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HomeMy WebLinkAbout1984-80ORDINANCE NO. 84-80 AN ORDINANCE AMENDING ORDINANCE NO. 83-46 OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED: "AN ORDINANCE RELATING TO THE AQQUISITON AND CONSTRUCTION OF CERTAIN LOCAL IMPROVE- MENTS IN INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS BY INDIAN RIVER COUNTY, FLORIDA, TO FINANCE THE COST THEREOF, PAYABLE FROM SPECIAL ASSESSMENTS LEVIED AGAINST PROPERTY SPECIALLY BENEFITED BY SUCH IMPROVEMENTS, AND, AT THE OPTION OF THE COUNTY, FROM OTHER LEGALLY AVAILABLE NON AD VALOREM FUNDS; AND PRO- VIDING AN EFFECTIVE DATE." DULY ENACTED ON DECEMBER 21, 1983, AS AMENDED, BY AUTHORIZING THE USE OF THE PROCEDURES WITH RESPECT TO THE LEVY AND COLLECTION OF ASSESS- MENTS, FOR THE LEVY AND COLLECTION OF IMPACT FEES FOR THE PURPOSES EXPRESSED IN SUCH ORDI- NANCE, AND THE ISSUANCE OF REVENUE BONDS SECURED WHOLLY OR IN PART BY SUCH IMPACT FEES; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR THIS ORDINANCE. This ordi- nance is enacted pursuant to Article VIII, Section 1, Florida Constitution (1968), Chapter 125, Florida Statutes (1983), and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, deter- mined and declared that: A. The Board of County Commissioners of Indian River County, Florida (hereinafter called "Board"), on December 21, 1983, duly enacted Ordinance No. 83-46 entitled: "AN ORDINANCE RELATING TO THE ACQUISITON AND CONSTRUCTION OF CERTAIN LOCAL IMPROVE- MENTS IN INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS BY INDIAN RIVER COUNTY, FLORIDA, TO FINANCE THE COST THEREOF, PAYABLE FROM SPECIAL ASSESSMENTS LEVIED AGAINST PROPERTY SPECIALLY BENEFITED BY SUCH IMPROVEMENTS, AND, AT THE OPTION OF THE COUNTY, FROM OTHER LEGALLY AVAILABLE NON AD VALOREM FUNDS; AND PRO- VIDING AN EFFECTIVE DATE." (hereinafter called "Ordinance"). B. It is necessary and desirable to amend the Ordinance by authorizing the use of the procedures with respect to the levy -1- and collection of special assessments, for the levy and collec- tion of impact fees for the purposes expressed in the Ordinance; and by authorizing the issuance of revenue bonds secured wholly or in part by such impact fees. SECTION 3. AMENDMENTS TO ORDINANCE. The Ordinance is hereby amended in the following manner. A. Section 3 of the Ordinance is hereby amended to read as follows: "SECTION 3. SECURITY FOR BONDS. The principal of, interest on and redemption premiums, if any, for the Bonds shall be payable from the proceeds of the special assessments and/or impact fees, as applicable, to be levied against the property specially benefited by the acquisition and/or construction of the Improvements, and, at the option of the Board, may be addi- tionally payable from any other funds derived by the County from sources other than ad valorem taxation and legally available for such purpose. The provisions of this section, however, shall not be construed so as to impair or authorize the impairment of the security of the holders of any obligations previously issued by the County which are payable from such non ad valorem funds." B. Section 4 of the Ordinance is hereby amended to read as follows: "SECTION 4. INCORPORATION OF CERTAIN PROVISIONS OF CHAPTER 170. The provisions of Chapter 170, Florida Statutes (1981), as amended (hereinafter collectively called 'Chapter 170'), to the extent not inconsistent with the provisions of this ordinance, are hereby incorporated herein by reference and made applicable to the County the same as if it were a 'municipality' as defined therein. Appropriate changes to the provisions of Chapter 170, as incorporated herein, are hereby made to reflect the differences between municipal and county government. The Board, however, shall not be required to let contracts for any Improvements before adoption of any resolution authorizing the issuance of Bonds. Furthermore, it shall not be necessary for -2- the specially benefited property to connect to any water or sewer Improvements before assessments may be collected therefor, as long as connections are available from the County; the Clerk of the Board shall not be required to certify on any Bonds that the amount of assessment liens levied as security for the Bonds are equal to the amount of the Bonds; the assessments shall bear interest from the date of acceptance of the improvements or, if applicable, the date of any obligations payable from the assessments, whichever is earlier; and the interest rate borne by the assessments, after adequate provision has been made for payment of the principal of, interest on and redemption premium, if any, on any obligations payable from the assessments, may, at the option of the Board and to the extent permitted by law (other than Chapter 170) be increased to a rate per annum not to exceed 1% above the prime lending rate of an institution specified by the Hoard. All assessment plats, plans and specifications, cost estimates and records of the names and addresses of the owners of property to be assessed shall be kept and maintained by the public works or other similar department of the County, or such other office or officer of the County as may be specified by the Board from time to time. Any special assessment liens upon real property, resulting from special assessments levied pursuant to the provisions of this ordinance, shall be extinguished upon the recording by the Board in the Official Records of the County, an affidavit or affidavits executed by the Chairman of the Board to the effect that sufficient security has been deposited with the County in order to insure timely payment of the amounts of such special assessments or the installments thereof, as the case may be. If notes are issued in anticipation of the issuance of Bonds, the special assessments shall bear interest at a rate not to exceed 1% above the rate of interest on the notes, as long as the notes are outstanding. Any special assessments that are pre- paid shall bear interest at the rate borne by the Bonds or the notes issued in anticipation of the issuance of the Bonds, -3- whichever are outstanding, and, if necessary to pay additional expenses of redemption, shall include a prepayment fee not to exceed the applicable redemption premium, if any, for such notes or Bonds, if they were to be redeemed on the next available redemption date, plus any other expenses of the County in connec- tion with such redemption. The Board may, at its option, and to the extent per- mitted by law (other than Chapter 170), elect to use the provi- sions of this ordinance for the levy and collection of impact fees for the purposes expressed herein. In such event the County shall not be required to adjust such impact fees downward after acceptance of the improvements, if actual construction costs are less than originally estimated." SECTION 4. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the provisions herein contained shall be held contrary to any express provision of law or contrary to. the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such provisions shall be null and void and shall be deemed separable from the remaining provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 5. REPEALING CLAUSE. All ordinances, resolu- tions or parts thereof of the Board in conflict with the provi- sions herein contained are, to the extent of such conflict, hereby superseded and repealed. SECTION 6. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed in the office of the Department of State of the State of Florida by the Clerk of the Board within 10 days after its enactment, and this ordinance shall take effect upon receipt of official acknowledgment from that office that such ordinance has been filed. -4- ENACTED this November 21 , 1984, (SEAL) BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By J ATTEST: Chairman By � a) Clerk APPROVED AS O FORM AND LEGALITY office of he County Attorney By y Acknowledged by the Department of State of the State of Florida this 3rd day of December 1984. Regarding Effective Date: Acknowledged from the Department of State received on this 6th day of December , 1984, at 11:00 P.M,/P,M, and filed in the Office of the Clerk of the -Board of County Commissioners of Indian River County, Florida. -5-