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1999-017
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1999-017
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Last modified
7/6/2023 1:59:49 PM
Creation date
7/6/2023 1:54:27 PM
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Template:
Official Documents
Official Document Type
Miscellaneous
Approved Date
01/19/1999
Control Number
1999-017
Subject
Indian River County Beach Preservation Plan/Economic Analysis and Cost
Allocation Plan/Prepared by Applied Technology & Management, Inc. (ATM)
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40 <br />i <br />a <br />Section 125.01(5)(b), Florida Statutes, requires that the governing body of the <br />special district be composed of county commissioners and further provides that <br />the governing board may include elected officials of the affected municipality. <br />The basis of apportionment must be established in the ordinance. <br />The levy of ad valorern taxes must be approved by referendum within the district <br />and an additional referendum must approve the pledge of ad valorem taxes to <br />secure the payment of bonds, If the district is dependent, any Special District <br />Millage levied to fund general benefits must be aggregated with the County <br />Millage. No aggregation is required if the district is independent, <br />Vero Beach City Charter <br />The Vero Beach City Charter contains an unusual provision that merits <br />discussion in the context of ad valorem tax and special assessment options. <br />Section 2.09. Referendum Required. <br />Unless specifically authorized to do so by one or more local binding <br />referendum elections, the City of Vero Beach shall not on beaches owned <br />by or within the municipal limits of the City of Vero Beach, directly or <br />indirectly, expend tax dollars from whatever source (local, state or <br />federal) on beach restoration that involves the direct or indirect placement <br />of sand on the beach except in the amount necessary to protect life or <br />property during storms or other natural disasters. <br />By its express terms, Section 2.09 limits the expenditure of tax dollars by the City <br />of Vero Beach (notwithstanding their source), but does not expressly limit the <br />expenditure of tai dollars by the County or any other governmental entity. <br />Moreover, it does not expressly limit the use of special assessments by the <br />County or the City of Vero Beach because a legally imposed special assessment <br />is not a tax. City of Boca Raton v. State, 595 So.2d 25 (la. 1992), Even if <br />Section 2.09 did intend to limit the County, the constitutional principle that a <br />
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