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Home My Public Portal AboutGulf Stream - revised ordinance for April 28_ 2011 mtg Renee Basel From:Susan Schoettle-Gumm <spgumm@mailmt.com> Sent:Thursday, April 21, 2011 4:06 PM To:Rita Taylor Cc:'Lee Evett'; 'Habib Isaac'; 'Danny Brannon' Subject:Gulf Stream - revised ordinance for April 28, 2011 mtg Attachments:Ordinance 1st reading.pdf Rita - Attached is the proposed ordinance with the corrections to the signature page. I think I have fixed the problem with page size, but if I have not, please go ahead and enlarge it on your copier. I have tried everything I can to keep it legal paper size. Thank you, Susan Susan Schoettle, PLLC Phone 941-377-4948 Cell phone 941-320-3054 Fax 941-371-8317 E-mail spgumm@mailmt.com This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941- 377-4948) or by return e-mail and delete the message, along with any attachments. 1 1 ORDINANCE NO.011 /2 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA,REGARDING A UTILITY UNDERGROUNDING PROJECT AND NON -AD VALOREM SPECIAL ASSESSMENTS TO FUND SUCH PROJECT; PROVIDING FOR AUTHORITY; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR DEVEL OPMENT AND CONSIDERATION OF UTILTY UNDERGROUNDING PROJECT NON-AD VALOREM ASSESSMENTS PURSUANT TO CHAPTER 170, FLORIDA STATUTES;PROVIDING FOR AN ASSESSMENT ADOPTION PROCESS, INCLUDING MAILING AND PUBLICATION OF NOTICES AND AN EQUALIZATION HEARING;PROVIDING FOR ORDINANCE AS AN ALTERNATIVE METHOD;PROVIDING FOR LIBERAL CONSTRUCTION AND SEVERABILITY;PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Commission (the "Commission") of the Town of Gulf Stream, Florida (the “Town”)is considering a capital improvements project to underground overhead utility lines, including but not limited to electrical, fiber optic/cable,and telephone utilities ,to specially benefit and serve properties located within a portion of the Town ; and WHERES, the Commission is considering the adoption of non -ad valorem special assessments imposed on specially benefited properties within the Town to fund the Utility Undergrounding Project; and WHEREAS, the Commission has advert ised and held a public hearing on this ordinance; NOW, THEREFORE BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS : Section 1.Authority.This Ordinance is enacted pursuant to Chapter 170, Florida Statutes, and the municipal home rule powers granted under Section 2(b), Article VIII of the Constitution of the State of Florida and Florida Statutes ch. 166, pts. I and III. Section 2.Legislative Findings. (A)The Commission has determined that the undergrounding of overhead utilities, including,but not limited to ,lines related to electrical, telephone,and cable services,located within the municipal boundaries of the Town (the “Undergrounding Project” or “Project”)is in the public interest and is in the best interests of the health, safety and welfare of the Town. (B)The Commission directed the mailing of ballots to affected property owners to measure support for the Undergrounding Project and to provide preliminary notice of the Commission’s intent to impose s pecial assessments to fund the Project, if constructed. Ballots properly submitted to the Town were counted on February 7, 2011. A majority of those ballots indicated support for construction of the Undergrounding Project to be funded through non-ad valorem special assessments. (C)The Commission hereby finds and determines, based upon the “Overhead Utility Undergrounding Feasibility Study”, by Brannon & Gillespie, LLC, and the “Town of Gulf Stream Utility Undergrounding Assessment Methodology Report”,by Willdan Financial Services, Inc., as well as additional evidence and testimony provided by such consultants that: (1)the Project provides direct and special benefit to those parcels that will be served by the undergrounded utilities, and (2) the imposition of special assessments to fund the Project is authorized and appropriate. Additional information and testimony will be considered regarding special benefit and the allocation of project costs to assessed parcels during future hearings, including the Equalization Hearing. (D)The Commission has determined that the Project will be funded by a combination of non-ad valorem special assessments imposed on the properties specially benefited by the Project and other 2 lawfully available funds of the Town as may be determined to be necessary and appropriate by the Commission. (E)The Commission has the legal authority to levy non-ad valorem special assessments on benefited properties pursuant to Chapter 170, Florida Statutes, and its municipal home rule powers under the Florida Constitution and statutes.Specifically, Subsections 170.02(1)(d) and (1)(k), Florida Statutes, authorize a municipality to pay for the relocation of utilities, including the placement underground of electrical, telephone and cable television services and to pay for all or any part of the costs of such improvements by levying and collecting special assessments on the abutting, adjoining, contiguous, or other specially benefited property. (F )The Commission has adopted Resolution No.010-8, a duly advertised Resolution declaring its intent to use the uniform method of collecting non -ad valorem special assessments on property in Gulf Stream to be specially benefited by the construction of the Project,pursuant to Section 197.3632, Florida Statutes, as amended . Section 197.3632, F.S, provide authority for such special assessments to be collected annually commencing in November 2011, in the same manner as provided for ad valorem taxes. Section 3. Assessments.The Commission hereby authorizes the further development and adoption of Assessments against benefited Parcels located within the Town to fund the Undergrounding Project. The Commission hereby directs that the procedures for adoption of special assessments as provided in Chapter 170, Florida Statutes, shall be followed. The Town may use revenue from the collection of Assessments to directly fund the Project or to refund other revenues of the Town advanced to fund the Project. Section 4.Assessment Adoption Process . (A)Pursuant to Section 170.03, F.S., the Commission shall adopt a resolution that, including but not limited to,declares the nature of the proposed improvement and identifies the costs to be paid by special assessment, the manner in which said assessments shall be made, when paid and designates the parcels on which the assessments shall be levied.Upon adoption by the Commission, this Resolution Declaring Special Assessments shall be published as required under Section 170.05, Florida Statutes. (B)At the tim e of adoption of the Resolution Declaring Special Assessments, copies of the plans and specifications, estimated cost, and an assessment plat showing the area to be assessed shall also be available in the office of the Town Clerk and open to public inspection.When completed, copies of the P reliminary Assessment Roll shall be on file in the office of the Town Clerk and open to public inspection.The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the total Assessment and annual installment for each Parcel can be determined or produced by use of a computer terminal. (C)After preparation of the Preliminary Assessment Roll and adoption of the Resolution Declaring Special Assessments, the Town Clerk shall publish notice stating that at a meeting of the Commission, the Commission will hear testimony from all interested persons as to the propriety and advisability of the Utility Undergrounding Project,the cost of such Project, the manner of paying for the Project, funding of such Project with special assessments on property,and the amount to be assessed against each benefited Parcel.Notice of this Equalization Hearing shall be published twice in a newspaper of general circulation within Palm Beach Count y. The second notice shall be published at least one week prior to the hearing date.This notice may be combined with publication of the Resolution Declaring Special Assessments as required under Section 170.05, Florida Statutes, so long as the requirements of Section 170.07, Florida Statutes, are also fulfilled. Publication of notice of the hearing on the proposed Assessments shall be verified by the affidavit of the publisher ,which affidavit shall be filed with the Town Clerk. (D )In addition to the published notice required by Section 170.05, F.S., the Town Clerk, or authorized agent of the Town,shall provide notice of the proposed Assessment and Equalization Hearing by first class mail to the owner of each Parcel subject to the Assessment. The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act and Florida Statutes Chapter 170.N otice shall be mailed at least 30 calendar days prior to the hearing to each Parcel owner at such address as is shown in the public records of the Property Appraiser on the forty- fifth calendar day prior to the date of mailing, or if such address is not publicly available,at the street address of the assessed Parcel.Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service.The Town Clerk, or authorized agent of the Town,may provide proof of such notice by affidavit. 3 (E)At the date and time for the Equalization Hearing named in such notice, or to which an adjournment or continuance may be taken, the Commission shall receive written objections and hear testimony of interested persons and may then, or at any subsequent meeting of the Commission, adopt a Final Assessment Resolution, pursuant to Section 170.08, F.S.,which shall approve the Final Assessment Roll, with such amendments as it deems just and right and determine the method of collection.The Final Assessment Roll, as approved by the Final Assessment Resolution, shall be delivered to the Palm Beach County Tax Collector, as appropriate under the collection method(s) determined by the Commission. Section 5. Ordinance as Alternative Method .This Ordinance 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. Section 6.Liberal Construction.The provisions of this article shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. Section 7.Severability Clause.If any provision of this article or the application thereof to any person or circumstance is finally held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or applications. To this end, the provisions of this artic le are declared severable. Section 8.Transmittal to the Secretary of State .The Town Clerk shall transmit this Ordinance to the Secretary of State. Section 9.Effective Date of Ordinance.This Ordinance shall become effective upon adoption and trans mittal to the Secretary of State of Florida. PASSED AND ADOPTED in a regular, adjourned session on first reading this day of April, 2011, and for a second and final reading on this day of ,2011. TOWN OF GULF STREAM, FLORIDA _____________________________________________________________________ MAYOR COMMISSIONER ____________________________________ COMMISSIONER ____________________________________ COMMIS SIONER (SEAL) ____________________________________ ATTEST:COMMISSIONER ___________________________________ TOWN CLERK