Okaloosa County BOCC — May 6, 2014 — reading text

Unit contemplated (i.e., construction or street lighting) 2. Application for Unit Public Works will provide the “Guidelines and Procedures” booklet to use in requesting establishment of a Unit. The necessary information and completed forms are returned to Public Works as the formal application for a Unit, along with a $100.00 application fee. An informative letter can be mailed by U.S Postal first-class mail, if deemed necessary, to all of the property owners in the proposed area to be improved or a meeting may be scheduled to advise the property owners of the submitted application for an MSBU. 3. 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. The petition process is not a requirement of Florida Law. The petition will be provided to the Unit Liaison. 4. Petition Acceptance The Board of County Commissioners shall consider petitions signed by at least 66% (51% for Street Lighting Units) of the current property owners (number of owners) representing at least 66% (51% for Street Lighting Units) of the properties (number of lots) within the Unit boundaries. If the petition meets the above requirements and is accepted by the Board of County Commissioners, a public hearing shall be authorized for the consideration of an ordinance to establish the Unit. Please note that once the petition is accepted and a public hearing is authorized, the petition is not binding as to a final determination by the Board of County Commissioners to proceed with the project. 5. First 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 the newspaper. In addition, notification will be mailed by U.S Postal first-class mail to all property owners listed on the tax roll within the proposed Unit. 8 Packet Pg. 230  At the public hearing, the Board of County Commissioners may consider comments, objections, and information relevant to the creation of the Unit. The County Commissioners may enact or deny the ordinance. If the ordinance is enacted, it will be officially recorded the Okaloosa County Clerk’s Office, reflecting the preliminary assessment amount for each property. 6. Implementation The final engineering plans are prepared by County staff, contingent upon approval of the Board of County Commissioners. Upon completion of the final engineering plans, if the total project cost is 20% or more over the preliminary cost estimates, an additional petition process will be conducted and an additional public hearing will be held by the Board of County Commissioners to determine if the affected citizens desire the project to continue. Notices for this public meeting will be published in the newspaper; notification will also be mailed by U.S Postal first-class mail to all property owners listed on the tax roll within the proposed Unit. 7. Final Public Hearing After construction is complete, all costs relating to the project are compiled by Public Works. The Board of County Commissioners is requested to authorize a Final Public Hearing to adopt the Final Assessment Resolution or enact an Amended Ordinance. All property owners listed on the roll within the Unit will be notified of the Public Hearing and the results. The assessment will be imposed and collected immediately after the Board authorization and the final adjusted assessments will be recorded with the Okaloosa County Clerk’s Office. Notification and action concerning subsequent annual increases or decreases in the yearly assessments will be governed by: - Requirements of Florida Statutes; - County policy; and - On-going coordination mechanisms between the District and County identified in the Detailed Procedures DISSOLUTION PROCEDURES FOR MSBUs Upon written request, the County will provide guidelines for dissolving an existing Unit. The steps to take in requesting dissolution of a Unit are: 9 Packet Pg. 231  • Submission of an application to dissolve the 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 Unit. • The petition, to be considered, must be signed by at least 66% (51% for Street Lighting Units) of the current property owners (number of owners) representing at least 66% (51% for Street Lighting Units) of the assessed properties (measured consistent with the method of assessment) within the 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 Unit should be consulted for more specific information concerning requirements and procedures. 10 Packet Pg. 232 DETAILED PROCEDURES, CONSTRUCTION UNITS 11 Packet Pg. 233  CONSTRUCTION UNITS 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 Unit contemplated (i.e., construction or street lighting) Application for Unit In order to proceed with establishing a Unit, 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 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. • The Unit to be assessed does not necessarily include an entire subdivision if the entire subdivision does not materially benefit from the proposed action. • Units may be established in unplatted residential areas where the proposed action benefits the property in a definable geographic area. 12 Packet Pg. 234  • 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 Unit Commissioner may request an informative meeting with the property owners to discuss the MSBU process. Upon request by the Unit Liaison and with sufficient notice, Public Works is available to attend any community meetings concerning the establishment of the Unit. 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 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 Packet Pg. 235 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 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 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 Unit. Please note that once the petition is accepted and a public