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HomeMy WebLinkAbout1980-32ORDINANCE NO. 80-32 ACI ORDINANCE CREATING THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT THROUGH REFERENDUM ELECTION; AN INDEPENDENT SPECIAL DISTRICT AS AUTHORIZED BY CHAPTERS 125 and 165, FLORIDA STATUTES; DEFINING THE BOUNDARIES THEREOF; AUTIIORIZING THE SAID FIRE DISTRICT TO ASSUME CERTAIN FIRE PREVENTION AND CONTROL RESPONSIBILITIES AT PRESENT VESTED JOINTLY IN THE BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY AND THE CITY OF VERO BEACH SITUATED WITIiIN THE BOUNDARIES OF THE SAID TAXING UNIT; PROVIDING FOR THE APPOINTMENT OF A DISTRICT BOARD OF FIRE COMMISSIONERS TO BE COMPRISED OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY; SPECIFYII4G THE RIGHTS AND DUTIES OF THE SAID DISTRICT BOARD OF FIRE COMMISSIONERS; CREATING AN ADVISORY COMMITTEE TO ASSIST THE SAID DISTRICT BOARD OF FIRE COMMISSIONERS; MID SPECIFYIIIG THE RIGHTS AND DUTIES OF THE SAID ADVISORY COMMITTEE; TO PROVIDE FOR THE BORROWING AND EXPENDING OF MONIES, ISSUANCE OF BONDS, REVENUE CERTIFICATES AND OTHER EVIDENCE OF INDEBTEDNESS; AUTHORIZING THE LEVY AND COLLECTION OF A TAX BY THE SAID FIRE DISTRICT FOR THE -SUPPORT THEREOF AND NOT TO EXCEED A MILLAGE RATE TO BE DETERMINED AT THE PUBLIC HEARING OF JULY 30, 1980 BY THE BOARD OF COUNTY COMMISSIONERS UPON THE ASSESSED VALUATIO14 OF ALL REAL AND TANGIBLE PROPERTY WITHIN THE BOUNDARIES THEREOF AS PROVIDED BY ARTICLE VII SECTION 9 OF THE FLORIDA CONSTITUTION; PROVIDING FOR THE ADOPTION OF A BUDGET AND ASSESSMENT; AND PROVIDING AIJ EFFECTIVE DATE. WHEREAS, It is the findings of the Board of County Commis- sioners of Indian River County that there exists a critical need for a uniform and adequate plan of fire prevention and control within the southern part of the said County and the North Beach area, as such geographical area is hereinafter defined, and that the creation of a Special District is the best alternative for delivering the service; and WHEREAS, the County is creating a County -wide fire protection system of which the special district, herein created and established, and the rights accruing to the County from those agreements dated November 5, 1975, and January 5, 1977, between the County and Indian River Shores, Florida, shall be an integral part; and WHEREAS, the City Council of the City of Vero Beach has expressed its desire to the Board of County Commissioners to join with it so as to create a Special Fire District within the southern part of the aforesaid County, and the North Beach area and the corporate limits of the said municipality and has further agreed to express their intent by ordinance that, if such a District should be created, all fire related equipment owned by said municipality will be leased or deeded to the Fire District upon mutually agreeable terms and any fire stations would be leased or deeded to the District upon mutually agreeable terms; and WHEREAS, the City Council of the City of Vero Beach and Indian River County have expressed their intention to enter into an agreement regarding the creation, operation and possible dissolution of the said South County Fire District, and to further provide for matters connected therewith; and WHEREAS, the Board of County Commissioners finds that such a Special Fire District would do much to alleviate the critical need for adequate fire prevention and protection of unincorporated areas of the southern part of Indian River County and North Beach area, while not reducing the current level of such prevention and protection services available to residents of the City of Vero Beach; and WHEREAS, pursuant to Section 125.01 (5)(a), Florida Statutes (1979) and Section 165.041 (2) and Section 165.061 (3), Florida Statutes (1979), the Board of County Commissioners is vested with the power to create Special Districts for unincorporated areas of the County and for incorporated municipalities within such areas, provided that the affected municipal governing board approves such creation by ordinance; and WHEREAS, the City Council of the City of Vero Beach shall, by ordinance duly enacted, approve the formation of the district described herein; and WHEREAS, the governing board of said Special District will be comprised of the Board of County Commissioners of Indian River County; and WHEREAS, it is the intention of the Indian River County Board of County Commissioners and the City of Vero Beach to create a Special District with all the rights and priviledges as provided by general and special law as amended, including but not limited to the power and authority to borrow and expend money and issue bonds, revenue certificates and other evidence of indebtedness, -2- and it is the further intention that said Special District will exist separate and apart from the Indian River County Board of County Commissioners and the City of Vero Beach as a separate and distinct public body corporate & politic and be entitled to sue and be sued in its own name, and the District shall avail itself of recovery limits for liability as provided in Chapter 95, Florida Statutes (1979), as from time to time amended; further that the District shall have the power to purchase, receive, lease, or otherwise acquire real and/or personal property, to make contracts and incur legal liabilities, and to levy an ad valorem tax, and generally to transact all lawful business and exercise all lawful powers to effect the purpose of the formation of the said District as provided by law, as from time to time amended. WHEREAS, pursuant to Section 9(a) and (b), Article VII, of the Florida Constitution of 1968, as amended, and Section 125.01 (5)(c), and Chapter 218, Part 3, Florida Statutes (1979), the Special District is authorized, upon the approval of the voters within said Special District in a referendum election to levy and collect an ad valorem tax or special assessment upon real and tangible property within the boundaries of such a Special District for the support thereof in the manner provided herein and by general law; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COU14TY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. Section 1. A new Ordinance of the Code of Ordinances of Indian River County, Florida, to be designated as Chapter 21, Article XI, is hereby adopted as follows: SECTION 21- . Creation of Special District. There is hereby created the South Indian River County Fire District, a Special District, pursuant to the authority granted this Board of County Commissioners under the provisions of Section 125.01 (5) (a),(b) and (c), Florida Statutes (1979) and Section 165.041 (2) and Section 165.061 (3), Florida Statutes (1979). The boundary of the said South Indian River County Fire District, hereinafter referred to as the "District", shall include the City of Vero Beach -3- and those unincorporated areas of the southern part of Indian River County and the North Beach area according to the following description: All of the Township 30 South and Township 31 South lying East of the West bank of the Indian River, excepting all lands lying within the Town of Orchid and the Town of Indian River Shores; said lands all located and limited to Indian River County, Florida; and all of Township 32 South and 33 South lying East of Interstate Highway 95 excluding the Town of Indian River Shores and including the municipal boundaries of the City of Vero Beach; said lands all located in and limited to Indian River County, Florida. SECTION 21- Referendum Election Required. Notwithstanding any provision to the contrary herein, this Ordinance shall not take effect until a referendum election shall have been held wherein the voters residing within the said Fire District have authorized an ad valorem tax not in excess of 3 mill by the governing board of the said District upon all real and tangible personal property within the boundaries thereof and for its support, pursuant to Section 9 (b), Article VII of the Florida Constitution of 1968, as amended, and Section 125.01 (5)(c), Florida Statutes (1979). Such election shall be held on September 9, 1980. SECTION 21- Board of Fire Commissioners; Method of Appointment; Duties. Pursuant to Chapter 125.01 (5)(b), Florida Statutes (1979), the governing body of the Special District shall be comprised of the Board of County Commissioners of Indian River County who shall be referred to as the District Board of Fire Commis- sioners. The chairman of the Board of County Commissioners will serve as the chairman of the District Board of Fire Commissioners, and the vice-chairman of the�Board of County Commissioners will serve as the vice-chairman of the District Board of Fire Commissioners. The said District Board of Fire Commissioners shall have the customary and reasonable powers of any governing board of a Special District vested with control of a fire department. In accordance with applicable State Statutes and rules and in accordance with applicable County Ordinances and rules, as now exists and from time to time amended, the District Board of Fire Commissioners shall enjoy the specific authority to establish a uniform plan of fire protection and control, coordinating said plan as an integral -4- part of the County -Wide Fire Protection System of which this Ordinance is a part. The District Board of Fire Commissioners shall establish standards and policies, coordinate with local emergency ambulance and rescue services, for paid and/or volunteer fire -fighting and rescue forces, including the size and leadership thereof; purchase, lease, accept by gift or otherwise, construct and dispose of facilities and equipment; hire and fire personnel; establish personnel and operating policies; develop emergency and catastrophic plans of action; develop training and fire prevention plans, employ professional personnel, borrow and expend money and issue bonds, revenue certificates and other obligations of indebtedness as may be allowed by law both now and in the future; to exercise the power of eminent domain and to share absolute fee title to all property so taken, which title shall vest in said Special District unless the Special District seeks to condemn a particular right or estate in such property; coordinate activities with existing volunteer organizations and promote the development and operation of volunteer fire fighting organizations within the District through an Advisory Committee, for the purpose of providing for the safety and protection of the residents of the said Fire District. The Fire District may joint venture within the County for the purpose of improving overall fire protection with the County -Wide System. The City of Vero Beach is hereby specifically empowered and authorized by the said District Board of Fire Commissioners to perform all administrative activities and functions for said Special District and to otherwise perform the day-to-day activities involved in the administration of said Special District for a period of 5 years unless extended by the recommendation of the'�South County Fire District Advisory Committee and upon the approval of the District Board of Fire Commis- sioners. SECTION 21- Scuth County Fire District Adv=_sory Committee; Method of Appointment; Duties. There is hereby created a seven member South County Fire District Advisory Committee which shall be comprised of the chairman and vice-chairman of the Board of County Commissioners of Indian River County; the PRayor and Assistant Mayor of the City Council of the City of Vero Beach, said chairman mac and vice-chairman, tlayor and Assistant Mayor may appear at the South County Fire District Advisory Committee by and through a designated representative having the same power and duties as those of the said chairman, vice-chairman, Mayor and Assistant Mayor, and two members from the public at large; one member to be appointed by the Indian River County Board of County Commissioners for a term of one year, and one member to be appointed by the City Council of the City of Vero Beach for a term of one year, and one member_ who shall be the then President of the Vero Beach Volunteer Fire Department, Inc. A quorum for said South County Fire District Advisory Committee shall consist of four members present and a simple majority of those members present and voting shall be sufficient to conduct its business. The South County Fire District Advisory Committee shall meet not less than quarterly and as directed by the chairman of the South County Fire District Advisory Committee and as from time to time directed by the District Board of Fire Commissioners. At the initial meeting thereof and annually thereafter the South County Fire District Advisory Committee shall meet, and organize, electing a chairman and vice-chairman. The said South County Fire District Advisory Committee shall have advisory powers only, and shall be responsible to the District Board of Fire Commissioners. The South County Fire District Advisory Committee shall advise the District Board of Fire Commissioners on the implementation, operation, financing, budget, maintenance, personnel, capital improve- ments, and all other matters as directed by the District Board of Fire Commissioners and other matters essential to the effective functioning of said South County Fire District. The South County Fire District Advisory Cor,;mittee is specifically authorized to prepare and recommend a proposed budget for the operation of the said South County Fire District, said budget to be prepared and submitted in accordance with Florida Statutes 129 and. 218 (1979), as from time to time amended. The South County Fire District Advisory Committee is further authorized to recommend to the District Board of Fire Commissioners agreements relating to the transfer and leasing of the facilities and properties and relating to all other aspects of the South County Fire District not specifically provided for in this Ordinance. -6- SECTION 21- Levy of Taxes, Budget Adoption. The Board of County Commissioners is hereby authorized and empowered to levy annually an ad valorem tax against all real and tangible personal property included within the District not to exceed 3 mill. 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. Each year the governing body of the District, after receiving the recommendations of the Advisory Committee, shall prepare and adopt a budget and shall, by resolution and/or ordinance, fix the rate of the tax and levy the same, forwarding to the County Property Appraiser and the County Tax Collector certified copies thereof, all as provided by law. The tax shall be included upon the tax notices issued by the County Tax Collector and the tax shall be collected with the County tares, in the same manner, wherever practi- cable, as provided by law for the collection of County ad valorem taxes, including the sale of tax certificates for which purpose the District tax shall be included with the County tax. The County Tax Collector shall forward to the governing body of the District, taxes collected at the same time and in the same manner as provided for the payment of County taxes by the County Tax Collector to the Board. The County Property Appraiser and the County Tax Collector shall be entitled to payment for their services in connection with the collection of the taxes, as provided by law. The budget, as above described, shall contain all of -the estimated costs of providing fire protection and control services within the boundaries of the District, as authorized by this ordinance and as approved by the governing body of the District. Money obtained through the levy and collection of ad valorem taxes on all real and tangible personal property within the boundaries of the District, as provided in this Section, shall be maintained in special accounts in the name of the District by the governing body thereof for the purpose of providing fire protection and control services within the boundaries of the District or, if approved by subsequent referenda other than the referendum provided herein, for the purpose of paying the principal of, premium, if any, and interest on the bonds of the District. -7- SECTION 21- Transfer Provisos. All property and equipment held by the various volunteer organizations and the City of Vero Beach may be deeded or leased or otherwise transferred to Fire District. Any liens outstanding at the time of the transfer will be assumed by the Fire District, to be paid from funds derived from the taxes collected pursuant to this Ordinance. In addition, the volunteer organizations and the City of Vero Beach shall lease or convey the various fire stations to the Fire District upon mutually acceptable terms. Furthermore, the aforementioned transfer will be subject to the existing labor agreements between the City of Vero Beach and the local 2201 of the International Association of Fire Fighters. SECTION 21- Authorization to Issue Bonds. As an alternative means of financing the cost of fire prevention and control capital projects, the District Board of Fire Commissioners is authorized to issue special assessment or general obligation bonds from time to time (the "Obligations"). Such Obligations may be issued in coupon form or fully registered form, and may be in such denomination or denominations, bear interest at such rate or rates and shall mature at such time or times not exceeding 50 years from their date or dates as may be determined by the governing body of the District. The Obligations may be made redeemable before maturity, at the option of the governing body of the District, at such price or prices and under such terms and conditions as may be fixed by the governing body of the District prior to their issuance. The governing body of the District shall determine the place or places of payment of the principal of and interest on the Obligations which may beat any bank or trust company within or without the state. The Obligations shall be signed either by manual or facsimile signatures of the chairman and clerk of the governing body of the District, provided that such Obligations shall bear at least one signature which is manually executed thereon. The coupons attached to such Obligations, if any, shall bear the facsimile signature or signatures of such officer or officers as shall be designated by the governing body of the District. The Obligations shall have the seal of the District affixed, imprinted, -8- reproduced or lithographed thereon, all as may be prescribed in the resolution or resolutions authorizing the issuance thereof. The Obligations may be sold at public or private sale at such price or prices as the governing body of the District shall determine to be in its best interest, provided that such price shall be not less than 95% of the par value of the Obligations sold. SECTION 21- Security for Bonds. The principal of and interest on any Obligations issued hereunder may be payable from special assessments levied against the property specially benefited by the acquisition, construction, improvement or equip- ment of the projects, provided, however, such special assessments shall never exceed the amount by which such property is determined to be benefited. Alternatively, the principal of and interest on any Obliga- tions issued hereunder may be payable from ad valorem tares levied within the District, without limitation as to rate or amount or with such limitations as may be fixed by the governing body of the District, after the issuance of such Obligations has been approved at a bond referendum duly called and held as provided by law. SECTION 21- Incorporation of Certain Provisions of Chapter 170. The provisions of Chapter 170, Florida Statutes (1979), as amended and supplemented from time to time, with respect to the levy, collection and enforcement of collection of special assessments, to the extent not inconsistent with the provisions of this ordinance, are hereby incorporated herein by reference and made appplicable to the District the same as if it were a "munici- pality" as defined therein. Appropriate changes to the provisions of Chapter 170, Florida Statutes (1979), as incorporated herein, are hereby made to reflect the differences between municipal and District government. The District, however, shall not be required to let contracts for any projects before adoption of any resolution authorizing the issuance of Obligations. All special assessment rolls, plats, plans and specification, cost estimates and records of the names and addresses of the owners of property to be assessed may be prepared, kept and/or maintained by such office or officer of the County as may be specified by the governing body of the District from time to time. -9- SECTIO14 21- Cost of Projects. The cost of the fire prevention and control capital projects may be deemed to include, but not be limited to, the cost of acquisition of sites; legal, engineering, fiscal, architectural fees and fees of any other experts or consultants employed by the District; engineering or architectural studies; preparation of surveys, plats, assessment rolls, plans and designs for the projects; capitalization of interest for a reasonable period after issuance of the Obligations; capitalization of reasonable debt service reserves for the payment of the Obligations; premiums for municipal bond insurance policies; the expense of the issuance, authorization and sale of the Obligations, including advertisements, notices and other proceedings in connection therewith; the discount on the sale of the Obligations, if any; and such other expenses as are necessary, incidental or appurtenant to the purposes authorized hereunder. SECTIO14 21- Refunding Bonds. The District may, pursuant to resolution duly adopted, issue obligations to refund any Obligations issued pursuant to the authority contained in this ordinance and provide for the rights of the holders hereof. Such refunding obligations may be issued in an amount sufficient to pay the principal of the outstanding Obligations; the interest due and payable on the outstanding Obligations to and including the first date upon which the outstanding Obligations shall be callable prior to maturity, the dates upon which the principal thereof shall mature, or any dates in between; the redemption premiums, if any; and any expenses of the issuance and sale of such refunding obligations. SECTION 21- Referendum. The Board of County Commissioners of Indian River County, Florida,.does hereby authorize and direct the holding of a referendum in the Fire District as described herein the 9th day of September, 1980. Only those who are qualified electors in said Fire District on the day of the election shall be qualified to vote in the election. The question or matter to be determined by said electors at such election shall be stated on the ballot used in said election as follows: -10- Mark a cross (x) mark in the square at the RIGHT for the Proposal or against the Proposal. f PROPOSAL Shall there be created a South Indian River County Fire District, which will be created in: All of the Township 30 South and Township 31 South lying East of the West bank of the Indian River, excepting all lands lying within the Town of Orchid and the Town of Indian River Shores; said lands all located and limited to Indian River County, Florida; and all of Township 32 South and 33 South lying East of Interstate Highway 95 excluding the Town of Indian River Shores and including the municipal boundaries of the City of Vero Beach; said lands all located in and limited to Indian River County, Florida. as provided by Ordinance No. 80-32 with authority to levy an ad valorem tax not to exceed 3 mill per annum on each dollar valuation of taxable property within said District to cover the expenses of creation, maintenance, operation and capital requirements of said District. FOR THE PROPOSAL AGAINST THE PROPOSAL • . Should the majority of the electors voting at such election vote for the creation of the Fire District and the tax levy and upon the certification of such results, this Ordinance shall immedi- ately become effective. Should the majority of the electors voting at such election vote against the creation of the Fire District and the tax levy and upon the certification of such results, this Ordinance and any agreements associated therewith shall become a nullity. SECTIO14 21- Repeal. Any Ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 21- Severability. It is declared to be the intent of the Board of County Commissioners of Indian River County, Florida, that if any Section, Subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of the Ordinance shall be construed as not having contained said Section, Subsection, sentence, clause or provision, and shall not be affected by such holding. SECTION 21- Amendments. This Ordinance may be amended as provided by law. -11- SECTION 21 Effective Date. A certified copy of this Ordinance shall be filed in the office of the Secretary of State by the Clerk to the Board of County Commissioners within ten days after adoption of this Ordinance, and shall take effect upon certification of the referendum election results certifying that the majority of the electors voting at such election voted for the creation of the Fire Taxing District and the tax levy. ADOPTED this 30th day of July , 1980. STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FREDA WRIGHT, CLERK BY D.C. D E �'-10D -12-