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Home My WebLink About10-017 ORDINANCE NO. 10-017 AN ORDINANCE AMENDING CHAPTER 1-17 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA BY CREATING ARTICLE VI (STREET LIGHTING SPECIAL IMPROVEMENT SERVICE DISTRICTS) THEREUNDER TO PROVIDE A PROCEDURE FOR THE LEVY OF SPECIAL ASSESSMENTS UPON THE REAL PROPERTY BENEFITED BY STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES; RATIFYING AND CONFIRMING THE EXISTENCE OF PREVIOUSLY ESTABLISHED DISTRICTS; CREATING SECTION 1-17- 70 (CREATION AUTHORIZED); CREATING SECTION 1- 17-71 (PREVIOUSLY ESTABLISHED SPECIAL IMPROVEMENT SERVICE DISTRICTS); CREATING SECTION 1-17-72 (DEFINITIONS); CREATING SECTION 1-17-73 (CREATION OF DISTRICTS); CREATING SECTION 1-17-74 (INITIAL ASSESSMENT RESOLUTION); CREATING SECTION 1-17-75 (ASSESSMENT ROLL); SECTION 1-17-76 (NOTICE BY PUBLICATION); CREATING SECTION 1-17-77 (NOTICE BY MAIL); CREATING SECTION 1-17-78 (PUBLIC HEARING; ADOPTION OF FINAL ASSESSMENT RESOLUTION); CREATING SECTION 1-17-79 (ANNUAL ASSESSMENT RESOLUTION); CREATING SECTION 1- 17-80 (EFFECT OF ASSESSMENT RESOLUTIONS); CREATING SECTION 1-17-81 (METHOD OF COLLECTION); CREATING SECTION 1-17-82 (ADMINISTRATION AND COLLECTION COSTS); CREATING SECTION 1-17-83 (MUNICIPAL SERVICE TAXING AND BENEFIT UNITS); CREATING SECTION 1-17-84 (ANNEXATION); PROVIDING FOR CONFLICTING PROVISIONS AND REPEAL OF ARTICLE II, CHAPTER 1-17 AND ARTICLE II, CHAPTER 2-16; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3475541 05118/2010 at 02:31 PM OR BOOK 3197 PAGE 2289 - 2303 Doc Type: ORDN 1 RECORDING: $129.00 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Code of Ordinances of St. Lucie County, Florida (the "County Code") contains two separate articles providing for the establishment of special improvement service districts and the imposition of special assessments therein to fund the delivery of street lighting services, improvements and facilities, such articles being Article II, Chapter 1-17 and Article II, Chapter 2-16. Accordingly, procedures for establishing such districts appear in different articles and chapters of the County Code. 2. In order to update its current approach to the establishment of special improvement service districts and to avoid potential errors and inconsistencies arising by virtue of having multiple provisions of the County Code describing procedures for the creation of such districts, and for convenience of reference, the Board deems it advisable to supersede and repeal such provisions and to provide hereby a single, unified procedure governing the creation of special improvement services districts and the imposition therein of special assessments to fund street lighting services. 3 Article VIII, section 1 of the Florida Constitution and Sections 125.01 and 125.66, 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. 4. The Assessments authorized herein shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act as defined herein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: PART A. Article II. (SPECIAL IMPROVEMENT SERVICE DISTRICT) of Chapter 1- 17 (Roads and Bridge) is hereby repealed as follows: ARTICLE II. 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T'~ r ~ __ PART B. Article VI (Street Lighting Special Improvement Service Districts) of Chapter 1-17 (Roads and Bridges) is hereby created by adding Sections 1-17-70 through 1-17-84 to read as follows: ARTICLE VI. STREET LIGHTING SPECIAL IMPROVEMENT SERVICE DISTRICTS SECTION 1-17-70. CREATION AUTHORIZED. Special improvement service districts may be .created and established in unincorporated areas of the county under the provisions of this ordinance for the purpose of acquiring, leasing or installin sg treet li~htin~ eauinment and for the navment of electrical services and current used in the operation of the same. SECTION 1-17-71. PREVIOUSLY ESTABLISHED SPECIAL IMPROVEMENT SERVICE DISTRICTS. (A) The Board hereby ratifies and confirms the existence of any special improvement service districts previously established for purposes of funding the delivery of street lighting improvements facilities and service, each of which shall constitute a District hereunder. Approval of the annual Assessment Roll for such previously established Districts maw be effectuated through adoption of an Annual Assessment Resolution as provided for in Section 1-17-79 hereof. (B) Any resolutions previously adopted pursuant to Article II, Chapter 1-17 and Article II Chapter 2-16 including any Resolution of Intent, any special assessments imposed under such resolutions and any notice of an assessment given pursuant to such resolutions shall remain in full force and effect. The annual special assessments for any previously established special improvement service district may be approved through adoption of an Annual Assessment Resolution as provided for in Section 1-17- 79 hereof. It is the express intent of the Board in enacting this ordinance to update and consolidate the procedures for establishing special improvement service districts in order to provide a single, unified procedure, and nothing herein shall be construed to disrupt, alter or nullify any existing special assessments previously imposed by the Board within an existing special improvement service district. SECTION 1-17-72. DEFINITIONS. When used in this ordinance, the following terms shall have the following meanings, unless the context clearly requires otherwise: "Annual Assessment Resolution" means the resolution described in Section 1- 17-79 hereof, approving one or more Assessment Rolls for a specific Fiscal Year. "Assessment" means a special assessment imposed by the Board pursuant to this ordinance to fund the cost of providing Street Lighting Services. The term "Assessment" and the reference to non-ad valorem assessments herein means those assessments which are not based upon millage and which can become a lien against a homestead as permitted b~Article X, Section 4 of the Florida Constitution. "Assessment Coordinator" means the County Engineer or such person's designee. "Assessment Roll" means the special assessment roll relating to Street Lighting Services containing the information specified in Section 1-17-75 hereof, approved by a Final Assessment Resolution or an Annual Assessment Resolution. "Assessment Unit" means the apportionment unit utilized to determine the Assessment for each parcel of property. "Board" means the Board of County Commissioners of St. Lucie County, Florida. "County" means St. Lucie County, Florida. "District" means a special improvement service district created by resolution of the Board hereunder for purposes of providing and funding Street Lighting Services. "Final Assessment Resolution" means the resolution described in Section 1-17-78 hereof which shall confirm modify or repeal the Initial Assessment Resolution and which shall be the final proceeding for the imposition of an Assessment. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the following September 30, or such other period as may be prescribed by law as the Fiscal Year for the County. "Initial Assessment Resolution" means the resolution described in Section 1-17- 74 hereof which shall be the initial proceeding for establishment of a District and the imposition therein of Assessments. "Resolution of Intent" means the resolution expressing the Board's intent to collect Assessments on the ad valorem tax bill required by the Uniform Assessment Collection Act. "Street Lighting Services" means the acquisition, lease or installation of street lighting improvements facilities and equipment and the provision and payment of electrical services and current used in the operation of the same. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "Tax Roll" means the real property tax roll prepared and maintained by the County property appraiser for the purpose of the levy and collection of ad valorem taxes. SECTION 1-17-73. CREATION OF DISTRICTS. (A) The Board, upon its own motion or upon written petition by a majority of the affected property owners, shall determine whether creation of a proposed District may be of special benefit to the real property located within the boundaries of such proposed District. (B) Property owners as referred to in this ordinance, shall include any Persons, firm partnership corporation trust or other legal entity holding title to an~Property which would be liable for Assessments hereunder if said Assessments .were made. The requirements for a majority of such proper owners as Provided below shall mean no less than (i~t~-one (51) Percent of the owners in number where the Assessment against each owner is substantially eaua~l, or (ii) the owners of lands liable for fifty-one X51) per cent of the assessment where the Proposed assessment against each owner is not substantially equal. For purposes hereof, substantially equal means a variance between the highest and lowest Assessment of not more than twenty (20 percent. (C) Initial petition. Property owners may petition the Board for creation of a District. The Assessment Coordinator shall provide the petition form to any interested person Signatures on the petition and the fact of execution by a majority of such property owners shall be verified b~ the Assessment Coordinator upon the basis of information in the public records. Property owners may withdraw their names from the petition by providing the Assessment Coordinator with written notice of such withdrawal at any time Prior to the public hearing established pursuant to Section 1-17- 78 hereunder. Notwithstanding anything herein to the contrary, the Board may create a District on its own motion without the concurrence of fif , -one (51) percent of the property owners. (E) Petition form. The form of petition referred to herein shall be approved by the county attorney as to legal form and sufficiency and shall require (i) a description of the proposed improvements or services, (ii) a cost estimate for providing the proposed Street Lighting Services supplied by the applicable utility provider, and (iii) a statement that the petitioners (a request that the Street Lighting Services be provided, (b) recognize that the determination of Assessments will be made by the Board at a public hearing; (~ agree to be assessed for the actual cost of the Street Lighting Services, including allowable administrative and other incidental costs connected therewith, and (d) agree to be assessed for the costs of Preparing the plans, specifications, and cost estimates required for Providing the Street Lighting Services in the event the such services are not approved. (F) Priority of Petitions and record keeping. Petitions shall be numbered in the order in which theme are received. The Assessment Coordinator shall maintain a tabulation of numbered petitions along with the dates of filing, hearings, preliminary estimates and the final cost. SECTION 1-17-74. INITIAL ASSESSMENT RESOLUTION. The initial proceeding for creation of a District and the imposition of Assessments therein shall be the Board's adoption of an Initial Assessment Resolution. The Initial Assessment Resolution shall: (A) describe the boundaries of, or real property to be included within, the proposed District; (B) describe the Street Lighting Services proposed for fundin fg rom proceeds of the Assessments; (C) describe the proposed method of apportioning the cost of the Street Lighting Services among the parcels of property located within the District; (D) estimate the cost of providing the Street Lighting Services; (E) estimate the maximum amount of the annual Assessment and/or the maximum rate of assessment per Assessment Unit; and (F) direct preparation of an Assessment Roll for the proposed District. SECTION 1-17-75. ASSESSMENT ROLL. (A) Upon adoption of an Initial Assessment Resolution, the Assessment Coordinator shall prepare a preliminary Assessment Roll conforming to the requirements of the Uniform Assessment Collection Act and generally containing the following information: (1) a summary description of each parcel of property~conformin tg o the description contained on the Tax Roll) subject to the Assessment; (2) the name of the owner of record of each parcel, as shown on the Tax Roll; (3) the number of Assessment Units attributable to each parcel; (41 the estimated maximum annual Assessment to become due in any Fiscal Year for each parcel; and (5) if applicable, the estimated maximum annual Assessment to become due in any Fiscal Year for each Assessment Unit. (B) Copies of the Initial Assessment Resolution and the preliminary Assessment Roll shall be on file in the office of the Assessment Coordinator and open to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each parcel of property can be determined by use of a computer terminal or otherwise accessible through the Internet or similar data base. SECTION 1-17-76. NOTICE BY PUBLICATION. After preparation of the Assessment Roll as required by Section 1-17-75 hereof, the Assessment Coordinator shall publish once in a newspaper of general circulation within the County a notice stating that at a meeting of the Board on a certain day and hour, which meeting shall be a regular, adjourned or special meeting, the Board will conduct a public hearing and hear objections of all interested persons to the imposition of the Assessments, adoption of the Final Assessment Resolution and approval of the Assessment Roll. The notice shall be published at least twenty (20) calendar days prior to the public hearing and shall conform to the requirements set forth in the Uniform Assessment Collection Act. 10 SECTION 1-17-77. NOTICE BY MAIL. In addit ion to the Published notice required b~ Section 1-17-76 hereof the Assessment Coordinator shall Provide notice of the proposed Assessment by first class mail to the owner of each Parcel of property subject to the Assessment. The mailed notice shall include an estimate of the maximum amount of the Proposed Assessment and shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least twenty (20~ calendar dais prior to the hearing to each Property owner at such address as is shown on the Tax Roll on the twentieth calendar day prior to the date of mailing. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The Assessment Coordinator mayzprovide proof of such notice by affidavit. SECTION 1-17-78. PUBLIC HEARING; ADOPTION OF FINAL ASSESSMENT RESOLUTION At the time named in such notice or to which an adjournment or continuance may be taken, the Board shall conduct a public hearing and receive written objections and hear testimony of interested persons and may then, or at any subsequent meeting of the Board, adopt the Final Assessment Resolution which shall: (A) confirm, modify or repeal the Initial Assessment Resolution with such amendments, if any, as maybe deemed appropriate by the Board; (B) confirm establishment of the District; ~C) impose the Assessments; ~D) establish the maximum amount of the Assessment imposed against each parcel of proper , subject to the Assessment; (E) confirm and finalize the Assessment Roll, with such amendments as it deems just and ri hg t; and (F) determine the method of collecting the Assessments. SECTION 1-17-79. ANNUAL ASSESSMENT RESOLUTION. (A) The Board shall adopt an Annual Assessment Resolution during its budget adoption process for each Fiscal Year in which Assessments will be imposed to approve the Assessment Roll for such Fiscal Year. The Final Assessment Resolution shall constitute the Annual Assessment Resolution for the initial Fiscal Year. The Assessment Roll, as prepared in accordance with the Initial Assessment Resolution and confirmed or amended by the Final Assessment Resolution, shall be confirmed or amended by the Annual Assessment Resolution to reflect the cost of the Street Lighting Services to be paid by Assessments. Failure to adopt the Annual Assessment Resolution during the bud eg t adoption process may be cured at any time. A single Annual Assessment Resolution may approve the Assessment Roll for more than one District. 11 ~B) Adoption of the Annual Assessment Resolution for each Fiscal Year shall not require notice or public hearing unless (i) the proposed Assessment for any parcel of property exceeds the maximum amount established in the notice provided Pursuant to Section 1-17-77 hereof, (ii) an Assessment is imposed against property not previously subject thereto or (iii) the Board desires to implement an alternative to the previously ~~roved apportionment methodology, in which case the Board shall provide notice in accordance with Sections 1-17-76 and 1-17-77 hereof and conduct a public hearing prior to adoption of the Annual Assessment Resolution. In the case of an Annual Assessment Resolution which approves an .Assessment against proper , not previously subject thereto, notice and public hearing shall not be required if all owners of the newly affected property provide the Board with written consent to the imposition of the Assessment. (C) Notwithstanding anything herein to the contrary, the Annual Assessment Resolution may approve an increase in the amount of the Assessment imposed within any District by up to five (5Zpercent over the amount approved for the Prior Fiscal Year without requiring notice and public hearing in order to meet cost of living or inflationary increases in the cost of providing the Street Lighting Services; provided, however that in no event shall the cumulative total of annual increases cause the Assessment to exceed by more than ten (10~percent the maximum amount described in the mailed notice under Section 1-17-77 without a further public hearing, SECTION 1-17-80. EFFECT OF ASSESSMENT RESOLUTIONS. The adoption of the Final Assessment Resolution or of an Annual Assessment Resolution requiring notice_as_provided in Section 1-17-79 hereof shall be the final adjudication of the issues presented (including but not limited to creation of the District, the apportionment methodology utilized for allocation of the Assessments among specially benefitted property, the rate of assessment, the maximum annual Assessment for each parcel, the adoption of the Assessment Roll and the levy and lien of the Assessments, , unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the Board's adoption of such resolution. The Assessments for the initial Fiscal Year shall be established upon adoption of the Final Assessment Resolution and for each subsequent Fiscal Year upon adoption of the Annual Assessment Resolution. If the Assessments are to be collected pursuant to the Uniform Assessment Collection Act, the Assessment Roll, as approved by the Annual Assessment Resolution, shall be .certified to the Countv tax collector. Assessments imposed hereunder constitute a lien against assessed property equal in rank and dignity with the liens of all state, county or municipal taxes and other non-ad valorem assessments and, except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims until paid. 12 SECTION 1-17-81. METHOD OF COLLECTION. Unless directed otherwise by the Board Assessments shall be collected pursuant to the Uniform Assessment Collection Act, and the County shall comply with all applicable provisions thereof, including but not limited to adopting a Resolution of Intent. The Assessment Roll for any Assessments collected pursuant to the Uniform Assessment Collection Act shall be certified to the County tax collector prior to September 15 each year. The Resolution of Intent may be adopted either prior to or following the Initial Assessment Resolution. Any hearing or notice required by this ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act. SECTION 1-17-82. ADMINISTRATION AND COLLECTION COSTS. Assessments imposed hereunder may include an administrative and collection cost component to fund or otherwise reimburse the County for expenses incurred in developing, administering and maintaining Assessment. programs authorized hereunder, including but not limited to publication and mailing expenses, le ag 1 and professional fees, fees imposed by the County tax collector and County property appraiser pursuant to the Uniform Assessment Collection Act and amounts as necessary to account for any statutory prepayment discounts afforded by Chapter 197, Florida Statutes. SECTION 1-17-83. MUNICIPAL SERVICE TAXING AND BENEFIT UNITS. Any municipal service taxing unit or municipal service benefit unit established pursuant to Chapter 1-13.5 for purposes of providing street lighting services, improvements and facilities may be reconstituted as a District hereunder, provided the Board shall first give notice to the owners of real property located within the municipal service taxing unit or municipal service benefit unit and conduct a public hearing in accordance with the procedure set forth herein for establishment of a District. SECTION 1-17-84. ANNEXATION. Nothing herein shall prohibit the following actions within a District: (i) the continued delivery of Street Lighting Services, (ii, the imposition of special assessments to fund such services, (iii) an increase in the rate of assessment, or (iv) implementation of an alternative apportionment methodology if, subsequent to the creation and establishment of the District, some or all of the real property located therein is annexed into a municipality PART C. CONFLICTING PROVISIONS; REPEALER. (A) Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. 13 (B) Article II, Chapter 1-17 and Article II, Chapter 2-16 of the County Code of Ordinances are hereby superseded and repealed. Furthermore, all other ordinances or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. PART D. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. 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 F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande Aye Vice Chairman Doug Coward Aye Commissioner Chris Craft Aye Commissioner Chris Dzadovsky Aye Commissioner Paula A. Lewis Aye [Remainder of page intentionally left blank] 14 PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws 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 C through H shall not be codified. PASSED AND DULY ENACTED this 11th day of May, 2010. BOARD OF COUNTY CO MISSIONERS s_:___ ATTEST: ST. LUCIE,,COUNTY) F RIDA ,. _ ~r.,- an APPROVED AS TO FORM ANB~' ' CORRECTNESS: ~; ,;~ BY• rl~-~-~.;c~-.~.- County Attorney 15 ,,--, f` ~~ ,,: FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor October 13, 2014 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce. Florida 34982 Attention: Ms. Sue Korunow Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 10-017, which was filed in this office on October 13, 2014. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us