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HomeMy WebLinkAbout1986-88ORDINANCE NO. 86 -88 AN ORDINANCE OF IRIDIAN RIVER COUNTY, FLORIDA, RELATING TO THE ACQUISITION, CONSTRUCTION AND USE OF CERTAIN LOCAL IMPROME NTS; PROVIDING FOR THE LEVY OF SPECIAL ASSESSMENTS AND SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES; AUTHORIZING THE ISSUANCE OF BONDS PAYABLE FROM SPECIAL ASSESSMENTS, SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES, SPECIAL ASSESSMENTS AND/OR SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES IMPOSED BY OTHER PUBLIC BODIES AND PAYABLE TO THE COUNTY PURSUANT TO AN INTERGOVERNMENTAL, AGREEMENT AND, AT THE OPTION OF THE COUNTY, FROM OTHER LEGALLY AVAILABLE NON AD VALOREM FUNDS; AUTHORIZING THE COUNTY TO ENTER INTO CERTAIN INTERGOVERNMEN'T'AL AGREEMENTS WITH PUBLIC BODIES LOCATED WITHIN ITS TERRITORIAL BOUNDARIES; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS; pursuant to Article VIII, Section 1, Florida Constitution (1968), and Chapter 125, Florida Statutes (1985), as amended, the Board of County Cenmissioners of Indian River County, Florida, has all powers of local self-government to perform county functions and to render county services in a manner not inconsistent with general or special law, and such power may be exercised by the enactment of county ordinances; WHEREAS, it is necessary for the public health, safety and general welfare of Indian River County, Florida, and its citizens that provision be made for the acquisition, construction, repair, paving, hard surfacing, widening, guttering and drainage of streets, boulevards and alleys; for the grading, leveling, paving and hard surfacing of sidewalks; for the construction of sanitary sewers, storm sewers and drains, including the necessary appurtenances thereto; for the construction of water mains, water laterals and other water distribution facilities, including the necessary appurtenances thereto; for the drainage and reclamation of wet, low or overflowed lands; and for the provision of street lighting and that provision be made for the payment of all or any part of the costs of any such improvements by levying and collecting special assessments on the abutting, adjoining, contiguous or other specially benefited property; *MW,A.S, it is necessary for the public health, safety and general welfare of Indian River County, Florida, and its citizens that the County facilitate the expansion of improvements to as many of its citizens as Practicable, and further that the County provide alternatives for funding such expansion, by imposing impact fees reasonably calculated to offset a portion of the capital cost of new demand on improvements and special assessments in lieu thereof; and WHEREAS, it is necessary and desirable to provide for the issuance of bonds to finance the cost of acquisition, construction and use of improvements, Payable from special assessments, special assessments in lieu of impact fees, special assessments and/or special assessments in lieu of impact fees imposed by utiier public bodies and payable to the County pursuant to an intergovernmental agreement (all as hereinafter defined) and, at the option of the County, from other funds legally available for such purpose. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: ARTICLE I General SECTION 1.01 Definitions. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly requires otherwise: - 2 - "Assessment" or "Assessments" shall mean any Special Assessments together with any Special Assessments in Lieu of Impact Fees. "Board" shall mean the Board of County CcMissioners of Indian River County, Florida. "Bonds" shall mean the bonds of a series issued pursuant to the Provisions of this Ordinance. "Chairman" shall mean the chairman of the Board. "County" shall mean Indian River County, Florida. "Impact Fees" shall mean those fees imposed by ordinance of the County in order to offset a portion of the capital costs of anticipated new demand on Improvements. "Improvements" shall mean the acquisition, construction, repair, Paving, hard surfacing, widening, guttering and drainage of streets, boulevards and alleys; the grading, leveling, paving and hard surfacing of sidewalks; sanitary sewers, storm sewers and drains, including the necessary appurtenances thereto; water mains, water laterals and other water distribution facilities, including the necessary appurtenances thereto; the drainage and reclamation of wet, low or overflow lands; or street lighting. "Pledged Funds" shall mean with respect to a series of Bonds, (i) the proceeds from any and all Special Assessments against property specially benefitted by any Improvements or part thereof; (ii) the proceeds of any and all Special Assessments in Lieu of Impact Fees; (iii) Special Assessments and/or Special Assessments in Lieu of Impact Fees imposed by other public bodies and payable to the County pursuant to an intergovernmental agreement; and (iv) other legally available non ad valorem funds; whenever inclusion of any of the above as part of the Pledged Funds with respect to said series of Bonds has been Provided for by resolution of the Board. - 3 - "Special Assessments" shall mean assessments levied upon the abutting, adjoining, contiguous or other specially benefited property pursuant to this Ordinance in order to defray all or a part of the costs of any Improvements. "Special Assessments in Lieu of Impact Fees" shall mean assessments in lieu of impact fees levied upon property, with the consent of the property Owner, pursuant to this Ordinance. SECTION 1.02 Authorization of Lnrorovements. The Board is hereby authorized to acquire, construct and provide for the use of any of the Improvements from time to time within the unincorporated areas of the County and where intergovernmental agreements(s) have been entered into, within the respective incorporated area(s) of the County. ARTICLE II Special Assessments SECTION 2.01 Method of Prorating Special Assessments. Special Assessments against property deemed to be specially benefited by Improvements shall be assessed upon the property specially benefited by the Improvements in Proportion to the benefits to be derived therefrom, said special benefits to be determined and prorated according to the foot frontage of the respective Properties specially benefited by the Improvements, or by suck other method as the Board may prescribe by resolution. SECTION 2.02 Resolution Required to Declare Special Assessments. When the Board determines to defray the whole or any part of the cost of any Improvements by Special Assessments, the Board shall declare by resolution the nature and location of the Improvements, the part or portion of the cost thereof to be paid by Special Assessments, the manner in which the assessments are to be made, when the Special Assessments are to be paid, and what part, if any, shall - 4 - be paid from the general improvement fund of the County. The resolution shall designate the lands upon which the Special Assessments are to be levied. In describing said lands it shall be sufficient to describe them as "all lots and lands adjoining and contiguous Or bounding and abutting upon the Improvements or specially benefited thereby and further designated by the assessment plat with respect to the Special Assessments." The resolution shall also state the total actual or estimated cost of the Improvements. Such cost may include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, ,property, rights, easermnts, and franchises acquired, financing charges, interest prior to and during construction and for 1 year after completion of construction, discount on the sale of bonds, cost of plans and specifications, surveys, estimates of costs and of revenues, cost of engineering and legal services, all other expenses necessary or incident to determining the feasibility or practicability of such construction or recgnstruction, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized. SECTION 2.03 Assessment Plat. At the time of the adoption of the resolution aforesaid, there shall be on file with the clerk of the County, an assessment plat showing the area to be assessed. The assessment plat shall be open to inspection by the public. SE7CPION 2.04 Publication of Resolution. Upon the adoption of the resolution aforesaid, the County shall cause the resolution to be published one time in a newspaper of general circulation published in the County. SEXTION 2.05 Assessment Roll. Upon the adoption of the resolution aforesaid, the Board shall have an assessment roll made in accordance with the method provided in the resolution. The assessment roll shall show the lots and - 5 - Parcels of land assessed and the assessment against each lot or parcel of land, and if said assessment is to be paid in installments, the amounts and due dates thereof. The assessment roll shall be completed and filed with the Board as promptly as possible. SECTION 2.06 Publication of Assessment Roll. Upon the completion of the assessment roll, the Board shall fix by resolution a time and place at which the owners of the property to be assessed, or any other interested persons, may appear before the Board and be heard as to the propriety and advisability of making the U provements, if not already made, the cost thereof, the manner of Payment therefor and the amount to be assessed against each property. At least ten days' notice in writing of such time and place shall be given to such property owners which shall be served by mailing a copy of such notice to each of such property owners at his last known address, the names and addresses of such property owners to be obtained from the records of the property appraiser, proof of such mailing to be made by affidavit of the clerk of the County, provided that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two publications a week apart in a newspaper of general circulation in the County. The last publication shall be at least one week prior to the date of the hearing. The notice shall describe the streets or other areas to which the Improvements relate and advise all interested persons that the description of each property to be assessed and the amount to be assessed to each property may be ascertained at the office of the clerk of the County. SECTION 2.07 Equalizing Board. At the time and place named in the notice provided for in Section 2.06, the Board shall meet as the equalizing board to hear and consider any and all complaints as to the Special Assessments - 6 - �I i and it shall adjust and equalize the Special Assessments on the basis of justice and right. When so equalized and approved by resolution of the Board, the Special Assessments shall stand confirmed and shall remain legal, valid and binding first liens upon the property against which the Special Assessments were made, until paid in full. Upon completion of the Improvements, the County shall credit to each of the Special Assessments the difference in the Special Assessment as originally made, approved and confirmed and the proportionate part of the actual cost of the Improvements to be paid by Special Assessments as finally determined, but in no event shall the final Special Assessments exceed the amount originally assessed. Promptly after confirmation, the Special Assessments shall be recorded by the clerk of the County in a separate book, to be known as the "Assessment Lien Book", and the record of the lien in this book shall constitute prima facie evidence of its validity. ARTICLE III Special Assessments in Lieu of Impact Fees SECTION 3.01 Special Assessments in Lieu of Impact Fees. In lieu of the Impact Fees now or hereafter imposed under County Ordinance No. 84-18, as amended and supplemented, or other applicable provisions of law, the Board, at its sole discretion, is hereby authorized to assess, by resolution, Special Assessments in Lieu of Impact Fees. Special Assessments in Lieu of Impact Fees shall be assessed against the properties with respect to which Impact Fees would otherwise be imposed. A Special Assessment in Lieu of an Impact Fee shall be assessed only against a specific property with the consent of the owner of said Property. Such consent shall be given in the manner prescribed by resolution of the Board. In the event that consent is given with respect to a specific Property, then the Impact Fee which would otherwise be .*V -Fed fv - 7 - said property shall not be imposed, anything to the contrary contained in any ordinance or other provision of law notwithstanding. SECTION 3.02 Method of makin Special Assessments in Lieu of Impact Fees. The Board shall follOW all of the notice, hearing and other procedures set forth in Sections 2.03, 2.04, 2.05 and 2.06 for Special Assessments for Special Assessments in Lieu of Impact Fees, as applicable and/or appropriate. SECTION 3.03 Hearing Required. At the time and place named in the notice provided for in Section 3.02, the Board shall meet to hear and consider any and all:camplaints as to the Special Assessments in Lieu of Impact Fees. After due consideration of any such complaints, the Board may take any action it finds to be just and right with respect to the Special Assessments in Lieu of Impact Fees. The Board shall then approve by resolution the Special Assessments in Lieu of Impact Fees. When so approved, the Special Assessments in Lieu of Impact Fees shall stand confirmed and shall remain legal, valid ''9nd binding first liens upon the property against which they were made, until paid in full. Promptly after confirmation, the Special Assessments in Lieu of Impact Fees shall be recorded by the clerk of the County in the "Assessment Lien Book" referred to in Section 2.07, and the record of the lien in this book shall constitute prima facie evidence of its validity. ARTICLE IV Priority of Lien; Legal Proceedings, Etc. SECTION 4.01 Priority of Lien; Interest and Method of Payment. Assessments hereunder shall be payable at the times and in the manner to be specified by resolution of the Board. Assessments shall remain liens, co -equal with the lien of all state., county, district and municipal taxes, superior in dignity to all other liens, titles and claims until paid, and shall bear interest at a rate to be specified by resolution, or, if bonds are issued - 8 - Pursuant to this Ordinance, at a rate not to exceed two (2) percent above the rate of interest at which the bonds are sold. Assessments may, by the aforesaid resolution, be made payable in equal installments over a period not to exceed 20 yea's, to which, if not paid when due, there shall be added a penalty at the rate of one percent per month, until paid. SECTION 4.02 1�egal Proceedings Instituted upon Failure of Property Owner to Pay Assessment, Interest or Penalty when Due; Foreclosure; Service of Process. Each installment provided for in Section 4.01 shall be paid upon the dates specified, with interest until the entire amount of the Assessment has been paid, and upon the failure of any property owner to pay any installment due, or any part thereof, or any interest or penalty, the Board shall cause to be brought the necessary legal proceedings to enforce payment of the Assessments with all interest and penalties, together with all legal costs incurred, including a reasonable attorneys' fees, to be assessed as part of the costs and in the event of default in the payment of any installment of an Assessment, or any interest, the whole Assessment, together with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In any such foreclosure, service of process against unknown or non-resident defendants may be had by publication, as now provided by law. The foreclosure Proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages or, in the alternative, said proceedings may be instituted and Prosecuted under Chapter 173, Florida Statutes. ARTICLE V Issuance of Bonds SECTION 5.01 Authorization to Issue Bonds. The Board is authorized from time to time to provide by resolution for the issuance of Bonds. The - 9 - Principal amount of the Bonds shall not be in excess of the the sum of (i) the amount of any Assessments imposed hereunder; (ii) in the event that Assessments imposed by another public body are payable to the county pursuant to an intergovernmental agreement, the amount thereof, and (iii) an amount the debt service with respect to which can be paid from any other legally available non ad valorem funds; provided the same are pledged by resolution of the Board for the payment of the Bonds. Bonds may be issued in one or more series. The Bonds shall be issued in fully registered form and be in such denominations and bear interest at Such rate or rates as may be determined by resolution of the Board. The Bonds shall mature at such time or times not exceeding two (2) years after the due date of the last installment of the Assessments with respect to which the Bonds are to be issued, and shall have such other terms and conditions as may be determined by resolution of the Board. The Board may, at its option, prior to the date of issuance of any series of Bonds, elect:, to use an immobilization system or book -entry system with respect to issuance of such �rc3s 4���ia� sa���e �enorc�s will `ae kept wifih respect to the ownership of Bonds. The details of any such system shall be set forth in a resolution of the Board duly adopted prior to the issuance of the applicable series of Bonds. The Bonds may be made redeemable before maturity, at the option of the Board, at such price or prices and under such terms and conditions as may be fixed by the Board prior to their issuance. The Board shall determine the place or places of payment of the principal of the Bonds, whichmay be at any bank or trust company within or without the State of Florida. Interest on the Bonds sha11 bL- p y7 by checks or drafts mailed to the registered owners thereof. The Bonds shall be signed by the manual or facsimile signatures of the Chairman and clerk of the Board, and the Bond registrar, provided that the Bonds shall bear at least one signature which is manually executed thereon. The facsimile signature of any - 10 - k person who held such office at any time on or after the date of adoption of any resolution with respect to the Bonds, notwithstanding that he may have ceased to be such officer at the time the Bonds are actually delivered. the Bonds shall have the seal of the Board affixed, imprinted, reproduced or lithographed thereon. The Bonds may be delivered to any contractor for payment for his work in constructing Improvements or may be sold at public or private sale at such price or prices as the Board shall determine to be in its best interest. The Bonds shall be special obligations of the County payable solely from the Pledged Fiends with respect thereto and shall not constitute a general or moral obligation or a pledge of the faith, credit or taxing power of the County, the State of Florida or any political subdivision thereof. Neither the County, the State of Florida nor any political subdivision thereof shall be obligated by levy ad valorem taxes on any property to pay the principal of, premium, if any, or interest on the Bonds or any cost incidental thereto or to pay the same from any funds of the County other than the Pledged Funds with respect thereto. The Bonds shall have all the qualities of negotiable paper under the law merchant and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers or holders thereof for value. SECTION 5.02 Security for Bonds. The payment of the principal of, redemption premium, if any, and interest on any issue of Bonds shall be payable from and shall be secured equally and ratably by a pledge of and lien upon the Pledged Funds with respect to said issue. The provision of this Section 5.02 shall not be construed so as to impair or authorize the impairment of the security of the holders of any obligations previously issued by the County. Pled!jed Funds shall be deposited in a separate account or accounts. Funds in such accounts may be invested and reinvested as provided by resolution of the F:I F Board. Income from investments shall be added to and became a part of any such account or accounts. Any surplus remaining after payment of the principal of, • Premium if any, and interest on the Bonds shall revert to the County and may be used for any lawful purpose. ARTICLE vi Miscellaneous SECTION 6.01 Intergovernmental Agreements. The County is hereby authorized to enter into agreements with any public body within its territorial boundaries whereby the County agrees to construct any Improvements within the H territorial boundaries of said public body or agrees to make available any Improvement for the use of said public body; provided, however, that if Bonds are issued to finance any part of the cost of the construction or use of such Improvements, said public body must impose substantially identical Special Assessments, Impact Fees, Special Assessments in Lieu of Impact Fees and other fees, rates or charges as applicable and/or appropriate, to those imposed by ordinance or resolution of the County and pledged as Pledged Funds with respect to any such Bonds. Said Special Assessments, Impact Fees, Special Assessments in Lieu of Impact Fees and other fees, rates and charges shall be payable to the County under said agreements, and said agreements shall be for a duration of not less than the final maturity of any such Bonds. The definitive form of such agreements shall be specified by resolution of the Board. SECTION 6.02 No Referendum Required. No referendum or election in the County shall be required for the exercise of any of the provisions of this Ordinance, unless such referendum or election is required by the Constitution of the State of Florida. SECTION 6.03 No Impairment of Contract. The County will not enact any ordinance or adopt any resolution which will repeal, impair or amend in any - 12 - manner the rights of the holders of the Bonds issued from time to time, or the security of the Pledged Funds. SECTION 6.04 Re ding Bonds. The County may, by resolution of the Board, issue bonds to refund any Bonds issued pursuant to this Ordinance and Provide for the rights of the holders hereof. Such refunding bonds may be issued in an amount sufficient to pay the principal of the outstanding Bonds; the interest due and payable on the outstanding Bonds to and including the first date upon which the outstanding Bonds shall be callable prior to maturity or the dates upon which the principal thereof shall mature, or any dates in between the redemption premiums, if any, on the Bonds; and any expenses in connection with the issuance and sale of such refunding bonds. SECTION 6.05 This Ordinance Full and Su lemental Authority. This Ordinance shall, without reference to any other law of the State of Florida or the County, be full authority to the Board and the County to carry out and perform the powers set forth herein. This Ordinance shall not be deemed to repeal or supersede any general or special law or ordinance of the County relating to the subject matter hereof, but shall be considered as supplemental, additional and alternative authority to the Board and the County to carry out and perform the powers set forth herein. SECTION 6.06 Expenditure for I�rovements The County may pay out of its general funds or out of any special fund that may be available for that purpose such portion of the cost of any Improvement as it may deem proper. SECTION 6.07 Assessment Roll Sufficient Evidence of Assessment and Other Proceedin s under this Ordinance, Variance Not Material Unless Part Ob- jecting Materially Injured Thereby. Any information or irregularity in the proceedings in connection with the levy of any Assessment under the provisions - 13 - Of this Ordinance shall not affect the validity of the same where the assessment roll with respect thereto has been confirmed by the Board and said 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 in connection with the adoption of the said assessment roll were duly had, taken and performed as required by this Ordinance; and no variance from the provisions of this Ordinance shall be held material unless it be clearly shown that the party objecting was materially injured thereby. SECTION 6.08 Construction. This Ordinance shall be liberally construed to effectuate its purpose. SECTION 6.09 Effective Date. A certified copy of this Ordinance, as enacted, shall be filed in the office of the Department of State of the State of Florida by the clerk of the Board within 10 days after its enactment, and this Ordinance shall take effect upon receipt of official acknowledgment from that office that such ordinance has been filed. SECTION 6.10 Power of Board. All power and authority granted to the County by the provisions of this Ordinance shall be exercised by the Board, or its successors, as the governing body of the County. SECTION 6.11 Severability. The provisions of this Ordinance are intended to be severable. If any one or more sections, paragraphs, sentences, clauses or provisions shall be held to be illegal or invalid, the remaining sections, sentences, clauses and provisions of this Ordinance shall nevertheless stand and be construed as if the illegal or invalid sections, sentences, clauses or provisions had not been included herein. SECTION 6.12 Repealer. All other ordinances, resolutions or parts - 14 - thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 16th day of December , 198 6 . BOARD OF COUNTY COW4ISSIONERS OF INDIAN RIVER COUNTY By: / C Don C. Scurlock, r , Chairman Acknowledgement by the Department of State of the State of Florida this 29th day of December , 198 6 Effective Date: Acknowledgement from the Department of State received on this 5th day of January , 198 7 at 11:00 A.M"/P.M. and filed in the office of the Clerk of the Board of County Carmissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. BY: �� ��Qy _ Charles P. Vitunac County Attorney - 15 -