§ 110-660. Findings of fact.

(a)

Pursuant to Article VIII, Section 1 of the Florida Constitution, Chapter 125, Florida Statutes, and the Sarasota County Charter, the Board of County Commissioners ("Board") has all the powers of local self-government to perform County functions, municipal functions and to render services for County purposes in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactment of County ordinances. Section 125.01(1)(k), Florida Statutes, provides specific legislative authorization for counties to provide and regulate sewer collection and treatment. Pursuant to the powers and authorities of the County, the Board has adopted Chapter 126, Article II of the Sarasota County Code, County Sewer System and this Chapter 110, Article XVI, of the Sarasota County Code, the Oak Ford Wastewater District.

(b)

The Oak Ford Wastewater Collection and Treatment System (the "WWT System") provides wastewater service to the Oak Ford Subdivision, comprised of approximately 154 single-family residential lots, a golf course, and a clubhouse. The WWT System has been in operation for approximately 12 years as a privately-owned utility under a permit issued by the Florida Department of Environmental Protection ("FDEP").

(c)

Currently, the WWT System is being operated under a consent order issued by FDEP for failing to meet certain of its permit requirements primarily related to the disposal system. The owner of the WWT System has offered to transfer the WWT System to the County at no cost provided that the County make the necessary repairs to the WWT System to bring it into compliance with the consent order.

(d)

On January 7, 2007, the Board authorized County staff to commence negotiations for the transfer of the WWT System. Following the transfer, the County will own and operate the WWT System as a free-standing wastewater system until such time as it is connected to the County Utilities System.

(e)

The Board has the authority to establish, merge or abolish municipal service benefit units without referendum pursuant to F.S. § 125.01(1) and its constitutional home rule authority. Pursuant to the above authorities, the Board of County Commissioners desires to create a municipal service benefit unit ("MSBU") known as the Oak Ford Wastewater District (the "District") comprised of properties located within the Oak Ford Subdivision for the purpose of funding the Costs necessary to bring the WWT System into compliance with the FDEP consent order.

(f)

The provision of Wastewater Facilities within the District is hereby declared to be of special benefit to all Assessed Properties within the District. The special benefits to the Assessed Properties provided as a result of the District Assessment include, by way of example and not limitation, the availability of central wastewater services to the Assessed Properties.

(g)

The District Assessments imposed pursuant to this article shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act (F.S. § 197.3632) and shall commence following acquisition by the County of the Wastewater Facilities.

(h)

The Board expressly finds that the levy, collection and use of District Assessments imposed on specially benefited property to fund the Wastewater Facilities provides an equitable method of funding the Costs of the Wastewater Facilities by fairly and reasonably allocating the costs to specially benefited properties.

(i)

The District Assessments imposed pursuant to this article are imposed by the Board, not the Clerk, Property Appraiser or Tax Collector. Any activity of the Clerk, Property Appraiser, or Tax Collector under the provisions of this article shall be construed as ministerial.

(Ord. No. 2007-027, § 2, 2-28-2007)