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HomeMy WebLinkAbout1984-71INDIAN RIVER COUNTY ORDINANCE NO. 84-71 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING THE VERO HIGHLANDS MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR THE CREATION OF THE TAXING UNIT; PURPOSE; DETERMINATION OF COST OF STREET LIGHTING SERVICE OR OTHER APPROVED SERVICE; LEVY OF TAXES, ADOPTION OF BUDGET; EXEMPTION FROM TAXATION OR ASSESSMENTS; DISPOSITION OF PROCEEDS FROM THE DISTRICT FOR STREET LIGHTING OR OTHER PURPOSES; INCORPORATION IN CODE; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the residents of the Vero Highlands Subdivision, together with the Developer, General Development Corporation, have requested that the County establish a mechanism for providing street lighting service at crucial locations throughout the subdi- vision; and WHEREAS, the Board finds that creation of a municipal service taxing unit to raise funds through the equitable assess- ment of property owners throughout the subdivision is the best available means of accomplishing the desired goal; and WHEREAS, provision of street lighting to 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 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 CREATION OF MUNICIPAL SERVICE TAXING UNIT There is hereby established in Indian River County the Vero Highlands Area Municipal Service Taxing Unit under the authority of, and with all those powers conferred by, the Constitution of the State of Florida and Florida Statutes §125.01(q), (r). The real property included within the boundaries of this Municipal Service Taxing Unit and subject to all provisions hereof is described as follows: All that certain property lying within the following subdivision plats on file in the Public Records of Indian River County, Florida at the Plat Book and Page Numbers indicated below: 1. Vero Beach Highlands Subdivision Unit Number 1, Plat Book 5, Page 29 -1- 2. Vero Beach Highlands Subdivision Unit Number 2, Plat Book 5, Pages 77 and 78, and Plat Book 6, Page 70 3. Vero Beach Highlands Subdivision Unit Number 3, Plat Book 8, Pages 37, 41, and 41A 4. Vero Beach Highlands Subdivision, Unit Number 4, Plat Book 8, Page 38 5. Vero Beach Highlands Subdivision Unit Numer 5, Plat Book 8, Pages 56 through 56E; all said land lying and being within Indian River County, Florida. SECTION 2 PURPOSE A. This Municipal Service Taxing Unit is created for the purpose of providing street lighting at all reasonable, efficient, and proper locations, within the boundaries of the unit, including the cost of engineering, construction, main- tenance, easement acquisition, and any necessary supporting service or function related thereto, all as may be determined by the Board of County Commissioners, and for the provision of such further services as may be lawfully 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, tax anticipation or multi-year notes or bonds, provided 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 3 DETERMINATION OF COST OF SERVICE The Board of County Commissioners shall determine each year the estimated cost of providing street lighting and such other services as the County Commission may provide, including capital and equipment improvements, rentals and acquisitions, and operating and maintenance costs and expenses, for the insuing County fiscal year for that area which is or shall be receiving street lighting or other benefits provided by this unit within the -2- boundaries of the unit. SECTION 4 LEVY OF TAXES, ADOPTION OF BUDGET The Board of County Commissioners hereby authorizes the levy of a tax upon each tract, parcel, or unit, whether owned in conjunction with land or not, otherwise subject to taxation, within that area which is or shall be receiving street lighting services or benefits within the Municipal Service Taxing Unit created hereby, with such exceptions as are set forth in Section 5 below. The tax shall be equal and uniform in amount upon each acre of land assessed and the minimum tax for any given tract, parcel or unit 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 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 3 hereof, as the Board shall determine to be necessary to provide such services. EXEMPTIONS FROM ASSESSMENT 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 subdivision which lie within the corporate limits of any municipality existing or hereafter created. B. All lands within the district owned by any church or church denomination that are held and used for the holding of church services. C. All lands owned and occupied by buildings owned and operated by the Indian River County School District for the pur- poses of operating a school for the education of the citizens -3- of Indian River County. SECTION 6 DISPOSITION OF PROCEEDS FROM LEVY OF TAXES Those funds obtained from the levy of a tax 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 lighting and such other benefits as determined i by the Board of County Commissioners within the boundaries of said unit only. INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the Code of Laws and 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 purpose. If any section, subsection, sentence, part thereof, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the 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 9 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 Depart- ment of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 10th day of October , 1984. -4- BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By L— c Don C. Scu 1 ck, Jr. Chairman Acknowledgment by the Department of State of the State of Florida this 17th day of October , 1984. Regarding Effective Date: Acknowledgment from the Department of State received on this 19th day of October , 1984, at 11:00 A.M./P.M. and filed in the Office of the Clerk of the Board of -County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFPJCIENCY. By- ,WoArity Attorney ATTEST By: Freda Wright, C1 k of Circuit Court -5-