§ 18-67. Municipal Service Benefit Unit (MSBU).

(a)

As provided for in Section 125.01(q), Florida Statutes, the board of county commissioners may establish, merge or abolish municipal service benefit units (MSBU) in accordance with the procedures set forth in this article and as provided in Florida law to include property within the unincorporated area of the county in order to fund an improvement project that benefits public health, safety or welfare. Property owners requesting road improvement by the establishment of a municipal service benefit unit must petition the County. Petitions in support of the municipal services benefit area must be received from at least fifty-five percent (55%) of the property owners within the proposed unit boundaries. Verification will be accomplished by comparing the petitions with the existing tax rolls. Only roads with at least fifty (50) feet of right-of-way and that directly connect with a paved County maintained Public Road shall be considered.

(b)

The County Manager or designee will estimate the overall cost to improve the road to current county paved road standards. Only roads that are constructed to current county paved road standards shall be considered for acceptance in the county maintenance system. The project cost shall include the construction of a driveway where one exists or existed between the road edge and the right-of-way line. Paved connections on vacant parcels of land shall not be considered.

(c)

After receipt and verifications of the results of the petition process, the County Manager or designee will present the project, estimated project cost, and estimated assessments to the board of county commissioners for the board's consideration. Assessments in the benefit area will be based on costs to provide the improvement, number of properties with the unit boundaries, and benefit unit allocated to each participating property. Assessments may be based on the number of lots, home sites, front footage, acreage, or other equitable measures within the benefit area. Funding participation by the board of county commissioners may be based on the following:

(1)

For paved Non-County Maintained Roads not meeting current County standards, the County will fund thirty-three percent (33%) of the total cost with the property owners within the benefit area paying the remaining sixty-seven percent (67%).

(2)

For unpaved neighborhood collector roads, the County will fund fifty [percent] (50%) of the total cost with the property owners within the benefit area paying the remaining fifty percent (50%).

(3)

For unpaved local roads, the County will fund thirty-three percent (33%) of the total cost with the property owners within the benefit area paying the remaining sixty-seven percent (67%).

(d)

The board of county commissioners shall be the governing body of the benefit area and upon adoption of an initial resolution, the assessments must be levied and collected pursuant to Chapter 197, Florida Statutes, including Section 197.3632, Florida Statutes. Any request for change in amount of assessment, boundary or purpose will be presented to the board at a public hearing for consideration. A municipal service benefit unit can only be dissolved (1) upon petition for dissolution signed by least fifty-five percent (55%) of the property owners within the proposed unit boundaries after the initial cost of the road improvements have been paid by the property owners or (2) the board determines dissolution benefits public health, safety or welfare.

(Ord. No. 2017-47, § 3, 10-10-17)

Editor's note

Ord. No. 2017-47, § 3, adopted October 10, 2017, enacted a new § 18-67, to read as set out herein; and renumbered existing § 18-67 as § 18-69.