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

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, words in the plural number include the singular, and words in the singular number include the plural. Words used herein and not otherwise defined shall have the meaning given to them in the Act. “ASSESSMENT” means the charge imposed against Benefitted Properties under this Ordinance for the provision of the Project, including administrative costs and contingencies. "ASSESSMENT ROLL" means the lists prepared by the County and confirmed by the Board containing a summary description of each parcel of real property within the Street Lighting MSBU that is subject to the Assessment, the name and address of the owner of each such parcel and the amount of the assessment authorized by this Ordinance against each parcel. “BENEFITED PROPERTIES” shall mean those properties within the boundaries of the Street Lighting Municipal Services Benefit Unit which are benefited by the Project and which are subject to the assessments authorized herein. "BOARD" means the Board of County Commissioners of Okaloosa County, Florida. 2  "CLERK" means the Clerk of the Circuit Court of Okaloosa County, Florida. "COUNTY" means Okaloosa County, Florida. ANNUAL ASSESSMENT RESOLUTION” means the Resolution which finally establishes the amount of the assessment to be imposed against Benefited Properties. “STREET LIGHTING MSBU” means the Municipal Services Benefit Unit created for the purposes of providing street lighting improvements and services. "OWNER" means the person or persons owning or leasing an interest in real property located within the unit, as identified by the records of the Property Appraiser's office. “PROJECT” means the provision of street lighting improvements and services within the boundaries of the Street Lighting MSBU as may periodically be approved and scheduled for improvement. "REAL PROPERTY" means each parcel, unit, leasehold, or leasehold interest, and improvements located in the Okaloosa County Beach Restoration Project Municipal Services Benefit Unit. Section 3. Creation of the Okaloosa County Street Lighting Municipal Services Benefit Unit. (A) Pursuant to the authority granted under section 125.01, Florida Statutes, there is hereby created a municipal services benefit unit which shall be known as the Okaloosa County Street lighting Municipal Services Benefit Unit or the “Street Lighting MSBU”. The boundaries of the Street Lighting MSBU shall consist of the entire unincorporated area of Okaloosa County. The boundaries of the Street Lighting MSBU are depicted on Exhibit “A”. (B) Though the boundaries of the Street Lighting MSBU include the entire unincorporated area, assessments shall only be imposed for street lighting improvements and services in those areas that Projects have been provided. 3 (C) The Board had previously created various municipal services benefit units for the provision of street lighting improvements and services. Those units are hereby merged into the Street Lighting MSBU and are abolished as separate and distinct units. Assessment Revenues that have previously been collected for the benefit of those respective Units shall continue to be separately accounted for and only expended for the benefit of those properties that contributed funding. A list of those previous created municipal service benefits units which are hereby merged into the Street Lighting MSBU and abolished as separate and distinct units is attached as Exhibit “B”. (D) The County has previously formed additional municipal services benefit units which provide street lighting improvements and services. These are the Okaloosa Island Street lighting District created by Ordinance 85-06, which exclusively provides street lighting improvements and services, and the Bluewater Bay Municipal Services Benefit Unit created by Ordinance 02-16, which provides a variety of improvements and services, including those for street lighting. These shall remain separate and distinct units and shall not be merged within the Street Lighting MSBU. (E) Additional Projects areas may be included or deleted from the boundaries of the Street Lighting MSBU by resolution. Section 4. - Purpose. It is the purpose of this Ordinance to authorize the imposition of assessments, charges and fees upon those Benefited Properties located within the boundaries of the Street lighting MSBU to fund street lighting improvements and services within those areas that receive those improvements and services. Section 5. - Governing Body. The board of county commissioners of Okaloosa County, Florida, shall be the governing body of the Street Lighting MSBU, and shall exercise that function by the approval of the Project, the execution of contracts to provide for the street lighting improvements and services and disburse funding received through the imposition of the Assessments. 4 Section 6. – Assessments. The Board is authorized to impose assessments, charges and fees for the provision of street lighting improvements and services. The assessments, charges and fees imposed upon benefited properties shall be collected on the water and/or sewer utility bills. (A) IMPROVEMENTS. Assessments for improvements for street lighting purposes in an existing area or in an area that seeks to institute street lighting services shall be calculated on a per lot or parcel basis. The cost of the improvements shall be determined and allocated equally among those Benefitted Properties on a per lot or parcel basis. The cost of providing improvements to an area within the Street Lighting MSBU shall not be allocated to other properties which are not receiving the benefit of those street lighting improvements. The cost of those improvements may be funded over a period of two years on equal monthly payments collected on the water and sewer utility bill. The cost of the improvement shall be in addition to the monthly charge for street lighting services and shall be approved by resolution. (B) SERVICES. Assessments for street lighting services in an existing area or in an area that seeks to institute street lighting services shall be calculated on a per lot or parcel basis with all other Benefitted Properties within the Street Lighting MSBU. The County, through its staff, shall determine the projected amount of the cost of street lighting services over the next year for all Benefited Properties that are receiving street lighting services. Such projected amount shall be determined based upon historical data, projected estimates provided by the utilities company or any other reasonable methodology. The Board shall annually adopt, prior to October 1, a resolution setting forth the projected amount to be collected annually from the Street Lighting MSBU. Such Resolution shall constitute the Assessment Resolution. That amount shall be allocated to all Benefitted Properties within the Street Lighting MSBU and collected by equal monthly payments on a per lot or per parcel basis. In addition to the cost of street lighting services, the County is authorized to include an amount for actual administrative costs and reserves as authorized by County policies. (C) PAYMENTS. All Benefited Properties which utilize the services of the Okaloosa County Water and Sewer System shall be billed and pay the monthly assessment for the Street Lighting MSBU along with water, sewer and other charges included within that bill. In the event the monthly assessment for the funding of