Okaloosa County BOCC — February 16, 2016 — BWB MSBU Ordinance 1.19.16 — reading text

ORDINANCE NO. 2016-_______ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA; AMENDING APPENDIX D, ARTICLE LV OF THE OKALOOSA COUNTY CODE OF ORDINANCES ENTITLED “BLUEWATER BAY MUNICIPAL SERVICES BENEFIT UNIT”; PROVIDING FOR THE PURCHASING PROCEDURES OF THE UNIT; ESTABLISHING THE PROCESS FOR RECOMMENDATION AND APPROVAL OF ASSESSMENT AMOUNT AND BUDGET; PROVIDING FOR THE USE OF ASSESSMENT REVENUE; PROVIDING FOR CODIFICATION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to section 125.01, Florida Statutes, the Board of County Commissioners of Okaloosa County (the “Board”) is authorized to establish a municipal services benefit unit within the unincorporated area of the county; and WHEREAS, the Board previously enacted Ordinance No. 02-16, which created the Bluewater Bay Municipal Services Benefit Unit (the “MSBU”) to provide for certain services and improvements supplemental to those provided by the Okaloosa County or the State of Florida; and WHEREAS, the Board finds that it is necessary and in the public interest to amend the Ordinance to update and streamline the process of imposing assessments within the MSBU. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Okaloosa County: SECTION 1. FINDINGS OF FACT. The above recitals are incorporated by reference into this Ordinance and are adopted as Findings of Fact. SECTION 2. AMENDMENT OF APPENDIX D OF THE OKALOOSA COUNTY CODE OF ORDINANCES. Appendix D, Article LV of the Okaloosa County Code of Ordinances is hereby amended as follows: (stricken words indicate deletions, underlined words indicate additions) ARTICLE LV - BLUEWATER BAY MUNICIPAL SERVICES BENEFIT UNIT Section 1. - Creation; boundaries. (1) The area in Okaloosa County described below shall be established as a special district, known as "The Bluewater Bay Municipal Services Benefit Unit" 1 or the "MSBU" under the authority of F.S. § 125.01(1)(q). The purpose of the MSBU is to provide improvements and services within the MSBU which specially benefits the properties within its boundaries. maintain the quality of life of the owners of parcels in the benefit unit at the level of quality they desire. The MSBU sShall consist of all parcels within the boundary of the property known as "Bluewater Bay", in unincorporated Okaloosa County, and is more specifically described as follows: COMMENCE ON THE SOUTHEAST CORNER OF WOODLANDS PH 3 AT BWB S/D WHERE IT INTERSECTS THE EAST SECTION LINE OF SECTION 26, T1S, R22W, SAID POINT BEING P.O.B., THENCE WEST AND NORTH ALONG THE BOUNDARY LINE OF WOODLANDS PH 3 AT BWB S/D TO THE SOUTH BOUNDARY LINE OF WOODLANDS PH 2 AT BWB S/D, THENCE WEST ALONG THE SOUTH BOUNDARY LINE OF WOODLANDS PH 2 AT BWB S/D TO THE PROJECTED INTERSECTION OF THE SOUTH BOUNDARY LINE OF WOODLANDS PH 2 AT BWB S/D ON THE WEST R/W OF WHITE POINT RD (STATE ROAD 293), THENCE SOUTH ALONG THE EAST R/W OF WHITE POINT RD TO THE PROJECTED INTERSECTION OF THE NORTH BOUNDARY OF MEADOW WOODS S/D WITH THE WEST R/W OF WHITE POINT RD THENCE WEST ALONG PROJECTED LINE TO THE WEST R/W OF WHITE POINT RD AND THE NORTHEAST CORNER OF MEADOW WOODS S/D, THENCE NORTHERLY ALONG THE WEST R/W OF WHITE POINT RD TO THE SOUTH R/W OF WOODLANDS DR, THENCE WEST ALONG THE SOUTH R/W OF WOODLANDS DR TO THE INTERSECTION OF THE NORTHEAST CORNER OF CARIBBEAN VILLAGE SOUTH UNIT 2 S/D AND THE SOUTH R/W OF WOODLANDS DR, THENCE MEANDER SOUTHWEST ALONG THE SOUTHEAST BOUNDARY LINE OF CARIBBEAN VILLAGE SOUTH UNIT 2 S/D TO THE INTERSECTION OF THE EAST BOUNDARY LINE OF CARIBBEAN VILLAGE SOUTH UNIT 1 S/D, THENCE MEANDER SOUTHERLY ALONG THE EAST BOUNDARY LINE OF CARIBBEAN VILLAGE SOUTH UNIT 1 S/D TO THE NORTHEAST END OF GRASS LAKE, THENCE MEANDER SOUTHWESTERLY ALONG THE NORTH SHORELINE OF GRASS LAKE TO THE INTERSECTION OF THE NORTH SHORELINE OF CHOCTAWHATCHEE BAY, THENCE MEANDER NORTHWESTERLY ALONG THE NORTH SHORELINE OF CHOCTAWHATCHEE BAY TO THE WEST SHORELINE OF WARD COVE, THENCE MEANDER SOUTHEASTERLY, EASTERLY AND SOUTHEASTERLY, ALONG THE SHORELINE OF WARD COVE TO THE INTERSECTION OF THE SHORELINE OF WARD COVE TO THE INTERSECTION OF THE WEST SECTION LINE OF SECTION 15, T1S, R22W AND THE SOUTH SHORELINE OF WARD COVE, THENCE SOUTH ALONG THE WEST SECTION LINE OF SECTION 15, T1S, R22W TO THE NORTHWEST CORNER OF MAGNOLIA FOREST PHASE 2 S/D, THENCE EAST ALONG THE NORTH BOUNDARY LINE OF MAGNOLIA FOREST PHASE 2 S/D TO THE NORTHWEST CORNER OF MAGNOLIA FOREST S/D, THENCE EAST ALONG THE NORTH BOUNDARY LINE OF 2 MAGNOLIA FOREST S/D TO THE SOUTHWEST CORNER OF SHADOW OAK S/D, THENCE EAST ALONG THE SOUTH BOUNDARY LINE OF SHADOW OAK S/D TO THE SOUTHEAST CORNER OF SHADOW OAK S/D, THENCE NORTH ALONG THE EAST BOUNDARY LINE OF SHADOW OAK S/D TO THE PROJECTED INTERSECTION OF THE EAST BOUNDARY LINE OF SHADOW OAK S/D WITH THE EAST R/W OF IDA COON CIR, THENCE NORTHERLY ALONG THE EAST R/W OF IDA COON CIR TO THE INTERSECTION WITH THE NORTHWEST CORNER OF THE WHITE WILSON PROPERTY AND THE EAST R/W OF IDA COON CIR, THENCE EAST ALONG THE NORTH PROPERTY LINE OF WHITE WILSON TO THE INTERSECTION OF SOUTH R/W OF HWY 20 AND THE NORTHEAST CORNER OF WHITE WILSON PROPERTY, THENCE SOUTHEASTERLY ALONG THE SOUTH R/W OF HWY 20 TO THE INTERSECTION OF THE NORTH SECTION LINE OF SECTION 23, T1S, R22W AND THE SOUTH R/W OF HWY 20, THENCE EAST ALONG THE NORTH SECTION LINE OF SECTION 23, T1S, R22W TO THE INTERSECTION OF THE NORTHWEST CORNER OF PARKWOOD LANE AT BWB S/D AND THE NORTH SECTION LINE OF SECTION 23, T1S, R22W, THENCE EAST AND NORTH ALONG THE NORTH BOUNDARY LINE OF PARKWOOD LANE AT BWB S/D TO THE INTERSECTION OF THE SOUTH R/W OF RANGE RD AND THE NORTH BOUNDARY LINE OF PARKWOOD LANE AT BWB S/D, THENCE DUE NORTH TO THE SOUTHWEST CORNER OF PARKWOOD ESTATES S/D, THENCE NORTH ALONG THE WEST BOUNDARY LINE OF PARKWOOD ESTATES S/D TO THE SOUTHWEST CORNER OF PARKWOOD ESTATES PHASE 2 S/D, THENCE NORTH ALONG THE WEST BOUNDARY LINE OF PARKWOOD ESTATES PHASE 2 S/D TO NORTHWEST CORNER OF PARKWOOD ESTATES PHASE 2 S/D, THENCE DUE NORTH TO THE SHORELINE OF ROCKY BAYOU, THENCE NORTHEASTERLY TO THE INTERSECTION OF THE NORTHWEST BOUNDARY LINE OF BOLTONS LANDING S/D, THENCE NORTHEASTERLY AND EASTERLY ALONG THE BOUNDARY LINE OF BOLTONS LANDING S/D TO THE INTERSECTION OF THE WEST R/W OF BLUEWATER BLVD NORTH, THENCE MEANDER CLOCKWISE AROUND THE R/W OF BLUEWATER BLVD NORTH TO THE INTERSECTION OF THE WEST BOUNDARY LINE OF VILLAGE OF BOLTON AT BWB S/D, THENCE NORTHEAST, EAST, AND SOUTH ALONG THE EAST BOUNDARY LINE OF VILLAGE OF BOLTON AT BWB S/D TO THE INTERSECTION OF THE NORTHEAST CORNER OF EAGLES RIDGE S/D, THENCE SOUTH ALONG THE EAST BOUNDARY LINE OF EAGLES RIDGE S/D TO THE INTERSECTION OF THE NORTHEAST CORNER OF PARKWOOD ESTATES PHASE 5 S/D, THENCE SOUTH ALONG THE EAST BOUNDARY LINE OF PARKWOOD ESTATES PHASE 5 S/D TO THE INTERSECTION OF THE NORTHEAST CORNER OF PARKWOOD ESTATES PHASE 7 S/D, THENCE SOUTH ALONG THE EAST BOUNDARY LINE OF PARKWOOD ESTATES PHASE 7 S/D TO THE INTERSECTION OF THE NORTHEAST CORNER OF THE BUNGALOWS 3 AT BWB S/D, THENCE SOUTH ALONG THE EAST BOUNDARY LINE OF THE BUNGALOWS AT BWB S/D TO THE PROJECTED INTERSECTION OF THE EAST BOUNDARY LINE OF THE BUNGALOWS AT BWB S/D WITH THE SOUTH R/W OF RANGE RD, THENCE EAST ALONG THE SOUTH R/W OF RANGE RD TO THE NORTHEAST CORNER OF PARKWOOD AT BWB S/D, THENCE MEANDER SOUTHERLY ALONG THE EAST BOUNDARY LINE OF PARKWOOD AT BWB S/D TO THE NORTHEAST CORNER OF PARKWOOD PLACE AT BWB S/D, THENCE SOUTHEAST AND SOUTH ALONG EAST BOUNDARY LINE OF PARKWOOD PLACE AT BWB S/D TO THE INTERSECTION OF THE SOUTHEAST CORNER OF PARKWOOD PLACE AT BWB S/D AND THE NORTH BOUNDARY LINE OF PARKWOOD SQUARE PHASE 1 S/D, THENCE SOUTHEAST ALONG THE NORTH BOUNDARY LINE OF PARKWOOD SQUARE PHASE 1 S/D TO THE NORTHEAST CORNER OF PARKWOOD SQUARE PHASE 1 S/D, THENCE DUE SOUTHEAST TO THE EAST SECTION LINE OF SECTION 23, T1S, R22, THENCE SOUTH ALONG THE EAST SECTION LINE OF SECTION 23, T1S, R22, TO THE INTERSECTION OF THE SOUTH R/W OF HWY 20 AND THE EAST SECTION LINE OF SECTION 23, T1S, R22, THENCE NORTHWEST ALONG THE SOUTH R/W OF HWY 20 TO THE INTERSECTION OF THE SOUTH R/W OF HWY 20 AND WEST R/W OF WRIGHT DR, THENCE SOUTH ALONG THE WEST R/W OF WRIGHT DR TO THE INTERSECTION OF THE NORTH BOUNDARY LINE OF INDIGO VILLAGE S/D AND THE WEST R/W OF WRIGHT DR, THENCE WEST, NORTHWEST, AND SOUTH ALONG THE BOUNDARY LINE OF INDIGO VILLAGE S/D TO THE INTERSECTION OF THE NORTHEAST CORNER OF WOODLANDS PHASE 5 S/D, THENCE SOUTH ALONG THE EAST BOUNDARY LINE OF WOODLANDS PHASE 5 S/D TO THE INTERSECTION OF THE NORTHEAST CORNER OF WOODLANDS PHASE 4 S/D, THENCE SOUTH AND EAST ALONG THE BOUNDARY LINE OF WOODLANDS PHASE 4 S/D TO THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 23, T1S, R22W, AND THE EAST BOUNDARY LINE OF WOODLANDS PHASE 4 S/D, THENCE SOUTH ALONG THE EAST SECTION LINE OF SECTION 23, T1S, R22W TO THE INTERSECTION OF THE NORTHEAST CORNER OF SECTION 26, T1S, R22W THENCE SOUTH TO THE SOUTHEAST CORNER OF WOODLANDS PH 3 AT BWB S/D AND P.O.B. There is specifically excluded from the above the following: Blue Pine Village, First Baptist Church at Bluewater Bay, Nicewood Garden Apartments, Indigo Village, White Point Estates, Meadow Wood, Raintree Estates, and all properties whose access to State Road 20 is obtained through Lancaster Drive. (2) Any property owned by a governmental entity federal lands or lands within a municipality included within the boundary of the MSBU district described herein shall be excluded from the MSBU district and its jurisdiction. If any area, tract, or parcel within the boundaries of the MSBU district shall hereafter become annexed to a municipality, such area, tract, or parcel shall be 4 excluded from the MSBU district effective the next January 1 following such annexation by a municipality. Nothing contained in this ordinance shall preclude any municipality from annexing lands to the territorial limits of the municipality even if such land is included within the MSBU district. (3) Should any part of the territory covered in this article be excluded by judicial decree or for any other reason, then this article shall continue in effect as to the balance of the territory. Section 2. – Board of benefit unit dDirectors. The business and affairs of the MSBU benefit unit shall be conducted and administered by a governing board of five benefit unit directors, who shall be qualified electors residing in the MSBU district. Said benefit unit directors, upon their appointment or election and qualification as provided in section 3 and annually in December January, shall organize by electing from their number a chairman, and a vice-chairman. The directors shall not receive any compensation for their service but shall receive reimbursement for out-of-pocket expenses incurred for the conduct of the business and affairs of the MSBU district. Each director benefit unit officer shall, before he enters upon his duties as such director officer, execute for the benefit of the MSBU district, a good and sufficient fiduciary bond in the sum of $1,000.00 with a qualified corporate surety conditioned to faithfully perform the duties of such director officer and to account for all funds to come into his hands as such director officer. All premiums for such surety on all such bonds shall be paid from the funds of the MSBU district. Pursuant to state statute, the board of county commissioners is deemed to be the