HomeMy WebLinkAbout1976-27ORDINANCE N0. 76-27
AN ORDINANCE CREATING TIIE INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL AND COLLECTION MUNICIPAL
SERVICE TAXING UNIT; DEFINING THE BOUNDARIES
OF SAID TAXING UNIT TO INCLUDE TIIE BOUNDARIES
OF ALL THE UNINCROPORATED AREAS OF INDIAN RIVER
COUNTY; AUTHORIZING THE LEVY BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA OF A TAX NOT TO EXCEED THREE (3) MILLS
ON ALL THE REAL AND TAXABLE PROPERTY WITHIN
SAID TAXING UNIT; PROVIDIIIG FOR THE ADOPTION
OF A BUDGET AND THE ASSESSMENT,•LEVY AND
- COLLECTION OF SUCK 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 purposes
within a municipal service taxing unit created under Section
125.01(1)(q), Florida Statutes; and
WHEREAS, Section 125.01(1)(q), Florida Statues, 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 landfill, garbage and trash collection from
funds derived from taxes within such unit only;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD Or COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. A new Ordinance of the Code of Indian River
County, Florida, be designated as Chapter 21, Article VIII,
Section 21-72 through 2177 , of said Code, is hereby adopted
to read as follows:
SOLID WASTE DISPOSAL AND COLLECTION
MUNICIPAL SERVICE TAXING UNIT
Section 21-72. Definitions: For the purpose of this
Ordinance, the definition contained in this section shall apply
unless otherwise specifically stated.
(a) Board. The word "Board" shall refer to the Board
Of Co1111ty Conm►issioners of Indian River County,
Florida.
(b) Garbage. The word "garbage" shall mean every refuse
accumulation of animal, fruit or vegetable matter
that attends the preparation, use, cooking and dealing
in, or storage of edibles, and any other matter, of
any nature whatsoever, which is subject to decay,
putrefaction and the generation of noxious or offen-
sive gasses or odors, or which, during or after decay,
may sexvo as breeding or feeding material for flies
or other germ -carrying insects, or any container of
the material defined herein.
(c) Garden Trash, The words "garden trash" shall mean
all accumulations of leaves, grass or shubbery
cuttings, and other refuse attending the care of
lawns, shubbery, vines and trees.
(d) Industrial Wastes. The words industrial wastes"
shall mean the waste products of canneries,
slaughterhouses or packing plants, condemned food
products, agricultural waste products, waste and
debris from brick,, concrete block, roofing shingles
or tile plates, debris and wastes accumulated from
land clearing, excavating, building, rebuilding,
and altering of buildings, structures, roads,
streets, sidewalks or parkways and other solid
waste products generated from industrial proces-
sing or manufacturing.
(e) Junk. Any tangible item such as furniture, ap-
pliances,bicycles, motor vehicles or similar
property not having a useful purpose to the owner
or abandoned by the owner and not included within
the definitions of garbage, garden trash, indus-
trial wastes or rubbish.
(f) Rubbish. The word "rubbish" shall mean refuse
accumulation of paper, excelsior, rags or wooden
or paper boxes or containers, sweepings, and all
other accumulations of a nature other than garbage
which are usual to housekeeping and to the opera-
tion of stores, offices and other business places,
also any bottles, cans or other containers which,
due to their•ability to retain water, may serve•as
breeding places for mosquitoes or other water -
breeding insects.
(g) Solid Waste. The words "solid waste" shall be a
general term that includes the specific terms
"garbage," "garden trash," "junk," "rubbish," and
"industrial wastes".
(h) Landfill. That area designated'to accept and
control the delivered "solid wastes".
Section 21-73. Solid Waste Disposal Municipal Service
Taxing Unit: There is hereby created the Indian River County
Solid Waste Municipal Service Taxing Unit under the authority
of Section 125.01, Florida Statutes. The boundaries of said
Municipal Service Taxing Unit shall be coterminous with all
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the unincorporated area or Indian River County existing on
January 1, 1976, and the lst day of January of each year
thereafter.
Section 21-74. Determination of Cost of Service: Said
Municipal Service Taxing Unit is created for the purpose of pro-
viding a landfill site, developing said site and disposing of
solid wastes within the boundaries of said Unit only. The
Board shall determine each year the estimated cost of creating
and operating the landfill and disposal of solid waste for the
ensuing county fiscal year within the boundaries of said Unit.
Section 21-75. Levy of Taxes; Adoption of Budget: The
Board hereby authorizes the levy of a tax not to exceed three
(3) mills on all the real and taxable property within the Indian
River County Landfill and Solid [caste Disposal Municipal Service
Taxing Unit created under the provisions of this Ordinance for
the purpose of providing a landfill facility and solid waste
disposal within the boundaries of said unit only. Said tax
shall be levied and a budget prepared and adopted by '-he 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 assess-
ment, levy, collection, remittance and accountability of taxes
by the Board as provided by law. Said budget shall contain
all, or such portion, of the estimated cost of the disposal
of solid waste within the boundaries of said unit only
determined under the provisions of Section 21=74 of this
Ordinance as said Board shall determine to be necessary to
provide such services.
• Section 21-76. Disposition of Proceeds from Levy of
Taxes for Solid waste Disposal: Those funds obtained from the
levy of a tax on all the real and taxable property within the
boundaries of such unit shall be maintained in a separate account
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and used only for the purpose of providing a landfill and solid
waste disposal within the boundaries of said unit.
Section 21-77. This Ordinance shall become effective
immediately upon adoption and filing as provided by law.
DONE AND ADOPTED in regular session this 16th day of
December, 1976.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA.
By
William C. Wodtke, J ., Chairman
ATTEST:
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and used only for the purpose of providing a landfill and solid
waste disposal within the boundaries of said unit.
Section 21-77. This Ordinance shall become effective
immediately upon adoption and filing as provided by law.
DONE AND ADOPTED in regular session this 16th day of
December, 1976.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA.
By
William C. Wodtke, J ., Chairman
ATTEST:
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oVerk