Sec. 122-27. - Alternative method.
Sec. 122-28. - No referendum required.
Secs. 122-31—122-40. - Reserved.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approving resolution means the resolution described in subsection 122-42(4) which shall approve the plans, specifications, estimated costs and tentative assessment roll and shall confirm or deny the initial resolution.
Assessment roll means the assessment roll as approved by the final resolution.
Bonds means the bonds issued by the county pursuant to resolution of the county, payable from the pledged revenues.
Clerk means the clerk of the circuit court of the county, ex-officio clerk of the Board of County Commissioners, or his designee.
Cost or costs means, as applied to the acquisition and construction of any projects authorized by the Board of County Commissioners:
(1)
The cost of physical construction, reconstruction or completion;
(2)
The costs of acquisition or purchase;
(3)
The cost of all labor, materials, machinery and equipment;
(4)
The cost of all lands and interest therein, property rights, easements and franchises of any nature whatsoever;
(5)
The cost of any indemnity or surety bonds and premiums for insurance during construction;
(6)
Interest prior to and during construction and for such period of time after completion of the construction or acquisition of such projects as the Board of County Commissioners deems appropriate;
(7)
Amounts necessary to pay redemption premiums for early retirement of bonds or notes;
(8)
The creation of reserve or debt service funds;
(9)
Costs and expenses related to the issuance of bonds or notes or other indebtedness related to the project, all financing charges and any expenses related to any liquidity facility or credit facility, including interest on bonds or notes hold by the issuer of such liquidity facility or credit facility;
(10)
The cost of construction plans and specifications, surveys and estimates of costs;
(11)
The cost of engineering, financial, legal and other consultant services;
(12)
The costs related to the collection of special assessments, including any service charges of the tax collector or property appraiser and amounts necessary to offset discounts received for early payment of special assessments pursuant to applicable law; and
(13)
All other costs and expenses properly attributable to such acquisition or construction and such other expenses as may be necessary or incidental to financing authorized by this article;
and including reimbursement of the county or any other person for any moneys advanced for any costs incurred by the county or such person in connection with any of the foregoing items of cost. Unless otherwise provided by resolution of the Board of County Commissioners, costs shall not include any of the costs or expenses described above to the extent such costs or expenses were incurred prior to the adoption by the board of the resolution authorizing the acquisition and construction of the related project.
County engineer means such engineer or firm of engineers as shall be retained by the county to perform the responsibilities of the county engineer as provided hereunder. The county engineer may be in the regular employment of the county.
Final resolution means the resolution described in subsection 122-42(9) which shall approve the assessment roll.
Initial resolution means the resolution described in subsection 122-4(1) which shall be the initial proceeding for levying and imposing special assessments.
Notes means notes issued in anticipation of bonds as provided in sections 122-42(6) and 122-56.
Pledged revenues means:
(1)
The proceeds of the bonds, including investment earnings;
(2)
Proceeds of the special assessments as specified by the resolution authorizing the bonds; and
(3)
Any other nonad valorem revenues or other legally available moneys pledged by the county under the resolution authorizing the bonds.
Preliminary assessment roll means the preliminary assessment roll prepared by the county engineer as described in subsection 122-42(7).
Projects means the facilities and improvements which the county may construct or acquire in a unit pursuant to F.S. § 125.01(1)(q).
Special assessment means the special assessments lawfully levied by the county in accordance with the terms of this article against properties specially benefited by the acquisition and construction of the projects.
Tax rolls means the real property assessment tax roll maintained by the property appraiser of the county for the purpose of the levy and collection of ad valorem taxes.
Tentative assessment roll means the tentative assessment roll prepared by the county engineer as described in section 122-42(2).
Unit means the municipal service benefit units from time to time created by the county.
Unit resolution means the resolution described in section 122-29 which shall establish a unit.
(Ord. No. 88-23, § 1)
Cross reference— Definitions generally, § 1-2.
Sec. 122-27. - Alternative method.
This article shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This article, being necessary for the welfare of the inhabitants of the county, shall be liberally construed to effect the purposes hereof.
(Ord. No. 88-23, § 10)
Sec. 122-28. - No referendum required.
No referendum or election in the county shall be required for the exercise of any of the provisions of this article, unless such referendum or election is required by the state constitution.
(Ord. No. 88-23, § 11)
(a)
There is hereby authorized the creation and establishment by subsequent resolution of the Board of County Commissioners municipal service benefit units in the county under the authority of F.S. § 125.01. The provisions of this article shall, unless otherwise stated in the unit resolution, apply to all units hereinafter created in which special assessments shall be levied by the county.
(b)
The Board of County Commissioners may determine to establish a unit either by its own initiative or pursuant to a petition of property owners located in such unit. Each petition to establish a unit must be signed by a majority of the property owners within the proposed unit. The petition shall indicate the area to be included within the proposed unit and state the nature of the proposed project. The petition shall also state that the project shall be principally paid from special assessments. Each petition shall be provided to the clerk who shall forward the petition to the property appraiser of the county. The property appraiser shall verify that the petition is duly signed by a majority of the property owners within the proposed unit. Subsequent to verification, the property appraiser shall return the petition to the clerk. The qualified petition shall then be entered as a Board of County Commissioners agenda item. A petition to establish a unit shall comply with all other applicable county ordinances, resolutions and regulations, unless otherwise waived by the board.
(c)
The clerk shall publish, in a newspaper of general circulation, published and circulating in the county, a notice stating that at a meeting of the board on a certain day and hour, not earlier than 15 calendar days from such publication (excluding Saturdays, Sundays and legal holiday), which meeting may be a regular, adjourned or special meeting, the Board of County Commissioners will hear objections of all interested persons to the establishment of the unit and will consider the adoption of the unit resolution creating such unit. Such notice shall also describe the area to be encompassed by the proposed unit, the nature of the project to be constructed or acquired within such unit, the procedure of objecting and such other information as the Board of County Commissioners deems appropriate to include in such notice. In addition to the published notice described above, the clerk shall mail a copy of such notice by first class mail to each property owner in the proposed unit. Notice shall be mailed, at least 15 calendar days prior to the hearing, to each property owner at such address as is shown on the tax rolls. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The failure of the clerk to mail such notice shall not constitute a valid objection to holding the hearing or the adoption of the unit resolution as provided herein.
(d)
All objections to the adoption of the unit resolution creating the unit shall be made in writing, and filed with the clerk at or before the time or adjourned time of such hearing. Upon consideration of the objections and the unit resolution, the Board of County Commissioners shall consider the unit resolution with such amendments as it deems appropriate or necessary. The adoption of the unit resolution shall be the final adjudication of the issues presented thereby unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board of County Commissioners action on the unit resolution.
(e)
Any informality or irregularity in the proceedings in connection with the creation of any unit under the provisions of this article shall not affect the validity thereof and such unit shall be deemed to be valid in all respects unless it be clearly shown that the party objecting to the validity thereof was materially injured by the creation of such unit.
(Ord. No. 88-23, § 2)
For the purpose of providing the services and facilities described in this article within the units, the Board of County Commissioners shall have the following authority and powers within the units:
(1)
To acquire, improve and construct the projects.
(2)
To levy and collect special assessments or any portion thereof in the manner provided in this article.
(3)
To authorize and issue bonds to finance the cost of the projects payable from pledged revenues in the manner provided in this article.
(4)
To authorize and issue notes to finance the cost of the project payable from the moneys described in subsection 122-42(6).
(5)
To acquire in the name of the county, either by purchase or the exercise of the right of eminent domain by the county, such lands and rights and interests and to acquire such personal property as may be deemed necessary in connection with the acquisition and construction of the projects.
(6)
To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article, and to employ such consulting engineers, attorneys, accounts, construction and financial experts, superintendents, managers and other employees, contractors and agents as may, in the judgment of the Board of County Commissioners, be deemed necessary or convenient and to fix their compensation.
(7)
To exercise any and all of the powers of the county not enumerated above necessary or incidental for the purpose of providing the services, improvements and benefits described herein.
(Ord. No. 88-23, § 3)