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Home My WebLink About1986-8112/3/86(J4)LEGAL(Wnm) ORDINANCE NO. 86- 81 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CREATING THE IXORA PARK AND EASTVIEW GARDENS 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 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 that the County ,establish a mechanism for providing street lighting 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; NOW, THEREFORE, BE IT ORDAINED by Indian River County, Florida, through its Board of County Commissioners, that: Section I. Title: Creation of Municipal—Service—Taxing—Unit: -------------------- 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 125.01(q) and 125.01(r), Florida Statutes. The real property included within the boundaries of this ORDINANCE NO. 86- 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 Units 1, 2, 31 41 5, 6 and the Plat 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 11, 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 III. Determination of, Cost of Service: The Board of County Commissioners shall determine each year the estimated costs of providing street Iighting 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 ORDINANCE NO. 86 - 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 o.r shall be receiving stre,et 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 lot in the Ixora Park 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 lighting 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. SECTION V. Exemptions from Assessment. -------------------------- The following lands are exempted from the provisions of this section 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. ORDINANCE N0. 86 b All lands owned and occupied by buildings owned and operated. by the Indian River County School District for the purposes dof operating a school for the education of the citizens of Indian River County tothe extent state law requires this exemption. SECTION VI, Disposition —of— Proceeds —from _Levy —of—Taxes, 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 fighting and such other benefits as determined by the Board .of :.County Commissioners within the boundaries of said, unit only. 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 Seve+rabi l i ty 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 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 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. ap ORDINANCE NO. 86-. 81 Commissioners of Indian River County, Florida, on this 9th day of December 1986. This ordinance was advertised in the Vero Beach Press -Journal commencing on the 17th day of November 1986, for a public hearing to be held on the 9th day of December 1986, at which time it was moved for adoption by Commissioner seconded by Commissioner Bird, and adopted by the following vote. Chairman Don C. Scurlock, Jr. Vie_ Vice Chairman Margaret C. Bowman Lie_ Commissioner Richard N. Bird Awe_ Commissioner Carolyn K. Eggert Awe_ Commissioner Gary C. Wheeler Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By -- Don C. S;curtock Jr. Chairman) Attest: By k F r e d a W r i g h Clerk Acknowledgment by the Department of State of the State of Florida, thisl6th_day of December 19860 Effective date: Acknowledgment from the Department of State received on this 19th day of December 1986, at 10:00 a:m./p.m. and filed. in the O f IT of the CFerk of the Board of County Commissioners of Indian River County, Florida. APPROVED FOR - AGENDA - REGULAR istant County Attorney APPROVED FOR - AGENDA - REGULAR