MSBU Steps

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Validate Petition/Conceptual Design
  • Verify signatures
  • Verify percentage in favor of project
  • Prepare preliminary design
  • Prepare rough cost estimate
  • Determine most fair and equitable method of assessment

 

1st Informal Meeting

  • (Notice property owners 14 days in advance)
  • Purpose of meeting is to:
    • Describe the preliminary design
    • Explain the MSBU process
    • Explain the responsibilities of the property owner
    • Discuss right-of-way/easement issues
    • Provide the proposed method of assessment
    • Provide a rough cost estimate
    • Explain the proposed financing plan
    • Open discussion to address questions and concerns
  • NOTE: Petitions may be rescinded in writing up to the Initial Public Hearing date.
     

Initial Public Hearing (Creates the MSBU)

  • (Published Notice 21 and 7 days in advance)
  • (Notice property owners 14 days in advance)
  • Initial Public Hearing Held (BOCC Meeting)
  • Staff will present to the Board:
    • MSBU Petition
    • Percentage of property owners in favor of project
    • Rough cost estimate
    • Boundaries of the MSBU unit
    • Method of assessment
  • The Board will determine if:
    • The project is in the best interest of the health, safety and welfare of the county.
    • The improvements would be of benefit to the real and personal property within the boundaries of the MSBU unit.
    • The method of assessment is fair and equitable

The Board will consider all objections and/or endorsements from the property owners. If approved, the Board will adopt a resolution creating the unit and authorize the County Engineer to proceed with engineering and design of the project.
 

Design/Permitting/Bid

  • Professional Services Contracts (Requires BOCC approval)
  • Survey/Design
  • Environmental Audit
  • Obtain Right-of-way/Easements (if applicable)
  • Permitting
  • Bid Project
  • Prepare Tentative Assessment Roll

2nd Informal meeting

  • (Publish and Notice owners 10 days in advance)
  • Purpose of meeting is to:
    • Explain the proposed improvements
    • Provide the tentative assessment for each property
    • Financing Plan
    • Explain the procedures to be followed thereafter (2nd Public Hearing)
      • NOTE: If project costs exceed preliminary estimate, conduct re-polling to determine if there is still a majority in favor of the project.

2nd Public Hearing (Adoption of Preliminary Assessment Roll)

  • (Publish notice 21 and 7 days in advance)
  • (Notice property owners 25 days in advance)
  • 2nd Public Hearing Held (BOCC Meeting)
  • Staff will present to the Board:
  • Preliminary assessment roll:
    • Outline the properties being assessed
    • The amount of benefit to each property
    • The assessment against each property
    • Financing plan
    • Term of assessment (generally a 10 to 15 year assessment)

The Board will consider all objections and/or endorsements from the property owners. If approved, the Board will adopt a resolution approving the assessment roll and authorize the County Engineer to proceed with construction.
 

Bond Validation

  • Issuance of Bonds and Commence Bond Validation Proceedings (Requires Board Approval)
  • File Bond Validation Complaint
  • (30-45 days to obtain hearing date)
  • Validation Hearing Held
  • Validation Appeal Period (Expires 30 days subsequent to date of validation hearing)

NOTE: This is generally a 3 to 4 month legal process. If 100% of the land owners agree to being assessed (even though they may be opposed to project), the Board will consider waiving this requirement which is a substantial cost savings.

Financing

  • Establish Budget
  • Establish Financial Plan
  • Obtain Interim Loan (If applicable at this time)
  • Issue Bonds (If applicable at this time)

Construction

  • Award Contract (Requires BOCC Approval)
  • Construction of the Project

Final Assessment Hearing (Adoption of Final Assessment Roll)

  • (Notice property owners 14 days in advance)
  • Final Hearing (BOCC Meeting)
  • Staff will present to the Board:
  • Final Assessment Roll to Board (usually a credit) as determined by the actual costs of improvements.

If approved, the Board adopts the Final Assessment Roll. 

Assessment Credit (If Applicable)

  • If assessment was prepaid or paid off: Refund Check mailed to owner who paid
  • If Assessment is on Property Tax Roll: Credit Assessment Amount