Okaloosa County BOCC — May 6, 2014 — MSBUpolicy_GTS-3--20140428-REVISED-MarkedVersion — reading text

and can become a lien against a in residential neighborhoods can definitely lead to increased property values. homesteadthe property, including homestead property. Reference the timeline to impose the uniform method of non-ad valorem assessments through the use of the uniform method asas established in Florida Statute Section 197.3632, Florida Statute on the following page. 4  MSBU CALENDAR YEAR SCHEDULE Before January 1 4 consecutive week public notice notification that the local government has intent to use the uniform method of collection for non-ad valorem assessment By January 1 Adopt a resolution at a public hearing (by March 1 if local government, property appraiser, and tax collector agree) By January 10 Local government mails by U.S Postal first-class mail a copy of the resolution to property appraiser, tax collector, and the Department of Revenue (by March 10 if the local government, property appraiser, and tax collector agree) By June 1 Property Appraiser provides local government with legal descriptions, names and addresses of the property owners within boundary of MSBU Between January 1 to September 15 20 Days Prior to the public hearing to adopt a non ad-valorem roll local government shall notice the hearing by U.S. Postal first-class mail and by newspaper. The notice by mail shall be sent to each property owner that shall be subject to the assessment Between January 1 and September 15 Local government adopts a non ad-valorem roll at public hearing if: 1) Non ad-valorem 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 & IMPROVEMENTS Currently there are two (2) types of MSBU Districts Units in Okaloosa County. These are described below. Construction DistrictsUnits • Construction/reconstruction to current County or alternate/interim standards - Area to be improved is platted/dedicated to the public or conveyed through an easement - 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 DistrictsUnits • 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 districtUnit: • $100 application fee. The application fee shall not be returned if the MSBU is not established • ½ % Tax Collector commission or 5% Administrative fee for collecting agency (or as addressed on a case-by-case basis for MSBU’s.) • Reserves for contingencies/cash balance forward 6  • Any costs incurred for advertisement and publications • Additional Construction District Unit 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 Unit costs: • Installation costs and facilities costs as provided by the power provider • Reserves which total 120% of annual estimated expenditures MSBU BOUNDARIES Municipal Service Benefit Units (special assessment districtsUnits) 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 Unit 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) 7  • the type of district Unit contemplated (i.e., construction or street lighting) 2. Application for DistrictUnit Comment [ah2]: This document is split into “the booklet” pages 1-10 and the procedures for construction districts and lighting districts. Public Works will provide the “Guidelines and Procedures” booklet to use in requesting establishment of a districtUnit. The necessary information and completed forms are returned to Public Works as the formal application for a districtUnit, along with a $100.00 application fee. An informative letter can be mailed by U.S Postal first-class mail, 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 Unit Liaison. 4. Petition Acceptance The Board of County Commissioners shall consider petitions signed by at least 66% (51% for Street Lighting DistrictsUnits) of the current property owners (number of owners) representing at least 66% (51% for Street Lighting DistrictsUnits) of the Comment [ah3]: Number of lots was changed to number of owners. Will refer to Marion County at properties (number of lots) within the district Unit boundaries. legal counsel’s recommendation. Comment [SG4]: {Response: we are primarily If the petition meets the above requirements and is accepted by the Board of County interested in making sure that we have authorized representative of 66% percent of the properties. Commissioners, a public hearing shall be authorized for the consideration of an Several properties could have multiple owners ordinance to establish the districtUnit. respond by ultimately no matter how many owners respond, it represents one property. 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 by U.S Postal first-class mail to all property owners listed on the tax roll within the proposed districtUnit. 8  At the public hearing, the Board of County Commissioners may consider comments, objections, and information relevant to the creation of the districtUnit. The County Commissioners may enact or deny the ordinance. If the ordinance is enacted, it will be officially recorded the Okaloosa County Clerk’s Office, reflecting the preliminary assessment amount for each property. 6. 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 by U.S Postal first-class mail to all property owners listed on the tax roll within the proposed districtUnit. 7. 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 Unit will be notified of the Public Hearing and the results. The assessment will be imposed and collected immediately after the Board authorization and the final adjusted assessments will be recorded with the 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