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HomeMy WebLinkAbout1990-2510/24/90.1(ORD1)Legal/Vk/DW ORDINANCE NO. 90- 25 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CREATING AN EMERGENCY SERVICES DISTRICT, BEING A SPECIAL DEPENDENT TAXING DISTRICT OF THE BOARD OF COUNTY COMMISSIONERS FOR THE PROVISION OF FIRE, RESCUE, EMERGENCY MEDICAL SERVICES, AND OTHER'EMERGENCY SERVICES IN ALL OF INDIAN RIVER COUNTY EXCEPT FOR THE TOWN OF INDIAN RIVER SHORES; PROVIDING FOR AN ELECTION TO BE—HELD AUTHOR [Z ING THE -DISTRICT TO L�aIY AN AD .VALOREM TAX OF UP TO THREE AND ONE-HALF MILLS; PROVIDING FOR REPEAL OF THE THREE EXISTING DEPENDENT SPECIAL TAXING FIRE DISTRICTS FOR THE NORTH, WEST, AND SOUTH COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, before 1980 fire protection services were provided by the City of Vero Beach and by volunteer firemen; and WHEREAS, in 1980 the voters of Indian River County e -s -tab I-i-shed-the—Nar t h_W e-s-t-_and—Sau th—Indi an—R_i_v-e-r--CQu m y Fire Districts, with differing millage caps, replacing the service provided by the City of Vero Beach; and WHEREAS, although this system has operated for approxi- mately ten years, with increasing populations and with increasing demands for professional services in all areas, the public health, safety, and welfare would now be better protected by having a unified, fairly -funded fire district which could provide professional emergency services throughout the district without regard to the old district boundaries and millage disparities; and WHEREAS, the County through the general fund has provided emergency medical services and advanced life support sys t ems—since—a-ss umpt-i-onof t his—e s pons i 3 i i+ty from the Indian River County Hospital District in 1989, and now wishes to have the new Emergency Services District provide this service; and WHEREAS, to accomplish this unification and expansion of duties,. it is necessary that the three existing fire districts be abolished and that a new district be created, with the millage cap increased to fund the additional services; SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:54 - OfficialDocuments:675, Attachment Id 0, Page 1 ORDINANCE NO. 90 - NOW, THEREFORE, BE IT ORDAINED by Indian River County, acting through its Board of County Commissioners, that: SECTION 1. CREATION AND BOUNDARIES OF INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT Pursuant to §125.01(5)(a), Florida Statutes, there is hereby created a dependent special taxing district of the Board of County Commissioners to be known as the Indian River County Emergency Services District. The boundaries.of the district shall be all of Indian River County except for that property located within the Town of Indian River Shores. SECTION 2. PURPOSE OF DISTRICT The district shall be organized for the purpose of providing fire, rescue, emergency medical services, and other emergency services to property and persons within the district boundaries. SECTION 3. GOVERNING BODY .The governing body of the district shall. be the Board of County Commissioners sitting as the Board of Commissioners of the Emergency Services District. SECTION 4. POWERS OF DISTRICT The district shall have all powers necessary, convenient, or customary to provide fire protection, rescue services, asic and -advancedlire support s-ervf-ce-s, and-- other niother emergency services to the property and people within the district, The powers shall include the power to sue and be sued, own property, issue bonds, employ personnel, make contracts, and do any other act which the Board finds is in the interest of the district. SECTION 5. TAXING ABILITY The district shall be empowered to levy an annual ad valorem property tax of not -to -exceed three and one-half mills. 2 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:55 - OfficialDocuments:675, Attachment Id 0, Page 2 ORDINANCE NO. 907 SECTION 6. REPEAL OF'EXISTING SPECIAL DISTRICTS The North Indian River County Fire District created by Ordinance No. 80-5, the West Indian River County Fire District created by Ordinance No. 80-25, and the South Indian River County Fire District created by Ordinance No. 80-32 are abolished and these ordinances repealed. All assets and liabilities of these three abolished districts shall become the property and responsibility of the new district. SECTTON-7. TRANSFER -OF EMPLOYEES Any and all employees of the North, West, and South Indian River County Fire Districts shall become employees of the new district without loss of seniority or pay or other incidents of value accruing by virtue of their employment by the former districts. SECTION 8. CALL FOR ELECTION There shall be an election on March 12, 1991, at which the following question shall be put before the voters of the proposed district: SHALL THE NORTH, WEST, AND SOUTH INDIAN RIVER COUNTY FIRE DISTRICTS AND THE COUNTY EMERGENCY MEDICAL SERVICES 61VISTON— BE- CONSOL-TDATED--l-NTO A NEW EMERGENCY SERVICES DISTRICT, BEING A DEPENDENT SPECIAL TAXING DISTRICT OF THE BOARD OF COUNTY COMMISSIONERS, COMPOSED OF ALL OF INDIAN RIVER COUNTY EXCEPT FOR THE TOWN OF INDIAN RIVER SHORES AND WITH AN AUTHORIZED AD VALOREM TAXING POWER OF NOT -TO -EXCEED THREE AND ONE-HALF MILLS? FOR THE DISTRICT AGAINST THE DISTRICT 3 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:55 - OfficialDocuments:675, Attachment Id 0, Page 3 4 • ORDINANCE NO. 90-25 SECTION 9. WITHDRAWAL FROM DISTRICT BY MUNICIPALITY Any municipality which desires to withdraw from the Emergency Services District may do so by adopting the appropriate ordinance so declaring by April 1st of any year to be effective on October 1st of the following year; i.e., approximately eighteen months later. SECTION 10. EFFECTIVE DATE Except for Paragraph #8 of the ordinance, which shall take effect immediately on becoming law, this ordinance s0ial-r--b�c-ome effiec-t-tve-and- the -d istrrct--Sha l be -creat -ed n October 1, 1992, if the referendum question in paragraph #8 is adopted by the voters at an election held on March 12, 1991, Failure to adopt the referendum question shall mean that this ordinance shall not become effective and the existing fire districts shall continue unaffected by this ordinance. This ordinance was approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this _27 day of _ November1 1990, after being advertised in the Vero Beach Press Journal on the 1 day of November , 1990, for a publ is hearing to be held on the 27__ day of ovember_, TT9>� --wWitit-was-moved for adoption by Commissioner _Scurlo�k, seconded by Commissioner Wheeler and adopted by the following vote: Chairman Carolyn K. Eggert Ay -e Vice Chairman Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Gary C. Wheeler Aye 4 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:56 - OfficialDocuments:675, Attachment Id 0, Page 4 Attest JW KX/jtJsya p to c e r K v/ t7 ORDINANCE NO. 90- 25 BOARD OF COUNTY COMMISSIONERS INDIA •RIVEER CO�UUNNTY, FLORIDA By rolyw K. Acknowiedgmen't by the Department of State of the State of Flora; 4th a tits _dy of Decembe idY9�J0. EffectiveDate: Acknowledgment from the Department of State received on this 7th dayof Dec. �__ _ , 1990, at 1:00 a.m./p.m. ancT filed in the 6>gfice 0 the Clerk to t e Toard ofoC u Ty Commissioners of Indian River County, Florida. 5 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:25:56 - OfficialDocuments:675, Attachment Id 0, Page 5 Inifi2n Rive Cn Approved Dili— Admin 1/-1940 Legal o Budge —Ll- Dept. Risk Mgr.