HomeMy WebLinkAbout2006-182 i
RESOLUTION NO. 2006-182
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS EXPRESSING SUPPORT FOR A
SPECIAL ACT OF THE FLORIDA LEGISLATURE
PROVIDING FOR AMENDMENT OF THE URBAN
SERVICE BOUNDARY AREA ONLY BY APPROVAL OF
THE MAJORITY OF THE ELECTORATE.
WHEREAS, in 1925, the legislature recognized Indian River County as a County;
and
WHEREAS, since its inception, Indian River County has been known for its rich
agricultural heritage and family oriented communities; and
WHEREAS, the last several years has seen unprecedented growth in the
County, challenging local government leaders and citizens to retain the family oriented
atmosphere this county has known and enjoyed for the past 80 years; and
WHEREAS, when the first comprehensive plan was adopted in 1982, it set aside
substantial agricultural and rural lands and delineated the urban areas which would be
developed for residential, commercial and industrial uses in the later years; and
WHEREAS, in 1991, the Comprehensive Plan was revised to formally establish
an Urban Service Area Boundary that limits the area of residential, commercial and
industrial development and designates substantial areas of agricultural and rural lands;
and
WHEREAS, the citizenry of Indian River County has made it known that they do
not want the County's population to grow at an unlimited rate; rather they wish to protect
the County's agricultural heritage and family friendly life style; and
WHEREAS, Indian River County is a non-charter County operating under Article
VIII, Sec. 1(f), Florida Constitution, with the power of self government as is provided by
general or special law; and
WHEREAS, Article VIII, Sec. 2(c), Florida Constitution, authorizes the legislature
by special act to provide for municipal annexation of unincorporated territory and for
extra territory power of municipalities, and
WHEREAS, Article VIII, Section 4, Florida Constitution, authorizes the legislature
by law to determine whether and under what circumstances a transfer of power among
local governments may occur; and
WHEREAS, Florida Statutes Chapter 163 provides the authority for the Board of
County Commissioners to exercise comprehensive land use and zoning power for
property within the unincorporated area of the county; and
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RESOLUTION NO. 2006-182
WHEREAS, at present, the Urban Service Boundary Area can be expanded only
upon amendment of the comprehensive plan, which can be accomplished by a majority
vote of the County Commissioners and approval by the Florida Department of
Community Affairs; and
WHEREAS, the Board of County Commissioners desires to empower the
electors of Indian River County to determine whether the Urban Service Boundary Area
should be expanded and not have this authority rest solely with the Board of County
Commissioners,
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Indian River County, that the Board hereby petitions the Legislature of the State of
Florida to enact a special act law which provides for change to the County's current
Urban Service Boundary Area only by approval of the electorate of Indian River County
at a referendum in a duly called election.
BE IT FURTHER RESOLVED that the Board of County Commissioners
encourages the City of Vero Beach and the City of Fellsmere to join its fellow
governmental entities, the City of Sebastian, the Town of Indian River Shores, and the
Town of Orchid in support of this resolution.
This resolution was moved for adoption by Commissioner O'Bryan, and the
motion was seconded by Commissioner Bowden, and, upon being put to a vote, the
vote was as follows:
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 resolution dul.y,'passed and adopted this
21 st day of November, 2006.
INDIAN RIVER COUNTY, FLORIDA
Attest: J. K. Barton, Clerk by its Board of County-Commissioners
By CYz� da� By 6J
Deputy Clerk Gary . Wheeler, Chairman
Approved as to.form and
legal sufficiency
By: Up'!( l°.�-C�W
William G. Collins II
County Attorney
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