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HomeMy WebLinkAbout1986-8912/3/86(J4)LEGAL(Wnm) ORDINANCE NO, 86- 89 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CREATING THE VERO SHORES 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 Vero Shores 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 the creation of a municipal service Creation taxing unit to raise funds through the equitable Unit. 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 I. There is hereby established in Indian River County the Vero Shores 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 municipal service taxing unit Creation of Municipal Service Taxinq Unit. There is hereby established in Indian River County the Vero Shores 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 municipal service taxing unit ORDINANCE NO. 86- 89 and subject to all provisions hereof is described as follows: Vero Shores Subdivision, Unit 1, being part of the NE -14-of the SE:4 lying East of the East Right -of -Way of U.S. Highway No. 1 in Section 31, Township 33 South, Range 40 East, and part of the SW 4 of the NW 4 of Section 32, Township 33 South, Range 40 East, part of the NW 4 of the SW 4 of Section 32, Township 33 South, Range 40 East, and part of the SW 4 of the SW 4 of Section 32, Township 33 South, Range 40 East, according to plat of said subdivision filed in the Office of the Clerk of the Circuit Court, Indian River County, Florida, in Plat Book 5, Page 52. 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, 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: -------------------------------- 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 NO. 86- 89 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 uni.t, 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 lot in the Vero Shores 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 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 NO, 86- 89 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 4word 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 Statement of the State of Florida of b. lands All owned and occupied by buildings owned and operated by the Indian River County School for District the purposes of operating- a school for the education. of the citizens of Indian River County to the extent law state requires this exemption. SECTION VI, Disposit-ion 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 be in unit shall maintained a separate account and used solely for the purpose of providing street i i and, such other benefits determined by the Board ght -ng as of County Commissioners within the boundaries of said unit 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 4word 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 Statement of the State of Florida of ORDINANCE NO. 86- s9 official acknowledgment that this ordinance has been filed with the Department of State. Commissioners of Indian River County, Florida, on this 23rd day of December , 1986. This ordinance was advertised in the Vero Beach Press -Journal commencing on the 5th dayof December ------------------ 1986, for a public hearing to be held on the 23rd day of December 1986, at which time it was moved for adoption by Commissioner. seconded by Commissioner wheeler---__—, and adopted by the following vote: Chairman Don C. Scurlock, Jr. Awe_ Vice Cha i,f rman Margaret C. Bowman Awe_ Commissioner Richard N. Bird Awe_ Commissioner Carolyn K. Eggert Awe_ Commissioner Gary C. Wheeler Ave_ BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Don C. Scurlock, Jr. Chairman Attest: B, Freda Wr i gh1< _ Clerk , rI Acknowledgment by the Department of State of the State of Florida, this gth— day of 19817. Effective dater Acknowledgment from the Department of State received on this 12th day of January 1987, at 11:00 a.m./p.m. and filed in .the O Ff ce of the (7rerk of the Doard of County Commissioners of Indian River -County, Florida. OVED S 0 FORM AND _EG L SUF IC E CY: i LAI e P Wilson k sistant County Attorney APPROVED FORL - 2,.� - 9AGENDA REGULAR WON — COUNTY ATTORNEY'