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

available to attend any community meetings concerning the establishment of the district. Notification to property owners of any County-sponsored meeting will be coordinated through Public Works. Public Works would appreciate the opportunity to review any correspondence relating to the establishment of the district prior to circulation. Public Works will review the items submitted as part of the application to confirm that the information is complete. The application will then be forwarded to appropriate departments for review of the scope of work and plat information. Preliminary engineering is required for sidewalk and roadway/drainage construction or replacement.  All engineering and construction will be provided by County staff, contingent upon approval by the Board of County Commissioners, up to the financial limits as set forth by Florida State law. Projects exceeding the statutory limits or staffing capabilities of the County will be competitively bid out for design and/or construction.  All material costs will be funded by the MSBU. County staff will present any requests for County participation in capital projects to the Board of County Commissioners for consideration. 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 shall reflect the cost for preliminary engineering and the cost estimates for 13 final engineering and construction, provided by the preliminary engineering report. The petition shall also reflect the appropriate reserves, contingencies, administrative fees and interest expense during the construction period. The petition shall be prepared with assistance from the Public Works Division and the District Liaison. County staff will identify a date for petition return of 30-60 calendar days based upon target time frame for public hearing and upon length of time cost estimates will be valid. Petition Acceptance The petition, to be considered, must be signed by at least 66% of the current property owners (number of owners) representing at least 66% of the assessed properties (number of lots) within the proposed district boundaries.  A property owner is the individual or group of individuals that own a parcel of land.  Okaloosa County Property Appraiser and Tax Collector data shall be used to determine eligible signatures of owners. All of the non-related current owners of a parcel or the designated trustee must sign the petition for the ownership and parcel to count towards the 66% requirements.  Once submitted, names may not be withdrawn from the petition. Upon return, County staff will review the petition for sufficiency. No petition will be accepted without the signatures of all property owners who would be required to dedicate right-of-ways or easements to the County. If the petition is accepted, Public Works will request that the Board of County Commissioners authorize a public hearing for consideration of the ordinance to establish the district. Please note that once the petition is accepted and a public hearing is authorized, the petition is not conclusive to the final determination by the Board of County Commissioners to proceed (or not) with the project. The final determination of the scope and feasibility of a project will be determined by Okaloosa County. 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 addition, notification will be mailed to all property owners listed on the tax roll within the proposed district. No public hearing will be scheduled unless all affected property owners have agreed to 14 dedicate the necessary right-of-way to the County. 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 amend, enact, or deny the proposed ordinance. Implementation Final engineering plans are prepared by County staff for construction projects to include sidewalk, and roadway/drainage work. Property owners are responsible for material costs of any construction projects. County staff will perform construction work as approved by the Board of County Commissioners.  If recalculated project costs, using information derived from final engineering data, would represent an increase of 20% or more, an additional petition process will be required and an additional public hearing held. Notice of this public hearing will be published; in addition, notification will be mailed to all property owners. Final Public Hearing After construction is complete, all costs relating to the project will be compiled by Public Works. Public Works will request to schedule a Final Public Hearing to adopt the final assessment through a resolution or amending ordinance. The Public Hearing will be advertised and notification mailed to all property owners listed on the tax roll within the district. If adopted, the Resolution or Amending Ordinance, including Final Assessment Liens, will be recorded in the Okaloosa County public records. Term of the repayment for construction costs may be determined as follows: Individual Assessment Amount Term $3,000 and up 10 years $2,500 to $2,999 8 years $2,000 to $2,499 6 years $1,500 to $1,999 4 years $1,000 to $1,499 3 years $ 500 to $ 999 2 years $ -0- to $ 499 1 year Final determination as to the terms of repayment will be made by the Board of County Commissioners in conjunction with Public Works and the Okaloosa County Clerk of Courts. Annual Assessments are collected either through the Tax Collector of Okaloosa County, in the same manner as all other County taxes are collected or assessments will be reimbursed through municipal or Okaloosa County Water and Sewer utility billing. 15 DETAILED PROCEDURES, STREET LIGHTING DISTRICTS 16  STREET LIGHTING 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, FL 32536 (850) 689-5772 The request must identify:  the area affected (e.g., community, subdivision or street)  the type of improvement involved (i.e., street lighting)  the type of district contemplated (i.e., street lighting) Application for District Application can be made by interested property owners for establishment of a new street lighting district or changes or additions to an existing one. In order to proceed with establishing a new district interested homeowners or property owners must submit the following as the official request for consideration:  $100.00 application fee (per street lighting district) made payable to the Board of County Commissioners, Okaloosa County.  Contact individual and proposed liaison names, addresses and phone numbers.  A copy of the cost estimate for streetlight improvements as prepared by the appropriate power provider.  Copy of a map with: o Proposed boundaries for the district outlined. o Boundaries must be continuous and not split parcels or lots. Enclaves are 17  not allowed if the reason is to remove a lot or lots because the property owner is not in favor of establishment of the district. o Tracts for drainage, buffer zones, etc. are usually included in the district but not assessed for street lighting. o The district to be assessed does not necessarily include an entire subdivision if the entire subdivision does not materially benefit from the proposed action. o Districts must contain a minimum of two distinct taxable (or platted) pieces of property. Petition Submission The Board of County Commissioners has determined that a petition may serve as an indicator of the amount of community interest for a proposed project. The petition process is not a requirement of Florida Law. Public Works will prepare a petition for distribution by the District Liaison. Only petitions prepared by Public Works will be accepted. The petition will reflect the various charges included in calculating the assessments. The street lighting assessment will include: all costs associated with installation of the streetlights, as determined by the appropriate power provider, 5% administrative fees for collection of the assessments, and a reserve which totals 120% of the proposed yearly expenditures. Petition Acceptance The petition, to be accepted, must be signed by at least 51% of the current property owners (number of owners) representing at least 51% of property (number of lots or number of front feet, measured consistent with the method of assessment) within the district boundaries.  A property owner is the individual or group of individuals that own a parcel of land.  In determining eligible signatures of owners, all of the non-related current owners of a parcel or the designated trustee must sign the petition for the ownership and parcel to count towards the 51% requirements.  Once submitted, names may not be withdrawn from the petition. 18 Upon return, Public Works will review the petition for acceptability, consulting other departments as appropriate. If the petition is acceptable, Public Works will request that the Board of County Commissioners schedule a public hearing for consideration of the ordinance to establish the district or revisions to the ordinance for the existing district to incorporate the changes. Please note that once the petition is accepted and a public hearing is authorized, the petition is no longer relevant to the final determination by the Board of County Commissioners to proceed (or not) with the project. The final determination of the scope and feasibility of a project will be determined by Okaloosa County. 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 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 will enact or deny the ordinance. If the ordinance is enacted, appropriate Board authorization to record the Ordinance in the Recording Department, Okaloosa County Clerk’s Office, will be requested. Implementation Upon execution of the Ordinance by the Board, the local power provider can begin