HomeMy WebLinkAbout1983-21INDIAN RIVER COUNTY ORDINANCE NO. 83-21
AN ORD):NANCE OP THE HOARD OP COUNTY COMMISSIONERS
OF' INDIAN RIVER COUN•'Y, FLORIDA CREATING THE SOUTH
BEACH RECREATION PATH MUNICIPAL SERVICE TAXING UNIT
PROVIDING rOR CREATION OF THE MUNICIPAL SERVICE
TAXING UNIT; DETERMINATION OF COST OF SERVICE; LEVY
OF TAXES, ADOPTION OF BUDGET; DISPOSITION OF PROCEEDS
FROM LEVY OF TAXES; INCORPORATION IN CODE; SEVERABILITY;
AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Indian
River County has reviewed the pedestrian, bicycle and motor
vehicle system available to individuals living on the southern
portion of the barrier island in Indian River County, and
WHEREAS, the County Commission has determined at the
request of residents of the area that a recreational path is
necessary for the exclusive use of pedestrians, bicyclists and
joggers to prevent safety hazards.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNT.'
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1
CRE_ ICN OF MUNICIPAL SERVICE TAXING UNIT
There is hereby created in Indian River County a South
Beach Recreation Path Municipal Service Taxing Unit under the
authority of the State of Florida Constitucion and Florida
Statutes §125.01 (q). The boundary of said Municipal Servi-e
Taxing Unit shall be as follows:
Beginning at the interseotion of the 3outh City Limits
of the City of Vero Beact'and the 13as'_ern boundary of
the State of Florida; thence South and Easterly along
the East boundary of the State of Florida to the South
:Line of Government. Lot 2, Section 7.7, Township 33 South,
Range 40 East; thence run West along _he SOLth lines of
Government Lot 2, Section 27 and Government Lot 2,
Section 28, Township 33 South, Range 40 East to the Fast
bank of t;ie Indian River; thence run Northerly
meandering along the East bank of the Indian River to
the Southern boundary of the City of Vero Beach,
Florida; thence run ;Easterly on courses and dimensions
along the South City Limits to the Point of
Beginning.
SECTION 2
DETERMINATION OF COST OF SERVICE
The Municipal Service Taxing Unit is created for the
purpose of designing a South teach Recreation Path, acquiring
necessary right: -of -way for the construction of the recreation
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path, construction of the recreation path and maintenance of the
recreation path. The Board of County Commissioners of Indian
River County, Florida, shall determine each year the estimated
cost of providing the recreation path, including capital and
equipment, improvements, acquisition of land, and maintenance cost
and expenses for the ensuing County fiscal year within the
boundaries of the taxing unit.
SECTION 3
LEVY OF TAXES, ADOPTION OF BUDGET
The Board of County Commissioners of Indian River
County, Florida hereby expresses its intent to authorize a levy of
a tax under the authority of the second sentence of Section 9 (b),
Article Vii of the State of Florida Constitution and Florida
Statutes §125.01 (q) in an amount not to exceed 1.5 mils on all
real and tangible property within the South Beach Recreation Path
Municipal Service Taxing Unit as defined under this ordinance for
the purpose of providing a bicycle and pedestrian transportation
network within the boundaries of said unit. Tax authorized by
this section shall be levied and a budget prepared and adopted by
the County Commission at the same time and in the same manner as
the Board prepares and adopts its annual budget and levies taxes
as provided by law. All taxes under this section shall be
assessed, levied, collected, remitted to and accounted for at the
same time and manner as the assessments, levies, collection, and
remittance of taxes of the general fund by the County Commission
as provided by law. The budget for this taxing unit in each year
shall contain such portion of the estimated cost of providing a
bicycle and pedestrian transportation network within the
boundaries of said unit as determined by the Board of County
Commissioners to be necessary to provide the service within a
reasonable time.
SECTION 4
DISPOSITION OF PROCEEDS FROM LEVY OF TAXES
All funds obtained by the levy of a tax on the real and
tangible property within the boundaries of the South Beach
Recreation Municipal Service Taxing Unit shall be maintained in a
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separate account and used solely for the purpose of providing a
bicycle and pedestrian transportation network within the
boundaries of the taxing unit.
SECTION 5
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated
into the County Code 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 intentions.
SECTION 6
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be unconstitu-
tional, inoperative or void, such holdings shall not affect the
remaining portions hereof and it shall be construed to have been
the legislative intent to pass this ordinance without such uncon-
stitutional, invalid or inoperative part.
SECTION 7
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 15th day of
June, 1983.
BOARD OF COUNTY COMMISSIONERS
OF WNIVR/COUNTY
By 1;
RTCAARD N, BIRD
Chairman
Acknowledgment by the Department of State of the State of Florida
this 27th day of June , 1983.
Effective Date: Acknowledgment from the Department of State
received on this 6th day of July , 1983, at 10,00
_A&./P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
srr:Te OF FL O:IDA
P
V S F D I;.;.: I I,;v`z COUNTY
FF IE ZRECT COPY OF
M. BR DENBU , County Attorney _ ..�_A! ON FILE IN THIS
FREDA WRIGHT, CLERK
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DATE ( - 404 - t?_3