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HomeMy WebLinkAbout1996-13ORDINANCE NO. 95- 13 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CREATING A MUNICIPAL SERVICES BENEFIT UNIT FOR THE CITY OF SEBASTIAN; AUTHORIZING THE LEVY OF SPECIAL ASSESSMENTS TO FUND WATER AND SEWER LINE EXTENSIONS. WHEREAS, by interlocal agreement between the City of Sebastian and Indian River County, the Indian River County Department of. Utility Services is authorized to provide water and sewer services to the City of Sebastian; and WHEREAS, as part of that interlocal agreement, the City and County agreed that certain areas of the City would be provided water and sewer line extensions to be paid for by special assessment against the benefited properties, and WHEREAS, the agreement indicated that if the City chose not to hold these special assessment hearings itself that the City would authorize the County to hold such hearings; and WHEREAS, the City has indicated that it does not wish to hold these special assessment hearings itself, and WHEREAS, Section 125.01.1(q), Florida Statutes, authorizes counties to create municipal services taxing or benefit units for any part of the unin- corporated area of the county and any part or all of the municipality if the governing body of the municipality gives consent by ordinance either annually or for a term of years, and WHEREAS, the City has adopted such an ordinance; and WHEREAS, the creation of such an MSBU is required to empower the County to assess the costs of the necessary water and sewer works within the City boundaries; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. SHORT TITLE This ordinance shall be known and may be cited as the "Sebastian Area MSBU Water and Sewer Line Extension Ordinance." SECTION 2. CREATION OF MSBU AND GOVERNING BODY Pursuant to the authority of Section 125.01(1)(q), F.S., there is hereby created a Municipal Services Benefit Unit composed of all property within the City of Sebastian. The governing body of the MSBU shall be the Board of County Commissioners. SECTION 3. PURPOSE OF MSBU The MSBU shall have the power to assess specially benefited property for the cost of water and sewer line extensions, through which water and sewer service will be provided by the Indian River County Department of Utility Services. The assessments shall be handled as provided by County ordinance. The MSBU shall not have the power to levy ad valorem taxes. SECTION 4. SEVERABILITY The provisions of this ordinance are intended to be severable. If any one or more sections, paragraphs, sentences, clauses or provisions shall be held to be illegal or invalid, the remaining sections, sentences, clauses and provisions of this ordinance shall nevertheless stand and be construed as if the illegal or invalid sections, sentences, clauses or provisions had not been included herein. SECTION 5. EFFECTIVE DATE A certified copy of this ordinance, as enacted, shall be filled by the Clerk with the Office of the Secretary of State of the State of Florida within 10 days after enactment, and this ordinance shall take effect upon such filing. DONE AND ORDAINED by the Board of County Commissioners of Indian River County, Florida, this 7day of July , 1996. This ordinance was advertised in the Vero Beach Press Journal on the 26 day of June 1996, for a public hearing to be held on the 9 day of July 1996, at which time it was moved for adoption by Commissioner Macht and the motion was seconded by Commissioner Tippin and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Vice Chairman Carolyn K. Eggert Commissioner Richard N. Bird Commissioner Kenneth R. Macht Commissioner John W. Tippin The Chairman thereupon declared the ordinance this 9 `day of.. July : ; 1996. fir.. {Ea duly passed and adopted BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ,.;r Effective Date: Acknowledgment for the Florida Department of S "' day of July 1996.