HomeMy WebLinkAbout1989-35.�� 11/28/89.1(ORD1)Legal)Vk
ORDINANCE NO. 89- 35
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 83-21
_WHICH_ CREATED THE SOUTH BEACH RECREATION
PATH MUNICIPAL SERVICE TAXING UNIT;
PROVIDING A CHANGE OF NAME OF THE
DISTRICT; PROVIDING AUTHORITY FOR THE
DISTRICT TO FUND THE RECREATION PATH BY
SPECIAL ASSESSMENT IN LIEU OF OR IN
ADDITION TO TAXES; AND PROVIDING AN
EFFECTIVE DATE.
Wi#€R€AS, {-nd-ia-n River County— c- ea -ted a-vlunici-pa-1
Service Taxing Unit (MSTU) to fund the construction of a
recreation path for the South Beach area; and
WHEREAS, the path has not been built, in part because
of the disparity in assessed values of certain properties
would have certain people paying substantially more taxes
towards the construction of the bike path than others; and
WHEREAS, residents of the district feel that a special
assessment based on a per -parcel assessment or similar other
reasonable formula would be more fair than an ad valorem
millage rate; and
WHEREAS, this amendment will change the powers of the
South Beach Recreation Path MSTU to one which would
aut-hori-zefunding by -special assessment,
NOW, THEREFORE, BE IT ORDAINED by Indian River County,
acting through its Board of County Commissioners, that:
SECTION 1. CHANGE OF NAME OF DISTRICT
Ordinance No. 83-21 sha I I be amended by rep I ac i ng_ the
phrase "South Beach Recreation Path Municipal Service Taxing
Unit" wherever it is used in the ordinance with the phrase
"South Beach Recreation Path Municipal Service Taxing or
Benefit Unit."
SECTION 2. ADDITION OF SPECIAL ASSESSMENT POWERS
A new section shall be added after Section 4 of
Ordinance No. 83-21 to read as follows:
"Section 4-A. Special Assessment Powers
In I -leu of or in a dlffion the power to fund—the
expenses of the district by taxes, the South Beach
Recreation Path Municipal Service Taxing or Benefit Unit
shall have the power to fund the expenses of the district
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from special assessments of property within the district,
pursuant to themethod authorized,by Chapter 115, Florida
Statutes and other state law, and 'by county ordinances
adopted pursuant to state law. This authority shall include
.he -power to speci-a-Nva-s-ses-s-property--ort a -per -pare -e-1 or
portion of parcel assessment basis."
SECTION _3.-- EFFECTIVE -DATE
This ordinance shall become effective upon receipt from
the Florida Secretary of State of official acknowledgment
that this ordinance has been filed with Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 19th
day of December 1989,
This ordinance was advertised in the Vero Beach Press
Journal on the 30th day of November , 1989, for a public
hearing to be held on the 19th day of December, 1989, at
which time it was moved for adoption by Commissioner
-Sc-urlock , seconded by Comnissiover—Eggert
and adopted by the following vote:
Chairman Cary C. Wheeler Aye
Vice Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman A e
" BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest ' By
9�
Cary Wheeler �—
Chairman
Acknow+.edgment by the Department of State of the State of
FIor da, this 27th day of December 1989.
Effective Date: Acknowledgment from the Department of State
received onthiis �nd �uar1 T990 at
11:00 a.rn.lp.m. and_filed in the 0lF7ce o1= the Clerk to
tF_e Toard of County Commissioners of Indian River County,
Florida.
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