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

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. "ASSESSMENT ROLL" means the lists prepared by the County and confirmed by the Board containing a summary description of each parcel of real property within the MSBU that is subject to the Assessment, the name and address of the owner of each such parcel and the assessment authorized by this Ordinance against each parcel. “BENEFITED PROPERTIES” shall mean those properties within the boundaries of The Pines and Triple Lakes Estates Municipal Services Benefit Unit which are benefited by the Project and which are subject to the assessments authorized herein. "BOARD" means the Board of County Commissioners of Okaloosa County, Florida. "CLERK" means the Clerk of the Circuit Court of Okaloosa County, Florida. "COUNTY" means Okaloosa County, Florida. 2  “FINAL ASSESSMENT RESOLUTION” means the Resolution which finally establishes the amount of the assessment to be imposed against Benefited Properties. “MSBU” means The Pines and Triple Lakes Estates Municipal Services Benefit Unit. "OWNER" means the person or persons owning or leasing an interest in real property located within the unit, as identified by the records of the Property Appraiser's office. “PROJECT” means the improvement of roads and ancillary drainage facilities within the boundaries of The Pines and Triple Lakes Estates Subdivisions as may periodically be approved and scheduled for improvement. "PROPERTY APPRAISER" means the Property Appraiser of Okaloosa County, Florida. "PRELIMINARY ASSESSMENT RESOLUTION" means the Resolution adopted which sets for the proposed amount of the assessments to be imposed against the Benefited Properties. "REAL PROPERTY" means each parcel, unit, leasehold, or leasehold interest, and improvements located in The Pines and Triple Lakes Estates Municipal Services Benefit Unit. "TAX COLLECTOR" means the Tax Collector of Okaloosa County, Florida. Section 3. - Creation of unit. There is hereby created The Pines and Triple Lakes Estates Municipal Service Benefit Unit. The boundaries of such MSBU shall consist of the real properties within the boundaries described and depicted in Appendix "A" attached hereto. Section 4. - Purpose. It is the purpose of this Ordinance to authorize the levy of assessments against Benefitted Properties to fund the Project and to provide for a method and procedure for the establishment and collection of such assessments against those Benefitted Properties. B. There is an Assessment hereby imposed against each Benefited Property identified on the Assessment Roll as of the date of the adoption of the Final Assessment Resolution. 3 Section 5. - Assessments. A. The Board is hereby authorized to impose Assessments against Benefited Property within the MSBU to fund the Project. The Assessment shall be computed in a manner that fairly and reasonably apportions the cost of the Project among the Benefitted Property within the MSBU. Unless an alternative provision is approved by the Board, all Assessments shall be collected in conformity with the provisions of section 197.3632, Florida Statutes, (the Uniform Non-Ad Valorem Assessment Collection Act) including any amendments thereto. B. The amount of the Assessment imposed each Fiscal Year against each parcel shall be at the rate established in the Final Assessment Resolution adopted pursuant to this Ordinance. The Final Assessment Resolutions may establish the amount of the Assessments for a multiple-year period. Section 6. – Preliminary Assessment Resolution. The initial proceeding for the imposition of an Assessment shall be the Board's adoption of a Preliminary Assessment Resolution. The Preliminary Assessment Resolution shall: A. Describe the real property to be located within the MSBU; B. Describe the Project proposed for funding from proceeds of the Assessments; C. Estimate the Project Cost including any financing cost for the funding of the Project; D. Describe with particularity the proposed method of apportioning the Project Cost among the Benefitted Properties; E. Describe the provisions, if any, for acceleration and prepayment of the Assessment; F. Include specific legislative findings that recognize the fairness provided by the apportionment methodology. G. The number of years that the Assessment will be imposed against the Benefited Property. 4 Section 7. - Assessment Roll. A. The County shall prepare a preliminary Assessment Roll that contains the following information: 1. A summary description of each parcel of real property (conforming to the description contained on the Tax Roll) subject to the Assessment; 2. The name of the Owner of record of each parcel, as shown on the Tax Roll; 3. The number of Assessment Units attributable to each parcel; 4. The estimated maximum annual Assessment to become due in any Fiscal Year for each Assessment Unit; and 5. The estimated maximum annual Assessment to become due in any Fiscal Year for each parcel. B. Copies of the Preliminary Assessment Resolution and the preliminary Assessment Roll shall be available in the office 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 parcel of property can be determined by use of a computer terminal available to the public. Section 8. - Notice by Final Hearing Adopting Assessment Notice of the final hearing at which the Final Assessment Resolution shall be considered for adoption by the Board shall be provided by United States Mail and Publication as set forth in section 197.3632, Florida Statutes. Section 9. - Adoption of Final Assessment Resolution. Prior to September 15 of the initial year of the Assessment, the Board shall consider the adoption of a Final Assessment Resolution. At the time named in such notice, or such time to which an adjournment or continuance may be taken, the Board shall receive objections and hear testimony of interested persons and may then, or at any subsequent meeting of the Board, adopt the Final Assessment Resolution which shall: A. Confirm, modify or repeal the Initial Assessment Resolution with such amendments, if any, as may be deemed appropriate by the Board; 5  B. Establish the maximum amount of the Assessment for each Assessment Unit and levy the same; C. Approve the Assessment Roll, with such amendments as it deems just and right; and D. Determine the method of collection. E. If the Assessment is to be imposed for multiple years, then the Final Assessment Resolution shall set forth the term of years that the Assessment will be imposed. Section 10. – Final Assessment Resolution. The Final Assessment Resolution shall be adopted in the year in which Assessments will be imposed and will approve the Assessment Roll for such Fiscal Year or such multiple years as applicable. If the proposed Assessment for any parcel of real property exceeds the maximum amount established in the notice provided herein, or additional notice is required pursuant to section 197.36.32, Florida Statutes, then such notice will be provided for that and any subsequent year. Section 11. - Effect of Final Assessment Resolutions. The adoption of the Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the receipt of a special benefit, the apportionment methodology, the rate of assessment, the adoption of the