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HomeMy WebLinkAbout8/5/1981 (2)WEDNESDAY, AUGUST 5, 1981 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN SPECIAL SESSION AT THE WEST CIRCUIT COURTROOM IN THE COUNTY COURTHOUSE, 2145 14TH AVENUE, VERO BEACH, FLORIDA, AT 7:30 O'CLOCK P.M. PRESENT WERE PATRICK B. LYONS, CHAIRMAN; WILLIAM C. WODTKE, JR., VICE CHAIRMAN; DICK BIRD; ALFRED GROVER FLETCHER; AND DON C. SCURLOCK, JR. ALSO PRESENT WERE NEIL A. NELSON, COUNTY ADMINISTRATOR; R. STEPHEN HOULIHAN, ACTING AS ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS IN ATTORNEY COLLINS' ABSENCE; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER AND ANNOUNCED THAT IT WAS CALLED FOR THE PURPOSE OF HOLDING A PUBLIC HEARING ON THE CREATION OF A STREET LIGHTING DISTRICT FOR THE GIFFORD AREA. THE -HOUR OF 7:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT' VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA' Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal. a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of in the fished in said newspaper in the issues of Court, was pub - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before 110 qday oft A. D.71 0 (SEAL) + r. (Clerk of the Circuit Court, India NO 1,CE NOTICE lSHEREBYGtV"Abatthe Board of County Commissioners of Indian River ^--County, Florida, will hold a public hearing on August 5, 1981, at 7:30 P.M., in the County _ Court Room of the County Courthouse, 2145 14thAvenue, Vero Beach, Florida, second floor, to consider the adoption of an Ordinance creating the Gifford Area Municipal Service Taxing Unit; defining the boundaries of said Taxing Unit; authorizing the levy by the Board of County Com- missioners of a tax not to exceed IIA mills on all the real intangible property within said Taxing Unit, or in the alternative providing for a per parcel assessment of an amount to be. determined by the Board of County Com- missioners on each parcel of land lying within the boundaries of the district; providing for the adoption of a budget and the assessment levy in collection of such taxes or assessments within said Taxing Unit; providing an effective date. I If any person decides to appeal any decision made on the above matter, he will need a record of the proceedings, -and for such pur- poses, he may need to insure that a verbatim record of the proceedings is made, which record includes the testimony in evidence on i which the appeal is based. Board Of County -Commissioners of Indian River County, Florida By: -s -Patrick B. Lyons Chairman 1 July 18. 1981. 1 Maps are.available for review in Neil Nelson's office sooK 4. 7 Pmu,E 171 AUG 1 Bou 4 � u GF -7 5 981 THERE BEING ONLY TWO MEMBERS OF THE PUBLIC PRESENT, THE BOARD OF COUNTY COMMISSIONERS CONTINUED WITH OTHER COMMISSION BUSINESS, WHICH IS REPORTED IN THE MINUTES OF THE REGULAR AUGUST 5TH MEETING, IN ORDER TO ALLOW THE PUBLIC ADDITIONAL TIME TO ARRIVE. AT APPROXIMATELY 8:20 O'CLOCK P.M. THE CHAIRMAN ANNOUNCED THAT THE BOARD WOULD COMMENCE THE PUBLIC HEARING TO CONSIDER CREATING THE GIFFORD AREA MUNICIPAL SERVICE TAXING UNIT AS ADVERTISED FOR 7:30 P.M., A GOODLY NUMBER OF MEMBERS OF THE PUBLIC HAVING ARRIVED. ATTORNEY HOULIHAN STATED THAT THE ADVERTISEMENT WAS IN ORDER. THE HISTORY OF THE PUBLIC HEARING IS EXPLAINED IN EXERPT FROM THE COUNTY ADMINISTRATORS MEMO OF JULY 8TH AS FOLLOWS: The Administration has received verbal request from Mr. J. Blayne Jennings;, on behalf of the Gifford community, requesting the Board to call for a public hearing regarding the creation of a street lighting destrict for the Gifford area. Description and Conditions The boundaries of the proposed district would be roughly 49th Street on North, Kings Highway on the West, 40th Street and the Vero Beach City limits on the South, and a line East of U.S. Highway # 1 to the East. Mr. Jennings has received estimates on lighting requirements from Florida Power and Light Company and the City of Vero Beach, each of which serves a portion of the proposed district. The proposal from Florida Power & Light calls for a total of one hundred and three lights at an estimated annual cost of $5,617. The City of Vero Beach proposal calls for an additional two hundred and eighty-nine lights at an annual cost of approximately $32,612. The total three hundred and ninety-two lights proposed by the two electrical systems would have an annual cost of approximately $38,229• With estimated contingencies, appraisal and collection of fees, the Administration estimates a gross budget requirement of $44,452. with a net tax levy of $42,229. Based upon an estimated tax base within the district of $18,000,000., the millage requirement would be 2.35 mills. It should be noted the $18,000,000. tax base utilizes the $15,000. homestead exemption, and will change as the $20,000. homestead exemption is implemented in 1981, and the $25,000. exemp- tion is implemented in 1982. Additionally; final determination of the district boundaries will affect the district tax base to some extent. In the past, Indian River County „as.created street lighting districts using the municipal service taxing unit vehicle. In that manner payment for street lights is based upon a ad valorem tax levied against taxable property within the unit. As an alternative to that approach, the Board may wish to consider utilization of a front Toot assessment charge, on an annual basis for street lighting, under the special assessment ordinance which the Board will consider on August 5, 1981. ATTORNEY J. BLAYNE JENNINGS EXPLAINED TO THOSE PRESENT THAT BOTH FLORIDA POWER & LIGHT AND THE CITY OF VERO BEACH HAVE FRANCHISES IN GIFFORD AND WOULD SERVE A PORTION OF THE PROPOSED DISTRICT AND, THEREFORE, IT WAS NECESSARY TO OBTAIN FIGURES FROM BOTH OF THEM FOR THE PROPOSED SERVICE. IT WAS FELT THE FIGURE FROM THE CITY OF SERO BEACH OF $32,616, WHICH WAS BASED ON 215 LIGHTS OF 9600 LUMEN AND 73 ADDITIONAL 16000 LUMEN LIGHTS, WAS A BIT HIGH. THEY, THEREFORE, REQUESTED THAT THE CITY CUT THIS PROPOSAL DOWN TO PROVIDE JUST A BASIC LIGHTING STRUCTURE TO START, AND ASKED THAT THEY ESTIMATE BASED ON 5$00 LUMEN INSTEAD OF 9600 LUMEN FOR RESIDENTIAL. IN THE -HIGHLY TRAVELED AREAS SUCH AS NORTH & SOUTH GIFFORD ROAD, THEY WOULD HAVE THE BRIGHTER 9600 LUMEN. MR. JENNINGS REPORTED THAT HE NOW HAS RECEIVED A REDUCED PROPOSAL FROM THE CITY OF VERO BEACH AS FOLLOWS: ELECTRICAL ENGINEERING DEPT. City of Vero Beach 1033 - 201h PLACE VERO BEACH, FLORIDA - 32910 Telephone 369-0133 367.3131 P.O. Box 1389 July 29, 1981 Mr. J. Blayne Jennings, Esquire 2871 45th Street Gifford, Florida 32960 Subject: Gifford Street Lighting District Enclosure: (1) Revised Gifford Street Lighting Plan (Two (2) copies Dear Mr. Jennings, Enclosed are two copies of the Gifford Street Lighting Plans revised in accordance with your request at our meeting last week. We have reduced the quantity of lights from 289 to 184 and the intensity from 9600 lumen to 5800 lumen and 16000 lumen to 9600 lumen respectively. I wish to reiterate that our original recommended illumination levels were based upon illuminating Engineering Society publications for residential roadway lighting. Monthly rates for the proposed facilitlas before adjustments are: 5800 lumen high pressure sodium $6.05 9600 lumen high pressure sodium 6.65 Wood pole for lighting only -1.65 The above rates shall be adjusted to include the 10% outside City energy surcharge and a fuel adjustment charge. For budget purposes, we estimate the monthly fuel adjustment charge to average $40.00/1000 KWH for the coming fiscal year. This charge will vary monthly in accordance with the cost of fuel for power generation. Based on the charges outlined above, the estimated charge per light is as follows: Base Monthly Rate OCL Surcharge Estimated Fuel Adjustment Charge TOTAL COST PER LIGHT AUG 5 1981 3 5800 Lumen $6.05 .10 1.40 $7.55 ea./mo 9600 Lumen $6.64 .16 2.16 $8.96 ea./mo. P-0'0� 4 7 PAGE 173 AUG 51981 The following amounts should be budgeted for the coming fiscal year: 141 - 5800 lumen lights at $7.55/mo. $1,064.55/mo. _ $12,744.60/yr. 43 - 9600 lumen lights at $8.96/mo. - 385.28/mo. = 4,623.36/yr. 9 - wood poles at $1.65/mo. = 14.85/mo. = 178.20/yr. TOTAL ESTIMATED COST $1,464.68/mo. $17,576.16/yr. if this plan is accepted, we will enter into a formal street lighting agreement. If you require further information, please contact this Department. Very truly yours, Frank H. Call Manager, Electrical Engineering ATTORNEY JENNINGS DESCRIBED THE APPROXIMATE BOUNDARIES OF THE PROPOSED DISTRICT AND REPORTED THAT THE PROPERTY APPRAISER WOULD SUPPLY INFORMATION ABOUT THE APPROXIMATE COST. IN REGARD TO THOSE WHO' MIGHT NOT HAVE TO PAY ANYTHING BECAUSE OF HOMESTEAD EXEMPTIONS, HE NOTED THAT PROPERTY APPRAISER NOLTE HAD STATED THAT IT IS POSSIBLE TO HAVE A PER PARCEL PAYMENT WHICH WOULD MEAN THAT EVERYONE WOULD PAY FOR THE LIGHTS, REGARDLESS OF ANY EXEMPTION. MR. JENNINGS .FELT THIS WOULD BE THE FAIREST WAY INSTEAD OF HAVING A SMALL GROUP OF PEOPLE PAYING ALL THE TAXES TO HAVE THE LIGHTS. A LADY IN THE AUDIENCE INQUIRED IF THE LANDOWNER WOULD HAVE TO PAY IF THEY WERE LIVING IN NEW YORK, FOR INSTANCE, AND IT WAS EXPLAINED THAT ALL LAND OWNERS WHEREVER LOCATED WOULD BE ASSESSED BY THE PARCEL. HEARD. THE CHAIRMAN ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE MR. RICHARDSON OF GIFFORD ASKED WHY THEY ARE TALKING ABOUT CUTTING OUT HOMESTEAD EXEMPTIONS AND THEN HAVING PAY MORE TAXES WHEN THEY ARE ALREADY PAYING TAXES. ATTORNEY .JENNINGS EXPLAINED THAT GIFFORD IS AN UNINCORPORATED AREA, AND THE COUNTY HAS NO RESPONSIBILITY TO PROVIDE ANY MUNICIPAL SERVICES; S0, IF THE GIFFORD COMMUNITY WANTS LIGHTS, THEY HAVE TO PAY FOR THEM, AND IT IS FAIREST TO TAX EVERYONE THE SMALL AMOUNT IT WILL COST TO PAY FOR THESE LIGHTS. COMMISSIONER FLETCHER FURTHER EXPLAINED THAT NO ONE WOULD ACTUALLY LOSE THEIR EXEMPTION. THE EXEMPTIONS WOULD JUST BE DIS- REGARDED BY TAXING ON A PER PARCEL BASIS SO THAT EVERYONE WOULD SHARE IN PAYING FOR THE LIGHTS. HE FELT THAT A DOLLAR A MONTH WOULD BE A HIGH FIGURE PER PARCEL OWNER, AND AS THE TAX BASE INCREASES IT WOULD BE REDUCED. COMMISSIONER FLETCHER NOTED THAT THERE ARE OTHER TAXING DISTRICTS IN THE COUNTY, I.E., ROCKRIDGE AND LAURELWOOD STREET LIGHTING DISTRICTS. A LADY FROM 31ST AVENUE, GIFFORD, INFORMED THE BOARD THAT SHE IS IN THE LIGHTING AREA SERVED BY THE CITY OF SERO BEACH AND EVERYBODY IN HER PARTICULAR LOCATION SIGNED UP AND PAYS $5.00 A MONTH FOR THEIR LIGHTS. SHE NOTED THAT SHE HAD A LIGHT PUT UP IN HER YARD JUST RECENTLY AND PAYS FOR IT BY THE YEAR. ATTORNEY JENNINGS EXPLAINED THAT THE COMMITTEE WHICH WAS SET UP TO STUDY THIS HAVE PLANNED WHERE THE PROPOSED LIGHTS WILL BE AND TRIED TO BALANCE THEM TO HAVE THE WHOLE STREET WELL LIGHTED; SO THAT HOPEFULLY, ALL THOSE PEOPLE NOW PAYING FOR LIGHTS INDIVIDUALLY WOULD NOT FIND IT NECESSARY TO PAY FOR INDIVIDUAL LIGHTS IN THE FUTURE. COMMISSIONER BIRD POINTED OUT THAT IF AN INDIVIDUAL WISHED A PARTICULAR LIGHT TO REMAIN THERE, THEY COULD CONTINUE PAYING FOR IT. MR. HUNTER OF 38TH AVENUE STATED THAT HE HAS A LIGHT AND HAS BEEN PAYING FO -R IT HIMSELF SINCE 1974 AND HE DID NOT WANT IT MOVED. ATTORNEY JENNINGS NOTED THAT THEY DO HAVE A PLAN FOR 39TH AVENUE AND FEEL THAT IT WILL BE LIGHTED RATHER WELL. VICTOR HART WISHED IT EMPHASIZED TO THE PEOPLE PRESENT WHO ALREADY HAVE THEIR OWN LIGHTS, THAT THIS DOES NOT EXEMPT THEM FROM PAYING THE ADDITIONAL TAX. ATTORNEY JENNINGS AGAIN EXPLAINED THAT THE INTENT OF THE PROPOSED DISTRICT IS TO IMPOSE A TAX FOR STREET LIGHTS IN GIFFORD AND TO HAVE EVERYONE PAY FOR THEM. THERE ARE LIGHTS NOW EXISTING THAT INDIVIDUALS ARE PAYING FOR THEMSELVES. IN THE TAXING DISTRICT, IT IS PROPOSED TO DO AWAY WITH ALL THOSE LIGHTS. ANYONE WHO STILL WANTED Q U G -5 1981 5 f r+S 47 FF1l1C i BOOS ° ° P4,,F 6 A PRIVATE LIGHT WOULD HAVE TO MAKE THAT KNOWN, AND THEY WOULD HAVE TO PAY FOR THAT LIGHT IN ADDITION TO SHARING THE PRICE FOR ALL THE OTHER LIGHTS. A LADY POSED THE QUESTION AS TO WHAT WOULD HAPPEN IF SOMEONE WHO WAS PAYING FOR A PRIVATE LIGHT DID NOT FEEL THEY WANTED TO PAY FOR THE OTHER LIGHTING AND DID NOT. ATTORNEY JENNINGS NOTED THAT IN THE FIRST PLACE, ALL THE LIGHTS THAT ARE NOT IN THE PLAN ARE COMING OUT, AND IN ORDER TO GET A PARTICULAR LIGHT BACK, AN INDIVIDUAL WOULD HAVE TO ORDER IT AND PAY FOR IT. IF THAT PERSON DID NOT PAY HIS ASSESSMENT, THEN THE DISTRICT COULD LEVY ON HIS PROPERTY. ATTORNEY JENNINGS NOTED THAT THE LIGHTS TO BE INSTALLED ARE MUCH BRIGHTER SODIUM LIGHTS. PROPERTY APPRAISER NOLTE CAME BEFORE THE BOARD TO EXPLAIN HOW THEY CAME UP WITH AN AVERAGE PRICE PER ACRE. HE PRESENTED A MAP OF THE AREA NOTING THERE IS ONE DIFFERENCE IN THE DESCRIPTION PREVIOUSLY DISCUSSED, THIS BEING A STRAIGHT LINE ON THE OTHER SIDE OF U.S. 1. MR. NOLTE REPORTED THAT, FIGURING A TOTAL OF 2,672 TAXABLE UNITS (ACRES OR A FRACTION THEREOF), IT WOULD WORK OUT SOMEWHERE AROUND $9.00 A YEAR PER ACRE OR FRACTION THEREOF. THE MINIMUM TAX IS NOT LESS THAN THE ONE ACRE RATE; S0, IF YOU HAVE 1/3 OF AN ACRE, YOU STILL PAY $9.00 A YEAR. TEN ACRES WOULD BE $90.00. WHATEVER DOLLARS ARE FINALLY DECIDED ON, THIS AMOUNT WILL BE DIVIDED BY THE NUMBER OF TAXABLE UNITS. COMMISSIONER WODTKE POINTED OUT THAT YOU CAN ONLY BUDGET FOR EXPENDITURE PURPOSES 95% OF THE ANTICIPATED REVENUE, AND THERE ARE OTHER COSTS THAT WILL BE INVOLVED WITH THE TAXING DISTRICT - ADVERTISEMENTS, LEGAL FEES, ETC. IN ADDITION, YOU HAVE TO BUILD UP A LITTLE CUSHION SO THAT YOU HAVE A CASH CARRY FORWARD AT THE END OF THE YEAR TO PROVIDE FUNDS TO WORK WITH UNTIL THE MONEY STARTS COMING IN FROM PEOPLE PAYING THEIR TAX BILLS. DISCUSSION CONTINUED AS TO WHAT AMOUNT SHOULD BE LEVIED IN ORDER TO PROVIDE THE NECESSARY CUSHION, ETC., AND ATTORNEY .JENNINGS FELT SOMETHING EXTRA SHOULD BE ALLOWED BECAUSE THEY MIGHT WANT TO ADD SOME LIGHTS IN THE PLAYGROUND AREA OF THE PARK. HE DID NOT FEEL ANYONE WOULD QUARREL WITH AN EXTRA DOLLAR A MONTH IN ORDER TO HAVE STREET LIGHTS. FINANCE DIRECTOR NASON INFORMED THOSE PRESENT THAT THE NEW CITY RATE FOR INDIVIDUAL LIGHTS WILL BE $7.50 PER LIGHT PER MONTH; SO, THE DISTRICT WOULD BE CHEAPER. COMMISSIONER WODTKE ASKED THE PROPERTY APPRAISER IF THERE WOULD BE ANY PROBLEM IN GETTING THIS READY FOR THE COMING TAX BILLS, AND MR. NOLTE STATED THAT HE WOULD HAVE TO KNOW BY THE 20TH OF AUGUST BECAUSE HE HAS TO HAVE THE T.R.I.M. NOTICES PRINTED BY THE 27TH. DISCUSSION CONTINUED AS TO ASSESSING BY THE PARCEL METHOD, AND COMMISSIONER WODTKE EXPLAINED TO THOSE PRESENT THAT THE BILL FOR THIS DISTRICT WOULD COME WITH THEIR REGULAR TAX BILL ONCE A YEAR, AND THE DISTRICT -WOULD PREPARE A BUDGET EVERY YEAR. ATTORNEY JENNINGS BROUGHT UP AGAIN THE NEED FOR LIGHTS IN THE -COMMUNITY PARK, AND DISCUSSION CONTINUED RE A CAP PER PARCEL PER YEAR. A DOLLAR PER MONTH, OR $12.00 PER PARCEL PER YEAR WAS CONSIDERED, AND IT WAS NOTED THAT THIS WOULD RAISE ABOUT $32,000 WHICH WOULD PROVIDE A GOOD CUSHION. A GENTLEMAN IN THE AUDIENCE WISHED TO KNOW IF A CUSHION WAS BUILT UP IF THAT MONEY WOULD HAVE TO STAY IN THE LIGHTING DISTRICT, AND IT WAS EXPLAINED THAT THE MONEY DOES' HAVE TO STAY IN THE DISTRICT, BUT AS IT BUILT UP, YOU COULD ASSESS LESS THE NEXT YEAR OR ADD MORE LIGHTS IF DESIRED. MR. RICHARDSON INQUIRED IF THE PROPOSED DISTRICT COVERS THE HOSPITAL AND MEDICAL CLINIC:, AND WISHED TO KNOW WHEN THEY WILL KNOW THE PRICE FOR THE DISTRICT. HE WAS INFORMED THAT THE HOSPITAL AND MEDICAL CLINIC ARE NOT INCLUDED IN THE DISTRICT, AND THE PRICE FOR,THE DISTRICT WILL BE $12.00 PER ACRE OR ANY FRACTION OF AN ACRE PER YEAR. AUG 5198, 7 E�i?C�w 7 PACE 1 l t BOOK�9*404 _i PAGE MR. RICHARDSON ASKED IF THE ELECTRICAL COST WOULD GO UP AND IT WAS NOTED THAT THIS HAS NOTHING TO DO WITH THE ELECTRIC BILL. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER BIRD, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, TO ADOPT ORDINANCE 51-29 WITH THE ADDITION OF.A CAP OF $12.00 PER ACRE OR PART THEREOF PER YEAR AND SUBJECT TO THE ATTORNEY CHECKING OUT THE LEGAL DESCRIPTION TO BE SURE OF THE BOUNDARIES. COMMISSIONER BIRD INQUIRED HOW THE ADVISORY BOARD IS FORMED, AND ATTORNEY .JENNINGS STATED THAT IT ALREADY HAS BEEN FORMED - THEY HAD A PUBLIC MEETING AND MEMBERS OF PUBLIC ORGANIZATIONS VOLUNTEERED TO SERVE ON IT. IN FURTHER DISCUSSION IT WAS FELT A SIMPLE STATEMENT SHOULD BE ADDED THAT IMPLEMENTATION SHALL BE COORDINATED THROUGH PROPER REPRESENTATIVES OF THE DESIGNATED AREA. COMMISSIONER SCURLOCK AGREED TO AMEND HIS MOTION, AND COM- MISSIONER BIRD HIS SECOND, TO REFLECT THE LANGUAGE SUGGESTED BY COMMISSIONER WODTKE. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ORDINANCE NO. 81 - 29 AN ORDINANCE CREATING THE GIFFORD AREA MUNICIPAL TAXING UNIT; DEFINING THE BOUNDARIES OF SAID TAXING UNIT; AUTHORIZING THE LEVY BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, OF A TAX ON EACH TRACT OR PARCEL WITHIN SAID TAXING UNIT; PROVIDING FOR THE ADOPTION OF A BUDGET AND THE ASSESSMENT, LEVY AND COLLECTION OF SUCH TAXES WITHIN SAID TAXING UNIT; PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections 125.01 (1)(q) and (r), Florida Statutes, grant the board of county commissioners of a non -charter county the power to establish a municipal service taxing unit for any part or all of the unincorporated area of the county within which may be provided street lighting from funds derived from taxes within such unit only, NOW, THEREFORE, be it ordained by the Board of County Commissioners of Indian River County, Florida, as follows: ARTICLE I. A new Ordinance of the Code of Indian River County, Florida, is hereby adopted to read as follows: ARTICLE II. MUNICIPAL TAXING UNIT: There is hereby created the Gifford Area Municipal Service Taxing Unit under the authority of Section 125.01, Florida Statutes. The boundary of said municipal service taxing unit shall be as follows: The South 1/2 of Section 21; the South 1/2 -of Section 22; the Southwest 1/4 of Section 23; the North 1/2 of Section 28; the North 1/2 of Section 27; the Northwest 1/4 of Section 26; including Tract 12 and the West 1/2 of Tract 11 and the Northwest 1/4 of Tract 14 of Section 27; including Tracts 9, 10, 11 and 12 of Section 28; including that portion of the Southwest 1/4 of the Northeast 1/4 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. ARTICLE III. Determina'ion of Cost of Service: The municipal service taxing unit is created for the purpose of providing street lighting within the boundary of the unit. The Board of County Commissioners of Indian River County, Florida, shall determine each year the estimated cost of providing street lighting, including capital and equipment improvements, rentals and acquisitions and operating and maintenance costs and expenses, for the ensuing county fiscal year for that area which is or shall be J receiving street lighting service within the boundary of the unit. AUG 191 PAcE179 J -` BOOK uGG iso ARTICLE IV. Levy of Taxes; Adoption of Budget: The Board of County Commissioners of Indian River County, Florida, hereby authorizes the levy of a tax upon each tract or parcel, subject to.taxation, for that area which is or shall be receiving street lighting service within the Municipal Service Taxing'Unit created under the provisions of this Ordinance. The tax shall be equal and uniform under each acre of land assessed and the minimum tax shall be not less than the one acre rate. The one acre rate shall not exceed $12.00. The tax shall be levied and a budget prepared and adopted by the Board at the same time and in the same manner as the Board prepares and adopts its county annual budget and levies taxes as provided by law. Said taxes shall be assessed, levied, collected, remitted to and accounted for at the time and in the manner as the assessment, levy, collection, remittance and accountability of taxes by the Board as provided by law. The budget shall contain all or such portion of the estimated cost of providing street lighting within the boundaries of the unit, determined under the provisions of Article III of this Ordinance, as the Board shall determine to be necessary to provide such services. Such determination shall be coordinated with property owners from within the taxing unit. ARTICLE V. Disposition of Proceeds from Levy of Taxes for Street Lighting: Those funds obtained from the levy of a tax on each tract or parcel within the boundary of the unit shall be maintained in a separate account and used solely for the purpose of providing street lighting within the boundary of the unit only. ARTICLE VI. This Ordinance shall become effective immediately upon adoption and filing as provided by law. DONE AND ADOPTED in regular session this 5th day of August, 1981. This Ordinance shall take effect August 10, 1981. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 9:24 O'CLOCK P.M. ATTEST: CLERK CH IRM N AUG 5 191 aocK 47 FVF18i 11