Agenda

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Public Hearings 10.

BCC Regular Meeting

Meeting Date:	01/18/2018
Issue: 5:32 p.m. Public Hearing to Adopt the Saverna Park Subdivision Street Lighting MSBU Ordinance
From:	Stephan Hall
Department:	Asst County Administrator
CAO Approval:

RECOMMENDATION:

5:32 p.m. Public Hearing for consideration of adopting an Ordinance creating the Saverna Park Subdivision Street Lighting MSBU.

Recommendation: That the Board take the following action concerning the Saverna Park Subdivision Street Lighting Municipal Services Benefit Unit (MSBU):

A. Ratify the scheduling of a Public Hearing on January 18, 2018, at 5:32 p.m., to consider adoption of an Ordinance creating the Saverna Park Street Lighting MSBU. Per Board action on 9/7/2017, staff was directed to bring the Saverna Park MSBU request back to the Board. The assessments have been revised from an estimated $250 to $120 per year. The first year's total assessment will cover roughly 21 months or an estimated $222 per property, due to the timing of establishing the MSBU; and

B. Adopt, and authorize the Chairman to sign, the Ordinance and all related documents creating the Saverna Park Subdivision Street Lighting MSBU, with an estimated on-going assessment of $120 after a first-year estimated assessment of $222, covering approximately 21 months, and make the following findings of fact:

(1) Lots in the District are specially benefited since street lighting not only increases the market value of an individual Lot, but also increases safety in the District surrounding individual Lots and the ability of Lot owners to use their individual Lots after dark;

(2) The benefit from improved street lighting varies according to the relative size of the affected Lots. Residential Lots benefit from improved street lighting uniformly because of the small variation in size throughout the District;

(3) The non-ad valorem special assessments levied represent a fair and reasonable apportionment of the cost of the special benefit received by each lot and do not represent a fair share of the cost of general governmental service provided to residents in the unincorporated areas of Escambia County; and

(4) Lots which do not receive a special benefit have been and shall be excluded from the non-ad valorem special assessment for street lighting.

BACKGROUND:

The owners of the property contained in Saverna Park Subdivision have met the criteria established by the Board of County Commissioners for an MSBU, and the Board has reaffirmed its intent to use the uniform method of collection of non-ad valorem special assessments levied for street lighting projects. Now the property owners wish to establish the MSBU for the purpose of providing street lighting to the district.

The majority owners, Saverna Park LLC and Adams Homes of Northwest Florida, together own 66% of the 143 properties that will make up the lighting district. The majority owners submitted a Letter of Request asking to create the MSBU, and this letter meets the 55% approval requirement specified in the MSBU Guidelines and Procedures. The estimated cost per residential lot for the first year of assessment will be $222, which has to cover 21 months of service and a 10% reserve, and then subsequent annual assessments will decrease to an estimated $120.

This ordinance was originally scheduled to be adopted on September 7, 2017, but staff was directed to bring it back to a later meeting after the lighting plan could be revised to reduce the estimated assessment. The revised plan reduces assessments from the original $250 to $120, and this was made possible by reducing the number of poles from 46 to 35, and changing the fixture type.

This ordinance was also brought before the Board on December 14, 2017 and the Board voted to adopt. However the document missed the required 10 day time frame after execution to be filed with the State of Florida, and therefore must again be adopted, executed and filed with the State.

BUDGETARY IMPACT:

The MSBU will generate revenues for the purpose of providing street lighting, as well as administrative fees and a reserve for contingencies.

LEGAL CONSIDERATIONS/SIGN-OFF:

This Ordinance has been reviewed by the County Attorney's Office and found to be legally sufficient.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

The Board of County Commissioners must approve and adopt all Ordinances.

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Saverna Park Ordinance