HomeMy WebLinkAbout1987-6410/87(J4)LEGAL(BBnm)
ORDINANCE NO. 87. 64
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 86-81,
WHICH CREATED THE IXORA PARK AND
EASTVIEW GARDENS MUNICIPAL SERVICE
TAXING UNIT; PROVIDING FOR THE CREATION
OF THE TAXING UNIT, ADDING PLAT 7 TO THE
TAXING UNIT; PURPOSE; DETERMINATION OF
COST OF STREET LIGHTING SERVICE OR OTHER
APPROVED SERVICE; LEVY OF ASSESSMENTS,
ADOPTION OF BUDGET, EXEMPTION FROM
TAXATION OR ASSESSMENTS; DISPOSITION OF
PROCEEDS FOR THE DISTRICT FOR STREET
LIGHTING OR OTHER PURPOSES,
INCORPORATION IN CODE; SEVERABILITY; AND
EFFECTIVE DATE.
WHEREAS, the residents of Ixora Park and Eastview
Gardens Subdivisions
have
requested
taxing
that
the
County
establish
a mechanism
equitable
for
providing
street
lighting
of
service
at crucial locations throughout the subdivisions, and
WHEREAS, the Board finds that the creation of a
municipal
service
taxing
unit
to
raise funds
through
the
equitable
assessment
of
property
owners throughout
the
subdivisions
is
the best
available
means of
accomplishing
the desired goal; and
WHEREAS, provision of street lighting of the area
will further the safety, health and well-being of all those
residing and owning property within the boundaries of the
district; and
WHEREAS the Board intends to include all seven
plats of Ixora Park and all of Eastview Gardens, as
described below;
NOW, THEREFORE, BE IT ORDAINED by Indian River
County, Florida, through its Board of County Commissioners,
that.
Section I.
Creation of Municipal Service Taxing Unit:
-----------------------------------------
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underlined are additions.
ORDINANCE NO, 87=
There is hereby established in Indian River County
the Ixora Park and Eastview Gardens municipal service taxing
unit under the authority of, and with all those powers
conferred by, the Constitution of the State of Florida, and
Sections 125.0.i(q) and 125.01(r), Florida Statutes. The
real property included within the boundaries of this
municipal service taxing unit and subject to all provisions
hereof is described as follows.
All of the land as shown and described
on the Plats of Ixora Park, Plats Witt
1, 21 3, 4, 5, 6, and 7 and_the `lat of
Eastview Gardens as recorded in,
respectively, Plat Book 6, Page 8, Plat
Book 6, Page 39, Plat Book. 6, Page 63,.
Plat Book 6, Page 68, Plat Book 6, Page
83, Plat Book 7, Page 27 and Plat Book
8, Page 2 all as recorded in the Public
Records of Indian River County,.Florida.
SECTION 110
Purpose:
a. This municipal service taxing unit is created
for the purpose of providing street lighting at reasonable,_
efficient, and proper locations, within the boundaries of
the unit, including the cost of engineering, construction,
maintenance, easement acquisition,' and any necessary
supporting service or function related thereto, as may be
determined by the Board of County Commissioners, and for the
provision of such further services as may be lawfully
authorized and determined by the Board from time to time.
b. This municipal service taxing unit may fund
all or any of the aforementioned services or improvements
through either current year funding, tax anticipation or
multi-year notes or bonds, provided any debt instrument or
obligation made must be repayable solely from the revenues
collected by the municipal service taxing unit pursuant to
the authority and means provided by this ordinance.
SECTION Ill.
Determination of Cost of Service.
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underlined are additions.
El
ORDINANCE NO. 87-
The Board of County Commissioners shall determine
each year the estimated costs of providing street lighting
and such other services as the County Commission may
provide, including capital and equipment improvements,
rentals and acquisitions, and operating and maintenance
costs and expenses, for the ensuing County fiscal year for
that area which is or shall be receiving street lighting or
other benefits provided by this unit within the boundaries
of the. unit.
SECTION IV.
Levy _of_Assessment, _Adoption _of_Budget.
The Board of County Commissioners hereby
authorizes the levy of an assessment upon .each tract,
parcel, or unit, whether owned in conjunction with land or
not, otherwise subject to taxation, within that area which
is or shall be receiving street lighting services or
benefits within the municipal service taxing unit 'created
hereby, with such exceptions as are set forth in Section V
below. The assessment shall be equal.and uniform upon each
platted I o t in the Ixora Park k,and Eastview Gardens,
Subdivisions. The assessment shall be levied and a budget
prepared and adopted by the Board at the same time and in
the same manner as the Board prepares and adopts its County
annual budget and levies taxes as. provided by law. Said
assessment shall be levied, collected, remitted to and
accounted for at the time and manner as for the assessment,
levy, collection, remittance and accounting of taxes by the
Board as provided by law. The budget shall contain all or
such portion of the estimated cost of providing street
Iighting and other services within - the boundaries of the
unit, as determined under the provisions of Section III
hereof, as the Board, shall determine to be necessary to
provide such services.
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underlined are additions.
SECTION VII.
Incorporation_ in Code.
This ordinance shall be incorporated into the Code
of Ordinances of Indian River County and the word
"ordinance" may be changed to "section", "article", or, other,
appropriate word and the sections of this ordinance may be
renumbered or relettered to accomplish such purposes.
SECTION VIII.
Severability:
If any section or if any sentence, paragraph,
phrase, or word of this ordinance is for any reason held to
be unconstitutional, inoperative or void, such holding shall
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underlined are additions.
SECTION
V.
Exemptions_
from
Assessment.
The
following
lands.
are
exempted
from
the
provisions
of
this
section
for
the
purposes
of assessments
for
lighting
benefits:
street
a.
Those
parts
of
any
platted
and recorded
lie
the
limits
of
any
subdivision
which
within
corporate
municipality
existing
or
hereafter
created.
"occupied
by buildings
b.
All
lands
owned
and
Indian
River
County
School
owned
and
operated
by
the
District
for
the
purposes
of
operating
a school
for
the
of
the
citizens
of
Indian
River
County
to
the
education
extent
state law
requires
t.his
exemption.
SECTION
VI.
from Levy
Taxes.
Disposition
of
Proceeds
of
Those
funds
obtained
from
the
levy
of
an
assessment
on
all
the
taxable
real
property
within.
the
boundary
unit
shall
be
maintained
in a separate
of
said
account
and used
solely
for
the
purpose
of
providing
street
lighting
such
other
benefits
as determined
by
the
Board
and
of
County
Commissioners
within
the
boundaries
of said
unit
only.
SECTION VII.
Incorporation_ in Code.
This ordinance shall be incorporated into the Code
of Ordinances of Indian River County and the word
"ordinance" may be changed to "section", "article", or, other,
appropriate word and the sections of this ordinance may be
renumbered or relettered to accomplish such purposes.
SECTION VIII.
Severability:
If any section or if any sentence, paragraph,
phrase, or word of this ordinance is for any reason held to
be unconstitutional, inoperative or void, such holding shall
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underlined are additions.
ORDINANCE NO. 87- 6.4
not affect remaining portions of this ordinance, and it
shall be construed to have. been the legislative intent 'to
pass the ordinance without such unconstitutional, inva-lid or
inoperative part..
SECTION IX.
Effective Date:
This ordinance shall become effective upon receipt
from the Secretary of Statement of the State of Florida of
official acknowledgment that this ordinance has been filed
with the Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 1st
day of December____ 1987.
This ordinance was advertised in the Vero Beach
Press -Journal on the 9th _ day of _ November _ 1987, for a
pubi is hearing to be held on the _1st day of December___�
1987, at which time it was moved for adoption by
Commissioner, Bird seconded by Commissioner
Wheeler and adopted by the following vote.
Chairman Don C. Scurlock, J r . Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By �_,,,
Don ;curvrock, J.r.
Chairman
Attest.
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underlined are additions.
Margaret
C. Bowman
Vice Chairman
A�,�
N.
Commissioner
Richard
Bird ALL
K,.
Eggert Aye
Commissioner
Carolyn
Aye:___
Commissioner
Gary C..Wheeler
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By �_,,,
Don ;curvrock, J.r.
Chairman
Attest.
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underlined are additions.
ORDINANCE NO. 87_ 6.4
Acknowledgment by the Department of State of the State of
Florida, this 11thday of December 1987•
-----------------
Effective date: Acknowledgment from the Department of State
received on this 16th day of December , 19871 at 10:30
a.m. /p.m. and f i I eF i n the Of f�i ce of tie Crerk of the . Board
of ounty Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
Charles P ituna_c
County Attorney
Approved for
Administrative Matters:
By
Charles R 'zian
County A ministi ator
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