Okaloosa County BOCC — June 21, 2016 — Streetlighting ordinance v4

ORDINANCE 16-____ AN ORDINANCE OF OKALOOSA COUNTY, FLORIDA CREATING THE OKALOOSA COUNTY STREET LIGHTING MUNICIPAL SERVICES BENEFIT UNIT; ESTABLISHING ITS BOUNDARIES; MERGING PREVIOUSLY CREATED STREET LIGHTING MUNICIPAL SERVICE BENEFIT UNITS INTO THE NEW UNIT; SETTING FORTH ITS PURPOSE; PROVIDING A GOVERNING BODY; AUTHORIZING THE IMPOSITION OF ASSESSMENTS; PROVIDING THAT THE LIEN SHALL CONSTITUTE A LIEN UPON PROPERTY; PROVIDING FOR ALTERNATIVE COLLECTION METHODS; PROVIDING FOR REVISIONS TO ASSESSMENTS; ALLOWING THE CORRECTION OF PROCEDURAL IRREGULARITES AND ERRORS AND OMISSIONS; AUTHORIZING THE USE OF ALTERNATIVE COLLECTION METHODS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, Okaloosa County has created a program whereby communities can work together to assist in the provision of essential services and improvements; and WHEREAS, one of the improvements and services provided in various areas within the County, through the cooperative efforts of those communities, is the provision of street lighting services; and WHEREAS, numerous areas within the unincorporated area have worked together with their community and the County to provide street lighting improvements and services to their areas; and WHEREAS, street lighting improvements and services specially benefit property in a variety of ways, including but not limited to, the enhancement of the safety of individuals that may use or be present at the properties, increasing the value of the properties and enhancing the use and enjoyment of the property; and WHEREAS, Article VIII, Section 1 of the Florida Constitution, and section 125.01, Florida Statutes, grant to the Board all powers of local self-government to perform County functions and to render services for County purposes in a manner not inconsistent with general or special law approved by vote of the electors, and such power may be exercised by the enactment of County ordinances. 1  WHEREAS, in addition to its powers of self-government, the Board is authorized by Sections 125.01(1)(q), Florida Statutes, to establish municipal service benefit units for all or any part of the unincorporated area within the County, or within the municipal boundaries of an incorporated area upon consent of the governing body of the affected municipality, to provide essential facilities and services. WHEREAS, approximately forty-seven municipal service benefit units have been previously created for the provision of street lighting improvements and services; and WHEREAS, the consolidation of the numerous municipal service benefit units for street lighting improvements and services into a single municipal service benefit unit will be beneficial to the properties within those units. Such consolidation will stabilize rates for the purpose of providing street lighting improvements and services and will minimize the disruption that will occur in the event that properties default on the payment of the assessments. NOW THERFORE, be it ordained by the Board of County Commissioners of Okaloosa County. Section 1. - Findings. The above Recitals are true and correct and are hereby incorporated herein as if they had been set forth in their entirety. They shall be deemed to be essential provisions of this Ordinance. Section 2. – Definitions. For the purpose of this Ordinance, the definitions contained in this section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future tense, word