HomeMy WebLinkAboutDocumentation_Regular_Tab 05B_06/10/2004 �
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RESdi.UTION 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 VI5TA 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 atta.ched to this Resolution and incorporated.
THE FOREGOING RESOLUTION WAS OFFERED by Council Member
, who moved its adoption. The motion was seconded by Council Member
, and upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
i' The Mayor thereupon declared the Resolution duly passed and adopted this l O day of June,
; 2004.
MAYOR OF TEQUESTA
Pat Watlzins
ATTEST:
Mary Miles, Viltage Clerk
DRAFT n'•z. n—��3• OG/Ol/04 (
This instrument was prepared by or under the supervision
of (and after recording should be retumed to):
George H. Nickerson, Jr., Esq.
Nabors, Giblin & Nickerson, P.A.
2502 Rocky Point Drive, Suite 1060
Tatn , Floridl3 3607 S ace reserved for Clerk of Court
INTERLOCAL AGREEMENT RELATING TO THE CONSTRUCTION
4F WATER DISTRTBUTION 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 l. AUTHORITY FOR INTERLOCAL AGREEMENT ...................... 6
SECTION2. -DEFINITIONS ............................................................................... 6
SECTION 3. -1NTERPRETATION ...................................................................... 9
SECTION 4. -CAPITAL COST ............................................................................9
SECTION 5. ASSESSIVIENTS ..........................................................................10
SECTION 6. -VILLAGE OBLIGATIONS ..........................................................11
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
SECTION13. FILING ............................................................:.............................14
SECTION 14. LIMITED LIABILITY ..................................................................14
SECTION 15. DISPUTE RESOLUTION .............................................................14
SECTION 16. AMENDIVIENTS ...........................................................................16
SECTION 17. PROFESSIONAL FEES AND COSTS ..........................................16
SECTION 18. ASSIGNMENT .............................................................................17
SECTION 19. NON-WAIVER .............................................................................17
SECTION 20. NOTICES ......................................................................................17
SECTION 21. EXECUTION IN COUNTERPARTS ............................................18
SECTION 22. SEVERABILITY ...........................................................................18
SECTION 23. ENTIRE AGREEMENT ................................................................18
SECTION 24. BINDING EFFECT .......................................................................19
SECTION 25. APPLICABLE LAW .....................................................................19
SECTION 26. EFFECTIVE DATE .......................................................................19
1
INTERLOCAL AGREEMENT RELATING TO THE CONSTRUCTION
OF WATER DISTRIBUTION FACILITIES IN THE TROPIC VISTA
MUNICIPAL SERVICE BENEFIT UlvIT
TffiS IN1'ERLOCAL AGREEMENT is made and entered into as of 3�
�-SJuly� 1, 2004, by and between Martin County, Florida and the Village of Tequesta,
Florida (collectively, the "Parties").
WITNESSETFI:
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 e�sting water distribution facilities; and
WHEREAS, the lack of potable water service is a health issue and the County
wants to protect the healtb, safety and welfare of its residents; and
WHEREAS, the properiy in the proposed Tropic Vista MSBU is adjacent to a
geographic area akeady served by water distribution facilities owned by the Village; and
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
Distriburion 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
WHEREAS, Part I of Chapter 163, Florida Statutes (the "Act"), permits the
Village and the County, as public agencies under the Act, to enter into interlocal
agreements with each other to jointly exercise any power, privilege or authority which
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they share in common and which each might exercise separately, permitting the Village
and the Cou.nty 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 organizarion 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
bv 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)
e�ctend 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
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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 fmance the costs 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 canclusively acknowledged, the parties
hereto agree as follows:
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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. DEFIrTITIONS. Any capital used terms used herein
but not otherwise defined below sha11 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 Resolutian.
"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 properiy in the Tropic Vista MSBU, and related expenses,
as described in the Initial Assessment Resolution.
"Capital Cost" means all or any portion of the expenses that are properly
attributable to the acquisition, design, construction, and installation (including
demolition, environmental mitigation and relocation) of the Water Distribution Facilities,
Capital Connection Charges, including but not limited to, impact fees, inspection fees,
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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
char�es surchar�es and fees authorized by ��T����� ��'�'��cnT r TTTnrt
,����Q�'`Tr�'�h 74 of tl�e Villa�e of Tec�uesta Code as amended includin�
char�es as to capacity reservation svstem impravement maintenance and expansion, and
im�act fees.
"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
conrinuing through the next succeeding September 30, or such other period as may be
determined by mutual agreement of the County and the Village.
7
"Initial Assessment Resolution" means the proposed Initial Assessment
Resolution relating to the Assessments to be adopted by the County pursua.nt to the
procedures set forth in the Ordinance, atta.ched hereto as E�ibit A.
"Initial Prepayment Amount" means the amount computed pursuant to
the Initial Assessment Resolution for each T� Pazcel located in the proposed Tropic
Vista MSBU to prepay the Assessment prior to issua.nce 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.
"Tropic Vista MSBU" means the proposed Tropic Vista Municipal 5ervice
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 Viilage to fmance the Capital Cost of the Water Distributian Facilities.
8
"Village S,�stem" means the facilities owned and/or operated by the Village,
including but not limited, ta notabie water sup�lv, t�•eatment, stora�e t��nsmission and
dishiburion facilifiies, currentiv and in the future, used to provide potable water seivice ta
the water service area and ather areas served b� the Village system.
"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 s, upnlv and ��r�treatment of potable water for the properiy
located in the Tropic Vista MSBU.
SECTION 3. INTERPRETATION. Words importing the singular
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 aga,inst any party regardless that such party, or its
counsel, drafted this Agreement.
SEC1'ION 4. ---CAPITAL COST. The estimated Capital Cost for the
Water Distribution Facilities is $_- �---�--,�38 166,00, as shown on E�iibit B which is
9
attached hereto and incorporated herein. The County intends to impose Assessments, as
set forth in the Inirial Assessment Resolurion, with an Initial Prepayrnent Amount of
$ 5,974.00 per ERC against property located within the Tropic Vista. MSBU to fund
a portion of the Capital Cost. The parties estimate that 108 ERCs will be assigned to
property located within the Tropic Vista MSBU, which would result in an aggregate
Initial Prepayment Amount of $_ 645,192.Q0 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.
-----(A) 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
sha11 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�0% (which
is the estimated true interest cost on the Village Obligations, inclusive of all fmancing
costs), and (C) the term of the Assessments shall be r, n�j�n 20) years
commencing with the mailing of the November 2004 ad valorem tax bill and ending with
the mailing of . the November 20�23 ad valorem tax bill. Upon imposition of the
Assessments, the County will record the fmal assessment resolution in the Official
10
Records Book in the office of the Martin County Clerk of Courts to provide notice to
property owners of future annual Assessment installments.
SECTION 6. VILLAGE OBLIGATIONS. Following imposition
of the Assessments by the County, the Village shall use its best efforts to issue the
Village Obligations, bearing interest at fixed rates consistent with the prevailing market,
in a principal amount sufficient to fund the Capital Cost of the Water Distribution
Facilities plus any costs of issua.nce 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 CON5TRUCTION. The Village
agrees to design, conshuct and own the Water Distribution Facilities and shall obtain all
necessary approvals from any and all governmental agencies requisite to the construction
of such Water. Distribution Facilities. —The Water Distribution Facilities shall be
constructed by the Village ta expand the cu� Villa�e Svstem in accordance with
11
sound engineering practices and in compliance with all state and locallaws, ordinances
and regularions applicable thereto.- Neither the County nor the Village shall unreasonably
withhold issuance of a pernut 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.
SEC1'ION 8. POTABLE WA1'ER 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
resolurions.— 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 T� Colleetor on
compatible electronic medium for each Fiscal Year, as required by Section 197.3632,
Flarida Sta.tutes, and will collect any initial, addirional or mandatory prepayment of the
12
Assessments pursuant to the Initial Assessment Resolution. -�€�e�-��� �ri�--*�
� �
�#�-�ss�°r*����e-fi����e-All proceeds of the assessments received by
the Martin Countv Utilities and Solid Waste De���tment from the Nlartin Countv Tax
Collector shall be paid to the Villa�e. 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 Distriburion Faciliries or repayment of the Village Obligations. Should the
Countv incur anv Collection Costs as defned in the Itutial Assesslnent Resolution,Zfor
which it has not been reimbursed, the County shall send a separate bill to the Villa�e for
such amaunt. In the event the County has tiot received paXrrient for any se�arate bill
within 60 days of presentnient, the County reserves the ri�ht to deduct such �ollection
Cnsts from the proceeds of the Assessments paid to the Village.
SECTION 10. INITIAL ASSESSMENT RESOLUTItJN. The County and
the Village hereby approve the Initial Assessment Resolution substantially in the form
attached hereta as E�ibit 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.
5ECTIO�T 11. TERM OF INTERLOCAL AGREEMENT. This
Interlocal Agreement shall terminate upon the final remittance of Assessments from the
13
County to the Village.- and the Villa Te#., 's ri�ht to service shall l�e gaverned l�y Section 12
belaw.
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 be i�nning with the com�letion date of the Water
Disti•ibution F�cilities, commensurate with the useful service life of the Water
Distribution Facilities.
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 Caunty, Florida..
SECTION 14. LIMI1'ED LIABILI7'Y. 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.
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, ta discuss the issues.
(C) If discussions between the parties fail to resolve the dispute within 60 days
of the notice described in subsection (A) above, the parties shall appoint a mutually
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 by
written notice to the other party. In such event, any party may initiate litigation within
120 days of the notice ternunating the settlement discussions. Failure by the party
15
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.
(E) Each party shall pay the fees, charges and expenses of its own counsel and
witnesses.
SECTION 16. AMENDMENTS. This Interlocal Agreement may be
amended in writing at any time by the concurrence of the County and the Village and
subsequent ratification by each party's respective governing body. However, this
Interlocal Agreement may not be amended so as to (A) pemut 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 intea�est 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 tlus 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.
16
SECTION 18. AS5IGNMENT. 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.
SECTION 19. NON-WAIVER. The failure of either party to insist upon
the other pariy's compliance with its obligations under this Interlocal Agreement in any
one or more instances shall not operate to release such other party from its duties to
comply with such obligations in all other instances.
SECTION 20. NOTICES. All notices, certificates or other communications
hereunder sha11 be su�ciently 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:
17
County: Martin County Utilities and Solid Waste Department
P.O. Box 9000
Stuart, Florida 34995-9000
ATTENTION:- Director,
Utilities and Solid Waste ���i�e�Uepartment
Phone: (772)223-7942
Facsimile: (772) 221-1447
Village: Village of Tequesta
Z50 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 sha11
be an original and all of which shall constitute but one and the same instrument.
SECTION 22. SEVERABILII'Y. In the event that any provision of this
Interlocal Agreement sha11, for any reason, be determined invalid, illegal or
unenforceable in any respect by a court of competent jurisdiction, the other provisions of
this Interlocal Agreement shall remain in full force and effect.
SECTION 23. ENTIRE AGREEMENT. This Interlocal Agreement and
the exhibit attached hereto constitute the entire agreement between the parties pertaining
to the Water Distribution Faciliries, the Assessments and the subject matter hereof and
18
may not be modified orally or otherwise except by written amendments executed by each
party hereto.
SEC1'ION 24. BINDING EFFECT. The obligations and covenants of this
Interlocal Agreement shall bind and benefit the successors, personal representatives, heirs
and pernutted assigns of the parties hereto.
SECTION 25. APPLICABLE LAW. This Interlocal Agreement sha11 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]
19
IN WI1'NESS WHEREOF, this Interlocal Agreement has been executed by and
on behalf of the County by its Chairtnan, its seal affixed hereto, as attested by its Clerk as
all of the day of 3�eJulv, 2004.
BOARD OF COUNTY
COMMIS5IONERS OF MARTIN
COUNTY, FLORIDA
(SEAL)
ATTEST:
B
Doug Smith, Chairman
By:
Marsha Ewing, Clerk
APPROVED AS TO FORM AND
CORRECTNESS
B
Stephen Fty, County Attorney
STATE OF FLORIDA
COUNTY OF MARTIN
The foregoing instrument was acknowledged before me tlus day of 3�eJulv, �
2004, by , Chauman of the Board of County Commissioners of
Martin County, Florida, who is personally known to me/has produced
as identification.
PrintedJTyped Name:
(SEAL) Notary Public-State of Florida
Commission Number:
20
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and
on behalf of the Village by its , its seal affixed hereto, as attested by its Clerk
a11 as of the day of �Ju1v, 2004.
VILLAGE OF TEQUESTA, FLORIDA
(SEAL)
ATTEST:
By:
B
Mary Miles, Clerk
APPROVED AS TO FORM AND
CORRECTNESS
By:
Scott G. Hawkins, Village Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of �4a�Julv, �
2004, by , the of the Village of Tequesta,
Florida, who is personally known to me/has produced as
identif'ication.
Printed/Typed Name:
(SEAL) Notary Public-State of Florida
Commission Number:
21
EXHIBIT A
FORM OF Il�TITIAL ASSESSMENT RESOLUTION �
EXHIBIT B
ESTIMATED CAPITAL COSTS
DESCRIPTION COST
Construction $431,092
Contin�encY 32,000
En�ineerin� 36,000
Professional Fees 35,000
Capital Connection Char�es 304,074
$838,166
B-1 I
DRAFT �' •���'�-3: 06/Ol/04 �
MARTIN C4UNTY, FLORIDA
TROPIC VISTA
MUNICIPAL SERVICE BENEFIT UNIT
INITIAL ASSESSMENT RESOLUTION
ADOPTED d�A�T�--�JI1LY 13, 2004 �
TABLE OF CONTENTS
PAGE
ARTICLE I
DEFINITIONS AND CONSTRUCTION
SECTION DEFINITIONS ............................................................................1
SECTION 1.02. INTERPRETATION ................................................................... 6
SECTION 1.03. LEGISLATIVE FINDINGS ........................................................7
ARTICLE II
NOTICE AND PUBLIC HEARIl�IG
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. DESCRIPTION OF PROPOSED TROPIC VISTA MSBU .......13
SECTION 3.02. IMPOSITION OF ASSESSMENTS ..........................................13
SECTION ERCS ........................................................................................13
SECTION 3.04. PREPAYMENT AMOUNTS ....................................................14
SECTION 3.05. COMPUTATION OF ASSESSMENTS ....................................15
SECTION 3.06. INITIAL PREPAYMENT OPTION ..........................................17
SECTION 3.07. ADDITIONAL PREPAYMENT OPTION ................................17
SECTION 3.08. MANDATORY PREPAYMENT ..............................................18
ARTICLE IV
GENERA.L PROVISIONS
SECTION 4.01. METHOD OF COLLECTION ..................................................19
SECTION 4.02. SEVERABILITY ......................................................................19
SECTION 4.03. EFFECTIVE DATE .................................................................. 20
i
APPENDIX A- FORM OF PUBLISHED NOTICE
APPENDIX B- FORM OF MAILED NOTICE
APPENDIX C- LEGAL DESCRIPTION OF PROPERTY LOCATED IN TROPIC
VISTA MSBU
ii
RE50LUTION NO. 04-
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
MLTNICIPAL 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
N4TICE; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MARTIN COUNTY, FLORIDA, AS FOLLOWS:
ARTICLE I
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. DEFINITIONS. As used in this Resolution, the following
terms shall have the following mea.nings, unless the context hereof otherwise requires.
"Adjusted Prepayment Amount" means the amount required to prepay the
Assessment for each Tax Parcel located 'm 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 ta�r bill and ending after payrnent of the November 20�23 ad valorem
tax bill unless otherwise prepaid pursuant to the provisions herein.
"Assessment Roll" means a non-ad valorem assessment roll relating to the Water
Distribution Facilities.
"Board" means the Board of County Commissioners of Martin County, Florida.
"Capital Cost" means all or any portion of the expenses that are properly
attributable to the acquisition, design, construction, and installation (including
demolition, environmenta.l mitigation and relocation) of the Water Distribution Facilities,
Capital Connection Charges, including but not limited to, unpact fees, inspection fees,
meter installation charges, ta.pping 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 loa.n for such purposes.
"Capital Connection Charges" means the capital connection charges and all
Ch�r�es surchar.�es and fees authorized by fTATCG�?T vrr r nr r�nr��ir��cnr T7Ti(IT�T
����'�'�''`T�`�' 74 of the Vill�� af Tec�uesta �ade, as �mended, includin�
2
char�es as to canacitv reseivatian svstem im�rovement mainte.nance 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 TaY Parcel
pursuant to Section 3.05(B) hereof.
"County" means Martin County, a political subdivision of the State of Florida.
"County Administrator" means the chief executive officer of the County, or
such person's designee.
"Dwelling Unit" means a building, 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 determu�ed 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
3
property or other factors affecting the demand for potable water, as determined for each
T� 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 year 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
agrees to deliver the Village Obligations against payment therefor by the purchaser or
underwriter of such Village Obligations.
"Government Property" means property owned by the United Sta.tes of America
or any agency thereof, the Sta.te 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 T� 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 3��Ju1x 1, 2004, between the County and the Village.
4
"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" mea.ns 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.
"Single-Family Dwelling Unit" means one Dwelling Unit located on a single
Lot.
"State" means the State of Florida.
"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 properiy 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
5
assessments on the same bill as ad valorem ta�ces, and any applicable regulations
promulgated thereunder.
"Village" means the Village of Tequesta, a municipal corporation duly organized
and validly e�usting under the laws of the State of Florida.
"Village Obligations" means the notes, bonds or other evidence of indebtedness
issued by the Village to fmance a portion, or a11 of, the Capital Cost of the Water
Distribution Facilities.
"�illage Payment Component" means the amount computed for each Tax Parcel
pursuant to Section 3.05(A) hereof.
"Villa�e Svstem" means the facilities owtied and/or a�erated bv the Vill��e,
inchidin�but not limited ta potable vv�ter supplv tre�tment stora�e tr�tlsmissiotl an�
dist�ibution facilities cu1 and in the future used to�rovide otable water service ta
the water service aY°ea and other areas served by the Village Svstem.
"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 su 1 and s��r�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
6
versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms
refer to this Resolurion; a.nd 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 ascertain�d,
determined and declared that:
(A) Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and
125.66, Florida Statutes, grant to a board of county commissioners a11 powers of local
self-government to perform county functions and to render services for county purposes
in a ma.nner 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 lacated therein.
(C) The private wells currently serving the properiy 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 e�usting water distribution facilities.
7
(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 area akeady served by ^*° a�°'��'� �+;^� ��;''�;°" °°'�-'-�-the Village
System•
(G) The Village has available the current and futu.re capacity necessary to
provide potable water service to the region where the proposed Tropic Vista MSBU is
located.
(H) The Village is willing to invest in the construction of the Water Distribution
Facilities and to own said facilities to serve the Tropic Vista. MSBU 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 a�-�3ot less th�.n 30 years be i� nnin� with the cc�mpletion date of the Water
Dishibutian Facilities, commensurate with the useful service life of the Water
Distribution Facilities.
(I) While not legally necessary to unpose 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.
8
(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
defined in the Ordinance and herein, and permit the Village to provide potable water
service to property located within the Tropic Vista MSBU.
(L) The Board desires to create the Tropic Vista. MSBU to allow the Villa�e to
fund construction of the Water Distribution Faciliries and finance the Capital Connection
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 fmancial impact on the owners of property located
within the Tropic Vista. MSBU, the Interlocal Agreement limits the Initial Prepayment
Amount to $__-5,974.OQ per ERC, with the remaining Capital Cost to be funded by
9
the Village. Accordingly, the Initial Prepayment Amount for each Tax Parcel will be
_'��s�-less than the actual construcrion cost attributable to such TaY Parcel.
(0) The Tropic Vista. MSBU includes only Lots for which the applicable land
use plan and zoning categories permit construction of Single-Fa,mily Dwelling Units.
(P) The Board hereby finds and determines that the Assessments to be imposed
in accordance with this Resolution provide an equita.ble method of funding construction
of the Water Distribution Facilities and Capital Connection Charges by fairly an.d
reasonably allocating the cost to specially benefitted property, based upon the number of
ERCs attributable to each parcel or classification of properiy, in the manner hereinafter
described.
10
ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMAI'ED CAPITAL COST. The esrimated Capital
Cost for the Water Distribution Facilities is $_ .838,166.00. The County intends
ta impose Assessments, as set forth herein, with a.n Initial Prepayment Amount of
$_ 5,974.0� 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 ---pe��23% of the esti�ated Capital Cost) will
be funded by the Village.
SECTION 2.02. ASSESSMENT ROLL. Based on informarion to be
provided by the Village, the County Administrator is hereby directed to prepare a fmal
estimate of the Capital Cost of the Water Distribufiion 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
terminal available to the public.
SECTION 2.03. PUBLIC HEARING. A public hearing will be conducted by
the Board at -� P.M., or as soon thereafter as the matter can be heard, on �
11
-�Au�ust 10, 2004, in the County Commission Chambers of the Martin County
Administration Building at 2401 5.E. Monterey Road, Stuart, Florida, to consider (A)
crearion 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.U4. NOTICE BY PUBLICATION. Upon completion of the
materials required by Section 2.02 hereof, the County Admiuustrator shall publish a
notice of the public hearing authorized by Section 2.03 hereof in the manner and the time
provided in Secrion 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 substanrially
the fortn attached hereto as Appendix B.
12
ARTICLE III
ASSESSMENTS
SECTIQN 3.01. DESCRIPTI�N OF PROPOSED TROPIC VISTA
MSBU. The proposed Tropic Vista MSBU sha11 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 sha11 constitute a
lien upon the Taac Parcels located in the Tropic Vista MSBU, pursua.nt to the Ordinance.
5ECTION 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 Secrion
3.03.
(A) It is hereby ascertained, determiued and declared that:
(1) The number of ERCs attributable to property is most accurately
derived from the actual number of Dwelling Units constructed or, in the case of
unimproved property, permitted to be constructed.
13
(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 Taac 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
(appro�umately 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 sha11 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 a11 financing costs) for
the Village Obligations (unless such rate is greater than that used to compute the
ma�mum Assessment included in the notices provided pursuant to Secrion 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
14
Fiscal Year to the Initial Prepayment Amount. The Adjusted Prepayment Amount for
each Tax Parcel shall be revised annually, as provided in Section 3.05(E) hereof.
5ECTION 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 sha11 be computed for each Tax
Parcel in the manner set forth in this Secrion 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
fmancing 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
Prepayment Amount remaining in the Tropic Vista MSBU, and (2) multiplying the result
by the Collection Cost.
(C) STATUTORY DISCOL7NT 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 a.nnual budget, such amaunt to be calculated by deducting (1) the sum
of (a) the Village Payment Component and (b) the Collecrion 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) A5SESSMENT. The annual Assessment for each Ta�c Pazcel 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 AMOLTNT. Upon
certification af the Assessment Roll each �iscal 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
Assessment Roll for the Tax Parcel, from (2) the Adjusted Prepayment Amount (or for
the initial Assessment 1Zo11, the Initial Prepayment Amount) utilized to compute the
annual Assessment included on the Assessrnent Roll for such Tax Parcel.
16
SECTION 3.06. INITIAL PREPAYMENT OPTION. Following adoption
of the Final Assessment Resolution, the County Administrator sha11 provide first class
mailed notice to the owner of each T� Parcel subject to the Assessment of the owner's
option to prepay a11 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 Inirial Prepayment Amount. The amount of all
prepayments made pursuant to this Section 3.06 shall be fma1.
SECTION 3.07. ADDITIONAL PREPAYMENT OPTION. Following the
date specified in the notice provided pursuant to Section 3.06�A} hereof, the owner of
each TaaL Parcel subject to the Assessments shall be entitled to prepay a11 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 a11 notices required to redeem a11 or any portion of the Village
Obligations.
17
SECTION 3.08. MANDATORY PREPAYMENT.
(A) The owner of a Tax Parcel subject to the Assessment shall immediately
prepay a11 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 Obligarions 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.
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. 5EVERABILITY. 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
SECTION 4.03. EFFECTNE DATE. This Resolution sha11 ta,ke effect
immediately upon its adoption.
DULY ADOPTED this �#13th day of �eJulv, 2004. (
BOARD OF COUNTY COMMISSIONERS
OF MARTIN COUNTY, FLORIDA
(SEAL) By:
Doug Smith, Chauman
ATTEST:
By:
Marsha Ewing, Clerk
APPROVED AS TO FORM AND
CORRECTNESS
B
Stephen Fry, County Attomey
20
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
To Be Published on or before ��e-2,?.Tuti� 21 2004 I
(MAP OF TROPIC VISTA MSBU]
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF SPECIAL ASSE5SMEI�TS
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 properiy located therein. The hearing will be held at -� P.M., or as
soon thereafter as the matter can be hea.rd, on 3�-�Au�ust 1 Q, 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 accommodarion in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please conta.ct the Office of the
County Administrator at (772) 221-2360, or in writing to 2401 5.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 norice. If a person wishes to appeal any decision
made by the Board of County Comtnissioners 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 nurnber of equivalent residential connections ariributable
to such parcel. A more specific description is set forth in the Initial Assessment
Resolution adopted by the County Commission on �--�J�1_�L3, 2004. Copies of the �
Initial Assessment Resolution, the plans and specifications for the water distribution
facilities, and the preliminary Assessment Roll are available for inspection at the offices
of the County Administrator, located at 24Q1 S.E. Monterey Road, Stuart, Florida..
The assessments will be collected on the ad valorem taac bill, as authorized by
Secrion 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax
certificate to be issued against the properly which may result in a loss of title. The
County Commission intends to collect the assessments in -----?Q annual assessments, the f
A-1
first of which will be included on the ad valorem t� 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 772/223-7977.
MARTIN COUNTY, FLORIDA
A-2
APPENDIX B
FORM 4F NOTICE TO BE MAIL�D
MARTIN COUNTY, FLORIDA
UTILITIES AND SOLID WASTE DEPARTMENT
John Polley, Director Post Office Box 9000
Phone: 772/221-1442 Stuart, Florida 34995-9000
_, 2004
[Properiy Qwner Name]
[Street Address]
[City, State and zip]
Re: Parcel Control Number [Insert Number]
Tropic Vista Municipal Service Benefit Unit
Dear Property Owner:
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 �--�Julv 13, 2004. Copies of the �
Inirial 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 Administxator, located at 2401 S.E. Monterey Road, Stuart, Florida, and
the Martin County Utiliries 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 attributa.ble to your properiy to be amortized over a period of _
{----t��er� ?0) years. However, you may choose to prepay your assessment in full
($_���,974,�� per ERC) and avoid the additional fmancing 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
If you do not choose to prepay during the period described in the next notice, the
amount necessary to pay yaur assessment in fu11 will be increased to cover interest for the
balance of the fiscal year. The County a.nd the Village anticipate that the addition of
interest will increase the prepayment amount by appro�mately _ 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
ma�umum annual assessment is estimated to be $ per ERC. The County intends to
include annnal assessments on your ad valorem tax bill. Failure ta pay your assessments
will cause a tax certificate to be issued against the properly which may result in a loss of
title.
The Board of County Commissioners will hold a public hearing at �38
P.M., or as soon thereafter as the matter can be heard, on ��--�l�.0 s�u t 10, 2004, in the
County Commission Chambers of the Martin County Administration Buildi.ng 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 ta 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 upan which the appeal is to be made. If
you are a person with a disability who needs any accommodatian 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.
A staff level workshop meeting to discuss and answer questions about the
assessment program will be held on �--��Julv , 2004 in the County Commission �
Chambers of the Martin County Administration Building at 2401 S.E. Monterey Road,
Stuart, Florida, be ninnin g at P.M. If you have questions about the assessment
progam or wish to discuss any objections, please plan to attend.
Questians regarding your assessment and the process for collection may be
directed to at (772) 221-1442.
MARTIN COUNTY, FLORIDA
UTILITIES AND SOLID WASTE DEPARTMENT
B-2
***** 5END NO MONEY NOW. THIS IS NOT AN INVOICE *****
TROPIC VI5TA MUNICIPAL SERVICE BENEFIT UlvIT
[Property Owner Name]
Parcel Control Number [Insert Number]
Tota1 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: 24 �
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 20-�23 �
***** SEND NO MONEY NOW. THIS IS NOT AN INVOICE *****
B-3
APPENDIX C
LEGAL DESCRIPTION OF PROPERTY LOCATED
IN TROPIC VISTA MSBU
LEGAL DE5CRIPTION OF PROPERTY LOCATED
IN TROPIC VISTA MSBU
Lots 2.0, 2.1, 4.0, 4.1, 6.0, 6.1, 8.0, 8.1, 10.0, 10. l, 12.0, 12. l, 14.0, 14.1, 16.0 and
16.1 of Block a11 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 ; 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, Flarida.
TROPIC VISTA MSBU SCHEDULE
February l, 2004 County/Village Meeting on Interloaal Agreement and Initial
Assessment Resolution (the "Documents")
March S, 2004 County/Village Staff Approval of the Documents
March � 2004 Meeting with Bank to Discuss Terms/Cost
Ma.rch 20, 2004 Engineering Design Completed and Bid Specifications Prepared
March 21, 2004 Advertise Bids — Tropic Vista Construction Project
Apri17, 2004 Receive Construction Bids
April u , 2004 Fina1 Terms of Bank Loan Secured via Commitment Letter
June 14, 2004 Agenda deadline for BOCC meeting on July 13, 2004
June 15, 2004 Construction Drawings Complete for Project
July 1, 2004 Village Council Approve Interlocal Agreement
July 12, 2004 Agenda deadline for BOCC meeting on August 10, 2004
July 13, 2004 BOCC Approve Initial Assessment Resolution and Interlocal
Agreement
July 14, 2004 Invitation Letters to Homeowners sent by County to Attend
Public Hearing (8/10/2004) and Homeowner Project Meeting
(?/ /2004); Publish Notice of August 10, 2004 Hearing
July _, 2004 Homeowner Project Meeting — Attended by County and Village
August 10, 2004 BOCC Public Hearing (Time TBD) — Approve Final Resolution
August 1 l, 2004 Award Construction to Bidder
August 11 — September 14, Prepayment Period for Assessment (no interest)
2004 .
August 11, 2004 Notice to Proceed Issued to Approved Bidders
TROPIC VISTA MSBU
SCHEDULE (Cont.)
September 15, 2004 Assessment Roll provided by County to Tax Collector
September 16, 2004 Bank Loan Issued; Prepayment Period Ends
November 1, 2004 Assessments Begin to Affected Homeowners
February 1, 2005 Construction Complete and Customers able to Connect