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HomeMy WebLinkAbout05-032 ~'trY to '. M5ßU W. P~IIc.. WC(I\.S PfDt1. A~. Fì (\<.1.(\( (- aMi> Fìk. ORDINANCE NO. 05-032 AN ORDINANCE OF THE COUNTY OF ST. LUCIE COUNTY, FLORIDA, AMENDING CHAPTER 1-13 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS AND AMENDING SECTION 1-13.5-1 TO PROVIDE THAT THE BOUNDARIES OF AN MSTU OR MSBU MAY BE NON-CONTIGUOUS; AMENDING SECTION 1-13.5-3 TO PROVIDE THAT THE BOARD MAY ESTABLISH SUCH ADMINISTRATIVE PROCEDURES AS IT DEEMS APPROPRIATE OR NECESSARY TO EFFECT THE PURPOSE AND INTENT OF THIS CHAPTER; AMENDING SECTION 1-13.5-7 TO PROVIDE THAT IT SHALL ULTIMATELY BE THE OWNER'S SOLE RESPONSIBILITY TO NOTIFY THE COUNTY IF A PARCEL OR LOT IS NOT BUILDABLE; AMENDING SECTION 1- 13.5-7 TO PROVIDE FOR AN OPPORTUNITY TO OBJECT TO THE CREATION OF AN MSBU AND AN APPEAL PROCEDURE; AMENDING SECTION 1-13.5-7 TO PROVIDE THAT THE BOARD MAY COMBINE THE TWO PUBLIC HEARINGS; AMENDING SECTION 1-13.5-7 TO PROVIDE FOR THE DISTRIBUTION OF ANY CREDITS UPON COMPLETION OF THE PROJECT AND APPROVAL OF THE FINAL ASSESSMENT ROLL; AMENDING SECTION 1-13.5- 11 TO PROVIDE FOR THE DISTRIBUTION OF ANY EXCESS FUNDS AFTER DEBT SERVICE ON ANY BONDS ISSUED TO FUND THE PROJECT HAS BEEN PAID IN FULL; CREATING SECTION 1-13.5-16 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO PROVIDE FOR THE ESTABLISHMENT OF A FINANCIAL HARDSHIP ASSISTANCE PROGRAM TO ASSIST IMPOVERISHED OWNERS OF REAL PROPERTY WITH THE PAYMENT OF SPECIAL ASSESSMENTS IMPOSED WITHIN THE BOUNDARIES OF CERTAIN MUNICIPAL SERVICE BENEFIT UNITS; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. ;OO:!Jcnm ~;o¡;;~C o~.z:§ ;00 ~z º^~Es: tjNoo(")' ..!:::~_"T1 ~( )om::a en -c 0 (") .-< . >,iJ;:¡§O,- i:.n u' c: :'" om¡§z' NO~(") ~~-<¡:;; ,e¡, ::a No" ~:-:" 0 f\J~ ." W~ :i! -i m :;§ º ~ ::a o (") ;0 c: o :::¡ z (") o c: ::a ~ WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA HAS MADE THE FOLLOWING DETERMINATIONS: Struel( tkreugk passages are deleted. Underlined passages are added. (a) Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code") provides for the establishment of municipal service benefit units ("MSBU") in unincorporated areas of St. Lucie County (the "County") for the purpose of providing water, road, drainage and waste and sewage collection and disposal and other essential facilities and services. (b) Chapter 1-13.5 further provides that the cost of such services may be paid in whole or in part from funds derived from special assessments levied within such units, and that the special assessments may be collected in the manner provided for ad valorem taxes pursuant to Chapter 197, Florida Statutes. (c) Failure by a property owner to pay special assessments collected pursuant to Chapter 197, Florida Statutes, will cause a tax certificate to be issued against the property which may result in a loss of title. (d) The Board of County Commissioners of St. Lucie County (the "Board") wishes to provide a program of assistance to unincorporated County residents who are living at or below the poverty level and who may be at risk of losing title to their homes as a result of inability to pay the special assessments imposed against their property. (e) The Board wishes to establish as procedure for distribution of excess funds after debt service has been satisfied. (f) The Board wishes to establish a procedure for distribution of credits upon completion of the project and approval of the Final Assessment Roll. (g) relief. The Board wishes to establish a procedure for final adjudication and action for (h) contiguous. The Board wishes to establish that the assessment boundaries may be non- (i) The Board wishes to have the ability to combine the two public hearings. (j) The Board wishes to have the ability to establish administrative procedures to effect the purpose and intent of this chapter. (k) The Board wishes to establish that it shall ultimately be the owner's sole responsibility to notify the County if the parcel or lot is not buildable. Strud< through passages are deleted. Underlined passages are added. 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter 1-13 of the St. Lucie County Code and Compiled Laws is hereby amended to read: Sec. 1-13.5 -1. Creation - - Authorized. Pursuant to Chapter 125, Part I, Florida Statutes, and other applicable provisions of law, municipal service taxing units ("MSTU") or municipal service benefit units ("MSBU") may be established in unincorporated areas of the county under the provisions of this chapter for the purpose of providing fire protection, law enforcement, beach erosion control, recreation services and facilities, water, streets and roads, sidewalks, garbage and trash collection and disposal, waste and sewage collection and disposal, drainage, transportation, and other essential facilities and services. The cost of these improvements or services may be paid in whole or in part from funds derived from fees, service charges, special assessments, or taxes or other charges levied within such units and the cost of the improvements may also be paid in whole or in part from the proceeds of bonds issued for such purposes. Subject to the consent by ordinance of the governing body of the affected municipality given either annually or for a term of years, the boundaries of an MSTU or MSBU may include all or part of a municipality. The boundaries of an MSTU or MSBU may be non-contiguous. Sec. 1-13.5-2. Governing body of municipal service taxing or benefit units. The board of county commissioners of St. Lucie County (the "board") shall be deemed to be the governing body of each taxing or benefit unit created pursuant to this chapter. References to the board of county commissioners or to municipal service taxing or benefit units herein shall be deemed to include both, as appropriate. Sec. 1-13.5 - 3. Powers of taxing or benefit units. (a) Each of the taxing or benefit units created pursuant to this chapter shall have the power to levy and collect ad valorem taxes and special assessments, to set and collect rates, fees, and charges, to contract, to borrow and expend funds, to issue bonds, certificates of indebtedness, revenue certificates, and other obligations or indebtedness, and to exercise any other power as may be granted by general or special law. Each taxing or benefit unit is authorized to enter into contracts with private persons or firms or with municipalities, counties and other units of government for the purpose of providing the taxing or benefit unit with any or all of the services the unit is established to provide. The county, acting through Stl"l:Id( thl"ðl:lgh passages are deleted. Underlined passages are added. 3 its board of county commissioners, may exercise the foregoing powers on behalf of any MSBU or MSTU created hereunder. (b) The board may provide for the payment of a part or all of the costs of constructing and operating any improvements or the provision of services under this chapter by levying and collecting special assessments on the abutting, adjoining, contiguous or other property specially benefitted by the improvements or services provided herein and by issuing bonds payable from the proceeds of such assessments. (c) Special assessments against property deemed to be benefitted by improvements or service as provided in this chapter shall be assessed upon the property specially benefitted by the improvement or service in proportion to the special benefits to be determined and prorated according to the foot frontage or square footage of the respective properties specially benefitted by said improvement or service, according to the equivalent residential unit or trip generation method, or according to such other lawful method, including ad valorem valuation and service charges, as the board may prescribe by resolution. @ The Board may establish such administrative procedures as it deems appropriate or necessary to effect the purpose and intent of this chapter. Sec. 1-13.5-4. Budget adoption-- Taxing units. Each year any taxing unit created pursuant to this chapter shall adopt an annual budget according to the requirements of Chapter 129, Florida Statutes. The board of county commissioners of St. Lucie County thereafter may cause such millage to be levied against all lawfully taxable property within said unit as is sufficient to raise the budget. All funds so raised shall be used solely for the expenses of the taxing unit. Proper accounts and records shall be kept at all times. Sec. 1-13.5-5. Creation of units. (a) The board of county commissioners, upon its own motion or upon written petition by a majority of the affected property owners, shall determine whether creation of a proposed municipal service taxing or benefit unit may be of benefit to the residents of and/or the real and personal property located within the boundaries of such proposed unit. (b) Property owners, as referred to in this chapter, shall include any persons, firm, partnership, corporation, trust, or other legal entity holding title to any property which would be liable for special assessments hereunder if said special assessment were made. The Strud( tkrðl:lgk passages are deleted. Underlined passages are added. 4 requirements for a majority of such property owners, as provided below, shall mean no less than (a) fifty-one (51) per cent of the owners in number and, where the assessment against each owner is substantially equal or, (b) the owners of lands liable for fifty-one (51) per cent of the assessment where the proposed assessment against each owner is not substantially equal. For purposes of this section, substantially equal means a variance between the highest and lowest assessment of not more than twenty (20) per cent. (c) The board of county commissioners, at its option, may place a question concerning the creation of a proposed municipal service taxing or benefit unit on the ballot at any primary election, general election or otherwise called special election as provided by general law, to obtain an expression from qualified electors residing within the proposed unit as to whether the proposed unit should be created. The cost of the election shall be added to the cost of the improvements or services in the event the board determines to create the proposed taxing or benefit unit. Provided, however, the results of any election held pursuant to this section are not binding on the board. (d) Initial petition. Property owners may petition the board for the county engineer to provide a preliminary estimate of the cost of construction of requested improvements or the cost of requested services under the provisions of this chapter. The county engineer 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 by the county engineer upon the basis of information in the public records. Property owners may withdraw their names from the petition by providing the county engineer with written notice of such withdrawal at any time prior to the initial public hearing, provided, however, as set forth in section 1-13.5-5 of this Code, the board may create a municipal services taxing or benefit unit on its own motion without the concurrence of fifty-one (51) per cent 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 and (ii) a statement that the petitioners (a) request that the improvements be constructed or that the services be provided (b) recognize that the determination of special assessments will be made by the board at a public hearing (c) agree to be assessed for the actual cost for construction of the improvements or provisions of services, including allowable administrative and other incidental costs connected therewith, in an amount not to exceed the maximum allowed by this chapter and (d) agree to be assessed for the costs of preparing the plans, specifications, and cost estimates required for the project in the event the project is not approved. Strud< thrsl:Jgh passages are deleted. Underlined passages are added. 5 (f) Priority of petitions and record keeping. Petitions shall be numbered in the order in which they are received. The county engineer shall maintain a tabulation of numbered petitions along with the dates of filing, hearings, preliminary estimates and the final cost. Sec. 1-13.5-6. Procedure for creation of municipal service taxing units. (a) Public hearing. Prior to creating a municipal service taxing unit, the board shall hold a public hearing. Notice of the public hearing shall be published twice in a daily newspaper of general circulation in St. Lucie County, once not less than twenty-one (21) days and once no more than seven (7) days before the date of such public hearing. The notice shall include a brief description of the unit, the proposed action to be taken by the board, and the time, date and place of the hearing. The board may, at the board I s option, determine to mai I an additional notice to affected property owners prior to the public hearing. (b) Resolution creating taxing unit. If the board finds, at the advertised public hearing, that creation of such unit would be in the public interest, it shall adopt a resolution providing for the creation of the unit. The resolution shall set forth the following: (1) The name or designation by which the unit shall be known. (2) The boundaries of the unit. (3) The services to be provided or improvements to be constructed in the unit. Sec. 1-13.5-7. Procedure for creation of municipal service benefit units. (a) Initial hearing. Upon receipt of a petition that complies with this chapter to create a MSBU, the county engineer shall submit the petition to the board and shall request permission to advertise an initial public hearing to determine (i) the need for the proposed project, (ii) the percentage of public and private benefits and (iii) the method of assessment. Notice of the initial public hearing shall be published twice in a daily newspaper of general circulation in the county once not less than twenty-one (21) days and once not more than seven (7) days before the date of such public hearing. 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. The published notice shall include the same information and shall also include a map showing the specially benefitted property. An initial public hearing is not required if the board Stl"ud< tRl"ðl;lgR passages are deleted. Underlined passages are added. 6 determines on its own motion to direct the county engineer to prepare a report as set out below. At the time set for the initial public hearing, the board shall hear all interested persons and shall make an initial determination as to whether (i) the project is in the best interest of the health, safety and/or welfare of the county and, if so, (ii) the percentage of public and private benefits which will result from the proposed improvements or services, and (iii) the method to be used in assessing specially benefitted property. That percentage of the benefits of the improvements or services which the board finds accrues to the public shall be the percentage of the cost of improvements or services borne by the county. Upon making the above determinations, the board shall adopt a resolution creating the unit and authorizing the county engineer to proceed with the project as hereinafter provided. The board may, upon its own motion, direct the county engineer to prepare a report for specified improvements or services even though no petition of property owners has been presented or the majority ownership condition is not met. The resolution shall contain findings by the board (i) that the improvements or services would be of benefit to the real and personal property within the boundaries of the proposed unit, (ii) that the cost of providing such improvements or services is not expected to be in excess of the benefit gained, and (iii) that the creation of such unit would be in the public interest. In addition to such findings, the resolution shall set forth the following: (1) The name or designation by which the unit shall be known. (2) The boundaries of the unit. (3) The improvements or services to be provided in the unit. (4) The method of assessment approved by the board. (Q) The County will make its best efforts to determine whether a parcel or lot is buildable. However. it shall ultimately be the owner's sole responsibility to notify the County if the determination may be in error. (b f) Project report and preliminary assessment roll Upon receiving authorization to proceed with the project, the county engineer shall prepare a report, accompanied by a map and other pertinent data, setting forth: (1) The boundaries of the proposed benefit unit and recommendations as to any territory within such boundaries which should be excluded from the unit because of the disproportionate cost of providing the improvements or services requested for such territory or for any other reason. Strl:ld< throl:lgh passages are deleted. Underlined passages are added. 7 (2) The location or locations of any improvements to be acquired, leased or installed, all of which shall be constructed to county standards. (3) An estimate of the cost of such improvements. (4) An estimate of the annual expense of operating any such improvements and providing such services. (5) An estimate of fees, direct charges, engineering costs and administrative costs. (6) A list of specially affected property owners and the status of any petitions. (7) A preliminary assessment roll which will indicate the tentative assessment for each parcel within the proposed MSBU necessary to finance the improvements or services. (e Q) Information meeting. Thereafter, if the board so directs, all specially benefitted property owners shall be notified of an informal meeting with the county engineer, at which the county engineer will explain the proposed improvements or services, the tentative assessment to each property, and the procedure thereafter to be followed. Other necessary county personnel will attend said meeting as directed by the board. The notification required to be given for such meeting to be held by the county engineer shall consist of a notice published in a local newspaper of general circulation in St. Lucie County. Said publication shall be made once at least ten (10) days before the informational meeting date. An additional courtesy notice of the county engineer shall also be mailed to each property owner, by regular mail, no less than ten (10) days prior to the informational meeting date. The mailed notice shall be based on names and addresses found in the records of the property appraiser or from such other sources the county engineer deems reliable. The mailed notice shall include the property owners' tentative assessment applicable to the property to be assessed, provided, however, that in lieu of an informational meeting, the county engineer may distribute by regular mail, a comprehensive and detailed explanation of the proposed improvements or services and the reasons why same are necessary. (d~) Second public hearing. Upon completion of the preparation of the report and preliminary assessment roll, the county engineer shall request from the board permission to advertise a public hearing thereon. Provided, however, that the board at any time, in its sole discretion, may determine not to proceed with the improvements or services. Stl"uel( thl"ðUgh passages are deleted. Underlined passages are added. 8 Prior to the public hearing, the county engineer shall notice the hearing by first- class mail and by publication in a daily newspaper of general circulation within St. Lucie County. Addresses for mailed notices shall be obtained by the county engineer from the records of the property appraiser or from other sources as the county engineer deems reliable. The notice by mail shall be sent at least twenty-five (25) days prior to the public hearing to each person owning property within the proposed MSBU and shall include (i) the purpose of the assessment, (ii) the total amount to be levied against each parcel, (iii) the unit of measurement to be applied against each parcel to determine the assessment, (iv) the number of such units contained within such parcel, (v) the total revenue to be collected by the special assessment, (vi) a statement that all affected property owners have a right to appear at the hearing and to file written objections with the board within twenty (20) days of the date of the notice, and (vii) the date, time and place of the hearing. If the board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as provided for in section 1-13.5-11(i) of this chapter, the mailed notice shall also provide a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. The published notice shall be published twice in a daily newspaper of general circulation in St. Lucie County, once not less than twenty-one (21) days and once not more than seven (7) days before the date of such public hearing. The published notice shall include (i) a brief description of the project, (ii) a geographic depiction of the property subject to the assessment, (iii) the proposed action to be taken by the board, (iv) the time, date and place of the hearing, and (v) statement that all affected property owners have a right to appear at the hearing and to file written objections with the board within twenty (20) days of the publication of the notice. If the board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as provided for in section 1-13.5-11(i) of this chapter, the published notice shall also provide a statement that the assessment shall be collected by the tax collector and include a proposed schedule of the assessment. At the public hearing the owners of the property to be assessed or any other persons interested may appear before the board and be heard as to the propriety and advisability of making such improvements or providing such services, as to the costs thereof, as to the manner of payment thereof, and as to the amount thereof to be specially assessed against each property so improved. At the public hearing the county engineer shall also present to the board the preliminary assessment roll. The assessment roll shall show (i) the lots and lands assessed, (ii) the amount of the benefit to and the assessment against each lot or parcel of land, and (iii) if said special assessment be paid in installments, (a) the number of annual installments into which the special assessment may be divided which shall not exceed thirty (30), and (b) whether the assessment shall be payable in equal installments of principal to which interest shall be added or equal installments of principal and interest shall also be entered and shown upon said assessment roll. Strl:l¿: < tkreugk passages are deleted. Underlined passages are added. 9 At the time and place named in the published notice. or to which and adjournment may be taken. the Board shall receive any objections of interested persons. and may then. or thereafter. repeal or confirm the resolution. with such amendments. if any. as may be desired by the Board which do not change the location of the improvement or improvements. nor increase the estimated and probable cost thereof. Any objections not made at the hearing shall be considered as waived. and if any objections made shall be overruled and not sustained. the confirmation of the resolution shall be construed to be the final adjudication of the issues presented unless action for relief shall be filed by the objector or objectors to such confirmation in a court of competent jurisdiction within thirty (30) days from the date of such confirmation. At the time and place named in the notice of public hearing, the board shall also meet as an equalizing board to hear and consider any and all complaints as to such special assessments and shall adjust and equalize the assessments on the basis of just and right. When equalized and approved by resolution of the board, the assessments as shown in the preliminary roll, as adjusted, shall stand affirmed and constitute a legal, valid and binding lien, coequal with other liens for county taxes, upon the property against which such assessment is made, from the time of adoption of the resolution at the initial public hearing as provided in subsection (a) above, until paid; provided, however, that upon completion of the improvements the board shall credit to each of said assessments the difference in the assessment as originally made, approved and confirmed above and the proportionate part of the actual costs of said improvement to be paid by special assessment as finally determined upon completion of said improvement; provided that in no event shall the final assessments exceed by more than ten (10) per cent the amount originally assessed by the board without a further public hearing. Promptly after the confirmation of the assessments, the assessments shall be recorded by the clerk of the board in a special book to be known as the lIimprovements lien bookll, and the record of the lien in said book shall constitute prima facie evidence of its validity. Notwithstanding the above, a copy of the resolution referred to above shall be recorded in the official records of the clerk of the circuit court of St. Lucie County so as to facilitate knowledge thereof by third parties. However, if the board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as provided for in section 1-13.5-11(i) of this chapter, such recording shall not be required. The resolution approving the preliminary assessment roll, as equalized, shall (i) state the nature of the proposed improvements or services, (ii) designate the areas to be so improved or served, (iii) state the method in which said assessments shall be made, (iv) state when the assessments are to be paid, and (v) state that pursuant to Section 197.3632, Florida Statutes, notices of the public hearing have been sent by first-class mail to each person owning property subject to the assessment as set forth in an attached affidavit executed by Strl:ld< tkrðl;lgk passages are deleted. Underlined passages are added. 10 the county engineer or his designee. The resolution shall also (i) designate the lands upon which the special assessment shall be levied and (ii) state the total estimated costs of the improvement or annual cost of the services. The estimated costs shall include, but not necessarily be limited to, an estimate of construction costs, right-of-way costs, borrowing costs and consultant fees, permit fees, the cost of preliminary and other surveys, inspections, and superintendence of the work, the preparation of the plans and specifications and the estimate, the printing, mailing, and publishing of notices and proceedings, the preparation of certificates, bonds, the costs of collection of assessments, including discounts for prepayment and/or early payment, administrative costs and any other expense necessary or proper to any of the foregoing. ill The Board of County Commissioners may combine the two public hearings. íg) Upon completion of the project and approval of the Final Assessment Roll. any credits due shall be credited and/or paid to the owner of record as defined by the Property Appraiser's current tax roll as follows: (j)if the assessment amount has been paid in full. the owner shall receive a monetary refund if the minimum amount of refund exceeds twenty-five dollars ($25.00). or in if the assessment has not been paid. a) refund shall be used to lower the assessment amount either by reducing the assessment amount and adjust the annual payment amount. or b) to be applied to redeem bonds. or c) as determined by the Board. Sec. 1-13.5-8. Proceedings by county engineer subsequent to hearing. Upon receiving authorization to proceed as provided for herein, the county engineer may publish requests for proposals for engineering services to prepare the plans, specifications and cost estimate for the project and the budget officer/purchasing agent may publish requests for bids for construction and financing of the project pursuant to the plans and specifications. Sec. 1-13.5-9. Contracts. After the adoption of the resolution approving the preliminary assessment roll as provided in section 1-13.5-7(g), above, the board shall enter into such contracts and agreements with such companies, municipalities and special districts as the board may determine are necessary to provide the improvements or services for which each unit authorized by this chapter was created. Stl"ud< thl"6I:Jgh passages are deleted. Underlined passages are added. 11 Sec. 1-13.5-10. Annual municipal services taxing unit taxes. 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 improvements or services for which each municipal services taxing unit authorized by this chapter was created, and the amount so determined shall be specially levied upon all lawfully taxable property within the unit. Such taxes 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 same priority rights, bear interest, be subject to penalties, and be treated the same as county taxes, except that, in accordance with the second sentence of Article VII, Section 9(b), Florida Constitution, such taxes shall be levied within the limits fixed for municipal purposes except that, in accordance with the second sentence of Article VII, Section 9(b), Florida Constitution, such assessments shall be levied within the limits fixed for municipal purposes. The proceeds of such taxes shall, when collected, be deposited and applied only to the purpose or purposes for which they are levied. Sec. 1-13.5 -11. Special assessments; collection. (a) Priority of lien, interest, method of payment of special assessments. The special assessments shall be payable at the time and in the manner stipulated in the resolution providing for said improvements or services. The assessments shall bear interest at a rate not to exceed the maximum rate permitted by law for such assessments from (i) the date of approval of the resolution provided for in subsection 1-13.5-7(d) above or (ii) such other date as may be fixed by the board, and may be made payable in annual installments as determined by the board, if installments are allowed by the board, to which installments, if not paid when due there shall be added a penalty at the rate of one (1) per cent per month upon the due but unpaid principal portion of the installment(s), until paid; provided that said assessments may be paid without interest or additional amount at any time within thirty (30) days after (i) the adoption of the resolution approving the preliminary assessment roll as provided in subsection 1-13.5-7(d) above or (ii) such other time as may be specified by the board. The special assessment shall be payable at the St. Lucie County Finance Department or the St. Lucie County tax collector as provided by the board. (b) Valid assessment to be made. If any special assessment made under the provisions of this chapter to defray part of the expense of any improvement made or services provided hereunder shall be either in whole or part vacated or set aside by the judgment of any court or the board shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected or if the board shall have omitted to make such assessment when it might have done so, the board shall take all necessary steps to cause a Strud( through passages are deleted. Underlined passages are added. 12 new assessment to be made for any improvement or service and against any property specially benefitted by such improvement or service following as nearly as may be the provisions of this chapter. In case such second assessment shall be likewise invalid, the board may obtain and make other assessments until a valid assessment shall be made. (c) Certificate of indebtedness. At the termination of said thirty-day period for payment of such special assessments, the clerk of the board may prepare separate certificates of indebtedness against each lot, parcel or tract of land for which an assessment remains unpaid; and such separate certificate of indebtedness shall contain a description of the land together with the total amount of the assessment which shall be the amount assessed plus the cost of recordation of said certificate and recordation of satisfaction or cancellation thereof together with a statement of the general nature of the improvement or service for which the assessment has been made, the date thereof, the name of the fee simple owner of record and such further information pertaining thereto as the board may determine. The said certificate shall be payable to the County of St. Lucie or any proper assignee or assignees thereof. Any assignment of certificate must appear on the certificate itself and also upon the books of the County of St. Lucie for such assignment to be legal and binding. The certificate shall bear interest at a rate not greater than the maximum rate permitted by law for such assessments, as may be determined by the board and shall be payable annually from date thereof, in equal and annual installments of principal, together with interest accrued upon the principal remaining outstanding and unpaid, in equal annual installments, the number of installments, if any, to be determined by the board, provided, however, that any certificate may be paid at any time by payment of the total unpaid principal thereof together with interest computed to the date of payment. (d) Issuance of certificates of indebtedness. The certificates, when issued, shall be signed by the chairman of the board of county commissioners of St. Lucie County, or in the event of his absence or other incapacity, by the vice-chairman of the board and signed by the clerk of the circuit court of St. Lucie County as the clerk, and as clerk of said board, or, in the event of his absence, by an assistant clerk. The seal of said clerk shall be affixed thereto. The signature of the chairman or vice-chairman shall be acknowledged before a notary public for the State of Florida and upon which acknowledgement of the same shall be entitled to being recorded in the office of the clerk of the circuit court of St. Lucie County, Florida. Any notary duly commissioned by the State of Florida may take and certify such acknowledgment to be made by the chairman or vice-chairman; and in this respect, the clerk or assistant clerk, if such person be a duly commissioned notary public may take and certify such acknowledgment for which the clerk or assistant clerk shall receive no compensation other than the compensation which may be paid to him in his capacity as clerk or assistant clerk. Strud( thrðl:lgh passages are deleted. Underlined passages are added. 13 (e) Alternate method of financing improvements. As an alternative to issuing certificates of indebtedness as set out in subsections (c) and (d) above, the board may, as a means of financing improvements, (i) enter into loan agreements with local financing institutions to pledge the revenues from the special assessments, or (ii) issue bonds, in the manner provided by ordinance, secured by the proceeds of the special assessment. Where bonds are issued secured by the proceeds of special assessments, to the unpaid principal of the assessments may be added (a) interest at a rate not to exceed one (1) per cent in excess of the interest rate on the bonds and (b) such amounts as are necessary to pay (i) the fees and expenses of the tax collector and property appraiser in connection therewith and (ii) to allow for discounts for early payment of assessments coll~cted pursuant to Chapter 197.3632, Florida Statutes. (f) Default on special assessment. Failure to pay any installment of principal or interest or any part thereof when the same shall become due and payable, shall cause, without notice or other proceedings, all installments of principal then remaining unpaid to be immediately due and payable, and may subject the property to which assessment relates to foreclosure. The County of St. Lucie or the holder of the certificate may proceed to enforce the lien of such assessment as hereinafter provided or may cause the amount of such assessment to be paid from other funds or sources in the discretion of the board. Immediately upon default in any payment an additional lien for the cost of enforcement thereof, including court costs, abstract costs and reasonable attorneys' fees shall accrue and mature. Enforcement of such assessments may be by suit in equity brought in accordance with the Florida Rules of Civil Procedure or by any other lawful legal process or procedure then available for enforcement pursuant to the laws of the State of Florida. In any event, the final decree or judgment shall include the amount of principal remaining due and unpaid upon such assessment, together with any interest accrued thereon, and, if bonds secured by such assessment are outstanding, interest and redemption premium, if any, to accrue on such bonds to the earliest date in which such bonds may be called for redemption, together with all costs including abstract fees and attorneys' fees as aforesaid. The foreclosure proceeding brought hereunder shall be prosecuted to a sale and conveyance of the property involved in said proceedings as provided by law in suits to foreclosure mortgages. (g) Assessment roll sufficient eVIdence. Any informality or irregularity in the proceedings in connection with the levy of any special assessment under the provisions of this chapter shall not effect the validity of the same where the assessment roll has been confirmed by the board. The assessment roll as finally approved and confirmed shall be competent and sufficient evidence that the assessment was duly levied, that the assessment was duly made and adopted, and that all other proceedings adequate to the adoption of the said assessment roll were duly had, taken and performed as required by this chapter. No Strl:Jd< thr6ugh passages are deleted. Underlined passages are added. 14 variance from the directions of this chapter shall be held material unless it be clearly shown that the party objecting was materially injured thereby. (h) Payments. Billing, receiving and accounting for the payment of assessments shall be the responsibility of the clerk of the circuit court or the St. Lucie County tax collector as provided by the board. A record of payments and balances shall be kept for each property assessed. A tabulation of accounts shall be provided by the clerk of the circuit court or the St. Lucie County tax collector. (i) Optional method of collecting special assessment. As an alternative method of collecting special assessments to that specified above, the board may, pursuant to the provisions of sections 197.3632 and 197.3635, Florida Statutes, as amended, use the uniform method of collecting special assessments specified in those sections. For the purposes of determining the amount of the special assessment lien in disbursing the proceeds from tax sale deeds, the lien of record against any property shall be deemed to be the amount as shown in the resolution referred to in section 1-13.5-7(h), reduced by the amount of any principal therefore paid and increased by the amount of any interest and cost of collection if delinquent. If any assessment is paid in part, but not in full, such partial payment shall reduce the total principal amount of assessments due but shall not reduce the annual payments (except for the final payment) due on such assessments or postpone the due date for the next scheduled payment of assessments after such partial payment. i After debt service on any bonds issued to fund the project has been paid in full any excess funds shall be disbursed in the following manner: 1) revert to the County and be deposited into MSBU Reserve Fund for any special assessment use as determined by the Board. or: 2) refunded to the owner of record. as defined by the Property Appraiser's current tax roll. if the minimum refund amount of at least twenty-five dollars ($25.00) per parcel. so long as the total amount collected does not exceed the final assessment amount. including interest. as defined by the Final Assessment Roll. Sec. 1-13.5-12. County authorized to advance necessary expenses. To accomplish the purposes of this chapter, the board is authorized and empowered to appropriate and advance from its general fund the moneys to pay necessary expenses prior to the creation of any unit and the receipt of unit funds. After any unit is created, the moneys so advanced shall be repaid to the general fund from unit funds. Any moneys so advanced and expended toward the creation of any unit but resulting in such unit not being created shall be a county expense. The appropriation and expenditure of funds under this section is a county purpose. Stl"tlel< thl"ðtlgh passages are deleted. Underlined passages are added. 15 Sec. 1-13.5-13. Provisions supplemental. This chapter shall be deemed to provide a supplemental, additional and alternative method of procedure for the benefit of the county and shall not apply to improvements done pursuant to any other law. Sec. 1-13.5-14. Notice of intent to issue bonds. Prior to the issuance of any bonds, certificates or other obligations (the "bonds"), pursuant to this chapter, the board may, in its discretion, publish a notice at least once in a daily newspaper of general circulation in the county, stating (i) the date of adoption of the resolution authorizing the bonds, (ii) the amount, maximum rate of interest and maturity of the bonds, (iii) the purposes in general terms for which the bonds are to be issued, (iv) the name of the municipal services benefit unit or municipal services taxing unit (the "unit") created to levy an assessment or tax to repay the bonds, and further stating that any action or proceeding q,uestioning the validity of the bonds, or of the proceedings authorizing the issuance thereof, or of any covenants made therein, or questioning creation of the unit, must be instituted within twenty (20) days after the publication of such notice, or the validity of the bonds, the proceedings authorizing the issuance thereof, the covenants made therein, and the creation of the unit shall not be thereafter questioned in any court whatsoever. If no such action or proceeding is instituted within twenty (20) days of the publication of the notice described above, then the validity of the bonds, the proceedings authorizing the issuance thereof, the covenants made therein, and the creation of the unit, shall be conclusive and all persons or parties whatsoever shall be forever barred from questioning these matters in any court whatsoever. This procedure is supplemental and in addition to any other procedure available to the board to establish the validity of bonds issued or units created pursuant to this chapter and the failure by the board to institute this procedure shall not affect the validity of such bonds or units. Sec. 1-13.5-15. Dissolution of units. A municipal services taxing unit or municipal services benefit unit created pursuant to this chapter may be dissolved by resolution of the governing body of the unit provided that no such unit may be dissolved unless all indebtedness secured by the proceeds of taxes or special assessments levied by the units is paid off or unless there is otherwise full compliance with the terms, conditions or covenants of the document(s) or note which established the indebtedness. Strtlc!< through passages are deleted. Underlined passages are added. 16 Section 1-13.5-16 Financial Hardship Assistance Program. úù. The Board of County Commissioners is hereby authorized to implement by resolution a financial hardship assistance program in order to provide financial assistance for those real property owners in unincorporated St. Lucie County living at or below poverty levels whose real property is subject to special assessments imposed under the provisions of this chapter. Such resolution shall set forth guidelines. application criteria. and other procedural requirements necessary for administration of the program. The expenditure of County funds for administration of a financial hardship assistance program is hereby authorized. provided that such expenditures shall consist solely of. and be entirely contingent upon the existence of . legally available funds other than special assessments imposed and collected by the County. A t the Board I s sole discretion. the financial hardship assistance contemplated by this Section may take the form of (j) direct payment by the County of the special assessment. or some portion thereof. otherwise due from the applicant property owner. (ij) a deferral of such special assessment. or portion thereof. until such time or event as provided for in the resolution. or (iij) any other form deemed appropriate by the Board which provides for the full funding of any underlying bonds. debt. or obligations of the county. M In its sole discretion. the Board shall on an annual basis determine and designate the funds available to fulfill the purpose of this section. The provision of financial hardship assistance in anyone year shall in no way establish a right or entitlement to such assistance in any subsequent year and the provision of funds in any year may be limited to the extent funds are available and appropriated by the Board of County Commissioners. PART B. SEVERABILITY . Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART C. 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 D. EFFECTIVE DATE. This Ordinance shall take effect upon October 1, 2005. Strud( through passages are deleted. Underlined passages are added. 17 PART E. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft AYE AYE AYE AYE AYE PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code 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 B to F shall not be codified. PASSED AND DULY ADOPTED this 20th day of September, 2005. ~>"'-~ cnl;:"'~'.'.'\.. oJ: ~,,' ~)i"Y';~.:'t" -,'. 'i.~ ~ \ . /, .".~ ....,~ , '.;¡' .," .:t .,.' 4' . A? >, ·'.'::~iJ;.~~\iJ BOARD OF CPUNTY COMMI~~ONeRS ST·I.,Yf~49UNTY, FLOftt6A ¿'..:": ) , . "';~~_,~~_..I-(~~__~__~."" ." " .~ , ' .._ ~ .J>,~ BY: /]>;/L'W.Yl-f-.'...~fPf£r;Þ::l;~1A)~:8I" Chairmani : " ".' c " ,j,-::.,._.;,-- ,A.,¡ 'j- :"":^;;"7~_",;",:"~;.-+,,,;;;. ~,'~-~' ..... BY: G: \A TTY\ORDNANCE\2005 \05-032.wpd Strl:Jc!< throl:Jgh passages are deleted. Underlined passages are added. 18