HomeMy WebLinkAbout1989-3311/13/89(J4)LECAL(WGCnhm)
ORDINANCE NO. 89- 33
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, CREATING THE ROSELAND ROAD
STREET LIGHTING MUNICIPAL SERVICE TAXING
UNIT; PROVIDING FOR THE CREATION OF THE
TAXING UNIT; PURPOSE; DETERMINATION OF
COST -OF -STREET -L-EGK FI. NG -SERV 1 -CE- OR- OTHE
APPROVED SERVICE; LEVY OF ASSESSMENTS,
ADOPTION OF BUDGET; EXEMPTION FROM
TAXATION OR ASSESSMENTS; DISPOSITION OF
PROCEEDS FOR THE DISTRICT FOR STREET
LIGHTING OR OTHER PURPOSES;
INCORPORATION IN CODE; SEVERABILITY; AND
EFFECTIVE DATE.
WHEREAS, the residents along Roseland Road have
requested that the County establish a mechanism for
providing street lighting service at crucial locations along
WHEREAS, the Board finds that the creation of a
municipal service taxing unit to raise funds through the
equitable assessment of property owners along Roseland Road
is the best available means of accomplishing the desired
goal; and
WHEREAS, provision of street lighting in the area
will further the safety, health, and well-being of all those
residing and owning property within the boundaries of the
district;
NOW, THEREFORE, BE IT ORDAINED by Indian River
County, Florida, through its Board of County Commissioners,
that:
Creation of the Roseland Road Street Lighting
Municipal Service Taxing Unit:
There is hereby established in Indian River County
the Roseland Road street lighting municipal service taxing
unit under the authority of, and with all those powers
conferred by, the Constitution of the State of Florida, and
Sections 125.01(q) and 125.01(r), Florida Statutes. The
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ORDINANCE NO. 89 -
real property included within the boundaries of this
municipal service taxing unit and subject to all provisions
hereof is described as follows:
All lands fronting on either side of
Roseland Road between Fleming Grant and
the West line of 0ld U.S. 1 (now Indian
River Drive), including all of the lands
East--o-f Avenue— Five— i -n -man Be-rgen—and
Hendry's Addition to Roseland, the plat
of which is recorded in Plat Book 3,
Page 39 of the Public Records of Indian
River County, EXCEPT Lots 10, 11 and the
Easterly part of Lot 9 in Block 1 of the
said plat.
All of Section 21 of Fleming Grant
EXCEPT—L6ts 17 (rough 20; ALSO EXCEPT
Tracts D, E, F and G in Riverwalk II,
the plat of which is recorded in Plat
Book 12, Page 36 of the Publ is Records
of Indian River County, Florida. ALSO
EXCEPT that parcel lying partly within
Tract A of the Van Bergen and Hendry's
Addition to Roseland, described as
Commence at a concrete monument on
Fleming Grant line marking the
Southeasterly corner of Lot 14 of Town
of Wauregan. Then run
N 260 28' 14" W 734,23 feet to POINT OF
BEGINNING. Then run
N 480 0.7' 19" W 145.0 feet. Then run
N 410 52' 41" E 230.0 feet to a
non -tangent, point on a circular curve,
said point bears S 671 48' 31" W
11,459.20 feet from radius point, said
point also lying on Westerly
right-of-way line of U.S. Highway No. 1,
said circular curve being concave to the
Northeast. Thence Southeasterly along
the West right-of-way of U.S. Highway
No, 1, traveling along said circular
curve for an arc distance of 202.94
feet, through a central angle of 011 00'
53". Then run
5-56-0 5-2-'-4-1"- 147 2 fe2fto—POfNT-OF
BEGINNING (O.R. Book 706, Page 1014).
ALSO EXCEPT any parcel lying between the
Easterly line of the present U.S.
Highway No. 1 and the Easterly I ine of
the said Section 21 of Fleming Grant.
SECT?ONrtr---urpose:
a. This municipal service taxing unit is created
for the purpose of providing street lighting at reasonable,
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ORDINANCE NO. 89 -
efficient, and proper locations, within the boundaries of
the unit, including the cost of engineering, construction,
maintenance, easement acquisition, and any necessary
supporting service or function related thereto, as may be
determined by the Board of County Commissioners, and for the
provision—of--such- fu-rtherer-vices--as—may be lawful-ly
authorized and determined by the Board from time to time.
b. This municipal service taxing unit may fund
all or any of the aforementioned services or improvements
through either current year funding, or tax anticipation or
multi-year notes or bonds, provided that any debt instrument
or obligation made must be repayable solely from the
revenues collected by the municipal service taxing unit
pursuant to the authority and means provided by this
ordinance.
SECTION III. Determination of Cost of Service:
The Board of County Commissioners shall determine
each year the estimated costs of providing street lighting
and—such nher services esthe County Commission may
provide, including capital and equipment improvements,
rentals and acquisitions, 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 IV. Levy of Assessment, Adoption of
Budget:
The Board of County Commissioners hereby
authorizes the levy of an assessment upon each tract,
parcel, or unit, within that area which is or shall be
receiving street lighting services or benefits within the
municipal sereic�ing unit creat hereby, wifh such
exceptions as are set forth in Section V below, The
assessment shall be based upon a per acre or part thereof
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ORDINANCE NO. 89-
basis for each parcel of land in the Roseland Road Street
Lighting District. The assessment 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—a3stssmen-t--sKa-N--])-e 1-ev-iad co-I-hec-ted-, r -em +ted to and
accounted for at the time and manner as for the assessment,
levy, collection, remittance, and accounting of taxes by the
Board as provided by law. The budget shall contain 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 III
hereof, as the Board shall determine to be necessary to
provide such services.
SECTION—V. Exemptions from Assessment:
The following lands are exempted from the
provisions of this section for the purposes of assessments
for street lighting benefits:
�a hose parts o -f --any p-Iat-tad aeeo-'dem
subdivision which lie within the corporate limits of any
municipality existing or hereafter created.
b. All lands owned and buildings operated by the
Indian River --County School_ District for the purposes of a
school for the education of the citizens of Indian River
County to the extent state law requires this exemption.
SECTION VI. Disposition of Proceeds from Levy of
Taxes:
Those funds obtained from the levy of an
assessment on all the taxable real property within the
boundary of said unit shall be maintained in a separate
account and used solely for the purpose of providing street
lighteng a�cn such of er ene t its ased termined by the Bow
of County Commissioners within the boundaries of said unit
only.
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j
ORDINANCE NO. 89- 33
SECTION VII. Incorporation in Code:
This ordinance shall be incorporated into the Code
of Ordinances of Indian River County 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 purposes.
SECTION VIII. Severability:
If any section- or if any Sent -once pa-ragraph-,
phrase, or word of this ordinance is for any reason held to
be unconstitutional, inoperative or void, such holding shall
not affect remaining portions of this ordinance; and it
shall be construed to have been the legislative intent to
pass the ordinance without such unconstitutional, invalid or
inoperative part.
SECTION IX. Effective Date.
This ordinance shall become effective upon receipt
from the Secretary of State of the State of Florida of
official acknowledgment that this ordinance has been filed
with the Department of State.
Approved and adopted by t -he Board- o -f County
Commissioners of Indian River County, Florida, on this 12th
day of December 1989
This ordinance was advertised in the Vero Beach
Press -Journal on the 24th day of November , 1989, for a
public hearing to be held on the 12th day of December
1989, at which time it was moved for adoption by
Commissioner Scurlock seconded by Commissioner
Eggert and adopted by the following vote:
Chairman Gary C. Wheeler Aye
Vice Chairman Carolyn K. Eggert Aye
Commissioner Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commi-ss4o-ne-r Don L: Scurlock, Jr. Armee
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ORDINANCE NO. 89- 33
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
Acknowledgment by the Department of State of t11 .S'tate of
--
Flor a -da, this—18thday of --December 189
Effective date: Acknowledgment from the Department of State
received on this 26thday Of December 19 9, at g;pp
a.m./p.m. and fiITT-1i n the Officeo � t-Fj'— rk othe Board
of County Commissioners of Indian River County, Florida.
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�TREETI.,IFItT�1G-I3I
ESTIMATED FIRST YEAR
LIGHTS
$7,375-00---
2,375 00LEGAL
LEGALADS
$25.00
G & A CHARGE
$100.00
CONTINGENCY
$150.00
FIRST YEAR (20% ADDITIONAL)
$560.00
COMMISSIONS AND FEES
$150.00
TOTAL
$3,360:00:;
$3,360:00/638 PARCEL/ACRES = $5.27 PER
ROSELAND STREETLIGHTING DISTRICT
ESTIMATED SECOND YEAR
.2;750.00/638 PARCEL/ACRES- $4.31 PER YEAR
D:ILOTUMSTRUGHMOSUND
REVISED: 12-4-89
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