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ON MOTION by Commissioner Bird, SECONDED by <br />Commissioner Wodtke, the Board unanimously closed <br />the Public Hearing. <br />Mayor Gregg asked Attorney Brandenburg to address our <br />ability to establish a taxing district so that there is surety <br />that the general taxpayer will not be saddled with the share of <br />the cost that is designated to the abutting private property <br />owner. <br />Attorney Brandenburg advised that the County has the <br />authority to set up a special district under Chapter 125, which <br />is a separate and distinct source of authority from that of <br />Chapter 161. He pointed out that Chapter 161 was adopted in <br />1965 and is out of date. When the State Constitution was <br />revised in 1968, it requires a referendum for the establishment <br />of any special district, and the counties can only set up <br />districts now that include lands that are in both the <br />unincorporated area of the county and the municipal area. In <br />other words, there would have to be lands in the unincorporated <br />area and municipal area along the beach front that were to be <br />put in this special district in which the County, as the <br />governing board of that district, could then levy a tax to raise <br />monies for the purposes of beach renourishment. He assured <br />Mayor Gregg that we have the legal ability to establish the <br />taxing district, but whether it will be done is up to the County <br />Commission. <br />Mayor Gregg understood then that the County will have to <br />draft the assurance to the Corps project. <br />Attorney Brandenburg advised that the one catch to that is <br />that the City has to adopt an ordinance setting up the special <br />district along with the County. Therefore, he felt that the <br />responsibility for the establishment of that special district is <br />going to be jointly shared by the City Council and the County <br />Commission. He assured Mayor Gregg that the people to be taxed <br />66 <br />DEC 19 1984 BUOY F,3+� I <br />� I <br />