Placement: Resolutions / Public Hearing
Action Requested: Motion / Vote
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Resolution 22-R74, Public Hearing, Creating New Ballot-Successful Port St. Lucie Residential Street Lighting Assessment Area Boundaries
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Submitted By: Sally Walsh, City Clerk
Strategic Plan Link: The City’s Mission to be responsive to our community.
Executive Summary (General Business): Sec. 161.08 of the City’s Code of Ordinances provides for the creation of additional street lighting assessment areas in the City. Upon the twenty-five (25) percent threshold being met under Sec. 161.08(B)(1)(a), an election regarding street lighting was conducted by the City Clerk who sent a ballot by U.S. mail, to the mailing address set forth in the St. Lucie County Property Appraiser's records for each lot, parcel, or tract, located within the proposed new street lighting area. A new assessment area is created if an affirmative vote of fifty (50) percent plus one (1) of the eligible votes cast. Ballots were tallied and by a vote of 50% plus 1 of the eligible votes cast, 5 new lighting assessment areas were created.
Presentation Information: N/A
Staff Recommendation: Move that the Council approve Resolution 22-R74.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve Resolution 22-R74.
2. Move that the Council not approve Resolution 22-R74 and provide staff direction.
Background: Pursuant to Ch. 161 of the City’s Code of Ordinances, “Assessment area” shall mean an area identified by city resolution wherein, pursuant to the request of affected property owners, the city council has determined to provide residential street lighting and assessed the benefitted property the costs of providing the same. Sec. 161.08(A) of the City’s Code of Ordinances requires that before residential street lighting services are extended to a new assessment area, the council shall hold a public hearing after publishing notice of such hearing in a newspaper of general circulation in the city, one time, not more than ten (10) days before the date set for such hearing and after sending a copy of said notice by regular mail to the record title holders as shown in the latest records of the county property appraiser of all property to be assessed. Said notice shall, in general, describe the street lighting to be undertaken, its location, the estimated cost thereof, and a description of the properties specially benefited against which the assessment is to be levied.
Resolution 22-R74 has been advertised as a Public Hearing to accept comments before residential street lighting services are extended to new assessment areas.
Issues/Analysis: Sec. 161.08(B) of the City’s Code provides that no new residential street lighting assessment area shall be considered, except in an emergency, until certain conditions have been met.
Financial Information: The 2021 street lighting assessment rate was $26 yearly per lot. Assessments for the successful elections will be placed on the property owners tax bill to be mailed in November 2023. The City Council will consider the rate at a later hearing date. The estimates of costs and assessments may be based upon the costs and assessments of previous years.
Special Consideration: Sec. 161.08(A) of the City’s Code of Ordinances requires that before residential street lighting services are extended to a new assessment area, the council shall hold a public hearing. The City Clerk has sent out Hearing Letters to each affected property owner who have a right to appear at the hearing and may file written objections with the Council.
Location of Project: Boundary #610 - Port St. Lucie Section 13, SE Cable Terrace, Boundary #620 - Port St. Lucie Section 21, SW Kadlic Street, Boundary #621 - Port St. Lucie Section 35, SW Fairgreen Road, Boundary #624 - Port St. Lucie Section 25, NW Riverside Drive, Boundary #626 - Port St. Lucie Section 48, NW Rugby Drive.
Attachments:
1. Resolution 22-R74
2. Final Hearing Letter -Boundary #610 - Port St. Lucie Section 13, SE Cable Terrace
3. Final Hearing Letter -Boundary #620 - Port St. Lucie Section 21, SW Kadlic Street
4. Final Hearing Letter -Boundary #621 - Port St. Lucie Section 35, SW Fairgreen Road
5. Final Hearing Letter -Boundary #624 - Port St. Lucie Section 25, NW Riverside Drive
6. Final Hearing Letter -Boundary #626 - Port St. Lucie Section 48, NW Rugby Drive Drive
7. Legal Ad Publication
8. Published Legal Ad Affidavit
9. Resident Comment
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 8437
Legal Sufficiency Review:
Reviewed by Frank Moehrle, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.