HomeMy WebLinkAbout1986-25., 4/86(0-2a)Leg.Jam
m
INDIAN RIVER COUNTY ORDINANCE NO. 86-25
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CREATING
THE PORPOISE POINT 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 Porpoise Point Subdivision
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:
There is hereby established in Indian River County
the Porpoise Point 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 provision hereof is described as.follows:
The South 660 feet of Government Lot 4 (lying east of
State Road A -1-A) of Section 21, Township 33 South,
Range 40 East, and that part of Government Lot 1 of
Section 22, Township 33 South, Range 40 East, lying
East of the South 660 feet of said Government Lot 4
of Section 21, said property now being known as
Porpoise Point Subdivision as recorded in Plat Book 3,
Page 57, of the Public Records of Indian River County,
Florida.
A. This Municipal Service Taxing Unit is created
for 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.
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
SECTION 3
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
this
ordinance.
SECTION 3
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
F,
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 Porpoise Point 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 assessments 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.
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.
or church denomination that are held and used for the holding of
church services.
by
district
by
Be All
lands within the
owned any church
or church denomination that are held and used for the holding of
church services.
and operated by the Indian River County School District for the
by
buildings
C. All lands owned
and occupied
owned
and operated by the Indian River County School District for the
M
purposes of operating a school for the education.of the citizens of
Indian River County.
SECTION 6
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 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.
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
SECTION 9
EFFECTIVE DATE
This ordinance shall become effective upon receipt from
the Secretary of State of the State of Florida of official
Department of State.
Commissioners of Indian River County, Florida, on this 9th day
of April 1986.
that
this ordinance has
been filed
with the
acknowledgment
Department of State.
Commissioners of Indian River County, Florida, on this 9th day
of April 1986.
ORDINANCE N0. 86-25
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
DON Co SCURLOCK, JR., rman
Attest By " _ cue
FREDA WRIGHT, Clieiffk
Acknowledgment by the Department of State of the State of Florida
this 21st day 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 SUI)FICIENCY:
mess P. Wilson,
sistant County Attorney