annual payments: 20 Maximum annual payment: [Insert Amount] Expected date of first bill: November 2004 Total amount of annual payments: [Insert Amount] Expected date of last bill: November 2023 * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE 0 n ~,~ t-~ in G? • ~~ N B-3 ' n N ,~~~. '~ • APPENDIX C LEGAL DESCRIPTION OF PROPERTY LOCATED IN TROPIC VISTA MSBU • C] r V r, i1 F-+ ~~ 'n ~~ N in a ~ ~~ ., ,~ ~ ~- • LEGAL DESCRIPTION OF PROPERTY LOCATED IN TROPIC VISTA MSBU Lots 2.1 and 2.2 of Block 2; Lots 4.0 and 4.1 of Block 4; Lots 6.0 and 6.1 of Block 6; Lots 8.0 and 8.1 of Block 8; Lots 10.0 and 10.1 of Block 10; Lots 12.0 and 12.1 of Block 12; Lots 14.0 and 14.1 of Block 14; and Lots 16.0 and 16.1 of Block 16 all within the plat of Jupiter Acres as recorded in Plat Book 3, Page 52, public records of Martin County, Florida; and Lots 25, 26, 27 and Lots 29 through 37 (inclusive) of Block 8; Lots 4 through 19 (inclusive) of Block l; Lots 12 through 22 (inclusive) of Block 2; Lots 9 through 27 (inclusive) of Block 3; Lots 4 through 27 (inclusive) of Block 4; and Lots 4 through 14 (inclusive) of Block 5, all within the plat of Tropic Vista as recorded in Plat Book 3, Page 69, public records of Martin County, Florida. • n n H ~,~ ~~ iq ~,n G? ~! F+ rn tJ