HomeMy Public PortalAboutORD 11/02ORDINANCE 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 DEVELOPMENT AND CONSIDERATION
OF UTILTY UNDERGROUNDING PROJECT NON -AD
VALOREM ASSESSMENTS PURSUANT TO CHAPTER 170,
FLORIDA STATUTES AND MUNICIPAL HOME RULE
AUTHORITY; PROVIDING FOR ORDINANCE AS AN
ALTERNATIVE METHOD; PROVIDING FOR LIBERAL
CONSTRUCTION AND SEVERABILITY; 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 advertised 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, 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 special assessments to fund the Project, if constructed. Ballots properly submitted to the Town
were counted on February 7, 2011. A majority of those ballots voted in support of 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 hearing required by Section 170.08 F.S.
(D) The Commission has determined that the Project will be funded by a combination of non -ad
valorem special assessments imposed on the properties within the Town that are specially benefited by
the Project and other 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 pursuant to
Section 197.3632, Florida Statutes, as amended, 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. The levy of such assessments may commence as early as the ad
valorem tax bills mailed in November 2011. Section 197.3632, F.S, provides authority for such special
assessments to be collected annually 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 proposes that, to the extent reasonable, the procedures for adoption of special
assessments as provided in Chapter 170, Florida Statutes, be followed. Nothing in this Ordinance
limits the authority of the Town to utilize its home rule powers in the development, adoption, levy,
collection and expenditure of special assessments for the Project. 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. 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 5. 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 6. 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 article are declared severable.
Section 9. Effective Date of Ordinance. This Ordinance shall become effective after final reading
and adoption in accordance with applicable laws.
PASSED AND ADOPTED in a regular, adjourned session on first reading this 28th day
of April, 2011, and for a second and final reading on this 13th day of May _2011.
TO OF GULF REAM, FLORIDA
MAYOR (rAA4 4T4ZQrn Tyn
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COMMISSIONER
IONER
(SEAL)
ATTEST: COMMISSIONER
TOWN CLERK
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