HomeMy WebLinkAbout2007-0071�
ORDINANCE NO. 2007- 007
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
CREATING THE WEST WABASSO AREA STREET
LIGHTING MUNICIPAL SERVICE BENEFIT UNIT;
PURPOSE; LEVY OF ASSESSMENT, ADOPTION OF
BUDGET; DISPOSITION OF PROCEEDS FROM THE
LEVY OF ASSESSMENT; AND AMENDING CHAPTER
200.07 OF THE INDIAN RIVER COUNTY CODE OF
ORDINANCES PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the West Wabasso Area is located along County Road 510 between
58th and 66th Avenues and is comprised of approximately 200 acres for which
adequate street lighting is vitally necessary; and
WHEREAS, the property owners of West Wabasso have asked the County for
assistance in providing additional street lights for their community; and
WHEREAS, the property owners of the area have expressed a willingness to
fund the necessary improvements through a specially established Municipal Service
Benefit Unit (MSBU); and
WHEREAS, the County and Florida Power and Light have entered into an
agreement to install and maintain additional street lights in the West Wabasso area,
which will improve the health, safety and welfare of the residents and property owners
of the area; and
WHEREAS, the Board finds that establishment of a Municipal Service Benefit
Unit to raise funds through the equitable assessment of property owners throughout the
area is the best available means of accomplishing the desired goal,
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1 CREATION OF MUNICIPAL SERVICE BENEFIT UNIT
There is hereby established in Indian River County, the West Wabasso Area
Street Lighting Municipal Service Benefit Unit under the authority of, and with all those
powers conferred by, the Constitution of the State of Florida and Florida Statutes
125.01(q) and 125.01(r). The real property included within the boundaries of this
Municipal Service Benefit Unit and subject to all provisions hereof is described as
follows:
1
All that certain property lying within the following described boundaries:
WABASSO STREET LIGHTING DISTRICT LEGAL DESCRIPTION
A PARCEL OF LAND PARTIALLY IN SECTIONS 29 AND 32, TOWNSHIP 31
SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE CENTER OF SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39
EAST AND RUN SOUTHERLY, ALONG THE 1/4 SECTION LINE OF SECTION 29 A
DISTANCE OF 1347.2 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF
WABASSO LOWE'S PARK SUBDIVISION AS RECORDED IN OFFICIAL RECORD
BOOK 268, PAGE 486 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; THENCE RUN EASTERLY, ALONG THE NORTH LINE OF SAID
WABASSO LOWE'S PARK SUBDIVISION, A DISTANCE OF 332 FEET, MORE OR
LESS, TO THE NORTHEAST CORNER OF SAID WABASSO LOWE'S PARK
SUBDIVISION; THENCE RUN SOUTHERLY, ALONG THE EAST LINE OF SAID
WABASSO LOWE'S PARK SUBDIVISION, A DISTANCE OF 1305 FEET, MORE OR
LESS, TO THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 510; THENCE
RUN SOUTHERLY A DISTANCE OF 40 FEET, MORE OR LESS, TO THE SOUTH
LINE OF SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39 EAST (ALSO KNOWN AS
THE NORTH LINE OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST);
THENCE RUN SOUTHERLY A DISTANCE OF 70 FEET, MORE OR LESS, TO A
POINT ON THE INTERSECTION OF THE SOUTH LINE OF LATERAL "G" CANAL
AND THE EAST LINE OF THE WEST 10 ACRES OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST;
THENCE RUN SOUTHERLY, ALONG THE SAID EAST LINE, A DISTANCE OF 1270
FEET, MORE OR LESS, TO THE SOUTH LINE OF THE WEST 10 ACRES OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 32; THENCE RUN
WESTERLY, ALONG SAID SOUTH LINE, A DISTANCE OF 330 FEET, MORE OR
LESS, TO THE SOUTHEAST CORNER OF DOUGLAS SUBDIVISION (FORMERLY
KNOWN AS COLORED SCHOOL SUBDIVISION) RECORDED IN PLAT BOOK 2,
PAGE 52 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
THENCE RUN WESTERLY, ALONG THE SOUTH LINE OF SAID DOUGLAS
SUBDIVISION, A DISTANCE OF 1324.2 FEET, MORE OR LESS, TO THE
SOUTHWEST CORNER OF SAID DOUGLAS SUBDIVISION, SAID POINT BEING ON
THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION
32, TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE RUN NORTHERLY, ALONG
SAID EAST LINE, A DISTANCE OF 350 FEET, MORE OR LESS, TO A POINT 990
FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST;
THENCE RUN WESTERLY A DISTANCE OF 30 FEET, MORE OR LESS, TO THE
WEST RIGHT-OF-WAY LINE OF 64TH AVENUE (BROXTON ROAD); THENCE RUN
NORTHERLY, ALONG SAID WEST RIGHT-OF-WAY LINE AND ON A LINE
PARALLEL WITH AND 30 FEET WESTERLY OF THE SAID EAST LINE OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 950 FEET, MORE OR
LESS, TO THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 510; THENCE
2
RUN WESTERLY, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF
1298 FEET, MORE OR LESS, TO THE WEST LINE OF SECTION 32, TOWNSHIP 31
SOUTH, RANGE 39 EAST; THENCE CONTINUE WESTERLY A DISTANCE OF 28
FEET, MORE OR LESS, TO A POINT, SAID POINT BEING IN SECTION 31,
TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE RUN NORTHERLY A
DISTANCE OF 40 FEET, MORE OR LESS, TO THE SOUTH LINE OF SECTION 30,
TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE CONTINUE NORTHERLY A
DISTANCE OF 50 FEET, MORE OR LESS, TO THE INTERSECTION OF THE NORTH
RIGHT-OF-WAY LINE OF COUNTY ROAD 510 AND THE WEST RIGHT-OF-WAY
LINE OF 66TH AVENUE; THENCE RUN NORTHERLY, ALONG THE WEST RIGHT-
OF-WAY LINE OF 66TH AVENUE, A DISTANCE OF 1310 FEET, MORE OR LESS,
TO A POINT; THENCE RUN EASTERLY A DISTANCE OF 28 FEET, MORE OR
LESS, TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39 EAST;
THENCE RUN EASTERLY A DISTANCE OF 40 FEET, MORE OR LESS, TO A POINT
ON THE EAST RIGHT-OF-WAY LINE OF 66TH AVENUE, SAID POINT BEING ON
THE NORTH LINE OF A 25 -FOOT DITCH RIGHT-OF-WAY AS DEPICTED ON THE
MAP OF A WHITFIELDS SUBDIVISION RECORDED IN OFFICIAL RECORD BOOK
168, PAGE 680 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
THENCE RUN EASTERLY, ALONG THE SAID NORTH DITCH RIGHT-OF-WAY, A
DISTANCE OF 974.9 FEET, MORE OR LESS, TO A POINT 330 FEET, MORE OR
LESS, WEST OF THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39 EAST;
THENCE RUN NORTHERLY A DISTANCE OF 1349 FEET, MORE OR LESS, TO A
POINT ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 29,
TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE RUN EASTERLY, ALONG SAID
NORTH LINE, A DISTANCE OF 232.3 FEET, MORE OR LESS, TO A POINT 97.66
FEET WEST OF THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39 EAST;
THENCE RUN NORTHERLY A DISTANCE OF 197 FEET, MORE OR LESS, TO A
POINT; THENCE RUN EASTERLY A DISTANCE OF 72.66 FEET TO A POINT ON
THE WEST RIGHT-OF-WAY LINE OF 64TH AVENUE (BROXTON ROAD); THENCE
RUN SOUTHERLY, ALONG THE SAID WEST RIGHT-OF-WAY LINE, A DISTANCE
OF 197 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF
SECTION 39, TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE RUN EASTERLY
A DISTANCE OF 1346 FEET, MORE OR LESS, TO THE CENTER OF SECTION 29,
TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND THE POINT OF BEGINNING.
CONTAINING 197.9 ACRES, MORE OR LESS.
ALL LYING IN INDIAN RIVER COUNTY, FLORIDA.
SECTION 2 PURPOSE
A. This Municipal Service Benefit Unit is created for the purposes of funding
improvements to the existing street lighting system within the boundaries of the unit;
identification of locations where additional lighting is needed within the unit; funding the
acquisition of easements, rights-of-way, or other properties necessary for the required
improvements; funding construction and maintenance of those improvements deemed
necessary or desirable; funding the on-going cost of operating the lights and to fund all
reasonable expenses and services related to any of the foregoing activities.
B. The Municipal Service Benefit 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 revenues collected by the Municipal Service Benefit Unit pursuant
to the authority and means provided by this ordinance.
SECTION 3 LEVY OF ASSESSMENT, ADOPTION OF BUDGET
A. The Board of County Commissioners hereby authorizes a levy of a non ad
valorem assessment under the authority of section 200.04, Indian River County Code in
an amount determined annually based on estimated costs of providing street lighting to
the benefited West Wabasso Area properties for the ensuing County fiscal year as
defined under this ordinance for any or all of those purposes above described, on an
assessment per parcel/acre.
B. Pursuant to said authority, the Board hereby further authorizes the levying and
collection of non ad valorem assessments in a uniform manner for those Municipal
Service Benefit Unit expenditures which are determined to provide a reasonably uniform
special benefit to all those properties within the Municipal Service Benefit Unit against
which such non ad valorem assessment is made.
C. Non ad valorem assessments authorized by this section shall be levied and a
budget prepared and adopted by the County Commission at the same time and in the
same manner as the Board prepares and adopts its annual budget and levies taxes as
provided by law.
D. Non ad valorem assessments authorized under this section shall be assessed,
levied, collected, remitted to and accounted for at the same time and in the same
manner as the assessments, levies, collection, and remittance of taxes to the General
Fund by the County Commission as provided by law. The budget for this Municipal
Service Benefit Unit in each year shall contain that portion of the estimated cost of
providing services hereunder, including debt service, for which costs will be incurred in
the given year.
SECTION 4 DISPOSITION OF PROCEEDS FROM LEVY OF TAXES
All funds obtained by the levy of a non ad valorem assessment on the property
within the boundaries for the West Wabasso Area Street Lighting Municipal Service
Benefit Unit shall be maintained in a separate account and used solely for the purpose
of providing those services set forth above.
SECTION 5 AMENDMENT TO CODE
M
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A new District name is added to Section 200.07of the Indian River County Code
to read as follows:
District Name Ordinance No.
West Wabasso Area 2007- 007
SECTION 6 SEVERABILITY
If any section, subsection, sentence, part thereof, paragraph, phrase, or word of
this ordinance is for any reason held to be unconstitutional, inoperative or void, such
holdings 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 7 EFFECTIVE DATE
The provisions of this ordinance shall become effective upon filing with the
Florida with the Department of State.
This ordinance was advertised in the Press Journal on the 1st day of February
2007, for a public hearing on the 20th day of February 2007, at which time it was moved
for adoption by Commissioner Bowden , and seconded by Commissioner
Wheel er , and adopted by the following vote:
Chairman Gary C. Wheeler
Aye
Vice Chairman Sandra L. Bowden
Aye
Commissioner Wesley S. Davis
Aye
Commissioner Joseph E. Flescher
Aye
Commissioner Peter D. O'Bryan
Aye
The Chairman thereupon declared the ordinance duly passed and adopted this
20th day of February, 2007.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Gary C. heeler, Chairman
tf--
Acknowledgment by the Department of State of the State of Florida this Z.:j day of
F -,,--b , 2007.
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Regarding Effective Date: Acknowledgment from the Department of State received on
this day of , 2007, at 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 SUFFICIE CY
By .
William K. DeBraal
Assistant County Attorney
ATTEST:
Jeffrey K. Barton Clerk of Court
By Ct�QVz,
Deputy Clerk
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