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HomeMy WebLinkAbout2008-2021 RESOLUTION NO. 2008- 202 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 SECTION 197.3632 TO RECOVER THE COSTS OF OPERATION, MAINTENANCE AND IMPROVEMENT OF THE GIFFORD COMMUNITY CENTER. WHEREAS, the Board of County Commissioners of Indian River County is considering imposition of non ad valorem assessments to pay for the cost of operation, maintenance and improvement of the Gifford Community Center; and WHEREAS, the Board of County Commissioners of Indian River County has enacted a Municipal Service Benefit Unit (MSBU) ordinance to provide for other services authorized under Section 125.01 F.S., including County buildings 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 1 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 Property Appraiser, Tax Collector and the Department of Revenue by January 10th of the following 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 area commonly known as the Community of Gifford. 2. The Board intends to amend its Code of Ordinances, Chapter 200, to include the Gifford Community as a MSBU district. 3. The levy of the assessment is needed because the operation, maintenance and improvement of the Gifford Community Center 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 some industrial, commercial and retail property. The establishment of the district will provide needed revenue for the operation, maintenance and improvement of the Gifford Community Center and provide for its use and enjoyment by the residents of the Gifford Community. 4. The property included within the Gifford Community Center Municipal Service Benefit Unit is described as: GIFFORD COMMUNITY CENTER DISTRICT LEGAL DESCRIPTION THE SOUTH HALF OF SECTION 21; THE SOUTH HALF OF SECTION 22; THE SOUTHWEST QUARTER OF SECTION 23, LESS THAT PORTION LYING NORTH OF 47TH STREET AND EAST OF US HIGHWAY 1; THE NORTH HALF OF SECTION 28; THE NORTH HALF OF SECTION 27; THE NORTHWEST QUARTER OF SECTION 26; INCLUDING TRACT 12 AND THE WEST HALF OF TRACT 11 AND THE NORTHWEST QUARTER OF TRACT 14 OF SECTION 27, TOGETHER WITH THE NORTH 200 FEET OF THE SOUTH HALF OF THE WEST 20.53 ACRES OF TRACT 14, SECTION 27; INCLUDING TRACTS 10, 11 AND 12 OF SECTION 28, TOGETHER THE WEST 20 ACRES AND THE EAST 10 ACRES OF TRACT 9, SECTION 28; INCLUDING THE SOUTH 9.5 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22 LYING WEST OF THE LATERAL H CANAL; INCLUDING THAT PORTION OF TRACT 13, SECTION 27 IN THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY; ALL IN TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING: 1,830 ACRES, 79,719,834 SQUARE FEET, MORE OR LESS, ALL LYING IN INDIAN RIVER COUNTY, FLORIDA. and as depicted below: 3 The resolution was moved for adoption by Commissioner Wheeler , and the motion was seconded by Commissioner Flescher , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis AYE Vice Chairman Joseph E. Flescher AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE Commissioner Gary C. Wheeler AYE The Chairman thereupon declared the resolution duly passed and adopted this 16th day of December, 2008. BOARD OF COUNTY COM MISSiO-NERS INDIAN RIVER COUNTY,. FLORIDA -a B ; -- Wesley S. Davis, Chairman' ATTEST: Mary Louise Scheidt, Clerk, Ad Interim By: NC�11—'� ---P Deputy Clerk Approved as to Form and legaOKDecBeaar Willi Deputy County Attorney N7 Approved: