Loading...
Ordinance 75-14AN ORDINANCE ESTABLISHING ADMINISTRATIVE PROCEDURES FOR THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA TO CREATE OR ENLARGE IMPROVEMENT AND SPECIAL PURPOSE DISTRICTS UPON THEIR MOTION OR UPON PETITION BY OWNERS OF PROPERTY; PROVIDING FOR ENGINEERING REPORTS, SPECIAL ASSESS~ENTS, PUBLIC NOTICE AND ADJUSTMENT OF ASSESSMENT ROLLS; PROVIDING A SEVERANCE CLAUSE AND EFFECTIVE DATE. W~EREAS, drainage, park, lighting street and road and other public services are necessary for the health, safety and welfare of the citizens of Collier County, and WHEREAS, the Board of County Commissioners of Collier County has determined that special assessment improv~ment districts provide a convenient means to finance, acquire, construct, administer, maintain and improve special purpose districts, and W~EREAS, under the provisions of Florida Statutes Section 125.01 the Board of County Commissioners of Collier County ie empowered to establish, enlarge and merge special purpose districts, NOW, T;{EREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CO~4ISSIONERS OF COLLIER COUNTY, FLORIDA~ SECTION ONE~ 1. Petition or Motion to Create Imp=ovement District. a. A special purpose or improvement district may be created, or an existing district enlarged, after petition to the Board by 50% plus one (1) of the persons owning property within the proposed district, or area to be added to an existing district; or by motion and three affirmative votes of the Boar. Commissioners. b. The petition shall be in substantially the form: PETITION TO THE BOARD OF COUNTY COmmISSIONERS OF COLLIER COUNTY, FLORIDA, The undersigned petitioners hereby request the Board of County Commissioners to establish or enlarge No. to include the following property~ It is understood that the purpose of this district is to con- struct or improve and to maintain such facilities on an annual basis. These improvements shall be paid for by assessment and collection as taxes or by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon the foots.ge abutting such street, the number of dwelling units, bedrooms, facili- ties square footage of building lots, the benefits derived from the use, or other appropriate standards. After investigation by the County Engineer and 20 days advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be '' created. Name Signature Address Date c. Within thirty (30) days the Clerk shall forward any petition to the Tax Assessor. d. The Tax Assessor shall verify that the petition is duly signed by fifty p~rcent ($0%) plus one (1) of the property owners within the boundaries of the proposed district or area to be added and return the petition to the Clerk of the Board of County Commissioners. e. The Clerk shall enter any qualified petition as a Board agenda item. 2. Preliminary Feasibility Report and Assessment. a. The Board of County Commissioners may by motion direct the County Manager to have prepared a preliminary report to include the following~ 1) The boundaries or other descr~ption sufficient to identify the property to be included in the district or enlargement~ 2) An estimate of the cost to acquire property and cost of construction; 3) An estimate of the annual expense of maintaining, repairing and operating the project; 4) Service charges and the levy of special assess- ments for paying all or a part of such expenses together with a tentative assessment roll. 5) The need for and desirability of the project, the ability of the affected property to bear the special assessments and his opinion concerning: a) If all lots and parcels within the proposed area will be specially benefited by the proposed project; b) If any property which would be specially benefited by such project is not included in the district; and c) If each lot or parcel in the district will be specially benefited by such project in excess or the amount of such special assessments to be levied thereon. 6) If the recommendations are favorable to the creation or enlargement of the district; a recommended levy of special assessments against the benefited property, and an estimate, or assessment roll, of the amount to be assessed against each front foot or other unit of benefited property. b. The. Count~ Manager shall present such written report and recommendations to the Board of County Commissioners at the earliest practicable date. 3. Notice~ and Public Hearin~ Assessment Roll Adjustment. . a. If it shall appear to the Board from such report that the project would be of special benefit to all property within the proposed district and that the total amount of the special assess- ments to be levied would not be in excess of such special benefits, the Board shall by motion establish a place, date and hour for a public hearing. b. The Clerk shall cause notice of such public hearing to be sent by regular United States mail to the address of the affected property owners recorded with the County Tax Assessor, and to be published in a newspaper of general circulation in the County at least twenty days (20) prior to the date of such hearing. Said notice shall state: 1) that a pQtition or motion for the creation and establishment of the special purpose district has bean filed, 2) shall set forth a brief description of the project petitioned or motioned for and the boundaries or'other description sufficient to identify the property to be embraced in the proposed district~ and 3.) tentative allocation of costs indicated by the tentative assessment roll, and 4) that the Board shall receive and hear objections tc the creation or enlargement of the proposed district. c. Ail objections shell be in writing and filed with the Board at or beforo the tim~ of such hearing. Any objections not so ma~e shall be waived. 4. Creation of the District. a. The Board may, after such hearing, establish, or enlarge the district by resolution setting forth the following: 1) aeciting the proceedings outlined above, declaring the district created, end the name or designation by which the district shall be known. 2) The boundaries of the district, or other descrip- tion sufficient to identify the property to be embraced in the proposed district~ 3) A brief description of the facilities, i£ any, to be acquired, constructed, reconstructed, installed or maintained in the district including a description of its materials, nature and sizel 4) A declaration as to benefits and what part, if any, of the cost of the project is to be paid for by special assessment; $) A statement of the financing method(s) in accordance with Florida law~ 6) An order to acquire, construct, reconstruct, or install the project under the provisions of this Ordinance when funds are made available therefor. 5. Preparation of Assessment Roll. Upon completion of the work the County Manager shall cause to bo ~ropared a preliminary assessment roll and file the same with the Clerk of the Board, which roll shall contain the followingt a. A description of the lots and parcels of land to be specially assessed, including the property of the county and the amount apportioned to each parcel and the name of the owner of record of each lot or parcel. The assessment roll shall be accompanied by the general criteria or standards used to apportion the costs to each specially benefited property. b. The total cost of improvement including acquisition, construction, engineering, legal and other and related service COSTS. The preliminary assessment roll shall tak~ into consideration increased or diminished benefits which individual lots or parcels may recei~,e, and hardship which may result from unusual shapes, depths, or etcher characteristics. 6. No.tics 0.f..Hearing U~on Assessment Roi1. Upon the filing with the clerk of the board of the preliminary assessment roll required by this section, the clerk shall publish once in each of two (2) successive weeks in a daily newspaper of general circulation published in the county, a notice stating that at a regular or special meeting of the board to be held on a certain day and hour all lnter&sted persons may appear and file written objections to the confirmation of such roll. Copies of such notice shall be mailed to the address recorded with the County Tax Assessor to inform owner of real property to be specially assessed. The first of ,uch publications and such posting and mailing shall occur not less than fifteen (15) days prior to the date fixed for such hearing. 7. Hearin~ and Confirmation of the Assessment Ro11. a. The Board of County Conunissioners sha11~ 1) At the time and place stated An the notice, receive written objections to the preliminary assessment ro11~ 2) Add an apportionment if an assessment has not been made~ 3) Cancel, increase or reduce assessments accor- ding to the special benefits the Board determines each lot or parcel has~ or will rec~v~ . .~ .... 4) Confirm the assessment roll as amended to be in proportion to the benefits to be derived. b. The assessment roll, as confirmed, shall be final unless an act£on for relief is filed in a court of competent Jurisdiction within ten (10) days. c. The amount of special assessment against any lot(s) or parcel(s) so abated or reduced may by resolution by the Board be assessed against the entire district, or a new assessment roll may be prepared and confirmed as provided hereinabove. 8. Payment of Assessments. .. Any assessment may be paid within sixty (60) days after the date the assessment roll is confirmed without l~terest. There- after all assessments shall be payable in equal annual install- ments with interest to be determined by the Board based on economic conditions at the time, in each of the succeeding fifteen (15) calendar years at the time general county taxes are ~ayable~ provided, however, the Board may by resolution fix a shorter. period of payment for any assessment~ and provided, further, that any assessment may be paid at any time ~fore due, together with interest accrued thereon to the date of payment. No discounts shall be allowed regardless of the time of payment. 9. Lien and Enforcement. a. After the date of confirmation each special assess- ment shall constitute a lien upon the property as is a lien for general county taxes. 1) Any assessment or installment not paid when due shall be collectible as general taxes are collected, with the same attorney's fee, interest, penalties and tax collec- torts commissions, provisions for forfeiture and the right of the district to purchase the property assessed. 2) All installments of special assessments remain- ing unpaid, with accrued interest, shall become due and payable upon advertising the property for sale. Collection of such assessments, with interest and a reasonable attorneyts fee and costs, but w~thout penalties, may be made by the district by proceedings in a court of equity to foreclose the lien or assessments as a lien for mortgages may be foreclosed under the laws of Florida. Such proceedings to foreclose may embrace all unpaid installments with accrued interest which shall, by virtue of the institution of such proceedings, immediately become due and payable. 3) If, prior to sale of the property under decree of foreclosure, payment of the i~stallments due with interest and all costs, including attorney's fee, shall be made~ such payment shall restore the remaining installments to their original maturities and the proceeding shall be dismissed. b. Not later than thirty (30) days after the annual sale of property for delinquent county taxes the Board shall insti- tute actions to enforce the collection of all special assessments remaining due and unpaid unless such property has been sold at tax sale. Such action shall be prosecuted as mortgages are foreclosed un~ez the laws of Florida. It shall be lawful to Join in one action the collection of assessments against any or all property assessed by virtue of the same assessment roil'unless the Court shall deem such joinder prejudicial to the interest of any defen- dant. The Court shall allow a reasonable attorney's fee collec- tible as a part of and ~n addition to costs of the action. c. At any sale pursuant to a decree, the District may be a purchaser as is an individual person or corporation, except that part of the purchase price represented by the assessments sued upon, including the certificate of sale thereof, may be sold or otherwise disposed of for cash or upon terms; provided, that no sale or other disposition shall be made unless a notice calling for bids at a stated time and place shall have been published in a newspaper of general circulation published in the county once in each of four (4) successive weeks prior to such disposition. SECTION TWO: Conf~ict~'Severance and ConEtruction. In the event this Ordinance conflicts with other applicable law, the more restrictive shall apply. If any portion of this Ordinance is in conflict with an Ordinance of any municipality within Collier County, it shall not be effective within the municipality to the extent of such conflict. If any .section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of c~mpetent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion thereof. The provisions of this Ordinance shall be deemed an exercise o£ the police power of Collier County for the protection of the publ~ health, safety and welfare and therefore shall be liberally construed to accomplish that purpose and implement the legislative intent and declaration. SECTION T~REE~ BE IT DECLARED that the immediate enactment of this Ordinance is necessary, therefore, notice requirements are waived and this Ordinance shall take effect immediately upon its placement, by registered mail, in the United States mail to the Secretary of State. Dated~ BOARD OF COUNTY COMMISSIONERS ATTEST: ~RET T. SCOTT P~ of Cirouit~ Cc6Tr~ ~ / / /. ' -.- Clerk Approved as to fo~ and legality~ . ' David Emerson ~run~-~ , ~/"~ ~ ~.',~' .. Collier Co~ty Attorney / .. z~ '.. .. ,,,,,,,( ,,..