HomeMy WebLinkAbout1976-08ORDINANCE NO. 76 - 8
AN ORDINANCE CREATING THE LAURELWOOD SUBDIVISION
STREET LIGHTING MUDICIPAL SERVICE TAXING UNIT:
DEFINING THE BOUNDARIES OF SAID TAXING U14IT:
AUTHORIZING THE LEVY BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
OF A TAX NOT TO EXCEED TWO (2) MILLS ON ALL THE
REAL AND TAXABLE PROPERTY 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, Chapter 75-63, Laws of Florida, 1975,
clarifies the power of a non -charter county to levy ad valorem
taxes within the constitutional limits fixed for municipal pur-
poses within a municipal service taxing unit created under
Section 125.01 (1)(q), Florida Statutes; and
T,JHEREAS, Section 125.01 (1)(q), Florida Statutes,
grants 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 1. A new Ordinance of the Code of Indian
River County, Florida, is hereby adopted to read as follows:
ARTICLE 11. STREET LIGHTING MUNICIPAL SERVICE TAXING
UNIT: There is hereby created the Laurelwood Subdivision Street
Lighting 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:
Che! 'lest 10, 3'4 •acres of 2rnet 3, and all of Tract 6,
exeunt the :youth 10 acres of the Last 20 arses of ^aid
Tract 16 ,Section 11 Pmmshi,? 33 :,outh, i;nn^;e 39' East,
ncrordin- to the Inot r'e ncral plat of land:,, of the
Indi.-in ;liver. Parms Comnimn filed in the office of the
Clerlt of the Circuit court of :A. Lucie ;ounty, Florida,
in Mat nook 2, M -a 25; said land now lvin-: aril beim;
in l.ndian H.iver County, Florida.
AND
PARCEL ONE The N 1/2 of 'west 20,49 acres of Tract 5, Section 14,
Township 33 South, Range 39 East, according to the last
general plat of lands of the Indian River farms Company
filed in the office of the Clerk of the Circuit Court
of St. Lucie County, Florida, in Plat Book 2,page 25;
said land now lying and being in Indian River County,
Florida,.
LESS AND EXCEPT property as described in deed to the
State of Florida for the use and benefit of the State
Road Department of Florida recorded in Official Record
Book 300 at -page 290 described as follows, to wit:_
PARCEL -NO. 128 SECTION 88570-2601
The west 40 feet of the North 1/2 of the
West 20,49 acres of Tract 5; Indian River
.Farms'Company .according to the Plat as recorded
in Plat Book 2, page,251 of the Public Records of
St. Lucie County, Florida, in Section 14, Township
33 South, Range 39 East, Indian River County,
Being that part of the above described parcel of
land, which lies within 40 feet of toc Wnst lige of
Paid Section 14, lontaining 0.23 of an acre, more
or less, ,
PARCEL TWO All the West 10 acres of Tract 4 (except the North
802.20 feet thereof) of Section 14, Township 33 South,
Range 39 East, according to the last general plat of
Indian River Farms Company filed in the office of the
Clerk of the Circuit Court of St. Lucie County,Floridn
in Plnt-Book 2, parte 25; said land now lying and being
in Indian River County, Florida,
LESS AND EXCEPT property as described in deed to the
State of Florida for the use and benefit of the State
Road Department of Florida recorded in Official Record
Book 300 at page 290 described as follows, to wit:_
The west 40 feet of the west 10 acres, less the
North 832,20 feet of Tract 4, of said Indian River
Farms Company;in said Section 14, being that part
of the above described parcel of land which lies
within 40 fcot of the West line or said Section 14,
containing 0.17 of an acre, more or less.
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Asa.
AND
PARCEL TIIREE The Fast 20 acres Of Tract 5,
South, Range 39 East Section 14, Township 33
plat of lands of the,according
to tile last general
filed in the office of the River Farms Company as
Of St. Lucie Clerk of the Circuit. Court
County, Florida, in plat Book 2, page 25
LESS
AND EXCEPT the following described property,
to 1• From the SW corner of Tract 5, aforesnid, run
East along Tract line a distance of 830.11 feet
to point of beginning, thence continue East on
Tract If Of
a•distance of 70 feet. thence on a
deflection angle of 90o 10! to the left a
distance of 170 feet, thence lVest and parallel
to the South line of Tract 5, a distance of 70
feet, thence South 170 feet to the point of
beginning.
From the SIV corner of Tract 5, aforesaid run f
_East along Tract line a'distance of 900.11 feet
to point of beginning, thence continue East feet
Tract•line a distance of 70 feet, thence ou a
on
deflection angle of 900 10 to the lence
distance of 170 feet, thence {Vest and parallel
to the South li17e'Of Tract 5, a distance of 70
beginning.
South 170 feet to the.._point of
3. _ From the SIV corner of Tract 5, aforesaid, run
East along Tract line a distance of 1040.11 feet
to,point of beginning, thence continue East on
Tract line a distance of 130 feet, thence on a -
deflection angle of 90o 10' to the left a dis-
tance of 170 feet, thence West and parallel to
the South line of Tract 5, a distance of 130
feet, thence South -170 feet to the point of
beginning.
4. Less the South GO feet of the East 20 acres
Tract 5, Section 14, Township 33 South of
East, acemdingeneral m to the last Range 39
lands of Indian River l;alms plat of
Corupany, as filed
in Ltile office of the Clerk of the Circuit Court
of Page
County,
7. 2. 5Luci(e r CoRty, Florida)ounty, Florida, in plat I3obk 2,
St
. Foad Right-of-1�.ay for Indian River
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ARTICLE III. Determination of Cost- of Service:
Said municipal service taxing unit is created for the purpose of
providing street lighting within the boundary of said 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 receiving street lighting service within the boundary of
said unit.
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 not to exceed two (2) mills on
all the real and taxable property for that area which is or shall
be receiving street lighting service within said Street Lighting
Municipal Service Taxing Unit created under the provisions of this
Ordinance for the purpose of providing street lighting within the
boundary of said unit. Said tax shall be levied and a budget pre-
pared and adopted by said Board at the same time and in the same
manner as said 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 said Board as provided by law. Said
budget shall contain all or such portion of the estimated cost of
providing street lighting within the boundaries of said unit,
determined under the provisions of Article III of this Ordinance,
as said Board shall determine to be necessary to provide such
services.
ARTICLE V. Disposition of Proceeds from Levy of
Taxes for Street Lighting: Those funds obtained from the levy of
a tax on all the real and taxable property within the boundary of
said unit shall be maintained in a separate account and used solely
for the purpose of providing street lighting within the boundary
of said unit only.
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ARTICLE VI. This Ordinance shall become effective
immediately upon adoption and filing as provided by law.
DONE AND ADOPTED in regular session this 24th day of
March, 1976.
ATTEST:
Ralph -Hargis, Clerk
(SEAL)
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BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
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BY
Wi and W. Siebert,Jr
Chairman