HomeMy WebLinkAbout1980-34ORDINANCE NO. 80- 34
AN EMERGENCY ORDINANCE CREATING THE INDIAN RIVER
COUNTY MULTI-PURPOSE MUNICIPAL SERVICE TAXING
UNIT, DEFINING THE BOUNDARIES OF SAID TAXING
UNIT TO INCLUDE THE UNINCORPORATED PORTIONS OF
INDIA14 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 TANGIBLE TAXABLE
PROPERTY WITHIN SAID TAXING UNIT, PROVIDING FOR
THE BUDGET AND ASSESSMENT, LEVY AND COLLECTION
OF SUCK TAXES WITHIN SAID TAXING UNIT, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statute Section 125.01(1)(q) establishes
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 established on properties lying within
the unincorporated areas of Indian River County, Florida; and
WHEREAS, Section 125.01(1)(q) Florida Statutes grants
the Board of County Commissioners of a non -charter County, the
power to establish a municipal taxing unit for any part or all
of the unincorporated area of the County within which may be provided
multi-purpose municipal services, including but not limited to
road construction and maintenance, recreation, green box garbage
and trash collection, sidewalks, drainage, transportation and other
essential services, hereinafter throughout this Ordinance referred
to as "multi -services", from funds derived from taxes within such
unit only;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. A new Ordinance of the Code of Ordinances
for Indian River County, Florida, to be designated as Chapter 21,
Article XIII, is hereby adopted to read as follows:
ARTICLE XIII
Section 21-112. Multi -Purpose Municipal Service Taxing
Unit. There is hereby created an Indian River County Multi -Purpose
Municipal Service Taxing Unit under the authority of Section 125.01,
Florida Statutes. Said multi-purpose municipal services provided
within this taxing unit shall include but not be limited to road
construction and maintenance, recreation, green box garbage and
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trash collection, sidewalks, drainage, transportation and other
essential services, and shall hereinafter be referred to throughout
this Ordinance as "Multi -Services". The boundaries of the Indian
River County Multi -Purpose Municipal Service Taxing Unit shall
be coterminious with all of the unincorporated areas existing on
October 1, 1980 and on the lst day of October of each year thereafter
within the boundaries of Indian River County, Florida.
Section 21-113. Determination of Cost of Service. Said
Municipal Service Taxing Unit is created for the purpose of providing
the said multi -services as defined above within the boundaries
of said Unit. The Board of County Commissioners of Indian River
County, Florida, shall determine each year the cost of providing
the multi -services as defined above, including capital improvements,
acquisitions, operating, and maintenance costs and expenses, for
the ensuing County fiscal year within the boundaries of said Unit.
Section 21-114. Levy of Taxes, Adoption of Budget.
The Board of County Commissioners of Indian River County, Florida,
hereby authorizes the levy of a tax not to exceed three (3) mills
on all the real and tangible property within the said Indian River
County Multi -Purpose Service Taxing Unit created under the provisions
of this Ordinance for the purpose of providing the multi -services
as defined above within the boundaries of said Unit. Said tax
shall be levied and a budget prepared and adopted by the Board
at the same time and in the same manner as the 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 assessments,
levies, collec'Lions, remittance and accountability of taxes by
said Board as provided by law. Said budget shall contain all or
such portion of the estimated cost of said multi -services as defined
above within the boundaries of such Unit, determined under the
provisions of Section 21-113 of this Ordinance, as said Board shall
determine to be necessary to provide such services.
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Section 21-115. Disposition of Proceeds from bevy of
Taxes for the Multi -Services as Defined Above. Those funds obtained
from the levy of a tax on all real and tangible property within
the boundaries of said Unit shall be maintained in a separate account
and used solely for the purpose of providing said multi -services
within the boundaries of such Unit only.
Section 21-116. This Ordinance is being enacted pursuant
to Florida Statutes 125.66(3) (1979), as an emergency measure during
a regular meeting of the Board of County Commissioners of Indian
River County, Florida after a waiver of notice requirements by
a unamimous vote of the membership of the Board of County Commissioners
of Indian River County, Florida, declaring that an emergency exists
and that the immediate enactment of said Ordinance is necessary.
Section 21-117. Severability. Should any section, clause,
word or provision of this Ordinance, or application of a provision
contained within this Ordinance, be declared by the County to be
unconstitutional or invalid, such declaration shall not affect
the validity of the Ordinance as a whole or any part thereof, other
than the part or application declared to be unconstitutional or
invalid.
This Ordinance was adopted this 13th day of August, 1980
and shall become effective as of the 14th day of August, 1980.
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINIAL ON FILE IN THIS
,FFICE.
FREDaaA�� WRIGHT, CLERK
BY .3r• D.C.
DA ESL
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