Okaloosa County BOCC — May 6, 2014 — MSBUpolicy_GTS-3--20140428-REVISED — reading text

appraiser, and tax collector agree) By June 1 Property Appraiser provides local government with legal descriptions, names and addresses of the property owners within boundary of MSBU Between January 1 to September 15 20 Days Prior to the public hearing to adopt a non ad-valorem roll local government shall notice the hearing by U.S. Postal first-class mail and by newspaper. The notice by mail shall be sent to each property owner that shall be subject to the assessment Between January 1 and September 15 Local government adopts a non ad-valorem roll at public hearing if: 1) Non ad-valorem assessment is levied for the first time 2) assessment is increased beyond the maximum rate authorized 3) upon any boundary changes 4) upon change of purpose or use of revenue Between January 1 and September 15 Written Objections – Property owners have a right to appear at the hearing and to file written objections with the local government within 20 days of the notice Local government makes agreement with Property Appraiser and Tax Collector for providing reimbursement of administrative costs. (Postage, forms, supplies, etc.) 5 TYPES OF MSBU SERVICES & IMPROVEMENTS Currently there are two (2) types of MSBU Units in Okaloosa County. These are described below. Construction Units • Construction/reconstruction to current County or alternate/interim standards - Area to be improved is platted/dedicated to the public or conveyed through an easement - Area to be improved is currently private; proof of ability to transfer the area to public ownership must be submitted as part of the application for establishment of a MSBU. Construction materials provided by MSBU. Engineering, construction labor and equipment provided by County staff contingent on approval by the Board of County Commissioners. Street Lighting Units • Construction/reconstruction and maintenance. These services are provided by the appropriate power provider • Lights will be installed and subsequently maintained by appropriate power provider COSTS INVOLVED IN THE MSBU PROCESS Costs involved with every Unit: • $100 application fee. The application fee shall not be returned if the MSBU is not established • ½ % Tax Collector commission or 5% Administrative fee for collecting agency (or as addressed on a case-by-case basis for MSBU’s.) • Reserves for contingencies/cash balance forward 6  • Any costs incurred for advertisement and publications • Additional Construction Unit costs • Annual repayment of financing, if required • Materials and right-of-way costs (All labor and equipment will be provided by County staff, contingent on Board of County Commissioner approval.) • Interest on any funds borrowed through the construction period, if required Additional Street Lighting Unit costs: • Installation costs and facilities costs as provided by the power provider • Reserves which total 120% of annual estimated expenditures MSBU BOUNDARIES Municipal Service Benefit Units (special assessment Units) may be created for the following types of areas in Okaloosa County: • Platted, unplatted, or metes and bounds, where area to be improved is public 1. Initial Request for MSBU Procedures Interested homeowners should send a letter, or call, requesting, “Guidelines and Procedures” for the establishment of a special assessment Unit to: Okaloosa County Public Works 1759 South Ferdon Blvd. Crestview, Florida 32536 (850)689-5772 The request must identify: • the area affected (e.g., community, subdivision or street) • the type of improvement involved (e.g., paving and drainage or street lighting) 7  • the type of Unit contemplated (i.e., construction or street lighting) 2. Application for Unit Public Works will provide the “Guidelines and Procedures” booklet to use in requesting establishment of a Unit. The necessary information and completed forms are returned to Public Works as the formal application for a Unit, along with a $100.00 application fee. An informative letter can be mailed by U.S Postal first-class mail, if deemed necessary, to all of the property owners in the proposed area to be improved or a meeting may be scheduled to advise the property owners of the submitted application for an MSBU. 3. Petition Submission The Board of County Commissioners has determined that a petition serves as an indicator of the amount of community interest for a proposed project. The petition process is not a requirement of Florida Law. The petition will be provided to the Unit Liaison. 4. Petition Acceptance The Board of County Commissioners shall consider petitions signed by at least 66% (51% for Street Lighting Units) of the current property owners (number of owners) representing at least 66% (51% for Street Lighting Units) of the properties (number of lots) within the Unit boundaries. If the petition meets the above requirements and is accepted by the Board of County Commissioners, a public hearing shall be authorized for the consideration of an ordinance to establish the Unit. Please note that once the petition is accepted and a public hearing is authorized, the petition is not binding as to a final determination by the Board of County Commissioners to proceed with the project. 5. First Public Hearing When the proposed ordinance and all documents are in order and a public hearing date is scheduled, legal notices will be published in the newspaper. In addition, notification will be mailed by U.S Postal first-class mail to all property owners listed on the tax roll within the proposed Unit. 8  At the public hearing, the Board of County Commissioners may consider comments, objections, and information relevant to the creation of the Unit. The County Commissioners may enact or deny the ordinance. If the ordinance is enacted, it will be officially recorded the Okaloosa County Clerk’s Office, reflecting the preliminary assessment amount for each property. 6. Implementation The final engineering plans are prepared by County staff, contingent upon approval of the Board of County Commissioners. Upon completion of the final engineering plans, if the total project cost is 20% or more over the preliminary cost estimates, an additional petition process will be conducted and an additional public hearing will be held by the Board of County Commissioners to determine if the affected citizens desire the project to continue. Notices for this public meeting will be published in the newspaper; notification will also be mailed by U.S Postal first-class mail to all property owners listed on the tax roll within the proposed Unit. 7. Final Public Hearing After construction is complete, all costs relating to the project are compiled by Public Works. The Board of County Commissioners is requested to authorize a Final Public Hearing to adopt the Final Assessment Resolution or enact an Amended Ordinance. All property owners listed on the roll within the Unit will be notified of the Public Hearing and the results. The assessment will be imposed and collected immediately after the Board authorization and the final adjusted assessments will be recorded with the Okaloosa County Clerk’s Office. Notification and action concerning subsequent annual increases or decreases in the yearly assessments will be governed by: - Requirements of Florida Statutes; - County policy; and - On-going coordination mechanisms between the District and County identified in the Detailed Procedures DISSOLUTION PROCEDURES FOR MSBUs Upon written request, the County will provide guidelines for dissolving an existing Unit. The steps to take in requesting dissolution of a Unit are: 9  • Submission of an application to dissolve the Unit and $100 application fee. • Submission of a petition which includes a statement regarding funding to pay for any outstanding financial obligations and distribution of credits of the Unit. • The petition, to be considered, must be signed by at least 66% (51% for Street Lighting Units) of the current property owners (number of owners) representing at least 66% (51% for Street Lighting Units) of the assessed properties (measured consistent with the method of assessment) within the Unit boundaries. • Notice and Public Hearing by the Board of County Commissioners to establish final assessments EXCEPTIONS TO THE GUIDELINES The Board of County Commissioners may address exceptions to any of the guidelines on a case-by-case basis. QUESTIONS? Contact the Okaloosa County Public Works 850-689-5772 NOTE: Detailed Procedures for each type of Unit should be consulted for more specific information concerning requirements and procedures. 10 DETAILED PROCEDURES, CONSTRUCTION UNITS 11  CONSTRUCTION UNITS DETAILED PROCEDURES Initial Request for MSBU Procedures Upon request of the procedures to establish an MSBU, Public Works will forward a copy of the “Guidelines and Procedures” booklet to the requestor. The request should be made to: Okaloosa County Public Works 1759 South Ferdon Blvd. Crestview, Florida 32536 (850)689-5772 The request must identify: • the area affected (e.g., community, subdivision or street) • the type of improvement involved (e.g., paving or drainage) • the type of Unit contemplated (i.e., construction or street lighting) Application for Unit In order to proceed with establishing a Unit, interested homeowners must submit the following as the official request for consideration: 1. Scope of Services for the proposed improvement or construction. • Thoroughness in describing the desired scope of services is important as it is the key to the development of more accurate preliminary cost estimates. 2. A map depicting the proposed Unit boundary. • Boundaries must be continuous and not split parcels or lots. Enclaves are not allowed if the reason is to remove a lot or lots because the property owner is not in favor of the establishment of the