Okaloosa County BOCC — August 6, 2013 — ParkviewOrdinance — reading text

ORDINANCE NO. AN ORDINANCE CREATING THE PARKVIEW_ ROAD TOWNHOMES MUNICIPAL SERVICES BENEFIT UNIT; PROVIDING THAT SAID DISTRICT INCLUDES LOTS 1 THRU 10, PARK VIEW TOWNHOMES, PLAT BOOK 6, PAGE 80, OKALOOSA COUNTY; PROVIDING THE BOUNDARIES, PURPOSE, GOVERNING BOARD, OFFICERS, DUTIES, POWERS, PROCEDURES, AND REGULATIONS; PROVIDING THAT THE PURPOSE OF THE SAME SHALL BE FOR THE INSTALLATION AND MAINTENANCE OF STREET LIGHTS; PROVIDING FOR THE FINANCING OF THE OPERATIONS OF SAID DISTRICT BY THE IMPOSITION OF AN ASSESSMENT; PROVIDING A MODE OF COLLECTION FOR SAID ASSESSMENTS; PROVIDING PENALTIES FOR NON-PAYMENT; PROVIDING AN EFFECTIVE DATE, AND REPEALING ALL ORDINANCES OR PROVISIONS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: Section 1. Creation; Boundaries. 1. This Ordinance is enacted pursuant to and in accordance with the provisions of Sections 125.01(1)(q), and 125.01(2), Florida Statutes. 2. There is hereby created a Municipal Services Benefit Unit to be known as the Parkview Road Townhomes Municipal Services Benefit Unit, thereinafter referred to as the “District”, for the purpose of providing street lighting for the benefit of the residents of the District. The following described properties in Okaloosa County shall comprise the District: Alt of lots 1 thru 10, Park View Townhome, Plat Book 6, Page 80, Okaloosa County. Section 2. Governing Body; Advisory Committee, The Board of County Commissioners of Okaloosa County, Florida, shall be the governing body of the District, and shall exercise that function by the approval of the annual budget of the District and the execution of contracts for improvements and services for the District, and the disbursement of funds. The business and affairs of the District shall be administered and conducted by a Committee of five (5) members of the District, who shall be qualified electors residing in the District. The committee shall monitor the desires of the owners and residents and make recommendations to the Board relative to all phases of the operations of the District, including but not limited to, the selection of legal counsel, the selection of engineers, the proposed annual or monthly assessment to be levied and the basis therefore, the number and location of streetlights, contracts with Gulf Power, coordination with the Water & Sewer Department, the selection of contractors for the installation of improvements, the feasibility of projects, and the proposed priorities thereof. If no committee is established, a Point of Contact for the District must be designated by property owners within the boundaries of the Municipal Services Benefit Unit at a public meeting. This Point of Contact will provide a means of communication to and from the District. This Point of Contact will also serve as the Secretary of the District. When no Committee exists, all desires for projects of the District may be communicated by the Point of Contact and by a petition representing 51% support of the desired project. A. Selection and Terms of Office. The initial Point of Contact is Maria Rios, 532 Parkview Road, Unit 2, Fort Walton Beach, Florida 32547, B. Officers; Meetings. The officers of the Committee shall be a Chairman and a Secretary. The Secretary shall be elected by the Committee at their first meeting and shall have the duties usually pertaining to that office. A record shall be kept of all meetings of the Committee and in such meetings concurrence ofa majority of the members present constituting a quorum shall be necessary for any affirmative action by the Committee. The meetings of the Committee and minutes of the meetings shall be open to the public at all times and conducted in accordance with the Sunshine Law. Ifno Committee has been elected, the Point of Contact shall communicate all requests for action by the District by a petition. The petition must support a 51% approval of the requested action of all property owners within the District to be presented to the Board for review. Section 3. Meetings. The District shall meet at least annually to consider assessments and review operations if necessary. A record shall be kept of all meetings. Section 4. Audit. The books and records of the District may be audited annually, at the expense of the District, by the Auditor General, a private auditing firm, or the Clerk of Circuit Court of Okaloosa County, Florida. Section 5. Powers. The governing body of the District shall have the authority to: (a) Contract with public or private utility companies or independent contractors, for the furnishing of street lighting services to the District; (b) Set the assessments to be imposed and levied for the funding of the District; Section 6. Funding. (a) Funds for services to be provided will be derived from special assessments within the District. (b) All residents within the MSBU boundary that utilize the services of the Okaloosa County Water and Sewer System shall be billed and pay the monthly assessment for the District with the monthly water and sewer charges. In the event the monthly assessment for funding of the district is not paid when due, all county services, including water and sewer services in the event of non-collection, file a lien against the property, or not reconnect the said property when services are discontinued or interrupted until said initial installation costs are paid plus interest at the prevailing statutory judgments rate from the date of initial billing for the same. Section 7. Penalty. Any person, firm, corporation, or other legal entity violating any provision of this Ordinance shall be prosecuted and punished in accordance with the provisions of Section 125.69, Florida Statutes (1990). Section 8. Liberal Construction. The provisions of this Ordinance shall be liberally construed in order to effectively carry out the purposes of this Ordinance in the interest of the public health, welfare, and safety of the citizens encompassed within the District. Section 9. Severability. It is declared to be the intent of the Board that if any Section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 10. Effective Date. This Ordinance shall take effect upon receipt of official acknowledgment from the Department of State of the State of Florida that it has been filed and does hereby repeal all Ordinances or provisions thereof in conflict herewith. DULY PASSED AND ADOPTED in regular session on this the day of October, 2013. OKALOOSA COUNTY, a political Subdivision of the State of Florida BY: DON AMUNDS, CHAIRMAN BOARD OF COUNTY COMMISSIONERS ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT