HomeMy WebLinkAbout1984-81ORDINANCE NO. 84-81
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA CREATING THE VERO LAKE
ESTATES AREA MUNICIPAL SERVICE TAXING UNIT; PROVIDING
FOR THE CREATION OF THE MUNICIPAL SERVICE TAXING UNIT;
PURPOSE; DETERMINATION OF COST OF SERVICE; PROPERTY
OWNER ADVISORY GROUP; LEVY OF TAXES, ADOPTION OF
BUDGET; DISPOSITION OF PROCEEDS FROM THE LEVY OF
TAXES; INCORPORATION IN CODE; SEVERABILITY; AND
EFFECTIVE DATE.
WHEREAS, the Vero Lake Estates Area of the County is
comprised of thousands of platted homesites for which adequate
roadway and drainage improvements have never existed and for which
substantial upgrading is vitally necessary; and
WHEREAS, the level of services required to upgrade
existing conditions to an acceptable state and to provide
continual maintenance thereof greatly exceeds the ability of
County forces to provide such services, when considered against
general County ad valorm dollars presently generated by the
properties in the area; and
WHEREAS, many residents of the Vero Lake Estates area
have expressed a willingness to fund the necessary improvements
through a specially established MSTU; and
WHEREAS, the Board finds that establishment of a
Municipal Service Taxing Unit to fund the desired additional
improvements will further the interest of the public, and property
owners and residents of the Vero Lake Estates Area.
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 Lake Estates 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:
A. 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:
1. Vero Lake Estates Unit 1 Plat Book 4 page 41
2. Vero Lake Estates Unit 2 Plat Book 4 Page 52
3. Vero Lake Estates Unit 3 Plat Book 4 Page 59
4. Vero Lake Estates Unit 4 Plat Book 4 Page 88
5. Vero Lake Estates Unit 5A Plat Book 5 Page 3
6. Vero Lakes Estates Unit 5G Plat Book 5 Page 71
7. Vero Lake Estates Unit A Plat Book 4 Page 70
8. Vero Lake Estates Unit A, Replat-Lots 5 to 6G Plat
Book 5 Page 88
9. Vero Lake Estates Unit B Plat Book 4 page 93
10. Vero Lake Estates Unit C Plat Book 5 Page 31
11. Vero Lake Estates Unit D Plat Book 5 Page 38
12. Vero Lake Estates Unit E Plat Book 5 Page 51
13. Vero Lake Estates Unit F Plat Book 5 Page 55
14. Vero Lake Estates Unit G Plat Book 5 Page 59
15. Vero Lake Estates Unit H Plat Book 5 Page 68
16. Vero Lake Estates Unit H-1 Plat Book 5 Page 92
17. Vero Lake Estates Unit H-2 Plat Book 6 Page 4
18. Vero Lake Estates Unit H-3 Plat Book 6 Page 18
19. Vero Lake Estates Unit H-4 Plat Book 6 Page 31
20. Vero Lake Estates Unit I Plat Book 5 Page 69
21. Vero Lake Estates Unit J Plat Book 5 Page 76
22. Vern Lake Estates Unit u Plat Book 5 Page 003
23. Vero Lake Estates Unit L Plat Book 5 Page 86
24. Vero Lake Estates Unit M Plat Book 5 Page 87
25. Vero Lake Estates Unit N Plat Book 6 Page 19
26. Vero Lake Estates Unit O Plat Book 6 Page 22
27. Vero Lake Estates Unit P Plat Book 6 Page 30
28. 1.7ero Lake Estates Unit Q Plat Book 6 Page 40
29. Vero Lake Estates Unit R Plat Book 6 Page 51
30. Vero Lake Estates -Oak Lake Addition Plat Book 7
Page 26;
B. Together with all land lying in the Southwest 1/4 of
the Southwest 1/4 of Section 21, together with the North 1/2
of the Northwest 1/4 of the Northwest 1/4 of Section 28,
all located in Township 31 South, Range 38 East, Indian
River County, Florida;
C. The South 1/2 of the Northwest 1/4 of the
Northwest 1/4 and the Southwest 1/4 of the Northwest 1/4
of Section 28, Township 31 South, Range 38 East, Indian
River County, Florida.
D. Commencing at the Northeast corner of the
Southwest 1/4 of the Southeast 1/4 of Section 20,
Township 31 South, Range 38 East, run South 00 32' 37"
West, along the East line of aforesaid Southwest 1/4 of
the Southeast 1/4, 299.15 feet to the Point of
Beginning. From the Point of Beginning, continue South
00 32' 37" West, 1032.86 feet to the Northeast corner of
the Northwest 1/4 of the Northeast quarter of Section
29, Township 31 South, Range 38 East; thence run South
00 39' 37" West, along the East line of aforesaid
Northwest 1/4 of the Northeast 1/4, 641.11 feet; thence
North 890 15' 23" West. 932.47 feet to the East right
of way of Interstate Highway 95; thence following said
East right of way, run North 020 59' 28" East, 405.84
feet; thence North 08° 33' 06" East, 709.02 feet; thence
North 100 46' 50" East, 574.76 feet; thence leaving
aforementioned East right of way, run South 890 15' 23"
East, 715.52 feet to the Point of Beginning. All of the
above situate in Indian River County, Florida and
containing 32.55 acres, more or less.
Less and except, however, from the above-described
properties any and all road right of way existing of record for
County Roads 510 and 512.
SECTION 2
PURPOSE
A. This Municipal Service Taxing Unit is created for
the purposes of funding an analysis of the existing drainage and
transportation system within the boundaries of the unit; identifi-
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cation of improvements necessary to provide optimum drainage of
all rights of way and of the properties within the unit;
identification of thoroughfares and streets requiring improvement,
both to compliment drainage improvements and to promote efficiency
in transportation and roadway maintenance; funding the acquisition
of easements, rights of way, or other properties necessary for the
required improvements; funding the engineering, construction, and
maintenance of those improvements deemed necessary or desirable;
and to fund all reasonable expenses and services related to any of
the foregoing activities.
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 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 --PROPERTY
OWNER ADVISORY GROUP
A. The Board of County Commissioners shall determine
each year the estimated cost of providing those services or
improvements contemplated within the unit boundaries for the
ensuing County fiscal year.
B. in determining hnth 1 -ha 1 axral And cost of s—ri nes
for any given year, the Board shall consider the recommendations
of an advisory group composed of seven (7) persons who are the
owners of property within the boundaries of the unit. The
advisory group members shall be appointed at large upon motion of
the Board of County Commissioners from a list of interested
individuals or nominees. Advisory group members shall serve at
the pleasure of the Board of County Commissioners. The advisory
group shall adopt its own procedures for operation, but in any
event, all official action taken or recommendations made shall be
by affirmative vote of no less than a majority of the full member-
ship of the group. The advisory group shall offer it recommenda-
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tions in writing to the Board from time to time through the office
of the Public Works Director. All advisory group activities shall
be subject to the Florida Sunshine Law, Florida Statutes 5286.001.
The Board of County Commissioners shall have sole discretion to
determine the final level of funding or services for any given
fiscal year.
SECTION 4
LEVY OF TAXES, ADOPTION OF BUDGET
A. The Board of County Commissioners hereby authorizes
a levy of ad valorem taxes under the authority of the second
sentence of Section 9 (b) Article VII of the Constitution of the
State of Florida and Florida Statutes §125.01 (q) in an amount not
to exceed 2.0 mills on all real and tangible property within the
Vero Lake Estates Area Municipal Service Taxing Unit as defined
under this ordinance for any or all of those purposes above
described.
B. Pursuant to said authority, the Board hereby further
authorizes the levying and collection of service charges or
special assessments in a uniform manner for those Municipal
Service Taxing Unit expenditures which are determined to provide a
reasonably uniform special benefit to all those properties within
the taxing unit against which such service charge or special
assessment is made.
C. Service charges, special assessments, and ad
valorem taxes 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.
D. All service charges, special assessments, and ad
valorem taxes authorized under this section shall be assessed,
levied, collected, remitted to and accounted for at the same time
and in the same manner as the assessments, levies, collection, and
remittance of taxes to the General Fund by the County Commission
as provided by law. The budget for this taxing unit in each year
shall contain that portion of the estimated cost of providing
services hereunder, including debt service, for which costs will
be incurred in the given year.
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SECTION 5 •
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 Vero Lake Estates
Municipal Service Taxing Unit shall be maintained in a separate
account and used solely for the purpose of providing those
services set forth above.
SECTION 6
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.
SECTION 7
SEVERABILITY
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
SECTION 8
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 21St day of
November , 1984.
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BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY 2).r. C �...��
DON C. SCURLOCK, JR.
Chairman
Acknowledgment by the Department of State of the State of Florida
this 3rd day of December , 1984.
Regarding Effective Date: Acknowledgment from the Department of
State received on this 6th day of December , 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 SUFFICIENCY.
By N
County Attorney
ATTES�T 11
By:/','W LL/l� 1 ,
Freda Wright, C erc of
Circuit Court
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