HomeMy WebLinkAbout2000-035ORDINANCE NO. 2000-035
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
CREATING THE EAST GIFFORD WATERSHED AREA
MUNICIPAL SERVICE BENEFIT UNIT; PURPOSE;
DETERMINATION OF COST OF SERVICE; PROPERTY
OWNER ADVISORY GROUP; LEVY OF ASSESSMENT,
ADOPTION OF BUDGET, DISPOSITION OF PROCEEDS
FROM THE LEVY OF ASSESSMENT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the East Gifford Watershed Area south of 43rd Street of the county is
comprised of approximately 43 acres for which adequate drainage maintenance and improvements
is vitally necessary; and
WHEREAS, the level of services required to upgrade existing conditions to an
acceptable state and to provide continual maintenance thereof greatly exceeds the ability of County
forces to provide such services; and
WHEREAS, the property owners of the area have expressed a willingness to fund
the necessary improvements through a specially established MSBU; and
WHEREAS, the Board finds that establishment of a Municipal Service Benefit Unit
to fund the desired additional improvements will further the interest of the public, and property
owners and residents of the area.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1: AMENDMENT.
Section 200. Indian River County Code is hereby amended to add Part III, Stormwater and
PART III. STORMWATER.
SECTION 200.30.01 CREATION OF THE EAST GIFFORD WATERSHED
AREA MUNICIPAL SERVICE BENEFIT UNIT.
There is hereby established in Indian River County, the East Gifford Watershed Area
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 (1.) (q) and (r). The real property
included within the boundaries of this Municipal Service Benefit Unit and subject to all provisions
hereof is described as follows:
Sections
200.30.01
through
200.30.05
follows:
as
PART III. STORMWATER.
SECTION 200.30.01 CREATION OF THE EAST GIFFORD WATERSHED
AREA MUNICIPAL SERVICE BENEFIT UNIT.
There is hereby established in Indian River County, the East Gifford Watershed Area
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 (1.) (q) and (r). The real property
included within the boundaries of this Municipal Service Benefit Unit and subject to all provisions
hereof is described as follows:
ORDINANCE NO.: 2000-035
For a POINT OF BEGINNING, the intersection of the East line of the West one-half
of Tract 5, Section 26, Township 32 South, Range 39 East, according to 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, Florida, and the quarter -section
line (the South line of Tract 5 lying within the 41 st Street right-of-way), and run
North, along the said East line, to a point lying 105 feet North of the South line of the
Annie Gray Battle Tract. Then run
Northwesterly to a point lying in the North line of Tract 5, 50 feet East of the East
right -of --way of 27th Avenue. Then run
West to the East right-of-way of 28th Avenue. Then run
North, along the 28th Avenue, to the centerline of 43rd Street. Then run
East, along the centerline of 43rd Street, as shown on Plats 1, 2, and 3 of the Hillcrest
Subdivision, to its intersection with the center of the main track of the Florida East
Coast Railway. Then run
Southeasterly, along the track center, to its intersection with the quarter -section line
in the 41 st Street right-of-way. Then run
West, along the quarter -section line, to the POINT OF BEGINNING. Now lying in
Indian River County, Florida.
SECTION 200.30.02 PURPOSE
improvements of the existing drainage system and maintenance of the improved drainage system
within the boundaries of the unit; identification of improvements necessary to provide optimum
drainage of all rights-of-way and of the properties within the unit; funding the acquisition of
easements, rights -of --way, or other properties necessary for the required improvements; funding the
engineering, construction, and maintenance of those improvements deemed necessary or desirable;
and to fund all reasonable expenses and services related to any of the foregoing activities.
is for
funding
1. This Municipal
Service Benefit
Service Benefit
Unit
created the
purposes of
improvements of the existing drainage system and maintenance of the improved drainage system
within the boundaries of the unit; identification of improvements necessary to provide optimum
drainage of all rights-of-way and of the properties within the unit; funding the acquisition of
easements, rights -of --way, or other properties necessary for the required improvements; funding the
engineering, construction, and maintenance of those improvements deemed necessary or desirable;
and to fund all reasonable expenses and services related to any of the foregoing activities.
services or improvements through either current year funding 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 200.30.02 DETERMINATION OF COST OF SERVICE;
PROPERTY OWNERS ADVISORY GROUP
1. The Board of County Commissioners shall determine each year the estimated cost
of providing those services or improvements contemplated within the unit boundaries for the ensuing
County fiscal year.
2. In determining both the level and cost of services for any given year, the Board shall
consider the recommendations of an advisory group composed of three (3) persons who are the
2. The
Municipal
Service Benefit
Unit may fund all or any
of the aforementioned
services or improvements through either current year funding 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 200.30.02 DETERMINATION OF COST OF SERVICE;
PROPERTY OWNERS ADVISORY GROUP
1. The Board of County Commissioners shall determine each year the estimated cost
of providing those services or improvements contemplated within the unit boundaries for the ensuing
County fiscal year.
2. In determining both the level and cost of services for any given year, the Board shall
consider the recommendations of an advisory group composed of three (3) persons who are the
_ c
ORDINANCE NO.: 2000- 035
owners of property within the boundaries of the unit. The advisory group members shall be
appointed at large upon motion of the Board of County Commissioners from a list of interested
individuals or nominees. Advisory group members shall serve at the pleasure of the Board of
County Commissioners. All official action taken or recommendations made shall be by affirmative
vote of no less than a majority of the full membership of the group. The advisory group shall offer
it recommendations in writing to the Board from time to time through the office of the Public Works
Director. All advisory group activities shall be subject to the Florida Sunshine Law, Florida Statute
286.011. The Board of County Commissioners shall have sole discretion to determine the final level
of funding or services for any given fiscal year.
SECTION 200.30.04 LEVY OF ASSESSMENTS; ADOPTION OF BUDGET
1. The Board of County Commissioners hereby authorizes a levy of a special
assessment under the authority of the second sentence of Section 9 (b) Article VII of the Constitution
of the State of Florida and Florida Statutes 125.01 (q) in an amount to be determined annually by
the Board of County Commissioners based on an assessment per parcel/acre within the East Gifford
Watershed Area Municipal Service Benefit Unit.
2. Pursuant to said authority, the Board hereby further authorizes the levying and
collection of special 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 benefit unit against which such special assessment is made.
3. Special 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.
4. All special 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 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 200.30.05 DISPOSITION OF PROCEEDS FROM LEVY OF
All funds obtained by the
levy of an assessment
on the real property
within
that
the boundaries
of the East Gifford Watershed Area
Municipal
Service Benefit Unit shall
be maintained
a part of the Indian
in a separate
Code and
the
word
account and used solely for the
purpose
of
providing
those services set
forth above.
SECTION 2 CODIFICATION.
It is the intention
of the Board
of County Commissioners
that
the provisions
of this
ordinance
shall become
and be made
a part of the Indian
River County
Code and
the
word
ORDINANCE NO. 2000-035
"ordinance" may be changed to "section," "article," or other appropriate word or phrase and the
sections of this Ordinance may be renumbered or re -lettered to accomplish such intention; providing,
however, that Sections 2, 3, and 4 shall not be codified.
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 3 EFFECTIVE DATE
Certified copies of this ordinance, as enacted, shall be filed by the Clerk with the Office of
the Secretary of the State of the State of Florida within ten days after enactment, and this ordinance
shall take effect upon filing.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 7th day of November , 2000.
This ordinance was advertised in the Vero Beach Press -Journal on the 27th day of
Oct . , 2000, for a public hearing to be held on the 7th day of Nov. , 2000, at which
time it was moved for adoption by Commissioner Macht , seconded by Commissioner
Ti npi n , and adopted by the following vote:
The Chairman thereupon declared the ordinance duly passed and adopted this 7th day of
November ,2000.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
ATT Ja e, eK Ba ierk
B X1 8.0 _
D putyNClerk f '
J�4 aQ
f,�' ° •>,
4
`;,1
VL L �4 P i � .
Adams
Chairman
Fran
B.
Aye
Vice
Chairman
Caroline
D.
Ginn Aye
Commissioner
Kenneth
R.
Macht �-
Commissioner
Ruth M.
Stanbridge
Aye
Commissioner
John W.
Tippin
Ave
The Chairman thereupon declared the ordinance duly passed and adopted this 7th day of
November ,2000.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
ATT Ja e, eK Ba ierk
B X1 8.0 _
D putyNClerk f '
J�4 aQ
f,�' ° •>,
4
`;,1
VL L �4 P i � .
ORDINANCE NO. 2000-035
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
B
Y
Wm. G. Collins, II, Deputy County Attorney
Effective Date: This ordinance was filed with the Department of State on day of
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