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INDIAN RIVER COUNTY ORDINANCE NO, 72-1
INDIAN Ii1VEM COUNTY ORDINANCE No. ' AMENDING
INDIAN RIVER COUNTY ORDINANCE NO, 71-3
13E IT WDAINEj) by the 130ard of Counl.y Cornrnissioner of
Indian River Caunl.y that Indian River County Ordinance No. 71 - 3 is
hereby ainended as follow,3:
Section 26, Board of Adjustment -
(1) Add new paragraph (4) to read as follows:
"The Board of Adjustment may grant a variance to
complete any project to any applicant who had received
zoning approval prior to September 8, 1971 for a pro-
ject which was legal before the adoption of this ordinance
but not legal after the adoption of this ordinance, regard-
less of acreage requirements of this ordinance. "
(2) Renumber old paragraph 4 to paragraph 5.
(3) Delete Paragraph 5.
(4) Add new paragraph 5 to read as follows:
"(5) Notice: Notice will be given by the County
Administrator by using the address of said owner
on the last tax roll, to the owners of all land next
to land upon which a variance is sought in Vritilig
at least seven days prior to the hearing at which
the Board of Adjustrlent shall hear the request.
The notice will contain the name of the applicant
for a variance, a description of the land sufficient
to identify, the variance requested and the date,
time and place of the hearing.
All sections that contain Special Exception paragraphs:
All Special Exception paragraphs shall read as follows:
"The following uses may be permitted by the County
Zoning Commission after site plan approval according
to Section 23.
Section 23 - Site Plan Approval:
(A) (c) Add at end of paragraph "at least 10 days before
the meeting at which the Zoning Commission confiders
the application. '
Section 25 (Q) (3) At tiie end of paragraph "issued by the
County Acirninistrator. "
This Ordinance shall take effect inunedi:Ltcl.y.
INDIAN RIVER COUNTY ORDINANCE NO. 72-2
An Ordinance to be entitled:
An Ordinance relating to a special purpose district
to be known as "The Rock Ridge Subdivision Street
Lighting District"; fixing and prescribing its territorial
boundaries; providing for its government, jurisdiction,
powers, purposes and privileges; designating the Board
of County Commissioners of Indian River County as the
governing body of the district; providing for the adoption
of an annual budget; providing for special assessments
to fund the district; providing for the approval of this
ordinance by referendum election of the qualified electors
residing in the district and providing an effective date,
WHEREAS, the residents of the bock Ridge Subdivisions
have petitioned the Board of County Commissioners of Indian River
County to establish a "Street Lighting District", and
WHEREAS, the Board of County Commissioners has found
there is a need for street lights in the Rock Ridge Subdivisions,
13E IT ORDAINED by the Board of County Cominissioners
of Indian River County:
SECTION I - CREATION: There is hereby created a special
purpose district to be known as "The Rock Ridge Subdivision Street
Lighting District:.
SECTION 2 - GOUNDARIES: The district shall include all that
portion of Indian River County, h'lorida, outside the boundaries of
any incorporated municipality as follows:
_8-
lar
Roel: Midge Subdivision Unit No. 1, flat hook 4.
Page 23
Rock Midge SUbdiViSioll RephAt Unit No. 2, Plat Book 4, Page 50
Rock Ridge Subdivision Unit No. 3, Plat Book 4,
Page 64
Rock Ridge Subdivision Unit No. 4, Plat Boole 5,
Page 7
Rock liidge Subdivision Unit No. 5, flat Book 5,
Page 2
Rock Ridge Subdivision Unit No. 6, flat Boole 5,
Page 67
Rock Ridge Subdivision Unit No. 7, Plat Book 5,
Page 81
Rock Ridge Subdivision Unit No. 8, Plat Rook 6,
Page 53
Rock Ridge Subdivision Unit No. 0, Plat Book 6,
Page 23
as shown in the Public Records of Indian River County, Florida
SECTION 3 - PURPOSE: This district is created,
if approved at
referendum election, for the purpose of providing adequate
street
lighting for the residents of the district.
SECTION 4 BOARD OF SUPERVISORS:
A. ORGANIZATION:
The business affairs of the district shall be conducted and
administered by the Board of County Commissioners acting as the
Board of Supervisors of the District. It shall be the duty of the Board
of Supervisors to carry out the purpose and intent of this Ordinance as
provided herein. The officers of the Board of County Commissioners
shall act as officers of the Board of Supervisors and shall receive no
additional compensation for their services as such except expenses
which shall be paid from the funds of the district.
B. MEETINTG5:
The Board of Supervisors shall convene at least once
annually and in other sessions when called by the Chairman of the Board
or by a majority of the Supervisors of the Board; provided further that
no special meeting of said Board shall.be held until after public
announcement is given forty-eight (48) lrours prior to the special
meeting unless it is Clete rminecl that an emergency exists and that four
(4) members of said board are present at the special meeting or have
riled with i.hc presiding officer of the Board a written concurrence
to the convening of such special meeting for the purposes set forth in
the writte)) concurrence. Tit; rcduirccl I,ul,li(• announcement shall I,c
deemed to lici\c been made when the radio Stations and newspapers
located in Indian Ilivcr Comity have been notified ol, the proposed
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special meeting. All mcct.ings, whether annual or special, of the
hoard of Sul>crvisors S11a11 be open to the public and shall be held
within the. District or at the Indian ltiver County Courthouse. Four
(4) of the Supervisors shall constitute a quorum and an affirmative
vote of at least three (3) of the Supervisors shall be necessary to the
transaction of any business of the District. The Supervisors shall
cause true and accurate minutes and records to be kept of all
business transacted by them and shall keep full and true complete
books of accounts and minutes which minutes, records, and books
of accounts shall at all reasonable times be open subject to the
inspection of the inhabitants of the District and any person desiring
to do so, may make or procure copies of the minutes, records or
books of accounts or such portion thereof as he may desire.
C. FINA10ES:
The Board of Supervisors shall. designate a bank or
other depository qualified as a state depository to receive and be
custodian of all moneys received by the Board. The funds of the
District shall be paid out only upon ,N -arrant signed by the Chairman
and Vice -Chairman. No warrants .shall be drawn or issued against
funds of the District except for a purpose authorized by this Ordinance
and no such warrant shall be drawn until after the account or expenditure
has been ordered and approved by the Board of Supervisors in a
regularly held meeting.
D. EXPENSES:
The Supervisors under this Ordinance shall be paid ten
cents (10y) per mile for authorized travel and shall be reimbursed for
a].1 other authorized expenses incurred in connection with the transaction
of the business of the DiSt.rict. 'I'hc; Sulwiwisor•s are authtwized to pay
from the funds of the Mstrict all expenses of the organization (if s;cid
Board and ;ill i)ct:rrcd \pith the forniati.on of the
District and all ntbcr aacl uc.. sti;u y c �pcnscs, including
the fees ;urd cNpcnscs of my attorney in the ti,. (.Lion of llle
business of the UistriOt and in carrying out and accomplishing the
purposes of this (>rdinance.
L. POWERS:
The Board of Supervisors shall have all the powers of
the body corporate including the power to contract and be contracted
with, to adopt and use a common seal, and to alter the same at
pleasure; to acquire, purchase, hold, lease and convey real and
personal property as they may deem proper and expedient to carry
out the purposes of this Ordinance; the power to sue and be sued; to
employ agents and employees as they deem advisable; to adopt rules
and regulations for its own government and to implement, interpret or
make specific any authority or power duly granted by this Ordinance, to
borrow funds, for a period not to exceed one (1) year at an interest
rate not to exceed eight per cent (8%) necessary to carry out the
purposes of the Ordinance in all amount not to exceed eighty per cent
(80%) of the total annual revenues of the year when such borrowing is
done. No sums shall be borrowed in a subsequent year unless all
moneys borrowed in preceeding years shall have been paid, including
interest; to receive and accept from any SOur•ce, grants -ill-aids or
property, labor or other things for carrying out the purposes of this
Ordinance; to have the duty, right, power and authority to levy
special assessments for benefits against all assessable property
within its territorial bounds in order to provide funds for the purposes
of a district, which said as essnrents may be equally allocated among
tine platted lots within the District, but shall exclude those lands
specifically c.\cllldcd in Para,,,raph G of this Ordinance; the special
assessment for I)istric•t purposes Shall nmt cseeed three mills
per dolial. of the %;lluc assessed; to pill -Chase p;oocls, Supplies and
nlaterizik for the usc of Ibe llisll'iCt ill out the purpoSOS
of this \111hollL ad\'crti.-;llll( [Ilii' notice ol• C(llllllp;
fol. bid:, 11 the tuuount to be p, lid therefor doc.x not e%cced Vire
UAW
Hundred Uullars ($500.00), otherwise, the applicable Bid Statutes
of the State of Florida will be complied with; and to do any other thing
deemed necessary by the S.ipervisors to carry out the purposes and
intent of this Ordinance. The Board of Supervisors may adopt such
rules and regulations not inconsistent with any portion of this ordinance,
as it may deem necessary in and about the transaction of its business
and in carrying out the provisions of this ordinance.
F. BUDGET:
The Indian River County Taff Assessor shall furnish the
District Supervisors with a tax roll covering all taxable properties
in the District and specifying the assessed value thereof. In June of
each year, the Board of Supervisors shall meet after notice by publica-
tion to the public, and, at a public hearing, shall adopt by resolution,
a budget determining the improvements to be made and the estimated
amounts to be expended for the next fiscal year in the District.
G. SPECIAL ASSESSNIENT LEVY:
The resolution passed in accordance with Paragraph P will be
included in the minutes of the I3oard of County Commissioners at the
first meeting after submission. The Board of County Commissioners
shall budget the funds requested and the County Tax Assessor shall
then include the assessments thus made in the Indian River County
Tax Roll, and the same shall be collected in the manner and form as is
provided for the collection of county ad valorem taxes, and paid over
by the County Tax Collector, to the Board of Supervisors of the district
monthly, and the County Tax Assessor and County Tax Collector shall
each receive compensation for their services regarding such special
assessments for lighting benefits of one and one-half percent (1-1/2gi,).
T'urther, the services of the Tax Assessor and Tax Collector under
this ordinance are hereby declared to be special services performed
directly for a certain special. lighting district and any payment thcrc-
for shall not be considered a ])c11 -t of the f;encral income of o-cuch
official's office. The paymont of per:;onnel rcquired to do ;special work
r:hnil he m:cd old of the nnc and one-half per cont herein
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provided, The special assessnuntls provided for herein, shall he a lien
upon the lands so assessed along; with the County taxes assessed against
the same until said assessments and taxes havebeen paid, and, if same
become delinquent, shall bo considered a part of the County tax, subject
to the same penalties, charges, fees and remedies for enforcement and
collection as provided by the laws of the State of Florida for the collection
Of such taxes.
The following lands are exempted from the provisions of
this Ordinance for purposes of assessments:
(a) Those parts of any platted and recorded subdivision
which lie within the corporate limits of any municipality
in Indian River County.
(b) All lands owned and operated under the jurisdiction
of any community association.
(c) All lands within the district owned by any church or
Church denomination that is used for the holding of church
services.
(d) All lands owned and occupied by buildings owned and
operated by the Indian River County Board of Public
Instruction for the purposes of operating a school for the
education of the citizens of Indian liver County.
SECTION 5 - REFERENDUM:
A. This Ordinance shall be submitted to the qualified electors
residing within the boundaries of the proposed district for adoption
or rejection at an election to be called by the Board of County
Commissioners. Only those persons who are residents of the proposed
district and who are qualified voters shall be entitled to vote in said
election. Notice of said election shall be published once a week for
four (4) consecutive weeks in a newspaper of general circulation within
Indian li-ver County, which notice shall generally describe the purpose of
the election and the area sought to be constituted a special purpose district,
and the time, place and date of said elccti.on. Said election shall be
conducted in the s:cmc manner .uul under the scurne laws, rules and
ret ululiun:; :(„ those uculet• primary elections are held. It shall
1W WC duly of the Lio:trd of C'nunty Commissioners to pru\,idc the necessary
hallots fou• v o; iu" \ utinl n ;,cl�inr^:, N utinl* l'd:iru•s, iuspcctot•s, cict•ks, and
dertltv sh ritl:: fur iL. h.>a�li�i < of :;tic1. el( tioa.
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B. The ballot used in the referendum election shall show
the following:
OFFICIAL BALLOT
This is a special election on the question of the adoption
or rejection of a proposed County Ordinance creating a special
purpose district to be known as "The Rock Ridge Street Lighting
District".
"FOR" adoption of a proposed County Ordinance
creating a special purpose district to be known as
"The Rock Ridge Street Lighting District", which
authorizes the lev of a special assessment not
exceeding three (3� mills per annum per dollar on
all taxable real property in the District for the
purposes of providing street lighting to the
residents of the District.
"AGAINST" adoption of a proposed County Ordinance
creating a special purpose district to be known as
"The Rock Ridge Street Lighting District", which
authorizes the levy of a special assessment not
exceeding three (3) mills per annum per dollar on
all taxable real property in the District for the
purposes of providing street lighting to the
residents of the District.
C. If this Ordinance is accepted and ratified by the majority
of those qualified electors voting in the referendum election, it shall be
in full force and effect and the Board of County Commissioners shall declare
said special lighting district to be legally established but, if a majority
of thou qualified electors voting in the referendum election, vote against
the adoption of this Ordinance, it shall be null and void and of no force.
The results of the referendum shall be certified to the Board of County
Commissioners, the Circuit Court and to the Department of State.
SECTION 6 - SAVINGS CLAUSE:
It is the intent of the Board of County Commissioners that if
any clause, section or provision of this Ordinance is declared to be
unconstitutional or invalid for any cause or reason, this Ordinance
would have been passed by the Board without such clause, section, or
provision and the same shall be eliminted for this Ordinance. The
renMining portion of the Ordinance shall be in fore.e and effect and he
as valid as if such invalid portion thereof had not been incorporated
therein.
SECTION 7 - REPEALS:
All special laws or parts thereof, which are inconsistent with
any of the provisions of this Ordinance are hereby repealed to the
extent of such inconsistency.
SECTION 8 - EFFECTIVE DATE:
This Ordinance shall take effect immediately upon it becoming
a law.
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