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

County identified in the Detailed Procedures DISSOLUTION PROCEDURES FOR MSBUs Upon written request, the County will provide guidelines for dissolving an existing districtUnit. The steps to take in requesting dissolution of a district Unit are: 9  • Submission of an application to dissolve the district Unit 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 districtUnit. • The petition, to be considered, must be 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 assessed properties (measured consistent with the method of assessment) within the district Unit 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 Unit should be consulted for more specific information concerning requirements and procedures. 10 DETAILED PROCEDURES, CONSTRUCTION DISTRICTSUNITS 11  CONSTRUCTION DISTRICTSUNITS 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 Unit contemplated (i.e., construction or street lighting) Application for UnitDistrict In order to proceed with establishing a Unitdistrict, 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 Unit 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 Unit.district. • The district Unit to be assessed does not necessarily include an entire subdivision if the entire subdivision does not materially benefit from the proposed action. • Districts Units may be established in unplatted residential areas where the proposed action benefits the property owners in a definable geographic 12  area. • Districts Units 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 by U.S Postal first- class mail to each property owner advising of the application’s submittal and the imminent petition process. The District Unit Commissioner may request an informative meeting with the property owners to discuss the MSBU process. Upon request by the district Unit Liaison and with sufficient notice, Public Works is available to attend any community meetings concerning the establishment of the districtUnit. 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 Unit 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. 13 The petition shall reflect the cost for preliminary engineering and the cost estimates for 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 Unit 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 Unit 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 districtUnit. 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 by U.S Postal first-class mail to all property owners listed on the tax roll within the 14 proposed districtUnit. No public hearing will be scheduled unless all affected property owners have agreed to 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 districtUnit. 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 by U.S Postal first-class mail 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 by U.S Postal first-class mail to all property owners listed on the tax roll within the districtUnit. 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 15 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 through their inclusion on the billing of either municipal or Okaloosa County Water and Sewer utility billing or such other methods as approved by the Board of County Commissioners.as all other County taxes are collected or assessments will be reimbursed through municipal or Okaloosa County Water and Sewer utility billing. 16 DETAILED PROCEDURES, STREET LIGHTING DISTRICTSUNITS 17  STREET LIGHTING DISTRICTSUNITS 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