Okaloosa County BOCC — March 4, 2014 — MSBU Policy — reading text

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 DISTRICTS & SERVICES Currently there are two (2) types of MSBU Districts in Okaloosa County. These are described below. Construction Districts  Construction/reconstruction to current County or alternate/interim standards - Area to be improved is platted/dedicated to the public. - 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 Districts  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 district:  $100 application fee. The application fee shall not be returned if the MSBU is not established  5% Administrative fee for collecting agency (or as addressed on a case-by-case basis for MSBU’s.)  1/2% Tax Collector commission  Reserves for contingencies/cash balance forward 6   Any costs incurred for advertisement and publications  Additional Construction District 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 District costs:  Installation costs and facilities costs as provided by the power provider  Reserves which total 120% of annual estimated expenditures MSBU BOUNDARIES Municipal Services Benefits Units (special assessment districts) 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 district 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)  the type of district contemplated (i.e., construction or street lighting) 7 2. Application for District Public Works will provide the “Guidelines and Procedures” booklet to use in requesting establishment of a district. The necessary information and completed forms are returned to Public Works as the formal application for a district, along with a $100.00 application fee. An informative letter can be mailed, 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 District Liaison. 4. Petition Acceptance The Board of County Commissioners shall consider petitions signed by at least 66% (51% for Street Lighting Districts) of the current property owners (number of owners) representing at least 66% (51% for Street Lighting Districts) of the properties (number of lots) within the district 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 district. 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 to all property owners listed on the tax roll within the proposed district. At the public hearing, the Board of County Commissioners may consider comments, objections, and information relevant to the creation of the district. The County Commissioners may enact or deny the ordinance. If the ordinance is enacted, it will 8  be officially recorded the Okaloosa County Clerk’s Office, reflecting the preliminary assessment amount for each property. 7. 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 to all property owners listed on the tax roll within the proposed district. 8. 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 district will be notified of the Public Hearing and the results. The final adjusted assessments will be recorded 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 district. The steps to take in requesting dissolution of a district are:  Submission of an application to dissolve the district 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 district. 9   The petition, to be considered, must be signed by at least 66% (51% for Street Lighting Districts) of the current property owners (number of owners) representing at least 66% (51% for Street Lighting Districts) of the assessed properties (measured consistent with the method of assessment) within the district 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 District should be consulted for more specific information concerning requirements and procedures. 10 DETAILED PROCEDURES, CONSTSRUCTION DISTRICTS 11  CONSTRUCTION DISTRICTS 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 district contemplated (i.e., construction or street lighting) Application for District In order to proceed with establishing a district, 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 district 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 district.  The district to be assessed does not necessarily include an entire subdivision if the entire subdivision does not materially benefit from the proposed action.  Districts may be established in unplatted residential areas where the proposed action benefits property owners in a definable geographic area. 12   Districts must contain a minimum of two distinct taxable (or platted) pieces of property. 3. Contact person and proposed liaison names, addresses and phone numbers. 4. $100.00 application fee made payable to the Board of County Commissioners, Okaloosa County. Application Review/Preliminary Engineering Report Upon receipt of the application for a MSBU, a letter may be mailed to each property owner advising of the application’s submittal and the imminent petition process. The District Commissioner may request an informative meeting with the property owners to discuss the MSBU process. Upon request by the district Liaison and with sufficient notice, Public Works is