HomeMy WebLinkAbout1987-6812/15/87(J4)LEGAL(Vnm)
ORDINANCE NO. 87- 68
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, CREATING THE ROYAL POINCIANA
PARK, GLENDALE PARK, AND FRESARD
GLENDALE 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 Royal Poinciana Park,
Glendale Park, and Fresard Glendale 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
Section
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:
Creation of the Royal Poinciana Park, Glendale
------------------- ----------------------------
Park, and Fresard Glendale Municipal Service Taxing Unit:
--------------------------------------------------------
There is hereby established in Indian River County
the Royal. Poinciana Park, Glendale Park, and Fresard
Glendale municipal service taxing unit under the authority
of, and with all those.powers conferred by, the Constitution
Section
I.
Title:
Creation of the Royal Poinciana Park, Glendale
------------------- ----------------------------
Park, and Fresard Glendale Municipal Service Taxing Unit:
--------------------------------------------------------
There is hereby established in Indian River County
the Royal. Poinciana Park, Glendale Park, and Fresard
Glendale municipal service taxing unit under the authority
of, and with all those.powers conferred by, the Constitution
ORDINANCE NO. 87 -
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 municipal service taxing unit
and subject to all provisions hereof is described as
follows:
The Northeast one-quarter of Section 14,
Township 33 South, Range 39 East, LESS
the West 10 acres of Tract 2 as it is
shown on the last general plat of the
lands of the Indian River Farms Company,
recorded in Plat Book 2, Page 25 of the
Public Records of St. Lucie County.
Said lands now lying and being in Indian
River County, Florida.
SECTION—II. 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, or tax anticipation or
multi-year notes or bonds, provided that 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 lighting
and .such other services as the County Commission may
provide, including capital and equipment improvements,
rentals and acquisitions, and operating and maintenance
ORDINANCE N0. 87 -
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 ofAssessment,
Adoption
of
Budgets
The, Board of County Commissioners hereby
authorizes the levy of an assessment upon each tract,
, or unit, within that area which is or shall be
parcel
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 on each platted lot in
the Royal Poinciana Park, Glendale Park, and Fresard
Glendale 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 Boa'.rd prepares and adopts i.ts
County annual budget and levies taxes as provided by law.
Said assessment shall be Ievi.ed,.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
IF I
municipality existing or hereafter created.
3
ORDINANCE NO. 87
Taxes:
Those funds obtained Pfrom 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
benefits as determined by the Board
lighting and such other
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
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 State of the State of Florida of
official acknowledgment that this ordinance has been filed
with the Department of State.
4
b. All
lands owned and buildings operated
by the
Indian River County
School District for the
purposes
of
a school for the
education of the citizens of
Indian
River
County
to
the
state law requires
this exemption.
extent
VI. Disposition Proceeds
from
Levy
SECTION
of
of
Taxes:
Those funds obtained Pfrom 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
benefits as determined by the Board
lighting and such other
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
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 State of the State of Florida of
official acknowledgment that this ordinance has been filed
with the Department of State.
4
ORDINANCE NO. 87-68
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 22nd
day of December 1987.
This ordinance was advertised in the Vero Beach
Press -Journal on the 4th day of December, 1987; for a public
hearing to be held. on the 22nd day of December, 1987, at
which time it was moved for adoption by Commissioner
Wheeler., seconded by Commissioner , and
adopted by the following vote.
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Gary C. Wheeler Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By
Don Scu r oc , J r .
Chairman
Attest.
Acknowledgment by the Department of State of the State of
Florida, this 31st day o f ._—D aaQM►tsr—_— , 1 9 8 7.
Effective date: Acknowledgment from the Department of State
received on this 6th day of Januar__, 198'g, at 10:00
a.m./p.m. and filed in the 0 R1 Ti of the _ CTlerk of the Doard
oF-County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
60wce *00d 40C fr�
-----------------------------
William G. Collins If
Assistant County Attorney
APPROVED AS TO BUDGET
MATTERS.
w
Ira ME ! �, wit •Rvwiffij
s -• � •
U : Director
APPROVED AS TO PUBLIC
WORKS MATTERS:
L444mes W. Davis
irector