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HomeMy WebLinkAbout1978-43ORDINANCE NO. 78-43 AN ORDINANCE CREATING THE INDIAN RIVER COUNTY FIRE PROTECTION MUNICIPAL SERVICE TAXING UNIT, DEFINING THE BOUNDARIES OF SAID TAXING UNIT TO INCLUDE THE UNINCORPORATED PORTIONS OF INDIAN RIVER COUNTY, AUTHORIZING THE LEVY BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA OF A TAX NOT TO EXCEED THREE (3) MILLS ON ALL THE REAL AND TANGIBLE TAXABLE PROPERTY WITHIN SAID TAXING UNIT, PROVIDING FOR THE BUDGET AND ASSESSMENT, LEVY AND COLLECTION OF SUCH TAXES WITHIN SAID TAXING UNIT, PROVIDING FOR INTERLOCAL AGREEMENTS WITH MUNICIPALITIES, PROVIDING AN EFFECTIVE DATE. WHEREASrFlorida Statute Section 125.01 (1) (q) establishes the power of a non -charter County to levy ad valorem taxes within the Constitutional limits fixed for municipal purposes within a municipal service taxing unit established on properties lying within the unincorporated areas of indian River County, Florida; and WHEREAS, Section 125.01 (1) (q) Florida Statutes grants the Board of County Commissioners of a non -charter County, the power to establish a municipal taxing pnit for any part or all of the unincorporated area of the County within which may be provided fire protection 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: Section 1. A new Ordinance of the Code of Ordinances for Indian River County, Florida, to be designated as Chapter 21 Article IX, is hereby adopted to read as follows: ARTICLE IX Section 21-85. Fire Protection Taxing Unit: There is hereby created an Indian River County Fire Protection Municipal Service Taxing Unit under the authority of Section 125.01, Florida Statutes. The boundaries of Indian River County Fire Protection Municipal Service Taxing Unit shall be coterminious with.all of the unincorporated areas existing on January 1, 1978 and on the lst day of January of each year thereafter within the boundaries of Indian River County, Florida. STATE OF FLORIDA INDIAN RIVER COUNTY THIS 15 TO CERTIFY THAT THIS 15 A TRUE AND CORRECT COPY OF THE ORIGINAL 0nj FILE IN 1'1115 OFFICE. FREDA WRiGNT, CLERK BY D.C. DATEi_ _ -.51-2 0 u L ks Section 21-86. Determination of Cost of Service. Said Municipal Service Taxing Unit is created for the purpose of providing fire protection within the boundaries of said Unit. The Board of County Commissioners of Indian River County, Florida, shall determine each year the cost of providing fire protection, including capital and equipment improvements, rentals and acquisitions and operating and maintenance costs and expenses, for the ensuing County fiscal year within the boundaries of said Unit. Section 21-87. Levy of Taxes, Adoption of Budget. The Board of County Commissioners of Indian River County, Florida, hereby authorizes the levy of a tax not to exceed three (3) mills on all the real and tangible property within said Indian River County Fire Protection Municipal Service Taxing Unit created under the provisions -of this Ordinance for the purpose of providing fire protection within the boundaries of said Unit. Said 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 assessments, levies, collections, remittance and accountability of taxes by said Board as provided by law. Said budget shall contain all or such portion of the estimated cost of providing fire protection within the boundaries of such Unit, determined under the provisions of Section 21-86 of this Ordinance, as said Board shall determine to be necessary to provide such services. Section 21-88. Disposition of Proceeds from Levy of Taxes for Fire Protection. Those funds obtained from the levy of a tax on all real and tangible property within the boundaries of said Unit shall be maintained in a separate account and used solely for the purpose of providing fire protection within the boundaries of such Unit only. mm Section 21-89. Authority for Interlocal Agreements. The Board of County Commissioners of Indian River County, Florida, as the governing body of said -Unit, may enter into interlocal agreement, under the provisions of Section 163.01, Florida Statutes, with any municipality, special district or other governmental unit located within Indian River County, Florida, for the purpose of providing fire protection_ within such municipality, special district or other governmental unit or for the purpose of providing mutual aid arrangements with such governmental entities.. Section 21-90. This Ordinance shall become effective immediately upon its adoption and filing as provided by law. DONE AND ADOPTED in regular session this ZD h day of December , 1978. This Ordinance shall take effect Dec.11 ember 26, 1978.