Agenda

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Public Hearings 12.

BCC Regular Meeting

Meeting Date:	08/04/2016
Issue: 5:33 p.m. Public Hearing to consider an Ordinance establishing the Kingsway Drainage Improvement MSBU
From:	Alison Rogers
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

5:33 p.m. Public Hearing to consider an Ordinance establishing the Kingsway Drainage Improvement Municipal Services Benefit Unit (MSBU).

Recommendation: That the Board take the following action concerning the Kingsway Drainage Improvement MSBU:

A. Adopt an Ordinance creating Volume I, Chapter 70, Article VII, Division 4, Sections 70-727 through 70-734 of the Escambia County Code of Ordinances establishing the Kingsway Drainage Improvement Municipal Service Benefit Unit and all related documents and make the following findings of fact:

1. Due to public safety concerns, the Board of County Commissioners waived the Application and Petition requirements specified in the Escambia County Municipal Services Benefits Units Guidelines and Procedures. The proposed Kingsway Drainage Improvement MSBU has otherwise met the criteria established by the Board of County Commissioners in the Escambia County Municipal Services Benefits Units Guidelines and Procedures for a municipal service benefit unit;

2. Lots in the District are specially benefited since drainage improvements increase the market value of an individual Lot, and increase the ability of Lot owners to develop their land;

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 the cost of general governmental service provided to residents in the unincorporated areas of Escambia County;

4. Through its creation of the District, the Board of County Commissioners has not accepted ownership of any roads, streets, easements, or lots located within the District other than those expressly accepted or acquired through vote of the Board of County Commissioners, and the Board of County Commissioners shall not maintain such properties during or subsequent to installation of any drainage improvements in the District;

B. Accept the donation of a permanent easement across real property referenced as property identification number 201N301101000001 from Classic Homebuilders, Inc., for the purpose of providing drainage improvements in the Kingsway MSBU District and authorize the Chairman, subject to Legal review and sign-off, to execute the Agreement acknowledging the Board’s Acceptance of the easement; and

C. Accept the donation of a permanent easement across real property referenced as property identification number 201N301102000100 from the Kingswood Estates Homeowners’ Association, Inc., for the purpose of providing drainage improvements in the Kingsway MSBU District and authorize the Chairman, subject to Legal review and sign-off, to execute the Agreement acknowledging the Board’s Acceptance of the easement.

BACKGROUND:

The proposed Ordinance will establish the Kingsway Drainage Improvement Municipal Service Benefit Unit for the purpose of providing drainage improvements within the district. Accepting the donation of the proposed easements across the subject properties is necessary to complete the drainage improvements.

BUDGETARY IMPACT:

The proposed MSBU assessment will defray the cost of drainage improvements within the district based upon a fair and reasonable apportionment of the cost to all specially benefitted properties. The assessment may be paid in a single lump sum or may be amortized over a five (5) year period at four percent (4%) interest compounded annually plus any applicable statutory administrative fees payable to the Tax Collector and Property Appraiser.

LEGAL CONSIDERATIONS/SIGN-OFF:

The proposed Ordinance was drafted by Assistant County Attorney, Kristin D. Hual, and advertised in the Pensacola News Journal on Saturday, July 23, 2016.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

A copy of the Ordinance will be filed with the Department of State.

Attachments
Kingsway MSBU Ordinance