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Home My WebLink About1992-26ORDINANCE 92- 26 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL IN PART AND EDITORIAL TRANSFER -IN _PART OF CHAPTER 21, SPECIAL TAXES, DISTRICTS AND UNITS OF INDIAN RIVER COUNTY CODE (1976 EDITION) TO CHAPTERS 2080 209 AND 210 OF THE NEW INDIAN RIVER'COUNTY CODE. WHEREAS, service is no longer provided through -a "Water 1Vlunicipai-Service Taxnig. Unit" and WHEREAS, the Fir"rotection districts have been cansolidated-into- a new, Emergency Services DistricteffectiveOctober 1 1992 _WHEREAS-,-other-taxing units are obsolete- . and WHEREAS, a transfer of current taxes and taxing units should be transferred to the new code NOW, 'THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF .INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. ABOLISHMENT OF OBSOLETE WATER SERVICE TAXING UNIT Inc 1"' -allowing article" Chapter 21 of .the n1d Code of �. Indian-River-ACottnty-are-herby-abolished-as-follows : Art IV Tndian-River- County Water Municipal Service Taxing Unit (Ord. No. 76-24), Sections 21-35 - 21-44. Art. V. Indian River County Water Municipal Service Taxing Unit (Ord. No. 76-26), Sections 21-45 - 21-53.7 Art. VI. Indian River County Water Municipal Service Taxing Unit rd. Ia.-76-23-)--Sections Z1= - 21-62 Art—.lII. Indian River county Wstar alService Taxing Unit (Ord. No. 76-25), Sections 21-63 - Art. VIII.Indian River County. Water Municipal Service Taxing -Unit-(,Ord.-Nor,--78-42)-,Sections 21-68 - c. 21-71 •SECTION 2, ABOLISHMENT OF MISCELLANEOUS TAXING DISTRICT OR UNITS The following articles of Chapter. 21 of the old• Code of Indian River County are hereby abolished as follows: Art. IX. Solid Waste Disposal and Collection Municipal Service Taxing Unit; Sectionris1=72 - 21-84 - Art. XIII Indian River County Multipurpose Service Taxing Unites Sectiori-21-Y12 - 21-120 SmeadSoft Reprint Date: Friday, September 27, 2013 --10:59:12- OfcialDocuments:581, Attachment Id 1, Page 1 Art DCVI. South Beach Recreation Path Municipal Service Taxing Unit, Sections 21-151 21-160 Art XX. Breezy -Village- Mobile- Home:Park Recreation District; Sections 21-201 - 21-210 SECTION` 3. '',AMENDMENT OF FIRE DISTRICTS. a. The following articles of Chapter 21 of the old Code o Indian' River County. are abolished aecrif - 've'October 1, 1992: Art. X. Fire tutee on umcipalService! Taxing, Unit, Sections 21=85 - 21-89". Worth Indian River County Fire -Protection - District, Sections 21790-` 21-100 Art.XIII-West Indian -River-£ounty-F re -Protech Municipal Service Taxing Unit,: Sections 21-101,- 21-111— Art. 1-101•- 21-111Art. XIV. South Indian River. County Fire District, Sections 2121�14� .b Therfollowing-Chapter 208 entitled "Indian _River. County Emer ency Services District" is adopted effective October 1, as follows: Chapter.208 Indian River. County Esiergency Services - istrict. Sec: 208: 1. reaC tion ancl boundaries- of- indisn Iver County emergency services district: Pursuant to Section 125.01.(5)(a). Florida Statutes, there is hereby created 'a dependent. special taxing district -by the Board of County Commissioners . to be known as the Indian River County Emergency Services District.—The boundaries-e-t.he-districtshall M•all of Indian River County except for that propertlocated within the Town of -Indian River -Shores Sec�208_02_.— 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. Sec. 208.03. Governing body. The governing body of the district shall be the Board of County Co ssioners sitting as the Board -of -Commissioners -of -the Emergency Services District. Sec. 208.04. Powers of district. The district shall have all powers necessary, convenient, or customary to provide fire protection, rescue services, basic and advanced life support -servicer., -and other- emergency services to the property.and 'people within the district. The powers shall include the power to sue -and -ba ---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. Sec. 208.05.. Taxing. ability. The district shall be empowered to levy an annual ad valorem property tax ono -to -exceed "iliree and one-half mills. Sec. 208.06. Relsearof; 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-th"outl-'Indian-River County 2. SmeadSoft Reprint Date: Friday, September 27, 2013 - 10:59:12 - OfcialDocuments:581, Attachment Id 1, Page 2 SmeadSoft Reprint Date: Friday, September 27, 201: Fire District created by Ordinance Na: 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.. . Sec. 208.07. 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. Sec. 208.08 Withdrawal from district by municipality. Any municipality which desires to withdraw from the emergency Services District may -do -so -by ladopiing the appropriate ordinance so declaring by. April 1st of any year to be effective on October 1st of -the following year, d -.e., approximately eighteenmonths later. SECTION 4. LOCAL OPTION GAS TAX Article. XIX of Chapter 21 of the old Code of Indian River County "Indian - River County Local Option Gas Tax" is hereby editorially transferred to Chapter 209 - Local Option Gas Tax to read as follows i Chapter 209 Local Option Gas Tax Sec. 209.01 Short title. � �e shall be known and may be the"Indian " River County Local Option Gas Tax Ordinance." See. 209.01 Levy of tax. There is. hereby imposed a six cent ($0.06) local option gas taxLipevery gallon of motor fuel and -special -fuel River County and taxed under the provisions of Florida Statutes, Chapter 206. Sen -209.02- Effective nate --The tax imposition herebTmade shall be effective. from September 1, 1985 to August 31, 1996, both inclusive. Sec. 209.03 Disposition of. proceeds. (a) Pursuant to the interlocal agreement entered into between the county and municipalities within the county representing a majoritythe incorporaarea population withinIridian River County, the proceeds of the tax hereby imposed shall be divided and distributed by the State of : Florida :Department of Revenue to Indian River County and eligible municipalities in the following proportions: Share. of Proceeds ecipient - .(per=cent �i d River County 67-.5567 City of Vero Beach -19.4200 City -of Sebastian 9.9033 City of Fellsmere .1.9567 - Town 1:9567Town of Indian River Shores 1.1433 City of. Orchid .02 Each year,during the term of the im' position ot--this tax, the division and distribution of tax proceeds under this article shall -be -evaluated and recalculated based upon the following formula: The percentager-�total revenue allocated to each eligible entity equals one-third of the entity's percentage of total -equivalent lane -miles-of road -plus -one-third the 3 - 10:59:12 - OfcialDocuments:581, Attachment Id 1, Page 3 - entity's percentage of transportation expenditures overthe previous. five (5) years plus one-third, of the entity's total percentage of popula don residing in, tile area based upon the 1984 estimate from the Florida Bureau of Economic and Business Research. By August 15 of each year, the county shall provide the Florida State Department of Revenue a certified copy of the distribution proportions established by interlocal agreement under-Ahis_section. The reviseddistribution of tax proceeds shall become effective on September i of each year. (c) If, during the term of the imposition of this tax, the county' or any of the municipalities become ineligible to receive a share of the local option gas tax for any reason, any funds otherwise undistributed because of ineligibility shall be distributed by the . department of revenue to eligible governments within Indian River County in proportion to other monies distributed pursuant -to" this section. (d) The distribution formula established herein shall also govern the division and distribution of proceeds ' of the local option gas tax imposed through August 31, but not collected otherwise available for distribution . until after August 31,, of the year this levy terminates. Sec. 209.05 Utilization of proceeds. Proceeds of the tax imposed herein shall be utilized only. 1 for transportation expenditures in accordance with the provisions and requirements of Florida Statutes section 336.025. SECTION 5. TOURIST DEVELOPMENT TAX rtic XXV o. Chapter .21 o t e old Code o n ianIver. • County "Tourist Development Chapter 210 - Tourist Development Tax to read as follows: Chapter 210. Tourist development tax. Sec. 210.01,Taxing district and levy. (a) There are hereby created two (2) taxing 'districts in which the tourist development tax is imposed. One. taxing district, encompasses the geographical boundaries of the City of Vero Beach. The secondtaxing district encompasses the remainder of geographical boundaries of Indian River County. ( ere iserebyadopte an ]mpose -a two (2per cent .tourist development tax • in accordance with Section. 125. IU, ori a Statutes, on the exercise wi n each of the taxing districts herein created of the taxable privilege of renting, leasing, or letting, for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle .park, camping -space or condominium for a term of six (6) months or less. Seca 210.02 Tourist development plan. There are hereby adopted the plans for tourist development' for each district created by the tourist development council with regard to the specific revenues. and expenditures for the first twenty-four (24) months following the levy of the tourist development tax. The plans are attached hereto and by .this reference are hereby incorporated as if fully set forth herein. 4 SmeadSoft Reprint Date: Friday, September 27, 2013 - 10:59:13 - OfficialDccuments:581, Attachment Id 1, Page 4 Sec. 2M 03 Authorized uses of revenues. All 1 pursuant to this article.shall be used for the -following purposes' only: (1) .To acquire; construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote. one or more, publicly owned an operated convention center, sport—tadum, sports arena, coliseum or auditorium within the boundaries of the county or. subcounty special 'taxing district. However, these purposes may be implemented through services contracts and leases with persons who maintain an operated adequate existing facilities; (2) To promote and advertise .tourism in the State of Florida and nationally and internationally; (3) To fund convention bureaus, tourist bureau, tourist information centers and -news Bureaus as county agencies or by contract with the chambers of commerce or similar associations in the county; (4) To finance beach improvement, maintenance, renourishment restoration and erosion control, including_ shoreline protection enhancement, cleanup, restoration of inland lakes and rivers to which there is (5) Until such time as Indian River County reaches a population of five. hundred thousand (500,000) based on the .most recent population estimates prepared pursuant to the provisions of Section 186.901, Florida Statutes, as in effect on July 1st of each year, tax revenues received pursuant -to -this article may also be used to acquire, construct, extend, enlarge; remodel, improve, maintain, operate, or promoteoe or more museums, zoological parks, fishing piers or nature centers which.are publicly owned and operated or owned by not -for --profit organizations are open to the. public. (lz) The revenues to. be 'derived from the tourist . development tax may be. pledged to secure and liquidate revenues bonds issued by the county for the purposes set forth in section (a)(1) or up to fifty (50) per cent of the revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds issued by the county for the purposes set forth in section(a)4. SECTION 4. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding 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 5. EFFECTIVE DATE This' ordinance shall; becomeeffective on becoming lain. Approved --and adoptedby--ti}e Board of Gount COu isssioners of. Indian River Ceunt;'Floriiia, on. this— day of. July ,.1992. 5 SmeadSoft Reprint Date: Friday, September 27, 2013 - 10:59:13 - OfficialDocuments:581, Attachment Id 1, Page 5 This ordinance-was-advertiseeach Press-. journal -on the 22 day of 1un? ,-IM for a -public hearing to ha hel nn the_14 day o%July-,_1M,_at__wh ch time it was ,moved for adoption by Commissioner Bowman and the motion was seconded by Commissioner Scurlock , and, adopted by the following vote: .Chairman Carolyn K. Eggert Aye Vice Chairman Margaret -Cowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Absent Commissioner Gary C. Wheeler Resigned BOARD OF COUNTY COMMISSIONERS INDIAN -RIVER COUNTY, FLORIDA sp. By J ,; Carolyn K. Eggert,' n Chairman AF1, `R a; Attest by t rr My�n Clerk L! dgm y --Acknowledgment -Ackn wled m y ofnb Ju1Department of State of the State of; Florida, thisEffective date: Acknowledgment for the Department of State received on this-27-th-dayof Jul -1992, at 9:3-0-a.m._/p.m. and filed in the Office of the . Clerk of the Board of County Commissioners of Indian-Mver-C,Qurity, Florida-.. In4ian Piver CnDfoved—DSYB Admin, Legal Budge! s a Risk Mgr. CXD s. SmeadSoft Reprint Date: Friday, September 27, 2013 - 10:59:13 - OfcialDocuments:581, Attachment Id 1, Page 6