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

the Street Lighting MSBU is not paid when due, then a penalty of ten (10) percent shall be assessed against the Benefitted Property that failed to pay the amount due. In the event that a partial payment is made toward the charges contained on the bill from the Okaloosa County Water and Sewer System, then the amount actually paid shall initially be allocated for the payment of the cost of street lighting improvements and other services prior to allocating that amount towards water and sewer charges. Water and sewer utility services shall not be discontinued solely as a result of the failure to pay the assessment for street lighting improvements and services. 5 (D) OTHER UTILITY PROVIDERS. The County may enter into agreements with other utility providers to collect assessments for the Street Lighting MSBU where such Projects are located in that providers service area. A list of those previous created municipal service benefits units which are merged into the Street Lighting MSBU and within for which the assessments are collected by another utility provider is attached as Exhibit “C”. Section 7. - Lien of Assessments. The assessment for street lighting improvements and services shall constitute a lien against assessed real property equal in rank and dignity with the liens of all state, county, special district and municipal taxes and other non-ad valorem assessments. Such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the Board of the Assessment Resolution establishing the total amount of the assessment against the Benefited Properties and shall attach to the real property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. Section 8. - Revisions to Assessments. If any Assessment made under the provisions of this Ordinance is either in whole or in part annulled, vacated or set aside by the judgment of any court of competent jurisdiction, or if the Board is satisfied that any such Assessment is so irregular or defective that the same cannot be enforced or collected, or if the Board has failed to include any real property on the Assessment Roll which real property should have been so included, the Board may take all necessary steps to impose a new Assessment against any real property benefited by the street lighting improvements and services, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Assessment is annulled, the Board may obtain and impose other Assessments until a valid Assessment is imposed. Section 9. - Procedural Irregularities. Any irregularity in the proceedings in connection with the levy of any Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Assessment as finally approved shall be competent and sufficient evidence that such Assessment was duly levied, that the Assessment was duly made and adopted, and that all other proceedings adequate to such Assessment were duly had, taken and performed as required by this Ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. 6 Section 10. - Correction of Errors and Omissions. (A) No act of error or omission on the part of the Board, County Staff or the Clerk, or their respective deputies or employees, shall operate to release or discharge any obligation for payment of any Assessment imposed by the Board under the provisions of this Ordinance. (B) The number of Benefited Units attributed to a parcel of real property may be corrected at any time by the County. Any such correction which reduces an Assessment shall be considered valid from the date on which the Assessment was imposed and shall in no way affect the enforcement of the Assessment imposed under the provisions of this Ordinance. Any such correction which increases an Assessment or imposes an Assessment on omitted real property shall first require notice to the affected owner in the manner described herein, providing the date, time and place that the Board will consider confirming the correction and offering the owner an opportunity to be heard. Section 11. - Alternative Method. This Ordinance is adopted specifically for this Street Lighting MSBU and shall be deemed to provide an additional and alternative method for the imposition and collection of Assessments and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. The Board may elect to collect these Assessments by any alternative manner authorized by law, including but not limited to the Uniform Method for Collection of Non-Ad Valorem Assessments. Section 12. - Codification. It is the intention of the Board that the provisions of this Ordinance shall become a part of the County's Code of Ordinances, as amended. The provisions of this Ordinance may be renumbered or relettered and that the word "ordinance" may be changed to "section," "article" or other appropriate word to accomplish such intention. Section 13. - Severability. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. 7 Section 14 - Effective Date. The provisions of this Ordinance shall take effect upon filing of a certified copy of this Ordinance with the Department of State within ten (10) days after enactment. The initial billing under this Ordinance shall begin for those improvements and services provided after October 1 following the effective date of the Ordinance. PASSED AND DULY ADOPTED by the Board of County Commissioners of Okaloosa County, Florida this ____ day of __________, 2016. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA ______________________________ Charles K. Windes, Jr., Chairman ATTEST ______________________________ JD Peacock II, Clerk of Circuit Court APPROVED AS TO FORM: ______________________________ Gregory T. Stewart, County Attorney 8  EXHIBIT “A” BOUNDARIES OF THE STREET LIGHTING MUNICIPAL SERVICES BENEFIT UNIT Okaloosa County.—The boundary lines of Okaloosa County are as follows: Beginning on the Alabama state line where same is intersected by range line dividing ranges twenty-five and twenty-six west; thence east on said state line to the intersection of said state line with the range line dividing ranges twenty-one and twenty-two west; thence south on said range line to the Gulf of Mexico; thence in a westerly direction following the meanderings of said gulf, including the waters of said gulf within the jurisdiction of the State of Florida, to the line dividing ranges twenty-five and twenty-six west; thence north on said range line to the place of beginning; provided that the counties of Escambia, Santa Rosa and Okaloosa shall have concurrent jurisdiction of any offenses committed on the waters of Santa Rosa Sound less the municipal boundaries of the cities of Cinco Bayou, Crestview, Destin, Fort Walton Beach, Laurel Hill, Mary Esther, Niceville, Shalimar and Valparaiso. 9 EXHBIT “B” LIST OF PREVIOUSLY CREATED MUNICIPAL SERVICE BENEFIT UNITS THAT ARE MERGED INTO THE STREET LIGHTING MUNICIPAL SERVICES BENEFIT UNIT 1. Bent Tree MSBU codified at Appendix D., Article LIII, Code of Okaloosa County. 2. Bent Tree, Phase 2 MSBU codified at Appendix D., Article LVI, Code of Okaloosa County. 3. Bristol Park MSBU codified at Appendix D., Article XXXV, Code of Okaloosa County. 4. Brookwood PUD MSBU codified at Appendix D., Article XXXIII, Code of Okaloosa County. 5. Chateauguay II Subdivision Street Lighting District codified at Appendix D., Article XI, Code of Okaloosa County. 6. Cherokee Bend MSBU codified at Appendix D., Article XXXIX, Code of Okaloosa County. 7. China Cove MSBU codified at Appendix D., Article LXV, Code of Okaloosa County. 8. Colony Estates II Street Lighting District codified at Appendix D., Article XXII, Code of Okaloosa County. 9. Colony Estates Area Street Lighting District codified at Appendix D., Article XIX, Code of Okaloosa County. 10. Coventry Park Village MSBU codified at Appendix D., Article XXX, Code of Okaloosa County. 11. Donlabrook Gardens MSBU codified at Appendix D., Article XXXI, Code of Okaloosa County. 12. Eagles Nest Townhomes MSBU codified at Appendix D., Article LXIII, Code of Okaloosa County.. 13. Emerald Pointe Beach Club MSBU codified at Appendix D., Article XXXII, Code of Okaloosa County. 14. Emerald Village MSBU codified at Appendix D., Article LII, Code of Okaloosa County. 15. Emerald Village, 1st and 2nd Edition MSBU codified at Appendix D., Article LVII, Code of Okaloosa County. 16. Forest Cove PUD MSBU codified at Appendix D., Article XXXVIII, Code of Okaloosa County. 17. Gable Estates Subdivision Street Lighting District codified at Appendix D., Article XII, Code of Okaloosa County. 18. Glenwood Court MSBU codified at Appendix D., Article LVIII, Code of Okaloosa County. 19. Hidden Trails Subdivision Street Lighting District codified at Appendix D., Article XX, Code of Okaloosa County. 10 20. Hidden Trails, Phase II, PUD MSBU codified at Appendix D., Article XXXVII, Code of Okaloosa County. 21. Hidden Trails, Phase VI MSBU codified at Appendix D., Article XL, Code of Okaloosa County. 22. High Grove Plantation MSBU codified at Appendix D., Article XLIV, Code of Okaloosa County. 23. Hunters Run MSBU codified at Appendix D., Article LI, Code of Okaloosa County. 24. Laffitte Crescent Street Lighting District codified at Appendix D., Article XXI, Code of Okaloosa County. 25. Lake Charleston MSBU codified at Appendix D., Article XLVIII, Code of Okaloosa County.. 26. Lake Pointe II MSBU codified at Appendix D., Article XXXIV, Code of Okaloosa County. 27. Lake Pointe MSBU codified at Appendix D., Article XXIX, Code of Okaloosa County. 28. Lawton Court MSBU codified at Appendix D., Article XLI, Code of Okaloosa County. 29. McFarland Area MSBU adopted by Ordinance 89-24. 30. Mills Landing MSBU codified at Appendix D., Article XLII, Code of Okaloosa County. 31. Northgate Street Lighting District codified at Appendix D., Article IX, Code of Okaloosa County. 32. Oakwood Amended Townhomes MSBU codified at Appendix D., Article L, Code of Okaloosa County. 33. Old Town MSBU codified at Appendix D., Article XLVII, Code of Okaloosa County. 34. Parkview Road Townhomes MSBU codified at Appendix D., Article LXVI, Code of Okaloosa County. 35. Rocky Bayou Country Club Estates MSBU codified at Appendix D., Article XLVI, Code