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INDIAN RIVER COUNTY ORDINANCE N0. 86-26
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CREATING
THE LAUREL COURT MUNICIPAL SERVICE TAXING UNIT; PROVIDING
FOR THE CREATION OF 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 FROM THE DISTRICT FOR STREET
LIGHTING OR OTHER PURPOSES; INCORPORATION IN CODE;
SEVERABILITY; AND EFFECTIVE DATE.
WHEREAS, the residents of Laurel Court Subdivision,
together with the developer, Laurel Builders Corporation, have
requested that the County establish a mechanism for providing
street lighting service at crucial locations throughout the
subdivision; and
WHEREAS, the Board finds that creation of a municipal
service taxing unit to raise funds through the equitable assessment
of property owners throughout the subdivision 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;
NOW, THEREFORE, BE IT ORDAINED BY INDIAN RIVER
COUNTY, FLORIDA, THROUGH ITS BOARD OF COUNTY COMMISSIONERS that:
SECTION 1
CREATION OF MUNICIPAL SERVICE TAXING UNIT
There is hereby established in Indian River County
the Laurel Court Municipal Service Taxing Unit under the authority
of, and with all those powers conferred by, the Constitution of the
State of Florida, §125.01(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:
The West 10 acres of the East 20 acres of Tract 5,
Section 10, Township 33 South, Range 39 East, as the same
as designated on the last general plat of the lands of
Indian River Farms Company, filed in the Office of the
Clerk of the Circuit Court of St. Lucie County, Florida
in Plat Book 2, Page 25, said land now situate in
Indian River County, Florida. Also known as and being
a replat of "Ravina Gardens," filed in Plat Book 1,
Page 66, Public Records of Indian River County,
Florida, (vacated by County Resolution Number 83-6 as
recorded in O.R. Book 656, Pages 740-741), said
property now being known as Laurel Court Subdivision,
as recorded in Plat Book 11, Page 99, Public Records of
Indian River County, Florida.
SECTION
PURPOSE
2
is for
A.
This Municipal
Service
Taxing Unit
created
the purpose of providing street lighting at all 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, all 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.
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 3
DETERMINATION OF COST OF SERVICE
The Board of County Commissioners shall determine
each year the estimated cost 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
Unit fund
B. This Municipal
Service
Taxing
may 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 3
DETERMINATION OF COST OF SERVICE
The Board of County Commissioners shall determine
each year the estimated cost 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 4
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 5 below. The assessment shall be equal and uniform upon
each platted lot in the Laurel Court subdivision. 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 lighting and other services
within the boundaries of the unit, as determined under the
provisions of Section 3 hereof, as the Board shall determine to be
necessary to provide such services.
p
SECTION 5
EXEMPTIONS FROM ASSESSMENT
The following lands are exempted from the provisions
of this Article for the purposes of assessments for street lighting
benefits:
A. Those parts of any platted and recorded
subdivision which lie within the corporate limits of any
municipality existing or hereafter created.
B. All lands within the district owned by any church
or church denomination that are held and used for the holding of
church services.
Co All lands owned and occupied by buildings owned
and operated by the Indian River County School District for the
purposes of operating a school for the education of the citizens of
Indian River County.
Those funds obtained from the levy of an assessment
on all the taxable real property within the boundary of said unit
shall be maintained in a separate account and used solely for the
purpose of providing street lighting and such other benefits as
determined by the Board of County commissioners within the
boundaries of said unit only.
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 8
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 not
affect the remaining portions of this ordinance; and it shall be
construed to have been the legislative intent to pass the
ordinance without such unconstitutional, invalid or inoperative
This ordinance shall become effective upon receipt from
the Secretary of State 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 9th day
April of, 1986.
ORDINANCE NO. 86-26
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By G
DON C. SCURLOCK, JR., C Vrman
Attest By
F REDA WRIGHT, Cl rk
Acknowledgment by the Department of STate of the State of Florida
this 21stday of April 1986.
Regarding Effective Date: Acknowledgment from the Department of
State received on this 24th day of April , 1986, at 11.00
A.M./P.M. and filed in the Office of the Clerk of the board of
County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SU$'ICI ENCY :
`abates. Wilson,
ssistant County Attorney