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Home My WebLink About1982-15INDIAN RIVER COUNTY ORDINANCE NO. 82-15 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CREATING THE ROCK RIDGE MUNICIPAL SERVICE TAXING UNIT, PROVIDING FOR TITLE; DECLARATION OF INTENT, CREATION OF DISTRICT; DETERMINATION OF COST OF SERVICE, LEVY OF TAXES, ADOPTION OF BUDGET; EXEMPTION FROM ASSESSMENTS; DISPOSITION OF PROCEEDS FROM THE LEVY OF TAXES FOR STREET LIGHTING AND OTHER PURPOSES; INCLUSION IN -THE CODE; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County by Ordinance No. 72-2 created the Rock Ridge Subdivision Street Lighting District for the purpose of providing street lighting for the residents of the district, and WHEREAS, the district created in 1972 allowed the dis- trict to levy an amount not to exceed 3 mills per dollar of assessed value in the district, and WHEREAS, the Board of County Commissioners of Indian River County now desires to establish a Municipal Service Taxing Unit to provide services and provide a method of assessing and distributing the cost of the service so that the tax shall be equal and uniform in amount upon each acre of land assessed and that the minimum tax shall be not less than the one acre rate. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that; SECTION 1. TITLE This Ordinance shall be known as the Rock Ridge Municipal Service Taxing Unit Ordinance. SECTION 2. DECLARATION OF INTENT, CREATION OF DISTRICT The County Commission hereby exercises its authority pursuant to the constitution of the State of Florida and Florida Statutes §125.01 to create the Rock Ridge Municipal Service Taxing Unit which shall have the following boundaries; all that portion of Indian River County, Florida, outside the boundaries of any incorporated municipality as follows; Rock Ridge Subdivision Unit No. 1, Plat Book 4, Page 23 Rock Ridge Subdivision Replat Unit No. 2, Plat Book 4, Page 50 Rock Ridge Subdivision Unit No. 3, Plat Book 4, Page 64 Rock Ridge Subdivision Unit No. 4, Plat Book 5, Page 7 Rock Ridge Subdivision Unit No. 5, Plat Book 5, Page 2 Rock Ridge Subdivision Unit No. 6, Plat Book 5, Page 67 Rock Ridge Subdivision Unit No. 7, Plat Book 5, Page 81 Rock Ridge Subdivision Unit No. 8, Plat Book 6, Page 53 0C Rock Ridge Subdivision Unit No. 9, Plat Book 6, Page 23 as shown in the Public Records of Indian River County, Florida. SECTION 3. DETERMINATION OF COST OF SERVICE The Municipal Service Taxing Unit created hereunder is for the purpose of providing street lighting within the boundaries of the unit and such further services as the Board of County Commissioners may determine from time to time. The Board of County Commissioners of Indian River County, Florida shall deter- mine each year the estimated cost of providing street lighting and such other services as the County Commission may provide, includ- ing capital and equipment cost improvements, rentals and acquisi- tions, and operating and maintenance costs and expenses, for the ensuing County fiscal year for that area which is or shall be receiving street lighting or other benefits provided by this unit within the boundaries of the unit. SECTION 4. LEVY OF TAXES, ADOPTION OF BUDGET The Board of County Commissioners of Indian River County, Florida, hereby authorizes the levy of a tax upon each tract or parcel, subject to taxation, for that area which is or shall be receiving street lighting service within the Municipal Service Taxing Unit created under the provisions of this article with such exceptions as are set forth in Section 5 hereof. The tax shall be equal and uniform in amount upon each acre of land assessed and the minimum tax shall be not less than the one -acre rate. The 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 manner as the assessment, levy, collection, remittance and accountability of taxes by the Board as provided by the law. The budget shall con- tain all or such portion of the estimated cost of providing street lighting and other services within the boundaries of the unit, as determined under the provisions of Section 3 hereof, as the Board shall determine to be necessary to provide such services. -2- SECTION 5. EXEMPTION FROM ASSESSMENTS The following lands are exempted from the provisions of this article for the purposes of assessments for street lighting benefits. (a) Those parts of any platted and recorded subdivi- sion which lie within the corporate limits of any municipality in Indian River County. (b) All land owned and operated under the jurisdiction of any community association. (c) All lands within the district owned by any church or church denomination that is used for the holding of church ser- vices. (d) All lands owned and occupied by buildings owned and operated by the Indian River County Board of Public Instruction for the purposes of operating a school for the education of the citizens of Indian River County. SECTION 6. DISPOSITION OF PROCEEDS FROM THE LEVY OF TAXES FOR STREET LIGHTING AND OTHER PURPOSES Those funds obtained from the levy of a tax on all the real and taxable property within the boundary of said unit shall be maintained in a separate account and used solely for the pur- pose of providing street lighting and such other benefits as determined by the Board of County Commissioners within the boun- daries of said unit only. SECTION 7. INCLUSION IN CODE The provisions of this ordinance shall become and be made part of the Code of Laws and Ordinances of Indian River County, Florida, and that the sections of this ordinance may be renumbered or relettered to accomplish such intent; and the word "ordinance" may be changed to "section", "article" or other appro- priate word. SECTION 8. SEVERABILITY If any section, subsection, sentence, clause or provi- sion of this ordinance is held invalid, the remainder of the ordi- nance shall not be affected; and it shall be deemed to be the intent of the Board of County Commissioner: that the remaining valid parts of this ordinance shall stand alcae and on their own. -3- SECTION 9. EFFECTIVE DATE The provisions of this ordinance shall be effective upon receipt from the Florida Department of State of official acknowl- edgment that this ordinance has been filed with the State of Florida. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 4th day of August, 1982. INDIAN RIVER COUNTY BY ITS BOARD OF COUNTY COMMISSIONER By: G� DON C. SCURLOCK, JR. Chairman Attest:—/Ck FREDA WRIGHT, C erk Acknowledgment by the Department of State of the State of Florida this //-Zk day of , 1982. Effective Date: Acknowledgment from the Department of State received on this l,'Y *k day of , 1982, at A.M./P.M. and filed in the officeof0the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED S TO FORM AND LEGAL ICIE Y. By G Y . BRAND NBURG, County Attorney STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS 15 A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FREPA WRIGHT, CLERK BY D.C. DATEi — -4-