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Home My WebLink About2007-003RESOLUTION NO. 2007- '003 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON AD VALOREM ASSESSMENTS PURSUANT TO FLORIDA STATUTE 197.3632 TO RECOVER THE COSTS OF STREET LIGHTING AND MAINTENANCE IN THE WEST WABASSO AREA. WHEREAS, Board of County Commissioners of Indian River County is considering imposition of non ad valorem assessments to pay for the cost of installation and maintenance of street lights in the West Wabasso area; and WHEREAS, the Board of County Commissioners of Indian River County has enacted a Municipal Service Benefit Unit (MSBU) ordinance to provide for street lights in certain districts in the unincorporated areas of the County; and WHEREAS, that ordinance authorizes the levy and collection of special assessments in a uniform manner for those MSBU expenditures which are determined to provide a reasonably uniform special benefit to all properties within the benefit unit against which such special assessments are made; and further provides for the assessments to be levied in the same manner as taxes; and further provides for the assessment, levy, collection, remittance and accounting for said assessments at the same time and manner as taxes to the general fund; and WHEREAS, Florida Statute §197.3632(3)(a) requires the Board of County Commissioners to adopt a resolution at a public hearing clearly stating its intent to use the uniform method of collecting such assessment; stating the need for the levy; and including a legal description of the boundaries of the property; and requiring that the local governing board shall send a copy of the resolution by United States Mail to the 1 Property Appraiser, Tax Collector and the Department of Revenue by March 10th of this year; and WHEREAS, a notice of intent to adopt this resolution electing to use the uniform method for collecting the assessment has been published for four consecutive weeks preceding this public hearing in the Vero Beach Press Journal. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows: 1. The Board of County Commissioners hereby elects to utilize the uniform method for levy, collection, and enforcement of non ad valorem assessments as set out in Florida Statute 197.3632 for the West Wabasso area. 2. The Board intends to amend its Code of Ordinances, Chapter 200, to include the West Wabasso area as a MSBU district. 3. The levy of the assessment is needed because the street lights will further the health, safety and well-being of all those residing and 'owning property within the boundaries of the district. The benefited area is a residential neighborhood within unincorporated Indian River County and contains many dirt roads. The establishment of the street lighting district will provide much needed lighting for these roads and enhance the safety of all people that travel within the district. 4. The property included within the West Wabasso Street Lighting District Municipal Service Benefit Unit is described as: 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 2 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 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 3 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. and as depicted below: 4 XI 3g1 I" knit t2i RIM 1111tr1 34WW.-1 —"MA9�3 7�S11 Pa RE del R. Sealer 25 1315. R39E iE941r7114 cm ,ylfry 1(4 =VJr IJME MA 3 EXHIBIT "Ace 30C iaa lam GRAPHIC SCALE( Th FEEL ) EOM 1. TN* 'Keith and deetr¢tIu1 is not *did NIthaut the signature and the orlgind :d ar the Florida reyrterad Surveyor Era Moppar nomad hcraan, TNa dtatah and daacrptlan la rwt 11,a real{ of a aury t. Dencripilart in a C n:0E2110n yr iter,¢ of record and vvr1oue either sumac CR 51a (uae<ammy) 3. ilia adwich and daacrbtian and vdjoin-q end Parcels troy De aLLject to eole- -rmanta, restrictions, reuirvatttns, et rttllt�., IG jr. drays not sharn and may he faunnaa - SEcrwJ !) in the Public Roccrda. 0. TNa akatah and daoarptfon anon not rraapprmvrt a triad =nay. Waso - arty cand'hiarm ar {valvae are not acm. 5. Ttie etatah and desorption in not i a+and ar oamplaa *Mout beth sheets one and tau ar prepared. ' THE IS MOT A BOUNDARY SLNi11£i' SKETCH 10 ACCOMPANY LL LEON_ DF5Ct;1PfOrt PREPARED FOR 1IJ0WJ RNER COUNTY o ENCIIEERINC OEAARTA1Effi EXHIBIT "A" E -11E Nift MEM RI/E2 CINNrr AtYNBTRA11 i IJIDFC 1149 Eath VIM VERO MICH, Ft MOD 070 SJA-eao ROM. Hal? G171W FY Oaovn`msnf of Pub/Tc Wads T'rrgmsersrg Tifsui ar ORMr ar JF. h'OACA u�a�a�r SECTION 7932 SrF C'A ANO i Y.t'P wTiON + TOWNSHIP 31S 14'r41SO STIFfT U4'1771Y0 D/5F JCT RANGE 5,36- 940 2,00 n• 3 5. Upon adoption of this resolution, the Clerk to the Board is directed to mail a copy of this resolution by United States Mail to the Indian River County Property Appraiser, the Indian River County Tax Collector and the Department of Revenue by March 10, 2007. The resolution was moved for adoption by Commissioner 0' Bryan , and the motion was seconded by Commissioner Davi s vote was as follows: , and, upon being put to a vote, the 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 Nye The Chairman thereupon declared the .resolution duly passed and adopted this 16th day of January, 2007. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey K. Barton, Clerk • BY: Gv I Deputy Clerk Approved as to Form and legal sufficiency illiam K. DeBraal Assistant County Attorney 6 eeler, Chairman Approved: s ..a_k seph A Baird unty Administrator