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HomeMy WebLinkAbout00-19HOLM° i N, LLERk: OF THE 'CIR& COURT -- GAINT I_.I CIE COUNTY i`' I ecorded : CSC; %5,/ 00 10 y 51 ORDINANCE NO. 2000-19 AN ORDINANCE AMENDING CHAPTER 1-17, ARTICLE II "STREET LIGHTING DISTRICT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-17-17 (SAME -PROCEEDINGS) TO PROVIDE FOR NOTICE TO THE RECORD TITLE HOLDERS; FURTHER AMENDING SECTION 1-17-17 TO PROVIDE FOR ASSESSMENT ON AN EQUAL BASIS RATHER THAN ASSESSMENT ON AN AD VALOREM BASIS; FURTHER AMENDING SECTION 1-17-17 (SAME -PROCEEDINGS) TO PROVIDE FOR WAIVER OF THE REQUIREMENT FOR AN ELECTION TO ESTABLISH A STREET LIGHTING DISTRICT; AMENDING SECTION 1-17-18 (VIOLATION AND CONFIRMATION OF CREATION) FOR CLARIFICATION; AMENDING SECTION 1-17-20 (ANNUAL ASSESSMENTS) TO PROVIDE FOR ASSESSMENT ON AN EQUAL BASIS RATHER THAN ON AN AD VALOREM BASIS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(q), Florida Statutes, provides f or the Board to create special municipal service taxing or benefit units for any part or all of the unincorporated areas of the County to provide various services, including street lighting. 2. On May 23, 1972, the Board adopted Ordinance No. 72-2 which created Chapter 1-17, Article II of the St. Lucie County Code of Ordinances and Compiled Laws to provide for the establishment of street lighting districts in the unincorporated areas of the County. Struck through words are deleted. Underlined words are added. 1 X__ F, 1��e&57 0OR BOOK 1304 PAGE 1614 0 3. Section 1-17-17 provides for a special assessment on all real property within a street lighting district on an ad valorem basis. 4. Given the nature of the benefit provided by street lighting, it would appear more appropriate to assess the benefitted properties on equal basis derived from the actual cost of providing the service rather than the assessed value of the benefitted property. 5. Section 1-17-17 further provides for a special election of qualified electors in a proposed street lighting district following preliminary approval by the Board to determine whether to create the district. 6. In light of the opportunities available for affected property owners to express their desires with regard to the creation of a street lighting district through the petition and public hearing process, it would appear appropriate to authorize the Board to waive the election requirement where it determines that the petition for creation of the proposed district has been signed by a majority of the record title holders. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-17-17 ("SAME -PROCEEDINGS') OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-17-17 ("Same -Proceedings") of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-17-17. Same -Proceedings. The proceedings for the creation and establishment of a district authorized by this article shall be as follows: (a) There shall be f iled with the board of county commissioners, hereinafter called the board, a petition for the creation of such district and for the levy of special assessments under the provisions of this article to pay the cost of the improvements an special services to be furnished by such street lighting district. Such petition shall be signed by the owners of not less than fifteen Struck through words are deleted. Underlined words are added. 2 0 • OR BOOK:304 PAGE 1615 (15) percent of the lots within the boundaries of the proposed district. Opposite each such signature there shall be inserted the post office address and a brief reference to the real property within the proposed district which is owned by such signer. For the purposes of such petition, the signature of any person holding a fee interest in the property shall be Buff icient, and either the signature of the husband or the wif a shall be suff icient in cases where the property is owned by both husband and wife. The rights of mortgagees and lienors shall not be considered. Such petition shall also set forth: (1) The proposed boundaries of the district, which shall not include any territory within the corporate limits of any municipality, an a request that a special street lighting improvement service district be created and established under the provisions of this article embracing the territory within such boundaries. (2) A brief description of any improvements to be acquired, leased or installed an estimate of the cost thereof. (b) Upon receipt of any petition, the board shall refer the same to the county tax assessor property appraiser. At the earliest practicable date, the tax assessor property appraiser shall examine such petition and indicate thereon any signers who are not owners of real property in the proposed district and file with the board a report setting forth the total number of lots within the boundaries of the proposed district and the number thereof whose owners have signed such petition. (c) If such reports shall show that the petition has been properly signed, the county administrator engineer shall make or cause to be made such surveys and investigations as he may deem necessary and thereupon file with the board his report, accompanied by a map and other pertinent data, setting forth: (1) The boundaries of the proposed district as set f orth in the petition and his recommendations as to any territory within such boundaries which should be excluded from the district because of the disproportionate cost of providing for such territory the improvements or special services petitioned for or for any other reason; Struck through words are deleted. Underlined words are added. 3 *OP BOOK 1304 PAGE 1616 ! (2) The location or locations of any improvements to be acquired, leased or installed; (3) His The estimated of the cost of such improvements; and, (4) H-is The estimated of the annual expense of operating any such improvements and of providing such special services. (d) If it shall appear to the board from such report of the county administrator engineer and from such other investigations as the board may make or cause to be made, that the improvements and services petitioned for would be of special benefit to all real property within the proposed district and that the cost of providing such improvements and special services would not be in excess of such special benefit, the board shall fix the place and date and hour for a public hearing, and publish once in a daily newspaper published and having a general circulation in the county a notice stating that at a meeting of the board at such place and at such date and hour, not earlier than ten (10) twenty-one 21 days f rom the date of such publication, the board will hear any objections of interested persons to the granting of such petition, which notice shall set forth a copy of the petition, excluding signatures, and brief summaries of the report of the tax assessor property appraiser, and of the report and recommendations of the county administrator. In addition, notice shall be mailed to the record title holder of any property to be specially assessed at least fourteen (14) days prior to the date of the public hearing. The mailed notice shall include a brief description of the project, the proposed action to be taken by the board and the time, date and place of the hearing. (e) At the time and place stated in such notice, or at the time to which an adjournment may be taken by the board, the board shall receive and hear any objections of interested persons to the creation and establishment of the proposed district, the boundaries thereof, the special services to be provided, any improvements to be acquired, leased or installed, or the levy of special assessments therefor, or to any defect in the petition or the proceedings theretofore taken, or which question any of the powers of the board under the provisions of this article. The board may then or thereafter grant such petition with such modifications, if any, it may deem advisable and which do not enlarge the boundaries of the district or change the general type or character of the improvements or special services to be provided. All such objections Struck through words are deleted. Underlined words are added. M •Op BOOK 1304 PAGE 1617 Ol shall be made in writing, in person or by attorney, and f iled with the board at or before the time or adjourned time of such hearing. Any such objections not so made shall be considered as waived. (f) If the board shall, after such hearing, find that the improvements and special services to be provided shall be of special benefit to all real property within the boundaries of such district, that the cost of providing such improvements and services shall not be in excess of such special benefits, that the apportionment of such cost by the levy of special assessments on the taxable value of all real property in the district, on an ad valorem basis would be in proportion to such in proportion to the benefits to the properties specially benefitted by such improvements, and that the creation and establishment of such district would be in the public interest, it shall adopt a resolution reciting the proceedings theretofore taken and providing for the creation and establishment of the district. Such resolution shall set forth the following: (1) The name or designation by which the district shall be known, such as "Special Improvement Service District No. of St. Lucie County, Florida;" (2) The boundaries of the district; (3) The special services to be provided in the district; (4) If any improvements are to be acquired, leased in installed in order to provide for such special services, a brief description thereof and the amount of cost of such improvements and the estimated amount required annually to pay the cost of operating such improvements or, if no improvements are to be acquired, leased or installed, the estimated annual cost of providing such special services; (5) The maximum annual assessment per one thousand dollars ($1,000.00) or fraction thereof of assessed value on the taxable value of all real property in the district, that will be necessary to finance such special services. Such resolution shall also provide for the calling and holding of a special election in the district at which there shall be submitted to the qualified electors residing in the district the proposition whether such district shall be created and established and the improvements and special services set forth in Struck through words are deleted. Underlined words are added. 5 CIE BOOK 1304 PAGE 1618 • such resolution financed as therein provided. A copy of such resolution shall be set forth in the notice of such special election. Such special election shall be called, noticed and conducted and the result thereof determined and declared in such manner as may be provided by the board, and may be held at the same time that any general or primary election is held or at any other time as shall be fixed by the board, anything in any law to the contrary not withstanding. The question submitted shall be substantially in the following form: "Shall Special Improvement District No. of St. Lucie County, Florida, be created and established and the improvements and special services set forth in resolution adopted by the Board of County Commissioners of St. Lucie County on 473 , be financed as provide in said resolution?" In the event the board determines that the petition has been signed by a majority of the record title holders of property within the proposed district, the board may waive the election requirement set forth in Section 1-17-17(g). In such instance. the resolution adopted pursuant to Section 1-17-17(f) shall indicate that the board has waived the election requirement and provide for the creation and establishment of the district without further action. PART B. AMENDING OF SECTION 1-17-18 ("VIOLATION AND CONFIRMATION OF CREATION") OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA. Section 1-17-18 ("Violation and confirmation of creation) is hereby amended to read as follows: Section 1-17-18. Violation and confirmation of creation. If an election is conducted pursuant to Section 1-17-17(g) and a majority of the votes cast at the election provided for in section 1-17 17 of this article by qualif ied electors residing in the district shall approve the proposal submitted at such election; the board shall adopt a resolution validating and confirming the creation of the district proposed by such election and authorizing the levy of the special assessments provided for in such section. Struck through words are deleted. Underlined words are added. 0 OPIR BOOK 1304 PAGE 1619 . PART C. AMENDMENT OF SECTION 1-17- 20 ("ANNUAL ASSESSMENTS') OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-17-20 ("Annual Assessments") of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-17-20. Annual Assessments. In each year, before the levy of county taxes, the board shall determine the amount required in the following fiscal year, in addition to the funds then available and to become available for such purposes to pay the expenses of furnishing the special services for which the district authorized by this article was created, and the amount so determined shall be specifically assessed upon the taxable value of all real property within the district in proportion to the assessed valuation of such real property on a pro rata basis. Such special assessments shall be extended and collected at the same time and in the same manner as county taxes are levied and collected, and shall have the some priority rights, bear interest, be subject to penalties, and be treated the same as county taxes. The proceeds of such special assessments shall, when collected, be deposited with such depositories as shall be designated by the board and applied only to the purpose or purposes for which they were assessed. PART D CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1,1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. SEVERABILITY AND APPLICABILITY. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Struck through words are deleted. Underlined words are added. 7 OR BOOK 1304 PAGE 1620 0 PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect on the date of adoption. PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article" ;:or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts D through H shall,"not be''codfied. PASSED AND DULY ADOPTED this 16th day of May, 2000. BOARD OF COUNTY .C��;VI�;SO� ATTEST: _ ST. LUCIE CO JNTY�A D TY gAatty\ordnance\2000\00-19.wpd BY: APPROVED Struck through words are deleted. Underlined words are added. 8