Okaloosa County BOCC — January 19, 2016 — Draft MSBU Ordinance Pines Triple Lakes

ORDINANCE 16-___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA CREATING THE PINES AND TRIPLE LAKES ESTATES ASSESSMENT MUNICIPAL SERVICES BENEFIT UNIT; MAKING VARIOUS LEGISLATIVE FINDINGS; PROVIDING FOR DEFINITIONS; SETTING FORTH THE ASSESSMENT AND COLLECTION PROCEDURES; PROVIDING FOR THE INITIAL AND FINAL ASSESSMENT RESOLUTIONS; PROVIDING FOR THE ASSESSMENT ROLL; PROVIDING FOR THE CREATION OF A LIEN; AUTHORIZATION OF ALTERNATIVE METHODS OF COLLECTION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the real properties within the boundaries within The Pines and Triple Lakes Estates subdivisions in northern Okaloosa have sought to jointly work with the County to provide needed road paving and ancillary drainage facilities (the “Project”); and WHEREAS, the Board of County Commissioners finds that the most equitable method of providing for the cost of the Project is through the creation of The Pines and Triple Lakes Estates Municipal Services Benefit Unit (the “MSBU”); and WHEREAS, Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, grant to the Board all powers of local self-government to perform County functions and to render services for County purposes in a manner not inconsistent with general or special law; and WHEREAS, in addition to its powers of self-government, the Board is authorized by Sections 125.01(1)(q) and (r), Florida Statutes, to establish municipal service benefit units for the provision of essential facilities and municipal services and to fund those improvements and services through the imposition of non- ad valorem assessments; and WHEREAS, road and ancillary drainage facilities are found to be essential facilities and municipal services; and WHEREAS, the County finds that it is in the best interest of the community to create an MSBU consisting of all of the properties within The Pines and Triple Lakes Estates Subdivisions even though not all of the roads will be improved at the same time; and 1  WHEREAS, this approach will allow the property owners to jointly work together toward the improvement of their respective roads but they will not be subject to assessments until such time as the roads are ready to be improved; and WHEREAS, the provision of road improvements and ancillary drainage facilities provides a special benefit to the properties subject to the assessments; and WHEREAS, the apportionment of the cost of the individual road improvements and ancillary drainage facilities among the various parcels and lots is a fair and reasonable approach to the allocation of the cost; and WHEREAS, the assessments authorized by this Ordinance shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Non-Ad Valorem Assessment Collection Act; and NOW THERFORE, be it Ordained by the Board of County Commissioners of Okaloosa County. Section 1. - Findings. The above Recitals are true and correct and are hereby incorporated herein as if they had been set forth in their entirety. They shall be deemed to be essential provisions of this Ordinance. Section 2. – Definitions. For the purpose of this Ordinance, the definitions contained in this section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular number include the plural. Words used herein and not otherwise defined shall have the meaning given to them in the Act.