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1990-012
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Last modified
2/26/2021 11:49:03 AM
Creation date
10/30/2020 3:33:58 PM
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Resolutions
Resolution Number
1990-12
Approved Date
01/16/1990
Subject
Passage of a General Law Amending Florida Statute 7.31.
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TO: <br />FROM: <br />DATE: <br />SUBJECT: <br />INDIAN RIVER COUNTY, FLORIDA <br />INTER - OFFICE MEMORANDUM <br />The Board of County Commissioners <br />William G. Collins II - Assistant County Attorney <br />January 10, 1990 <br />Legislative Delegation - County Boundary <br />Approximately a year ago, Indian River County and Brevard <br />County officials met to discuss the common boundary between <br />the counties lying In the St. Sebastian River. Problems had <br />been identified such as assessment of islands in the river <br />in both counties to different people. The root of the <br />problem lies in an inconsistency in Florida Statutes <br />defining the county boundary. Florida Statute 7.05, <br />defining the boundary lines of Brevard County, describes in <br />three places the common boundary in the vicinity of the St. <br />Sebastian River as "the thread" of the St. Sebastian River. <br />Florida Statute 7.31, defining the boundary lines of Indian <br />River County along the St. Sebastian River, describes in two <br />places the boundary as "the thread" of the St. Sebastian <br />River, but unlike the description of the Brevard County <br />boundary substitutes the language "the medial line" in one <br />place. <br />All county officials including attorneys, surveyors, <br />property appraisers, etc. have agreed that the intent is to <br />utilize "the thread" as the common boundary. The thread of <br />the river is the midpoint of the deepest channel in the <br />river, i.e., that line along which water would flow if the <br />river were drained to its lowest point. <br />The term "medial line" as used in the definition of the <br />Indian River County boundary (F.S. 7.31) can be interpreted <br />as the midpoint between the two banks of the river. Using <br />this interpretation the county boundary line could bisect <br />certain islands in the river. Such an interpretation of the <br />county boundary would be inconsistent with the definition of <br />the county boundary as set out in defining Brevard County <br />(F.S. 7.05) and be inconsistent with U.S.G.S, maps of the <br />county boundary dating back to the 1950 era. <br />RECOMMENDATION <br />Adopt the attached resolution which endorses a change to <br />General Law of Florida, specifically F.S. 7.31 to change the <br />reference currently in the state statute from "medial line" <br />to "thread". <br />WGC/nhm <br />Attachment <br />
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