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

by the Tax Collector of Okaloosa County in the same manner as municipal property taxes of governmental entities within the State of Florida and shall be collected on the tax bill. the various municipalities in Okaloosa County, Florida. (6) The annual assessment hereby authorized to be levied, assessed, and imposed shall thereupon become a lien upon property within the MSBU district and enforced in the same manner as liens for ad valorem taxes. Such lien for such MSBU district annual assessment shall be a first lien superior in dignity to all other liens except ad valorem tax liens. (7) The MSBU benefit unit designates the property appraiser or his designate and the tax collector or his designate to act as agent for the MSBU benefit unit to modify the final annual assessment if changes are made to the tax roll after final notification is sent to property owners. Section 9. - Indebtedness. 9  Except as provided in this ordinance, the benefit unit board of directors shall not create indebtedness or incur obligations for any purpose or amount which it is unable to pay out of the MSBU district funds properly appropriated therefore in its current annual budget, as the same may from time to time be amended, as provided herein. Section 10. - Use of funds. (1) Those funds obtained from the levy of the annual assessment on the parcels shall be maintained in a separate account on deposit with the Clerk of Circuit Court of Okaloosa County and used solely for funding the expenditures for Assessment Projects. (2) The board nor anyone else acting on shall not contract for the expenditure of funds in any fiscal year other than the current fiscal year, and only for the purposes authorized in the budget. Funds obtained from the levy of the annual assessment shall not be used to finance any project outside of the MSBU benefit unit. All funds collected by the annual assessment for a specific fiscal year need not be expended by the end of that fiscal year if actual costs do not meet the estimated amount. Any funds remaining at the end of the fiscal year shall be carried forward to the next fiscal year. (3) The board of directors may amend the budget for the fiscal year in order to add projects for which funds are available. The board of directors may delete projects from an existing budget so that their allocated funds can be transferred to other projects already approved. All amendments are subject to approval and ratification by the board of county commissioners. (4) A reserve fund shall be established in the initial budget, and thereafter, shall be replenished, as required, so that the balance at the beginning of each fiscal year is at least ten percent of the anticipated expenditures for that year. (5) Insurance requirements. The board of directors committee shall purchase and continue in force property, liability, workers compensation (if needed), and other insurance policies to adequately protect against work related injuries, property damage and third party claims. All property and liability policies shall include Okaloosa County, Florida as an additional insured. Certificates of insurance evidencing the type and amount of insurance shall be provided the Board of County Commissioners of Okaloosa County, Florida at least annually. Any claim deductible or other claim cost will be paid from the reserve fund of the district. SECTION 3. CODIFICATION IN THE CODE OF ORDINANCE. It is the intention of the Board and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Okaloosa County Code of Ordinances and that the sections of this Ordinance may be renumbered to accomplish that intent. SECTION 4. SEVERABILITY. Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent 10 jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid. SECTION 5. EFFECTIVE DATE. This Ordinance, upon adoption, shall be filed with the Secretary of State within ten (10) days and shall become effective upon filing. PASSED AND ADOPTED in Regular Session this ____ day of _____________, 2016. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY ATTEST: J.D. Peacock, II Charles K. Windes, Jr. Clerk and Comptroller Chairman APPROVED AS TO FORM: Gregory T. Stewart County Attorney 11