§ 122-29. Creation.

(a)

There is hereby authorized the creation and establishment by subsequent resolution of the Board of County Commissioners municipal service benefit units in the county under the authority of F.S. § 125.01. The provisions of this article shall, unless otherwise stated in the unit resolution, apply to all units hereinafter created in which special assessments shall be levied by the county.

(b)

The Board of County Commissioners may determine to establish a unit either by its own initiative or pursuant to a petition of property owners located in such unit. Each petition to establish a unit must be signed by a majority of the property owners within the proposed unit. The petition shall indicate the area to be included within the proposed unit and state the nature of the proposed project. The petition shall also state that the project shall be principally paid from special assessments. Each petition shall be provided to the clerk who shall forward the petition to the property appraiser of the county. The property appraiser shall verify that the petition is duly signed by a majority of the property owners within the proposed unit. Subsequent to verification, the property appraiser shall return the petition to the clerk. The qualified petition shall then be entered as a Board of County Commissioners agenda item. A petition to establish a unit shall comply with all other applicable county ordinances, resolutions and regulations, unless otherwise waived by the board.

(c)

The clerk shall publish, in a newspaper of general circulation, published and circulating in the county, a notice stating that at a meeting of the board on a certain day and hour, not earlier than 15 calendar days from such publication (excluding Saturdays, Sundays and legal holiday), which meeting may be a regular, adjourned or special meeting, the Board of County Commissioners will hear objections of all interested persons to the establishment of the unit and will consider the adoption of the unit resolution creating such unit. Such notice shall also describe the area to be encompassed by the proposed unit, the nature of the project to be constructed or acquired within such unit, the procedure of objecting and such other information as the Board of County Commissioners deems appropriate to include in such notice. In addition to the published notice described above, the clerk shall mail a copy of such notice by first class mail to each property owner in the proposed unit. Notice shall be mailed, at least 15 calendar days prior to the hearing, to each property owner at such address as is shown on the tax rolls. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The failure of the clerk to mail such notice shall not constitute a valid objection to holding the hearing or the adoption of the unit resolution as provided herein.

(d)

All objections to the adoption of the unit resolution creating the unit shall be made in writing, and filed with the clerk at or before the time or adjourned time of such hearing. Upon consideration of the objections and the unit resolution, the Board of County Commissioners shall consider the unit resolution with such amendments as it deems appropriate or necessary. The adoption of the unit resolution shall be the final adjudication of the issues presented thereby unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board of County Commissioners action on the unit resolution.

(e)

Any informality or irregularity in the proceedings in connection with the creation of any unit under the provisions of this article shall not affect the validity thereof and such unit shall be deemed to be valid in all respects unless it be clearly shown that the party objecting to the validity thereof was materially injured by the creation of such unit.

(Ord. No. 88-23, § 2)