Hernando County, FL Banner Image
File #: 12620   
Type: Ordinance Status: Adopted
File created: 8/2/2023 In control: Board of County Commissioners
On agenda: 9/26/2023 Final action: 9/26/2023
Enactment date: 9/26/2023 Enactment #: ORD-2023-013
Title: Ordinance Creating Kensington Woods Street Lighting Municipal Service Benefit Unit
Attachments: 1. Ordinance - Kensington Woods Street Lighting MSBU, 2. Location Map of Kensington Woods, 3. First Public Hearing Letter to Property Owner, 4. Construction Plans - Kensington Woods, 5. WREC Lighting Plan - Kensington Woods, 6. Aerial Map of Kensington Woods, 7. First Public Hearing Advertisement, 8. Affidavit of Publication of Legal Ad CLK23-126, 9. Approved Ordinance No. 2023-13

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Ordinance Creating Kensington Woods Street Lighting Municipal Service Benefit Unit

 

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BRIEF OVERVIEW

In accordance with Board of County Commissioners Policy No. 16-01 relative to MSBUs, a request was received from the current property owner/developer, to create a new special assessment district providing street lighting services within Kensington Woods (aka Lucky Lane Subdivision), currently under construction.

 

The plat for the subdivision was approved on September 14, 2021, and consists of one hundred thirty-nine (139) residential single-family residential lots. The subdivision comprises 31.6 acres of land located south of SR 50/Cortez Boulevard and east of Barclay Avenue.  The roadways within the subdivision will be dedicated to the County upon completion, which is anticipated in March 2024.  Under contract with the developer, Withlacoochee River Electric Cooperative, Inc., (WREC) prepared a lighting design providing for the installation of twenty-eight (28) Type-210 LED Coach 100W streetlights and Type-960 12’ Aluminum Wadsworth poles.  Public Works Engineering, Zoning/Planning, and Hernando County Utilities Department (HCUD) have reviewed the WREC lighting plan and construction plans submitted by the developer and have determined there are no conflicts providing the developer adheres to the specific streetlight/utility placement details on page C-38 of the construction plans.

 

A proposed budget has been prepared based upon a monthly operational cost of $12.80 per fixture and $10.00 per pole for 28 streetlights. The total proposed FY 2024-25 budget is $11,600.00, distributed equally among the 139 lots, resulting in a proposed per unit assessment of $88.00 for the first year with a potential decrease to approximately $80.00 thereafter.

 

FINANCIAL IMPACT

All costs associated with the Municipal Services Benefit Unit (MSBU) will be paid by either the Developer or included in the FY 2024 MSBU budget when adopted and will be funded by a non-ad valorem assessment on the property owners’ tax bills starting 2024.

 

LEGAL NOTE

The Board has authority to establish MSBU's and set assessment rates pursuant to Sections 125.01 and 197.3632, Florida Statutes.

 

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RECOMMENDATION

Should the Board approve the above-outlined project scope, it is recommended the Board adopt the attached ordinance establishing the purpose and boundaries of the “Kensington Woods Street Lighting MSBU” with the following stipulations:

 

1)                     The developer shall absorb all costs associated with the installation and maintenance of the streetlights incurred prior to October 1, 2024; and

 

2)                     The developer shall be required to insert language within the sales contracts for affected lots to alert prospective buyers of the assessment against each lot.

 

If the ordinance is adopted, the Kensington Woods Street Lighting MSBU will not take effect until October 1, 2024. A second public hearing will be held in 2024 to adopt the resolution setting the final budget and non-ad valorem assessment rate to be levied against each lot, which would be reflected on the 2024 annual property tax bill.  The County would take over maintenance of the bills starting January 2025 after receiving revenue into the MSBU.