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HomeMy WebLinkAbout1984-04INDIAN RIVER COUNTY ORDINANCE NO. 84-4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 21-90, 21-91 AND 21-93 OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY PROVIDING FOR THE INCLUSION OF THE TOWN OF ORCHID IN THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT PURSUANT TO A REFERENDUM VOTE; PROVIDING FOR AN INCREASE IN THE MAXIMUM TAX ALLOWED TO BE LEVIED DURING THE ONE-YEAR PERIOD BEGINNING JANUARY 1, 1984 AND ENDING DECEMBER 31, 1984 AND PROVIDING A - REFERENDUM THEREFOR; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE; AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 INCLUSION OF TOWN OF ORCHID IN NORTH INDIAN RIVER COUNTY FIRE DISTRICT --REFERENDA VOTE Section 21-90. Special district fire protection. There is hereby created the North Indian River County Fire District, a special district, pursuant to the authority granted this board of county commissioners under the provisions of Article VII, Section 9(a) and (b) of the Florida Constitution of 1968, as amended, and Section 125.01(5)(a), (b) and (c), Florida Statutes, and within the meaning of Chapter 218, Florida Statutes. The boundary of the said North Indian River County Fire District, hereinafter referred to as "fire district," shall include the Cities of Fellsmere and t Sebastian and the Town of Orchid and those unincorporated areas of the northern part of Indian River County according to the following description: All of Township 30 South, lying west of the west bank of the Indian River and that part of Township 31 South lying east of the center line of Lateral U and west of the west bank of the Indian River; said lands all located and limited to Indian River County. The amendments to this section including the Town of Orchid within the North Indian River County Fire District shall only be effective if a majority of the electors in the Town of Orchid authorize the Town's inclusion in the district at a referendum to be held in March, 1984 and the adoption of an -1- CODING: Words in streek-through type are deletions from existing law; words underlined are additions. ordinance by the Cities of Fellsmere and Sebastian and the Town of Orchid authorizing the inclusion of the Town in the District. SECTION 2 AUTHORIZATION TO INCREASE MAXIMUM ALLOWABLE MILLAGE FOR ONE YEAR PERIOD BEGINNING JANUARY 1, 1984 AND ENDING DECEMBER 31, 1984 Section 21-93 of the Code of Laws and ordinances of Indian River County is hereby amended to read as follows: Sec. 21-93. Levy of taxes, budget adoption. The board of county commissioners is hereby authorized and empowered to levy annually an ad avalorem tax against all real and tangible property included within the district not to exceed one-half mill except for the one-year period beginning January 1, 1984 and ending December 31, 1984, in which the millage shall not exceed 1.5 mills. For the purpose of this tax levy, the assessment roll, as prepared by the county property appraiser and equalized by the property appraisal adjustment board, shall be adopted and used. As provided by law, each year the board of fire commissioners, after receiving the recommendations of the advisory committee, shall prepare and adopt a budget and shall, by resolu- tion fix the rate of said tax and levy same, forwarding to the board of county commissioners, the county appraiser and the county tax collector certified copies thereof all as provided by law. The said tax shall be included upon the tax notices issued by the tax collector and the said tax shall be collected with the county taxes, in the same manner and wherever practicable in the manner provided by law for the collection of county ad valorem taxes, including sale of tax certificates for which purpose the special district tax shall be included with the county tax. The county tax collector shall forward to the board of fire commissioners taxes collected at the same time and in the same manner as pro- vided for the payment of county taxes by the tax collector to the board of county commissioners. The county property appraiser and the county tax collector shall be entitled to payment for their services in connection with the collection of said taxes as pro- vided by law. Said budget, as above referred, shall contain all of the estimated costs of providing fire protection and control -2- CODING: Words in strnek-through type are deletions from existing law; words underlined are additions. _ ; services within the boundaries of said fire district, as author- ized by this article and as approved by the said board of fire commissioners. Monies obtained in a levy of a tax on all real and tangible property within the boundary of said fire district shall be maintained in special accounts in the name of said district by the district board of fire commissioners for the purpose of pro- viding fire protection and control services, as outlined herein, within the boundaries of said fire district. SECTION 3 REFERENDUM AUTHORIZING INCREASE IN MILLAGE Section 21-91 of the Code of Laws and Ordinances of Indian River County is hereby amended to add a second paragraph to read as follows: The provisions of Section 21-93 allowing the levv of not to exceed 1.5 mills for the year beginning January 1, 1984 and ending December 31, 1984 shall only be effective after a referendum election is held wherein a majority of the electors within the fire district have authorized the assessment of a millage not to exceed 1.5 mills for the year beginning January 1, 1984 and ending December 31, 1984 SECTION 4 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitu- tional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such uncon- stitutional, invalid or inoperative part. SECTION 5 INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. -3- CODING: Words in struck-bhrangh type are deletions from _, _ existing law; words underlined are additions. SECTION 6 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 15th day of February, 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY n BY DON C. SCURLOCR, JR Chairman Acknowledgment by the Department of State of the State of Florida this 23rd day of February 1984. Effective Date: Acknowledgment from the Department of State received on this 27th day of _ February 1984, at 11:00 A.M./P.M, and filed in the Office of the Clerk of the Board of CAUF ioners of Indian River County, Florida. A 0 AND LCBDENB RG ne MIC CODING: words in struek-through type are deletions from existing law; words underlined are additions.