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HomeMy WebLinkAbout1980-05ORDINANCE NO. 80-5 _ AN ORDINANCE CREATING THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT THROUGH REFERENDUM ELECTION; AN INDEPENDENT SPECIAL DISTRICT WITHIN THE DEFI- NITION OF ARTICLE VII, SECTION 9 (b), CHAPTERS 218 and 125, FLORIDA STATUTES; DEFINING THE BOUNDARIES THEREOF; AUTHORIZING THE SAID FIRE DISTRICT TO ASSUME CERTAIN FIRE PREVENTION AND CONTROL RESPONSIBILITIES AT PRESENT VESTED IN THE BOARD OF COUNTY COMMISSIONERS AND IN THE MUNICIPALITIES SITUATE WITHIN THE BOUNDARIES OF THE SAID TAXING UNIT; PROVIDING FOR THE APPOINT- MENT OF A DISTRICT BOARD OF FIRE COMMISSIONERS TO BE COMPRISED OF THE BOARD OF COUNTY COthMISSIONERS OF INDIAN RIVER COUNTY; SPECIFYING THE RIGHTS AND DUTIES OF THE SAID DISTRICT BOARD OF FIRE COM- MISSIONERS; AUTHORIZING THE LEVY AND COLLECTION OF A TAX BY THE SAID FIRE DISTRICT FOR THE SUPPORT THEREOF AND NOT TO EXCEED ONE-HALF (1/2) MILL OF THE ASSESSED VALUATION OF ALL REAL AND TANGIBLE PROPERTY WITHIN THE BOUNDARIES THEREOF; PROVIDING FOR THE ADOPTION OF A BUDGET AND ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, It is the findings of the Board of County Com- missioners of Indian River County that there exists a critical need for a uniform and adequate plan of fire prevention and control within the northern part of the said County, as such geographical area is hereinafter defined; and WHEREAS, Indian River County is creating a County -Wide Fire Protection System of which this Special District shall be an integral part along with rights accruing to Indian River County from those agreements dated November 5, 1975 and January 5, 1977 between Indian River County and the Town of Indian River Shores; and WHEREAS, the City Council of the City of Fellsmere and the City Council of the City of Sebastian, Indian River County, have expressed their desire to this Board of County Commissioners to join with it so as to create a special Fire District within the northern part of the aforesaid County, and including the corporate limits of the said municipalities, and have further agreed to express their intent by ordinance that, if such a District should be created, all fire related equipment owned by such municipalites will be transferred to the Fire District without charge and any owned fire stations would be leased to the District without charge; 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 northern part of Indian River County, while not reducing the current level of such prevention and protection services available to residents of the municipalities of Fellsmere and Sebastian; and WHEREAS, pursuant to Section 125.01 (5) (a), Florida Statutes, 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 boards approve such creation by ordinance; and WHEREAS, the governing body of such a special district may be comprised of the Board of County Commissioners of Indian River County; and 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 218, Florida Statutes, the Special District is authorized, upon the approval of the voters within such a special district in a referendum election to levy a millage assessment upon real and tangible property within the boundaries of such a special district for the support thereof; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY 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 IV, is hereby adopted as follows: ARTICLE. IV SECTION 21-33. 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 Sebastian 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 SECTION 21-34. Referendum Election Required. Notwith- standing any provision to the contrary herein, this Ordinance shall not take effect until a referendum election shall have been held wherein the voters resident within the said Fire District have authorized the assessment of a millage levy not in excess of one-half (1/2) mill by the governing board of the said District upon all real and tangible 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. Such election shall be held on March 11, 1980. SECTION 21-35. Board of Fire Commissioners; Method of Appointment; Duties. Pursuant to Chapter 125.01 (5) (b),Florida Statutes, the governing body of the special District shall be comprised of the five (5) County Commissioners of Indian River County who shall be referred to as the District Board of Fire Commissioners. Annually, and concurrently with the organizational meeting of the Board of County Commissioners, the District Board shall meet and organize, electing a chairman and vice chairman. 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 with applicable County ordinances and rules, 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 part of the County -Wide Fire Protection System 1 A4 k 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 Sebastian 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 SECTION 21-34. Referendum Election Required. Notwith- standing any provision to the contrary herein, this Ordinance shall not take effect until a referendum election shall have been held wherein the voters resident within the said Fire District have authorized the assessment of a millage levy not in excess of one-half (1/2) mill by the governing board of the said District upon all real and tangible property within the boundaries thereof and for its support, pursuant to Section 9 (b), Article VIZ of the Florida Constitution of 1968, as amended, and Section 125.01 (5) (c), Florida Statutes. Such election shall be held on March 11, 1980. SECTION 21-35. Board of Fire Commissioners; Method of Appointment; Duties. Pursuant to Chapter 125.01 (5) (b),Florida Statutes, the governing body of the special District shall be comprised of the five (5) County Commissioners of Indian River County who shall be referred to as the District Board of Fire Commissioners. Annually, and concurrently with the organizational meeting of the Board of County Commissioners, the District Board shall meet and organize, electing a chairman and vice chairman. 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 with applicable County ordinances and rules, 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 part of the County -Wide Fire Protection System of which this ordinance is a part. The Board of Fire Commissioners shall establish standards and policies consistent with County 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 of otherwise, construct and dispose of facili- ties and equipment; hire and fire personnel; procure applicable and appropriate insurance protection for personnel, facilities and equi- ment; establish personnel and operating policies, consistent with that adopted by the Board of County Commissioners of Indian River County, Florida; develop emergency and catastrophic plans of action; develop training and fire prevention plans, employ professional personnel; borrow and expend money and issue bonds, revenue certi- ficates and other obligations of indebtedness as may be allowed by law both now and in the future; coordinate activities with existing volunteer organizations and promote the development and operation of volunteer fire fighting organizations within the District through an Advisory Committee, including but not limited to the President and Chief of each volunteer organization, and other appropriate means, and, otherwise provide 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. SECTION 21-36. 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 property included within the District not to exceed one-half (1/2) 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. As provided by law, each year the Board of Fire Commissioners, after receiving the rec- ommendations of the Advisory Committee, shall prepare and adopt a budget and shall, by resolution, 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 provided 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 provided by law. Said budget as above referred, shall con- tain all of the estimated costs of providing fire protection and control services within the boundaries of said Fire District, as authorized by this Ordinance 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 main- tained in special accounts in the name of said District by the District Board of Fire Commissioners for the purpose of providing fire protection and control services, as outlined herein, within the boundaries of said Fire District. SECTION 21-37. Transfer Provisios. All property and equipment held by the various volunteer organizations and municipalities shall be deeded or transferred to the Fire District. Any liens outstanding 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 munici- palities shall lease the various fire stations to the Fire District upon mutually acceptable terms. SECTION 21-38. Referendum. The Board of County Commissioners of Indian River County, Florida, does hereby authorize and direct the holding of a Referendum Election in the Fire District as described herein on the 11th day of March, 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: Mark a cross (x) mark in the square at the RIGHT for the Proposal or against the Proposal. PROPOSAL Shall there be created a North Indian River County Fire District, which will be created in: 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, Florida. as provided by Ordinance No. 80-5 with authority to levy an ad valorem tax not to exceed one-half (1/2) mills per annum on each dollar valuation of taxable property within said District to cover the expenses of creation, maintenance and operation of said District. FOR FIRE TAXING DISTRICT AND TAX LEVY AGAINST FIRE TAXING DISTRICT AND TAX LEVY Should the majority of the electors 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 immediately become effective. Should the majority of the electors at such election vote against the creation of the Fire District and the tax levy and upon the certification of such results,this ordinance shall become a nullity. SECTION 21-39. Repeal. Any ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 21-40. 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 21-41. The Board of County Commissioners of Indian River County shall have the power to merge or abolish this Special District. SECTION 21-42. This Ordinance may be amended as provided by law. SECTION 21-43. 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 within ten (10) days after adoption of this ordinance, and shall take effect upon certification of the referendum election results certifying that the majority of the electors at such election voted for the creation of the Fire Taxing District and the tax levy. ADOPTED this 6th DAY OF February , 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 L ��" C'OI•I,4 �� _ D.C. DA eZ-P-AD