Title 714 · Chapter 714 - NEIGHBORHOOD ASSESSMENT PROGRAMS

Chapter 714 - NEIGHBORHOOD ASSESSMENT PROGRAMS

Section: 714

Sec. 711.506. - Interlocal agreements. Chapter 715 - SERVICE ASSESSMENTS Chapter 714 - NEIGHBORHOOD ASSESSMENT PROGRAMS

PART 1. - GENERAL PROGRAM PROVISIONS

Sec. 714.101. - Authority.

This Chapter is adopted pursuant to the City's home rule authority provided by its Charter as authorized by the Florida Constitution, and pursuant to F.S. Ch. 170 and F.S. Ch. 197.

(Ord. 2005-157-E, § 3; Ord. 2019-321-E, § 1)

Sec. 714.102. - Definitions.

Where capitalized and used in this Chapter 714, the following terms shall have the following meanings:

(a)

Assessment means a non-ad valorem special assessment as defined by F.S. § 197.3632(1)(d), which may become a first lien against homestead property and co-equal in dignity to all other State, district, and local government taxes, and superior in dignity to all other liens, titles and claims.

(b)

Benefit means the special and peculiar benefit accruing to a particular property, over and above any general benefit accruing to the public, resulting as a logical consequence of the City's provision of Improvements to the particular property, including but not limited to increased market value, increased marketability, added use, enhanced enjoyment and decreased costs of use or maintenance, including decreased casualty, liability and/or occupant health insurance premiums, the amount of which Benefit is capable of computation at some future time after levy and imposition of Assessments and which is distinguishable from the amount of the Cost and amount of the Assessment.

(c)

Cost means the dollar amount necessary in any fiscal year to fund the provision of Improvements or partial Improvements which results in but is distinguishable from the Benefit, and shall include but not be limited to the costs of: physical construction, reconstruction, repair or completion of improvements; acquisition and purchase; labor, materials, machinery, and equipment; fuel, parts, supplies, maintenance, repairs, and utilities; computer services, data processing, and communications; lands and interest therein, leases, property rights, easements, and franchises of any nature whatsoever; indemnity or surety bonds and premiums for insurance; salaries, volunteer expenses, workers' compensation insurance, or other employment benefits; uniforms, training, travel, and per diem; preliminary studies, studies, construction plans and specifications, surveys and estimates whether performed by the City or others; engineering, financial, legal, and other professional services; structure, implementation, collection, and enforcement of the Assessments, including any service charge of the Clerk of Court, or any reimbursement of necessary administrative costs of the Tax Collector, or Property Appraiser and any compensation for actual costs of the Tax Collector or of amounts necessary to off-set discounts received for early payment of Assessments; a reasonable amount for contingency and anticipated delinquencies and uncollectible Assessments; reimbursement to the City or any person for any monies advanced for any Costs incurred; annual costs of debt incurred to fund any of the Improvements of whatever form or kind (e.g. bonds, revenue certificates, notes, loans, etc.) and including but not limited to debt service on principal, accrued interest, fees, charges, costs of issuance including advertising, initial reserve and debt service reserve funds and discounts related to refinance of debt; any delinquency, delinquency fee or unpaid prior Assessments; and, all other reasonable, necessary and incidental expenses and costs related to any of the foregoing expressed Costs capable of calculation and allocation.

(d)

Improvement or Improvements means a certain system, facility or service provided to a property within a Neighborhood as more particularly defined and limited within each Program Area, which costs are funded and financed in whole or large part by Assessments.

(e)

Methodology means the fair, reasonable, non-arbitrary and informed method or means of determining the Benefit received by a Property as a logical consequence of the provision of a particular Improvement and of calculating and allocating Costs and apportioning the Assessments among all properties in a Neighborhood that receive a Benefit in fair and reasonable manner.

(f)

Neighborhood means a discrete group of properties bound together by a common interest in having certain Improvements provided to the Neighborhood as evidenced by and in accordance with the petition processes and related procedures set forth herein.

(g)

Neighborhood Assessment Program and its abbreviations N.A.P. or NAP, mean a method by which citizens within a Neighborhood may petition the Council to levy Assessments to fund the Costs of providing Improvements authorized by a Program Area to properties in the Neighborhood.

(h)

Program Area means a particular authorization for certain types of Improvements to be provided pursuant to a N.A.P., e.g. Road Program Area, according to the general guidelines provided in Part 1 of this Chapter as may be expanded, contracted or otherwise modified by the provisions of the specific Program Area.

(Ord. 2005-157-E, § 3; Ord. 2019-321-E, § 1)

Sec. 714.103. - Findings.

The City finds, ascertains and determines that:

(a)

The provision of certain Improvements to properties within and without the urban services boundary of the City is - notwithstanding any private or special benefit accruing to properties by such provision - in the public interest, of public benefit and serves a valid public purpose including but not limited to being necessary for, or to the betterment of, the public health and general welfare including protection of potable water supplies and proper management of surface waters and the decreased risk of illness and disease; public safety including the City's provision of fire, rescue, law enforcement and other emergency services; public transportation systems including potential for water-based modes of travel for governmental, commercial, recreational and other purposes; perception of or actual magnitude of blighted areas and the overall desirability and marketability of properties within the City especially in light of the City's downtown redevelopment, vision and plans; and, ad valorem tax base which funds the City's administration of the law, provision of governmental support and services and execution of the functions of the City for the benefit of all of its citizens.

(b)

There is a need and desire of the City's citizens for the City to provide procedures by which the City may levy Assessments upon certain property, to fund and finance all or the greater portion of the Costs to provide certain Improvements found to be in the public interest upon request, and with the consent of a group of citizens within a Neighborhood.

(c)

It is fair, equitable and in the public interest to allocate all or the greater portion of the Costs of providing certain Improvements to, and to levy Assessments upon, the properties having a logical connection to and receiving a Benefit from such provision, so long as the Assessments are apportioned fairly and equitably among the benefited properties, and in no case exceeding the amount of the Benefits received.

(d)

Given the public purposes served by the provision of certain Improvements, it is fair, lawful and proper for the City to fund the portion of the Costs of provision not allocated to and Assessed against the properties Benefited through sources of funds derived from other than Assessments including ad valorem taxes.

(Ord. 2005-157-E, § 3)

Sec. 714.104. - Purpose, construction and intent.

The purpose of this Chapter is to provide general guidelines and procedures in Part 1 hereof for the levy and collection of Assessments imposed against properties located within Neighborhoods, used to fund and finance all or the greater part of the Costs of providing certain Improvements to properties in a Neighborhood that derive a Benefit, and which general guidelines and procedures may be modified as found necessary or expedient to address the specifics of a particular Program Area.

This Chapter being adopted pursuant to the City's home rule authority is to be construed liberally to provide the City with maximum flexibility as to: the type or kinds of Improvements authorized; the Methodology utilized; the finance of the Cost of the Improvements; and, collection and enforcement of the Assessments.

Notwithstanding anything express or implied to the contrary, this Chapter is intended to provide for Assessment notice, hearing, levy, imposition and reassessment procedures consistent with relevant provisions of F.S. Ch. 170 and F.S. Ch. 197, which provisions shall apply to all Assessments and related items undertaken pursuant to this Chapter, as applicable, and no Program Area shall modify the guidelines and procedures set forth in Part 1 hereof inconsistent with such relevant statutory provisions.

(Ord. 2005-157-E, § 3; Ord. 2019-321-E, § 1)

Sec. 714.105. - Program areas.

Where found necessary, desirable or expedient to fulfill the purposes of this Chapter, the Council may provide for a certain Program Area, associated with a particular type or types of logically related Improvements and in doing so may provide additional or different criteria, procedures or processes felt appropriate in relation to the particular Improvement, associated Costs or Assessment so long as not in conflict with Section 714.104 hereof. No petition shall propose and no legislation adopted pursuant to this Chapter shall adopt a N.A.P., except as an Improvement as authorized by a Program Area.

(Ord. 2005-157-E, § 3)

Sec. 714.106. - Initiation of neighborhood assessment program.

Citizens of the City may petition the Council, a committee thereof or any Council member to initiate and introduce legislation to adopt a N.A.P. within a particular Neighborhood where authorized by a specific Program Area in the following manner:

(a)

Petition. The preliminary Petition must follow the form on file with the Legislative Services Division corresponding to the particular Program Area ( as may be updated administratively by the Office of General Counsel) and must contain a fact-based, rough estimate of the Cost of providing Improvements and of the Assessment to be levied against each property within the Neighborhood as set forth in the Petition. The Petition shall be filed with the Chief of Legislative Services along with a filing fee calculated per lot as found in www.coj.net/fees, parcel or other unit of property contained within the Neighborhood as petitioned not to exceed as found in www.coj.net/fees.

The Chief of Legislative Services shall provide a copy of the Petition to the Office of General Counsel for a determination of whether the Petition is substantially complete and sufficient, and upon such determination shall inform the Petitioners' spokesperson or agent and the Neighborhood's Council Member(s) of such fact; but, if incomplete or insufficient shall otherwise take no further action until the Petition is amended and thereafter determined to be substantially complete and sufficient.

(b)

Determination of Assent. The Council may find, at its next regularly scheduled public meeting following the determination of sufficiency and completeness, that a preliminary petition proposing a N.A.P. represents the will and assent of the owners of properties within a Neighborhood if the petition demonstrates:

(1)

The petitioners comprise at least two-thirds (66.67 percent) of the owners of properties located within a Neighborhood presumed by the petition to be Benefited by the provision of the Improvements, where each parcel, lot or other unit of real property having a separate real estate folio number or tax identification number shall be considered to be owned by only one person for purposes of this subsection; or,

(2)

The assessed value of the properties owned by the petitioners comprise at least two-thirds (66.67 percent) of the total assessed value of all properties located within a Neighborhood presumed by the petition to be Benefited by the provision of the Improvements, with reference to the Property Appraiser's assessment roll for the current tax year; or,

(3)

The attainment of some other percentage, assent criteria or assent formula as may be set forth for a particular Program Area.

If the next regularly scheduled Council meeting is ten days or less from the date petition sufficiency and completeness is determined, the Council shall consider the item at the second regularly scheduled Council meeting following such determination.

(c)

Preliminary Study. Upon determining a preliminary petition represents the will and assent of a Neighborhood, in addition to any preliminary study requirements specified in a particular Program Area, the Council may by written resolution call for the City's Public Works Department (or other appropriate City department, agency or agent of the City) to make a study of the accuracy of the petition and of the feasibility of the proposed N.A.P. If the study finds a proposed N.A.P. is not feasible or that either the Costs or the Assessments are at least 25 percent greater than the petition's estimate of same, then the Council need not proceed further. If the study finds a N.A.P. is feasible but the likely Costs or Assessments are at least 25 percent greater than the petition's estimate, the citizens may petition the Council again as set forth hereinabove but using the study's Cost and/or Assessment estimates and without paying a second filing fee. The Public Works Department shall make and keep accurate records of its direct and incidental costs related to the conduct of the study as these will be added to the Costs associated with the N.A.P. in the event it is adopted by the Council. In the event that the N.A.P. is determined to not be feasible, or the Neighborhood withdraws its assent to do the project, the costs generated by the preliminary study shall be assessed against those petitioners on a pro rata basis.

(d)

Legislation. Assuming the preliminary study finds a petition is feasible and estimates of Cost and Assessment are accurate, the Council may adopt legislation and take further action to set up a N.A.P. as provided hereafter. In the event, for good cause shown, the Council does not adopt legislation to set up a N.A.P., or delays adoption for a period of more than one year, or declines to make a contribution to a N.A.P. which is authorized for a Program Area, the entire petition filing fee shall be returned. Notwithstanding, the unavailability of a City contribution shall not prohibit a Neighborhood from requesting or re-petitioning for adoption of a N.A.P. to provide Improvements without City contribution.

(e)

N.A.P. Performance. Once a N.A.P. has been established, the City shall undertake to complete the authorized work. However, in the event that, during the course of the N.A.P. work, the City discovers unforeseen and unexpected conditions, which interferes with the planned N.A.P. work to the extent that estimated costs for completing the Improvements increase by 25 percent or greater over the initial estimated cost, the City shall inform the Neighborhood, which shall either assent to paying the additional costs or withdraw its support, by the same percentage as is used in determining assent for the particular Program Area. If the Neighborhood withdraws its support, those property owners receiving a Benefit from the partial Improvements shall be assessed the Improvement costs expended.

(Ord. 2005-157-E, § 3; Ord. 2017-665-E, § 34; Ord. 2019-321-E, § 1)

Sec. 714.107. - Levy of assessments.

The Council shall follow the procedures and meet the requirements of F.S. Ch. 170 and F.S. Ch. 197, as applicable, in adopting legislation to levy and impose Assessments for a N.A.P. The reassessment or collection of an Assessment for a period of greater than 30 years in order to collect the entire intended amount of an Assessment shall not be construed to violate any statutory limitations, so long as the initial intended duration of the levy was less than 30 years.

(Ord. 2005-157-E, § 3; Ord. 2019-321-E, § 1)

Sec. 714.108. - Methodology.

The Methodology shall demonstrate that, subject to fair debate, each property assessed receives a Benefit special and peculiar to the property as a logical consequence of the provision of the Improvements and such Benefit received exceeds the amount of Assessment and that the Assessments are fairly and reasonably apportioned among all properties that receive the Benefit. Subject to the foregoing, the Methodology may determine Benefit, allocate Costs and apportion the Assessments by any reasonable means and may consider such factors as deemed proper and for such purposes may distinguish or exempt property by type, use, occupancy, owner identity, tax status or other reasonable classifications, and may be based upon any measure including the number of parcels, lots or units, amount of acreage, road frontage, front footage, current or increased market value, waterfront footage, square footage, linear footage, equivalent residential unit or any other reasonable basis or combination thereof so long as not arbitrary or capricious. Moreover, the total Benefit to be received is not required to be immediate nor calculated with certainty at the time of Assessment so long as the estimate of total Benefit is reasonable and the Benefit will be received at some point in the future and is capable of being calculated at such time. Notwithstanding anything to the contrary, no Methodology shall be based solely upon the property's value for ad valorem purposes, "Condominium" property shall be assessed in accordance with F.S. § 718.120(1) and in every case the Assessment on a property shall not exceed the Benefit received. Otherwise, the Methodology is not required to be determined upon any certain basis except as the Methodology may be limited by requirements particular to a Program Area. Further, the Assessment Methodology may be derived or supported in part by lawful presumption, past experience, factual testimony, expert testimony, engineering or other scientific calculations, accounting or economic principles, or as otherwise may be reasonably determined so long as in all cases competent, non-arbitrary and informed. Finally, the Methodology may provide for a range of assessment rates applicable to properties taking into account the likelihood of increased Costs in the future, inflation and the like, and may provide for annual or regular increases in the Assessment to keep pace with such factors.

(Ord. 2005-157-E, § 3)

Sec. 714.109. - Priority of lien.

The lien status of Assessments levied pursuant hereto shall be as provided in F.S. Ch. 170 and F.S. Ch. 197, as applicable.

(Ord. 2005-157-E, § 3; Ord. 2019-321-E, § 1)

Sec. 714.110. - Collection of assessments.

The Assessments shall be collected by the Tax Collector as provided by the City Charter, F.S. Ch. 170 and F.S. Ch. 197, as applicable. The City may provide for the Assessments levied in the first year to be collected by separate bill of the Tax Collector and further assessments to be collected on the annual tax roll but in all cases shall set forth the chosen collection method(s) in the legislation by which the Assessment was imposed or other legislation adopted and noticed concurrently therewith. Finally, no error or omission on the part of the Clerk of Court, Property Appraiser or Tax Collector shall operate to release or discharge any obligation to pay an Assessment except as an annual Assessment may be clearly required to be deferred or reassessed in the future by due process of law.

(Ord. 2005-157-E, § 3; Ord. 2019-321-E, § 1)

Sec. 714.111. - Enforcement of assessments.

An obligation to pay an Assessment that is delinquent shall bear interest at the maximum rate provided by law so long as the accrual of interest is not inconsistent with laws pertaining to the chosen collection method and finance of Improvements and may be enforced by any lawful and applicable method including but not limited to lien foreclosure, sale of tax certificates or auction of tax deed. Should the City determine to foreclose upon a delinquent Assessment installment after such time as the Improvements have been completed or rendered, the entire amount of the Assessment over the estimated remaining duration shall be accelerated and due and payable together with all lawful interest, penalties and costs of collection and enforcement thereon as may be allowed by law.

(Ord. 2005-157-E, § 3)

Sec. 714.112. - Administration, assessment use, accounting and credit.

The Director of the Public Works Department (or other appropriate City department, agency or agent of the City) shall be responsible for administration of all N.A.P.s adopted by the Council. All Assessments levied and collected pursuant to a N.A.P. shall be used solely to fund and finance the provision of Improvements to the particular Neighborhood and for no other purpose and the City shall make and keep such accurate records and accountings as may be necessary for this purpose and may set up trust funds for this purpose if desired. Moreover, the City shall make and keep accurate records of the Costs associated with the provision of the Improvements to a Neighborhood and, in the event the Costs estimated by the Methodology exceed the actual Costs, the City shall credit the difference to an annual Assessment not less than two tax years following the determination of actual Costs.

(Ord. 2005-157-E, § 3; Ord. 2019-321-E, § 1)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 714.113. - Assistance programs.

Having determined it is in the public interest to assist low-income property owners with any financial burden created by an Assessment levied against their property, there is hereby created an economic hardship program and grant program as follows:

(a)

Hardship Assistance Program. All owners within a N.A.P. who qualify for Florida's Homestead Tax Deferral program as defined and set forth in F.S. Ch. 197, are eligible to participate upon request to the City. Economic hardship program participants are entitled to have an Assessment paid by the City from funds other than those derived from a N.A.P. Assessment, subject to the following conditions:

(1)

A lien for the maximum Assessment per annum amount will be recorded against the property; and,

(2)

Payments on the Assessment amount will be suspended until there is a change of ownership of the property or until the owner no longer has a financial hardship as evidenced by a change in circumstances including a failure to qualify in a given year for Florida's Homestead Tax Deferral program; and,

(3)

The hardship postponement must be annually renewed; and,

(4)

Interest on the Assessment will continue to accrue throughout the postponement as it would otherwise.

(b)

Grant Program. There is established a N.A.P. grant program to be funded by discretionary appropriations made by the City Council and/or private donations, which shall continue each fiscal year as long as funds remain available, and which program shall entitle qualified property to receive a grant for up to 100 percent of the annual Assessment if the annual Assessment exceeds ten percent of the "adjusted gross income" (as defined by I.R.C. § 62 calculated in relation to the previous tax year as evidenced by a copy of the return(s) filed) of the property owner's "household" which term does not include the income of persons boarding or renting a portion of the dwelling.

(c)

Hardship/Grant Eligibility Determination. The Directors of the Public Works Department, Neighborhoods Department, and Finance and Administration Department, or their designees (the Hardship Review Committee), shall evaluate hardship and grant applications to determine eligibility based on an evaluation of the foregoing criteria and provide for hardship assistance and award Neighborhood Assessment Program grants as found eligible and as funds are available.

(Ord. 2005-157-E, § 3; Ord. 2016-140-E, § 16; Ord. 2019-321-E, § 1)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 714.114. - No foreclosure policy.

It shall be the policy of the City not to foreclose on any homestead property to collect a lien imposed as a consequence of a N.A.P. Assessment until there is a sale, transfer of ownership or change in use of the subject property. Notwithstanding, in the event Assessments are collected on the tax roll this provision shall not prevent the City from acting to protect and defend its interests in any insolvency proceedings nor pursuant to the tax certificate or tax deed processes.

(Ord. 2005-157-E, § 3)

Sec. 714.115. - Reassessment.

If any Assessment levied pursuant to this Chapter is in whole or part annulled, vacated or set aside by the judgment of any court of competent jurisdiction, or if the City Council determines an Assessment is so irregular or defective as to be incapable of collection or enforcement, or if the City Council omits to levy an Assessment when it might have done so, the City shall take all necessary steps to cause a new Assessment to be made for the whole or part of any Improvement or against any property receiving a Benefit from the provision of the Improvement, following substantially the provisions of this Chapter and if such second Assessment shall be annulled by the judgment of any court of competent jurisdiction, the City Council may levy other Assessments until a valid Assessment be made.

(Ord. 2005-157-E, § 3)

Sec. 714.116. - Use of other funds permitted.

Notwithstanding the fact that Improvements are funded and financed in whole or part through the levy of Assessments pursuant to a N.A.P., the City may pay out of its general funds or out of any special fund that may be provided for that purpose, whether such funds be derived from ad valorem taxation, service charges, user fees or other revenue sources, such portion or contribution as it may deem proper, all as according or as subject to the provisions of a particular Program Area.

(Ord. 2005-157-E, § 3)

Sec. 714.117. - Limitations on City contribution.

Notwithstanding anything to the contrary, the City shall not be obligated to contribute any portion of its funds to offset Costs of Improvements where such funds are derived from ad valorem tax revenues and accordingly any pledge or promise of contribution by the City shall be contingent on the City's ability to derive such funds from other than ad valorem tax revenue and therefore no contribution shall be construed as a pledge of the full faith and credit of the City. Further, the City shall not be obligated to make a contribution where adequate revenues for such purposes are not budgeted or appropriated for such purposes.

(Ord. 2005-157-E, § 3)

Sec. 714.118. - No limitation on authority.

In general, this Chapter shall not be a limitation on the Council's power and authority to levy non-ad valorem special assessments by other methods pursuant to other State or local law and the fact that an Assessment is levied on a property to fund a particular Improvement pursuant to a N.A.P. shall not prevent the Council from levying a non-ad valorem assessment for a similar but distinguishable and independent improvement on the same property.

(Ord. 2005-157-E, § 3)

Sec. 714.119. - Prior assessments valid.

Notwithstanding the repeal of City ordinances as provided in Section 1 of Ord. 2005-157-E, any and all non-ad valorem special assessments previously levied pursuant to such ordinances shall remain valid and shall continue to be collected and enforced as according to the repealed provisions thereof pursuant to this subsection unless and until such levy is expressly nullified and voided by the adoption of a N.A.P. intended to fund the remaining costs of providing an Improvement pursuant to this Chapter.

(Ord. 2005-157-E, § 3)

Sec. 714.120. - Use of filing fees and notice fees.

Filing fees and notice fees collected pursuant to this Chapter shall be deposited into the Neighborhood Assessment Program Fee Trust Fund, as provided in Chapter 111, Special Revenue and Trust Accounts, Ordinance Code. The Neighborhood Assessment Program Fee Trust Fund shall be used for administrative costs for implementing this Chapter, including, but not limited to, costs for advertising and mailing notices.

(Ord. 2019-321-E, § 1)

PART 2. - WATERWAY DREDGING PROGRAM AREA

Sec. 714.201. - Generally.

A Program Area is hereby created that is intended to authorize Neighborhood Assessment Programs, as set forth in and pursuant generally to the procedures set forth in Part 1 hereof as supplemented or modified hereby this Part 2, for the provision of Waterway Dredging and Related Improvements within an Eligible Neighborhood, and allowing for City contribution. A copy of a petition form acceptable for the Waterway Dredging Program Area is on file with the Division of Legislative Services.

(Ord. 2005-157-E, § 3)

Sec. 714.202. - Definitions.

Where capitalized and used herein this Part 2, unless otherwise defined in Part 1, above, the following terms shall have the following meanings:

(a)

Eligible Neighborhood means a Neighborhood where the body of water to be dredged is navigable in fact and where the bottom lands under such body of water are sovereign submerged lands owned by the State, are owned by the City, or where the City has permission to dredge such lands from, as applicable, the title-holding associative entity or a sufficient percentage of the relevant landowners with permission determined by the same methodology as the Preliminary Petition was based upon.

(b)

Waterway Dredging and Related Improvements means the service of dredging the waterway and also necessary systems and facilities related thereto including necessary riprap or bulkhead improvements installed along public (but not private) riparian or littoral shoreline, such channel markers and navigational buoys as may be required by law, ecosystem restoration components, and systems placed within the boundaries of the Neighborhood designed to prevent or reduce the rate of siltation including traps, swales, ponds and vegetative barriers.

(Ord. 2005-157-E, § 3)

Sec. 714.203. - Eligibility.

Only Neighborhoods defined as Eligible Neighborhoods may be improved pursuant to this particular Program Area.

(Ord. 2005-157-E, § 3)

Sec. 714.204. - Determination of assent.

In addition to the criteria provided at Section 714.106(b) hereof, the Council may find that a preliminary petition proposing a Waterways Dredging Program Area N.A.P. represents the will and assent of the owners of properties within a Neighborhood if the petition demonstrates the petitioners' properties contain two-thirds (66.67 percent) of the total number of existing (including those presently permitted to be built within the next six-month period) docks, ramps, and/or boat slips affixed to the benefited properties. For calculating determination of assent, in the event that one parcel contains numerous docks, ramps or boat slips, the signature of the owner of that parcel shall be afforded equal weight as a parcel containing a single dock, ramp or boat slip.

(Ord. 2005-157-E, § 3)

Sec. 714.205. - Preliminary study and correction of upland impacts.

For this Program Area, if the City wishes to proceed further after receiving a preliminary petition, the City shall appropriate sufficient funds for the Public Works Department (or its outside agent) to conduct a pre-dredge survey and study in order to most accurately determine the estimated Costs of the Waterway Dredging and Related Improvements. If, as a result of the study, the City determines the waterway impacts requiring the dredging activities were caused by ongoing conditions existing on upland City owned or controlled properties, those conditions must be corrected independent of the City's contribution, as outlined in this Part. If, as a result of the study, the City determines the waterway impacts requiring the dredging activities were caused by ongoing conditions existing on upland privately owned or controlled properties, those conditions must be corrected prior to initiation of any dredging work and independent of this special assessment process.

(Ord. 2005-157-E, § 3)

Sec. 714.206. - Methodology.

A Waterway Dredging and Related Improvement Assessment based upon a methodology related to "access" shall consider both the quality and quantity of access to each property, and shall consider potential future access.

(Ord. 2005-157-E, § 3)

Sec. 714.207. - City contribution.

The City's Contribution shall be in accordance with the following.

(a)

General Contribution for Public Waterways. In general and subject to exception as set forth hereafter, the City's Contribution for any public dredging project provided in this Part shall be 12 percent, expressed as a percentage of the total N.A.P. Costs. The foregoing maximum Contribution limits may only be increased where a Neighborhood can demonstrate by "clear and convincing" evidence that the City should bear additional responsibility. A Neighborhood desiring to present evidence suggesting additional City contribution shall make such request in writing to the Chair of the City's Waterways Commission. The Chair shall set such matter for a hearing to be held as soon as is convenient for all parties involved. After hearing all evidence presented at the hearing, the Waterways Commission shall make a recommendation approving or denying the request. The Waterways Commission's recommendation shall be submitted to the City Council, who shall review the recommendation and record created at the Waterways Commission hearing and shall pass an Ordinance approving, approving in part or denying the request. In addition, the Council may remand the request back to the Waterways Commission with directions for additional findings. In such an event, the Waterways Commission shall conduct an additional hearing, resulting in a repeat of the process described above.

(b)

Special Assessment for Private Waterways. There shall be no general contribution by the City for those waterways that are privately owned. However, the provisions in paragraph (a), above, regarding the process for a Neighborhood to demonstrate special circumstances requiring City contributions shall apply.

(c)

Federal and State Contribution Variation. The City may deviate from the foregoing guidelines in the event that the federal or State government is providing funding or reimbursement limited to the particular N.A.P. (i.e. not a block appropriation or general grant) in an amount not less than 25% of the total Costs.

(Ord. 2005-157-E, § 3)

Sec. 714.208. - Miscellaneous.

The City may require that its facilitation of a N.A.P. be contingent upon:

(1)

A certain number of Neighborhood property owners execute a waiver and release related to the design slope of influence upon bulkheads, structures and uplands; and/or,

(2)

The availability of a spoil disposal site at a certain unit price.

The assessment generated by a N.A.P. project shall be fully satisfied and paid prior to approval of the same or a substantially similar subsequent N.A.P. project.

(Ord. 2005-157-E, § 3)

Sec. 714.209. - Existing Neighborhood Assessment Programs.

The following Neighborhood Assessment Programs have been established in the City:

(1)

Isle of Palms. 396 property owners in District 3 petitioned the City to dredge canals within the Isle of Palms community. Ordinances 1998-970-E and 2002-912-E authorized the dredging of canals within the Isle of Palms community with assessments for the dredging to be levied over a ten-year period. Ordinance 2003-311-E appropriated funds for the engineering plans associated with the dredging. Ordinance 2004-408-E appropriated funds to provide for the up-front costs of the dredging, with the City to be reimbursed through the assessments. Resolution 2004-1265-A authorized the City to collect the assessments associated with the dredging using the Uniform Method by the Tax Collector.

(2)

Fishing Creek. 68 property owners along Fishing Creek in Council Districts 12 and 14 petitioned the City to dredge a portion of Fishing Creek. Ordinance 2002-1303-E authorized the development of a preliminary assessment roll for the dredging of Fishing Creek. Ordinance 2003-183-E authorized the dredging of Fishing Creek with assessments for the dredging to be levied over a ten-year period. Ordinance 2005-1378-E authorized the City to collect the assessments associated with the dredging using the Uniform Method by the Tax Collector beginning with the November 2006 Tax Notice.

(3)

Hogpen Creek/Seven Pine Island. 81 property owners along Hogpen Creek in Council District 3 petitioned the City to dredge a portion of Hogpen Creek. Ordinance 2003-748-E authorized the development of a preliminary assessment roll for the dredging of Hogpen Creek. Ordinance 2003-873-E authorized the dredging of Hogpen Creek with assessments for the dredging to be levied over a ten-year period. Ordinance 2004-68-E appropriated the funds for the dredging of Hogpen Creek. Resolution 2004-1264-A authorized the City to collect the assessments associated with the dredging using the Uniform Method by the Tax Collector.

(4)

Tarpon Cove. 40 property owners along Tarpon Cove in Council District 3 petitioned the City to dredge portions of Tarpon Cove. Ordinance 2000-1031-E authorized the dredging of Tarpon Cove with assessments for the dredging to be levied over a ten-year period. Ordinance 2002-651-E appropriated the funds for the dredging of Tarpon Cove. Resolution 2004-1266-A authorized the City to collect the assessments associated with the dredging using the Uniform Method by the Tax Collector beginning on the November 2005 Tax Notice. Ordinance 2005-1387-E confirmed the assessments, directed the Tax Collector to record the assessments in the improvement lien book and allowed property owners to pay the entire assessment without interest by January 31, 2006.

(5)

Morven Lake. The City adopted Ordinance 2006-226-E which acknowledged the assent to the establishment of the Morven Lake Neighborhood Assessment Program. Pursuant to Ordinance 2006-289-E, the City performed a pre-dredge survey and study to determine whether the cost estimate submitted as part of the initial petition was accurate. The City expressed its intent to use the uniform method of the levy, collection and enforcement of the assessments for the Morven Lake dredging project in Ordinance 2007-111-E. The City established the Morven Lake Neighborhood Assessment Program in Ordinance 2007-294-E.

(Ord. 2006-919-E, § 5; Ord. 2007-294-E, § 10)

PART 3. - UNDERGROUND POWER AND COMMUNICATIONS PROGRAM AREA

Sec. 714.301. - Generally.

A Program Area is hereby created that authorizes Neighborhood Assessment Programs (NAP), pursuant to and as set forth in the procedures found in Part 1 hereof as supplemented or modified by this Part 3, for the provision of Underground Power and Communication Improvements within an Eligible Neighborhood. In the event of an irreconcilable conflict between the provisions of this Part 3 and the general provisions provided in Part 1, of Chapter 714, the provisions of this Part 3 shall govern to the extent of the conflict.

(Ord. 2007-558-E, § 1)

Sec. 714.302. - Definitions.

Where capitalized and used in this Part 3, unless otherwise defined in Part 1, above, the following terms shall have the following meanings:

(a)

Eligible Neighborhood means a neighborhood, as defined in Part 1, with overhead power and communication systems in place, that has qualified for the underground power and communication improvements through the procedures set forth in this Chapter.

(b)

Underground Power and Communication Improvements means the conversion to safe and sustainable underground facilities sufficient to carry power, phone, cable and other like communication systems, as well as equipment and infrastructure including but not limited to streetlights, easements, secondary electric lines in the public right-of-way, service riser poles, padmounted transformers, switch cabinets, electric and communications conduit, manhole/handholds, and other appurtenances as specified by the power, cable and telephone companies related thereto.

(c)

NAP Estimate means the final estimate including all anticipated costs to plan, design and construct, and finance Improvements to convert overhead utility neighborhood distribution lines to underground within a Neighborhood. The NAP Estimate shall be based on actual conditions within the specified NAP area and based on actual JEA contract unit pricing or recent costs for similar work. The NAP Estimate shall include separate estimates from other utilities such as cable television or telephone service, where applicable. Other utilities in the City right-of-way attached to overhead poles, whether such poles are owned by JEA or another utility, are required to provide estimates for a possible conversion Improvement as requested in writing by JEA on behalf of an Eligible Neighborhood within 60 days of such request.

As described above, the NAP Estimate shall include the overall costs to convert the overhead lines within the public right-of-way, and may also include the conversion of any 3 phase customer owned equipment to single phase equipment based on cost analyses.

The NAP Estimate shall assume that all necessary easements, or other real property interests, required for placement of equipment will be granted by the participants in the NAP, or other applicable property owners, to JEA or the other utilities at no cost. In the event equipment easements, or other real property interests, are required to be purchased, the Eligible Neighborhood must elect to either approve the costs or to abandon the Improvements by the same percentage as used in determining assent for this Program Area.

The JEA's NAP Estimate shall be reviewed by the City's Department of Public Works for evaluation of impacts to the City's rights-of-way, and shall be reviewed by the Council Auditor for comment on completeness.

(d)

Street Lighting means street lighting approved by the City of Jacksonville's Traffic Engineering Division within the existing approved street light standard selection for the City of Jacksonville for residential areas. No street lighting will be allowed that is not approved by City Traffic Engineering, or is non-standard to JEA's approved standards. The project cost estimate will reflect the street lighting standard choices of the neighborhood with required approval of City Traffic Engineering. Enhanced street lighting adds costs to the conversion project that will be included in the overall project cost.

(Ord. 2007-558-E, § 1; Ord. 2019-321-E, § 2)

Sec. 714.303. - Eligibility.

Only Neighborhoods defined as Eligible Neighborhoods may be improved pursuant to this particular Program Area.

(Ord. 2007-558-E, § 1)

Sec. 714.304. - Initiation of Neighborhood Assessment Program for Underground Power and Communication Improvements.

Citizens of the City may petition the City Council to initiate and introduce legislation to adopt a NAP for Underground Power and Communication Improvements within a particular Neighborhood. "Frequently Asked Questions" (FAQs) shall be developed by JEA, and modified from time to time as necessary, to provide general information to interested Neighborhoods on how the program will operate. The FAQs will be informational but may not be inclusive of all considerations. The petitioning process shall be conducted in the following manner:

(a)

Preliminary Study. When requested in writing by a Neighborhood, JEA shall work with a Neighborhood to prepare a rough preliminary cost estimate and to define an area for conversion based on property owner interest and system operational requirements. The Neighborhood request must identify a representative as the primary point of contact and provide a map outlining the general area of interest. The Neighborhood is required to determine where the interest in an Improvement is, and to organize and solidify the sufficiently interested participants. There will likely be modifications during the preliminary study to define an area that will work for utility system operations and to meet the level of interest for a group of property owners. The system operational requirements may involve system review for other utilities aside from the electric system considerations. Once the preliminary study is complete and the system operational requirements and Neighborhood interest indicate a viable conversion Improvement, JEA shall complete the NAP Estimate. JEA shall define the Improvement limits during the preliminary study in coordination with other utilities and the Neighborhood.

(b)

Petition. The Petition filed by an Eligible Neighborhood shall be in the form as described in Part 1. The Petition shall contain the NAP Estimate of the cost of providing Improvements and of the Assessment to be levied against each property within the Neighborhood as set forth in the Petition. JEA shall complete the NAP Estimate at its expense. If JEA incurs costs to procure estimates from other utilities, such costs shall be paid directly to JEA by the Neighborhood for reimbursement prior to filing the Petition. The Petition shall be filed with the Chief of Legislative Services with a filing fee calculated pursuant to Section 714.106(a), paid at the time of filing, and with the actual notice fees, as calculated by the City, paid prior to final adoption of legislation approving a NAP. The filing fee and notice fees shall be deposited in the Neighborhood Assessment Program Fee Trust Fund.

(c)

Office of General Counsel Review. Upon filing of the Petition, the Chief of Legislative Services shall provide a copy of the Petition to the Office of General Counsel for a determination of whether the Petition is substantially complete and sufficient. If not substantially complete and sufficient, the Office of General Counsel shall notify JEA, and JEA shall work with the Neighborhood to remedy any deficiencies.

(d)

Determination of Assent. The Petitioners shall comprise at least two-thirds (66.67 percent) of the owners of properties located within a Neighborhood presumed by the Petition to be Benefited by the provision of the Improvements. Each parcel, lot or other unit of real property having a separate real estate folio number or tax identification number shall be considered to be owned by only one person for purposes of this subsection.

(e)

Legislation. Upon determination that the Petition is substantially complete and sufficient, the Office of General Counsel shall file an ordinance, with a copy of the Petition and all required documents attached, with the Chief of Legislative Services, and with notice to JEA, and the Council may enact legislation and take further action to set up the NAP as provided hereafter. In the event, for good cause shown, the Council does not enact legislation to set up a NAP, or delays adoption for a period of more than one year, the Petition filing fee shall be returned to the Petitioners and the Improvement shall be considered abandoned.

(f)

NAP Performance. Once a NAP has been established, JEA shall be the government entity providing NAP financing and performance, and shall undertake the completion of all work associated with the planning, engineering, management, financing, supply of material and labor, and overall construction of the Underground Power and Communication Improvement. During planning, design and engineering, locations for equipment will be determined before any construction takes place. Equipment easements for pad mounted transformers and electric switch cabinets may be required on private property, unless sufficient room within the right-of-way exists for such installations. An Improvement will not proceed without the necessary easements, or other real property interests, for the entire Improvement area. JEA will coordinate with the other utilities with overhead lines in the Neighborhood during Improvement planning, design and engineering, and construction. However, if during any phase of the NAP work, JEA discovers unforeseen and unexpected conditions which interfere with the planned NAP work to the extent that estimated costs for completing the Improvement increase more than 25 percent over the NAP Estimate, JEA shall inform the Neighborhood, which shall either consent to paying the additional costs by the same percentage as used in determining assent for this Program area, or by withdrawing the Petition by the same percentage as used in determining assent for this Program Area. If the Neighborhood does not consent to the additional costs or withdraws its Petition, all property owners shall be assessed the actual prorated costs expended. If the costs are under budget, the Neighborhood shall be assessed a pro rata share of the inclusive actual costs expended. The Improvement costs shall include costs of restoration to generally similar conditions as before construction commenced. Special construction materials (driveways, mailboxes, etc.) or elaborate landscaping located on existing City right-of-way may not be replaced in kind but with a City standard substitute.

(g)

Other Utilities. Other utilities within the City of Jacksonville that are located in a NAP Improvement area are required to provide preliminary and NAP cost estimates to JEA on behalf of an Eligible Neighborhood within 60 days of receiving the request for such estimates in writing. Once a NAP is approved by the City Council, the other utilities are required to coordinate construction conversion with JEA and shall be required to remove their overhead lines from JEA poles or remove the other utilities' owned poles from the Improvement area within 60 days of completion of the underground line work.

(Ord. 2007-558-E, § 1; Ord. 2019-321-E, § 2)

Sec. 714.305. - Funding.

Construction and all other costs to be incurred by JEA in support of Underground Power and Communication Improvements, shall be initially funded by JEA, except that JEA shall not be obligated to provide more than $4,000,000 towards Underground Power and Communication Improvements in any fiscal year. Funding shall be available to each NAP project in the amount of 125 percent of the initial Improvement costs in order to cover any over runs. All costs incurred in support of Underground Power and Communication Improvements shall be refunded to JEA through the assessment program provided by the NAP and this Chapter. There shall be no non-reimbursable contributions by the City or JEA for any Underground Power and Communication NAP.

(Ord. 2007-558-E, § 1; Ord. 2019-321-E, § 2)

Sec. 714.306. - Assessments.

The Assessment against the property owners shall contain the total costs of the Improvements as defined in this Chapter and may include the optional cost as elected by a property owner for conversion of individual services from the point of service or right-of-way line to dwellings or other structures. The impacted property owners shall be assessed in the following manner:

(1)

All property owners shall be assessed pursuant to the approved Assessment method for costs, as defined in Section 714.102(c), to convert the overhead lines within the right-of-way, and for conversion of customer owned three phase equipment where cost benefit is demonstrated.

(2)

Administrative costs, including, but not limited to, those described in Section 714.102(c).

(3)

Property owners with existing overhead service(s) from the point of service or right-of-way line to dwellings or other structures shall have the option for JEA to advance the funds to pay for the cost for service conversion by a licensed third-party electrician of the property owner's choice. These advanced funds shall be included in the property owner's Assessment. JEA and the property owner shall execute a separate instrument to acknowledge receipt of the funds and authorize inclusion in the property owner's Assessment. Property owners shall be responsible for any costs associated with internal wiring of privately owned structures.

(Ord. 2007-558-E, § 1; Ord. 2019-321-E, § 2)

PART 4. - WATER, SEWER, AND RECLAIMED WATER PROGRAM AREA

Sec. 714.401. - Generally.

A Program Area is hereby created that authorizes Neighborhood Assessment Programs (NAP), pursuant to and as set forth in the procedures found in Part 1 hereof as supplemented or modified by this Part 4, for the provision of Water Sewer, or Reclaimed Water Improvements within an Eligible Neighborhood. In the event of an irreconcilable conflict between the provisions of this Part 4 and the general provisions provided in Part 1 hereof, the provisions of this Part 4 shall govern to the extent of the conflict.

(Ord. 2019-321-E, § 3)

Sec. 714.402. - Definitions.

Where capitalized and used herein this Part 4, unless otherwise defined in Part 1, above, the following terms shall have the following meanings:

(a)

Eligible Neighborhood means a neighborhood, as defined in Part 1, that has qualified for the Water, Sewer, or Reclaimed Water Improvements through the procedures set forth in this Chapter.

(b)

Water, Sewer, or Reclaimed Water Improvements orImprovement orImprovements means the construction of water or reclaimed water distribution lines, or sewer collection lines, and all other infrastructure, facilities, or appurtenances related thereto.

(c)

NAP Estimate means the final estimate including all anticipated costs to plan, design and construct, and finance a water, sewer, or reclaimed water Improvement within a Neighborhood. The NAP Estimate shall be based on evaluation of existing conditions within the specified NAP area and based on available recent costs for similar work. The NAP Estimate shall include separate estimates from other utilities, where applicable. Other utilities in the City right-of-way, including the City for City owned utilities, are required to provide estimates for a possible Improvement as requested in writing by JEA on behalf of an Eligible Neighborhood within 60 days of such request. If JEA requires a third party estimate, JEA shall notify the Neighborhood of such cost and receive consent from the Neighborhood by the same percentage as used in determining assent for this Program Area before proceeding.

As described above, the NAP Estimate shall include the overall costs of a water, sewer, or reclaimed water Improvement, and may also include the optional costs for individual services from the point of service or right-of-way line to dwellings or other structures.

The NAP Estimate shall assume that all necessary easements, or other real property interests, will be granted by the participants in the NAP, or other applicable property owners, to JEA or the other utilities at no cost. In the event easements, or other real property interests, are required to be purchased, the Eligible Neighborhood must elect to either approve the costs or to abandon the Improvements by the same percentage as used in determining assent for this Program Area.

(Ord. 2019-321-E, § 3)

Sec. 714.403. - Eligibility.

Only Neighborhoods defined as Eligible Neighborhoods may be improved pursuant to this particular Program Area.

(Ord. 2019-321-E, § 3)

Sec. 714.404. - Initiation of Neighborhood Assessment Program for Water, Sewer, or Reclaimed Water Improvements.

Citizens of the City may petition the City Council to initiate and introduce legislation to adopt a NAP for Water, Sewer, or Reclaimed Water Improvements within a particular Neighborhood. "Frequently Asked Questions" (FAQs) shall be developed by JEA, and modified from time to time as necessary, to provide general information to interested Neighborhoods on how the program will operate. The FAQs will be informational but may not be inclusive of all considerations. The petitioning process shall be conducted in the following manner:

(a)

Preliminary Study. When requested in writing by a Neighborhood, JEA shall work with a Neighborhood to prepare a rough preliminary cost estimate and to define an area for the construction of water, sewer, or reclaimed water Improvements based on property owner interest and system operational requirements. The Neighborhood's request must identify a representative as the primary point of contact and provide a map outlining the general area of interest. The Neighborhood is required to determine where the interest in an Improvement is, and to organize and solidify the sufficiently interested participants. There will likely be modifications during the preliminary study to define the area that will work for utility system operations and to meet the level of interest for a group of property owners. Once the preliminary study is complete and the system operational requirements and Neighborhood interest indicate a viable Improvement, JEA shall compile the NAP Estimate. JEA shall define the Improvement limits during the preliminary study in coordination with other utilities and the Neighborhood.

(b)

Petition. The Petition filed by an Eligible Neighborhood shall be in the form as described in Part 1. The Petition shall contain the NAP Estimate of the cost of providing Improvements and of the Assessment to be levied against each property within the Neighborhood as set forth in the Petition. If JEA incurs costs to procure estimates from other utilities, or has a third party prepare estimates, such costs shall be paid directly to JEA by the Neighborhood for reimbursement prior to filing the Petition. The Petition shall be filed with the Chief of Legislative Services with a filing fee calculated pursuant to Section 714.106(a), paid at the time of filing, and with the actual notice fees, as calculated by the City, paid prior to final adoption of legislation approving a NAP. The filing fee and notice fees shall be deposited in the Neighborhood Assessment Program Fee Trust Fund.

(c)

(d)

Determination of Assent. The Petitioners shall comprise at least two-thirds (66.67 percent) of the owners of properties located within a Neighborhood presumed by the Petition to be Benefited by the provision of the Improvements, and such petitioners shall also agree to connect to the Improvements. Each parcel, lot or other unit of real property having a separate real estate folio number or tax identification number shall be considered to be owned by only one person for purposes of this subsection.

(e)

(f)

NAP Performance. Once a NAP has been established, JEA shall be the government entity providing NAP financing and performance, and shall undertake the completion of all work associated with the planning, engineering, management, financing, supply of material and labor, and overall construction of the Improvements. During planning, design and engineering, locations for the Improvements will be determined before any construction takes place. An Improvement will not proceed without the necessary easements for the entire Improvement area. However, if during any phase of the NAP work, JEA discovers unforeseen and unexpected conditions, which interfere with the planned NAP work to the extent that estimated costs for completing the Improvement increase more than 25 percent over the NAP Estimate, JEA shall inform the Neighborhood, which shall either consent to paying the additional costs by the same percentage as used in determining assent for this Program Area, or by withdrawing the Petition by the same percentage as used in determining assent for this Program Area. If the Neighborhood does not consent to the additional costs or withdraws its Petition, all property owners shall be assessed the actual prorated costs expended. If the costs are under budget, the Neighborhood shall be assessed a pro rata share of the inclusive actual costs expended. The Improvement costs shall include costs of restoration to generally similar conditions as before construction commenced. Special construction materials (driveways, mailboxes, etc.) or elaborate landscaping located on existing City right-of-way may not be replaced in kind but with a City standard substitute.

(g)

Other Utilities. Other utilities within the City of Jacksonville that are located in a NAP Improvement area are required to provide preliminary and NAP cost estimates to JEA on behalf of an Eligible Neighborhood within 60 days of receiving the request for such estimates in writing. Once a NAP is approved by the City Council, the other utilities are required to coordinate construction with JEA and shall be required to remove or relocate other utilities, as applicable, within 60 days of completion of the Improvements.

(h)

NAP Completion. The NAP project will be certified complete once the Improvement has been constructed. Landscaping and hardscape will be restored to meet existing conditions prior to construction where possible and to City standards where not possible to match existing materials.

(Ord. 2019-321-E, § 3)

Sec. 714.405. - Funding.

Construction and all other costs to be incurred by JEA in support of an Improvement shall be initially funded by JEA, except that JEA shall not be obligated to provide more than $4,000,000 towards Improvements in any fiscal year. Funding shall be available to each NAP project in the amount of 125 percent of the initial Improvement costs in order to cover any over runs. All costs incurred in support of the Improvement shall be refunded to JEA through the assessment program provided by the NAP and this Chapter. There shall be no non-reimbursable contributions by the City or JEA for any Water, Sewer, or Reclaimed Water NAP.

(Ord. 2019-321-E, § 3)

Sec. 714.406. - Assessments.

The Assessment against the property owners shall contain the total costs of the Improvements as defined in this Chapter, and may include the optional costs, as elected by a property owner, for construction of facilities from the point of service or right-of-way line to dwellings or other structures by a licensed third-party plumber of the property owner's choice, or for the required JEA connection fees. The impacted property owners shall be assessed in the following manner:

(1)

All property owners shall be assessed pursuant to the approved Assessment method for costs, as defined in Section 714.102(c), to construct the Improvement where cost benefit is demonstrated.

(2)

Administrative costs, including, but not limited to, those described in Section 714.102(c).

(3)

Optional costs as elected by the property owner and authorized in this Section.

(Ord. 2019-321-E, § 3)

Sec. 711.506. - Interlocal agreements. Chapter 715 - SERVICE ASSESSMENTS