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File #: 13489   
Type: Ordinance Status: Adopted
File created: 1/11/2024 In control: Board of County Commissioners
On agenda: 2/27/2024 Final action: 2/27/2024
Enactment date: 2/27/2024 Enactment #:
Title: Ordinance Repealing Warbler Road Paving Municipal Service Benefit Unit
Attachments: 1. Sample Public Hearing Letter to Owners, 2. Public Hearing Newspaper Advertisement, 3. Ordinance Repealing 2022-08 Warbler Road, 4. Affidavit of Publication of Legal Ad CLK24-019, 5. Approved Ordinance No. 2024-05
TITLE
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Ordinance Repealing Warbler Road Paving Municipal Service Benefit Unit

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BRIEF OVERVIEW
The Board of County Commissioners approved the Warbler Road Paving Municipal Service Benefit Unit (MSBU) on March 8, 2022. Due to escalating construction costs, the County made efforts to obtain competitive proposals in October 2022 and July 2023, which were subsequently rejected as they were substantially higher than the amounts initially provided to property owners.

Per Board direction received at the October 10, 2023, meeting, an updated cost estimate was prepared based on current market rate and sent to the affected property owners to provide a revote either in favor or against proceeding with the paving project at the increased cost estimate and associated assessment rate.

The property owners' revote deadline was November 30, 2023, which resulted in the MSBU failing to receive the required 51% favorable votes to proceed with the paving improvements. The results of this revote are detailed below.

Project # Units Response In-Favor Against
Warbler - Initial 15.5 14.5 | 94% 9.0 | 62% 5.5 | 38%
Warbler - Revote 15.5 15.5 | 100% 7.0 | 45% 8.5 | 55%

The estimated impact to rescind the MSBU Ordinance is approximately $90.50, which includes notifying each property owner of the public hearing to repeal the above Ordinance by first-class mail, placing a notice in the local newspaper and recording the ordinance.

FINANCIAL IMPACT
Funding is available within the following Transportation Trust Fund accounts.

* 1011-01352-5304205 Engineering, Postage/Freight ($12.00)
* 1011-01352-5304901 Engineering, Advertising-Legal ($60.00)
* 1011-01352-5304923 Engineering, Fees/Costs-Filing Fees ($18.50)

LEGAL NOTE
The Board has legal authority to establish and subsequently repeal MSBU's pursuant to Sections 125.01 and 197.3632, Florida Statutes.

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RECOMMENDATION
It is recommended that the Board adopt the attached Ordinance repealing Ordinance No. 2022-08,...

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