Okaloosa County BOCC — September 16, 2014 — Resolution No for 2014 - Lake Pippin 9 9 14 (3) — reading text

RESOLUTION 14-____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA; RELATING TO THE PROVISION OF MAINTENANCE AND IMPROVEMENT OF A CHANNEL FROM LAKE PIPPIN TO CHOCTAWHATCHEE BAY; ESTABLISHING THE COSTS FOR PROVIDING SUCH SERVICES; IMPOSING ASSESSMENTS AGAINST ASSESSED PROPERTY; APPROVING THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Okaloosa County, Florida, (the “Board”) has enacted Ordinance No. 89-30, as subsequently amended and codified in Appendix D, Article XXVI of the Okaloosa County Code of Ordinances (the “Ordinance”), which created the Lake Pippin Channel Maintenance Municipal Services Benefit Unit and authorizes the imposition of assessments for maintenance and improvement of a channel from Lake Pippin to the Choctawhatchee Bay (the “Services”); and WHEREAS, the imposition of an assessment each Fiscal Year is an equitable and efficient method of allocating and apportioning the costs of providing the Services among parcels of assessed property; and WHEREAS, the Board desires to impose the assessment using the tax bill collection method for the Fiscal Year beginning on October 1, 2014; and WHEREAS, the Lake Pippin Channel Municipal Services Benefit Unit Advisory Committee (the “Advisory Committee”), in compliance with Ordinance No. 89-30, held an annual meeting on June 26, 2014, to discuss the rate of assessment; and WHEREAS, the Advisory Committee voted to maintain the annual assessment for the Fiscal Year beginning on October 1, 2014 at $400.00 per parcel of property, to be collected by the County Tax Collector and held in the Lake Pippin MSBU Escrow Account for maintenance in anticipation of expenses exceeding the current account balance. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: SECTION 1. IMPOSITION OF NON-AD VALOREM ASSESSMENTS. (A) The boundaries of the Lake Pippin Channel Municipal Services Benefit Unit are more particularly described in Exhibit “A.” (B) The parcels of assessed property described in the Assessment Roll, which is hereby approved, are hereby found to be specially benefited by the provision of the Services in the amount of the assessment set forth in the Assessment Roll, a copy of which is incorporated herein by reference. (C) It is hereby ascertained, determined and declared that each parcel of assessed property will be specially benefited by the County's provision of the Services in an amount not less than the assessment for such parcel. (D) For the Fiscal Year beginning October 1, 2014, the assessment for each assessed property is hereby established at $400 per parcel. (E) The above assessment is hereby approved. The assessments in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of assessed property described in the Assessment Roll for the Fiscal Year beginning October 1, 2014. (F) Assessments shall constitute a lien upon the assessed property so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (G) The Assessment Roll as herein approved together with the correction of any errors or omissions shall be delivered to the Tax Collector for collection using the tax bill collection method in the manner prescribed by the Ordinance. SECTION 2. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the Assessment Roll and the levy and lien of the Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Resolution. SECTION 3. SEVERABILITY. If any clause, section or other part of this resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this resolution. SECTION 4. CONFLICTS. That this resolution or parts of resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. ADOPTED, in regular session this _______ day of _________, 2014.  BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA Charles K. Windes, Jr. Chairman ATTEST: CLERK OF THE CIRCUIT COURT OKALOOSA COUNTY, FLORIDA Gary J. Stanford Deputy Clerk EXHIBIT A