HomeMy WebLinkAbout1980-25INDIAN RIVER COUNTY ORDINANCE NO. 80-25
AN ORDINANCE CREATING THE WEST INDIAN RIVER COUNTY
FIRE PROTECTION MUNICIPAL SERVICE TAXING UNIT,
DEFINING THE BOUNDARIES OF SAID TAXING UNIT
AUTHORIZING THE LEVY BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA OF
A TAX NOT TO EXCEED THREE (3) MILLS ON ALL THE
REAL AND TANGIBLE TAXABLE PROPERTY WITHIN SAID
TAXING UNIT, PROVIDING FOR THE BUDGET AND ASSESS-
MENT, LEVYING AND COLLECTION OF SUCH TAXES WITHIN
SAID TAXING UNIT, PROVIDING FOR INTERLOCAL
AGREEMENTS WITH MUNICIPALITIES, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Florida Statutes, Section 125.01, (1), (q) establishes
the power of a non -chartered county to levy ad valorem taxes within
the constitutional limits fixed for municipal purposes within a
municipal service taxing unit established on properties lying within
the unincorporated areas of Indian River County; and
WHEREAS, Section 125.01, (1), (q), Florida Statutes grants
the Board of County Commissioners of a non -charter county, the
power to establish a municipal taxing unit for any part or all
of the unincorporated areas of the County within which may be provided
fire protection from funds derived from taxes within such unit
only;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CO:-1fISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. A new Ordinance of the Code of Ordinances of
Indian River County, Florida, to be designated as Chapter 21, Article
XII, is hereby adopted to read as follows:
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SECTION 21.101. Fire Protection Taxing Unit. There is
hereby created a West Indian River County Fire Protection Municipal
Service Taxing Unit under the authority of Section 125.01, Florida
Statutes. The boundaries of the West Indian River County Fire
Protection Municipal Service Taxing Unit shall be that portion
of Township 31 South, lying west of lateral "U" and that portion
of Township 32 South and Township 33 South, lying west of Interstate
Highway I-95, all lying and being within Indian River County, Florida.
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SECTION 21.102. Determination of Cost of Service. Said
Municipal Service Taxing Unit is created for the purpose of providing
fire protection within the boundaries of said Unit. The Board
of County Commissioners in Indian River County, Florida, shall
determine each year the cost of providing fire protection, including
capital and equipment improvements, rentals and acquisitions, operating
and maintenance costs and expenses, for the ensuing County fiscal
year within the boundaries of said Unit.
Section 21-103. Levy of Taxes, Adoption of Budget. The
Board of County Commissioners of Indian River County, Florida,
hereby authorizes a levy of tax not to exceed three (3) mills on
all real and tangible property within said West Indian River County
Fire Protection Municipal Service Taxing Unit created under the
provisions of this Ordinance for the purpose of providing fire
protection within the boundaries of said unit. Said 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, be remitted to
and accounted for at the time and in the manner as the assessments,
levies, collections, remittance and accountability of taxes by
said Board as provided law. Said budget shall contain all or such
portions of the estimated cost of providing fire protection within
the boundaries of such unit, determined under the provisions of
Section 21-102 of this Ordinance, as said Board shall determine
to be necessary to provide such services.
Section 21-104. Disposition of Proceeds from Levy of Taxes
for Fire Protection. Those funds obtained from the levy of a tax
on all real and tangible property within the boundaries of said
unit shall be maintained in a separate account and used solely
for the purpose of providing fire protection within the boundaries
of such unit only.
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Section 21-105. Authority for Interlocal Agreements. The
Board of County Commissioners of Indian River County, Florida,
as the governing body of said unit, may enter into interlocal agreement,
under the provisions of Section 163.01, Florida Statutes, with
any municipality, special district or other governmental unit located
within Indian River County, Florida, for the purpose of providing
fire protection within such municipality, special district or other
governmental unit or for the purpose of providing mutual aid arrangements
with such governmental entities.
Section 21-106. Repeal. Any Ordinances in conflict with
this Ordinance are hereby repealed to the extent of such conflict.
Section 21-101. Severability. It is declared to be the
intent of the Board of County Commissioners of Indian River County,
Florida, that if any section, subsection, sentence, clause or provision
of this Ordinance is held invalid, the remainder of the Ordinance
shall be construed as not having contained said section, subsection,
sentence, clause or provision, and shall not be effected by such
holding.
Section 21-108. This Ordinance shall become effective immedi-
ately upon its adoption and filing as provided by law.
DONE AND ADOPTED in regular session this 21st day of
May, 1980.
This Ordinance shall take effect May 27, 1980.
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORZECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE.
FREDA WRIGHT, CLERK
BY ( a„
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