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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 W COMMISSIONER IONER (SEAL) ATTEST: COMMISSIONER TOWN CLERK FA