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HomeMy WebLinkAbout2002-033ORD(LEGAL)WGC/nhm ORDINANCE NO. 2002- 033 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BOUNDARY OF LAURELWOOD STREET LIGHTING DISTRICT TO LESS OUT PROPERTY PLATTED AS LAUREL POINTE SUBDIVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 76-8, the Board of County Commissioners created the Laurelwood Subdivision Street Lighting District under the authority of Section 125.01, Florida Statutes; and WHEREAS, the boundary of the Laurelwood Subdivision Street Lighting District is recited in Ordinance No. 76-8; and WHEREAS, a portion of the property within the Laurelwood Subdivision Street Lighting District was platted as Laurel Pointe Subdivision; and WHEREAS, Laurel Pointe Subdivision has its own street lighting arrangement whereby the street lights are paid by Laurel 4 Pointe Homeowners' Association, Inc. directly to Florida Power and Light Company; and WHEREAS, Laurel Pointe Subdivision is a 28 -lot, single street subdivision accessed only from 8th Street; deriving no benefit from the Laurewood Street Lighting District; and WHEREAS, property owners within Laurel Pointe Subdivision are receiving a charge on their property tax bills for the Laurelwood Street Lighting District; and WHEREAS, it is necessary to amend the boundary of the Laurelwood Street Lighting District to less out property platted as Laurel Pointe Subdivision, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. AMENDMENT. The boundary of the Laurelwood Street Lighting District as described in Article II of Ordinance 76-8 is hereby amended to less out property platted as Laurel Pointe Subdivision, according to the plat recorded in Plat Book 15, Page 89, Public Records, of Indian River County, Florida. ORDINANCE NO. 2002- 033 SECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that this ordinance shall be referenced in Indian River County Code Section 200.07, Districts, with respect to the Laurelwood Street Lighting District and be made a part of the Indian River County Code, providing, however, that Sections 1, 2, 3, and 4 shall not be codified. SECTION 3. SEVERABILITY. If any section, or 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 part. SECTION 4. EFFECTIVE DATE This ordinance shall take upon filing with the Florida Secretary of This ordinance was advertised in the Vero Beach Press -Journal on the 23rd day of November, 2002, for a public hearing to be held on the 10th day of December, 2002, at which time it was moved for adoption by Commissioner Gi nn , seconded by Commissioner Adams and adopted by the following vote: The, Chairman thereupon adopted this 10th.,day of December, 2002. ,. Ile ff ' Siµ b v ATT ST ::�aff� ey pK . B'a or1,.Clerk .'.,3v. declared the ordinance duly passed and BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By: K nneth R. Macht, Chairman Approved as to form and legal sufficiency: �Y =4r ?r ;Deputy) 'IV By: William G. Collins II Deputy County Attorney Effective Date: `This ordinance was filed with the Department of State on (� day of , 2002, and becomes effective v,) Aye Chairman Kenneth R. Macht Vice Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Thomas S. Lowther Aye The, Chairman thereupon adopted this 10th.,day of December, 2002. ,. Ile ff ' Siµ b v ATT ST ::�aff� ey pK . B'a or1,.Clerk .'.,3v. declared the ordinance duly passed and BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By: K nneth R. Macht, Chairman Approved as to form and legal sufficiency: �Y =4r ?r ;Deputy) 'IV By: William G. Collins II Deputy County Attorney Effective Date: `This ordinance was filed with the Department of State on (� day of , 2002, and becomes effective v,)