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Home My WebLink About1991-2012/11/90(ORD1)Legal(TPO/sb) ORDINANCE 91- 20 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR UNIFORM PROCEDURES AND TREATMENT OF MUNICIPAL SERVICE BENEFIT UNITS PROVIDING STREET LIGHTING. WHEREAS, SeaIons TT5-.01-(1jTq) andrtrj, F orlda Statutes, grant the Board of County Commissioners of a non -charter county the power to establish a municipal service henufit unit for any part or all of the unincorpor�ted area of --the _counter -within which may be provided street lighting from funds derived from assessments within such unit only; and WHEREAS, over the years many such street lighting districts have been established; and WHEREAS, orderly administration and logic dictate that there be, to the extent feasible, one uniform method of treating all street lighting districts, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION -1. AMENDMENT. A new Title II "Taxes, Utilities and Special s r c s -l' C -ha - 'Munici pal- Sery ice—Taxi-ng �r Benefi-tUnitOl—Paul Street LFght-ng D1-st-rFc-ts as seT forth in attachment A to this Ordinance is hereby adopted. SECTION 2. REPEAL. Those portion of the Indian River County Code (1974 edition) superseded or in conflict with the provisions herein adopted, in particular Chapter 21, are hereby repealed. SECTION 3. 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 sh-a-l-1--beconstrue d ha�een "legislative intent to pass _the ordinance witliout such unconstitutional, invalid or inoperative part. SmeadSok Reprint Date: Friday, August 23, 2013 - 11:45:18 - OfficialDocuments:618, Attachment Id 0, Page 1 law. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective on becoming Approved and adopted y th—e—B—oa—rdof County Commissioners of Indian River County, Florida, on this 7 day of _Mai, 1991. This ordinance was advertised in the Vero Beach P-r_ess--lour-nal on the_1_�da-y—of Apr—i_l 1991_, for _a public hearing to be held on the _7 _ day of 1991, at which time it was moved for adoption by Commissioner Scurlock , seconded by Commissioner Eggert and adopted by the following vote: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye Commissioner Don C. Scurlock, Jr. Aye BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Cl-ia i man Attest By; 1_ef Tey K. Bart''n 011 Acknowledgment by the Department of State of the State of Florida, this 16th day of __nom , 1991. Effective date: Acknowledgment from the Department of State received on this 21st day ofMay 1991, at 10:00 a.m—/p.m.—and fLLeCL7fF th-e—Gff_ic` Y tie Clerk of the Roard of ounty Commissioners of Indian River County, Florida. SmeadSoft Reprint Date: Friday, August 23, 2013 - 11:45:19 - OfficialDocuments:618, Attachment Id 0, Page 2 In��nAiYa�� 4,pme ate Admin. Legal Budget Dept. Fisk Iv1or. SmeadSoft Reprint Date: Friday, August 23, 2013 - 11:45:19 - OfficialDocuments:618, Attachment Id 0, Page 2 ATTACHMENT "A" CHAPTER 200. MUNICIPAL SERVICE TAXING OR BENEFIT UNIT PART I STREETLIGHTING Section 200.01 Purpose 1. Municipal service benefit units ("MSBU" of "unit".) are created under this chapter for the purpose of providing streetlighting at reasonable, efficient, and proper l-ecat i ons—,v-i thin the boundar--es—c4 the in i -fits be funded from the MSBU only for costs which may include engineering, construction, maintenance, easement acquisition, and any necessary supporting service or function related thereto, as may be determined by the board of county commissioners, and for the provision of such further services as may be lawfullyy aut orized anddetermined b—y—th—e—board—frim time to time, 2. The MSBU may fund all or any of the aforementioned services or improvements through current year funding, o r t -ax an -t -i c i pat Fon--or—mu mu 1-t i - y e a -r n o -to -s o-r—bon d s , provided that any debt instrument or obligation made must be repayable solely pursuant to the authority and means provided by this chapter. Section 200.02 Method of establishment 1. Each streetlighting district created shall be created bpi ordinance pursuant to this chapter. Said ordinance shall establish a district name and district boundaries. The district shat-1—be established under the authority of, and with those powers conferred by, the Constitution of the State of Florida, and paragraphs (q) and (r) of Section 125.01, Florida Statutes. The legal description of the district shall not be codified and the best evidence of the boundaries of the district shall be the ordinance creating the district. The district name and ordinance number creating the district shall be codified and appear in Section 200.07. 2. The ordinance establishing the district shall meet a-r— of the requirements of Chapter 197 for the uniform method for the levy, collection and enforcement of non -ad valorem assessments, Where Chapter 197 specifies requirements for a "resolution these requirements shat -til -so apply t -o the— orci-i-na-nce establishing the district. 3. If property owners in a district desire service prior to tsum- 1 SmeadSok Reprint Date: Friday, August 23, 2013 - 11:45:19 - OfficialDocuments:618, Attachment Id 0, Page 3 payment ofthe anticipated costs for the period prior to going on the tax rolls may be made. Any overage or deficit for this period shall be factored in on the first non -ad valorem assessment roll. As an alternative, the County-may---endCt d special assessment Section 200.03 Determination of cost of service The -boa -rd -o -f --county commissioners s_ha-ILd_et_erm_i-n-e each year the estimated costs of providing streetlighting and such other services as the county commission may provide, including capital and equipment improvements, rentals and acquisitions, and operation and maintenance costs and expenses, for the ensuing county fiscal year for that area which is or shall be receiving- streetlighting or other benefits -provided by thi-s-un-itwi-thi-n-t-he bounda-r-i es ofi-the unit. Section 200,04 Levy of assessment; adoption of budget The board -of -county commiss-ioners _hereby authorizes _th-e A -ever of an assessment 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 streetlighting services or benefits within the municipal service taxing unit created hereby, with such exceptions as are set forth in section 200,05 below. The assessment shall be fair and equitable. The assessment 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 assessment shall be levied, collected, and remitted to and accounted for at the time and manner as for the assessment, levy, collection, remittance and accounting for taxes by the board as provided by law. The budget shall contain all or such portion of the est! 111d ted costs of providing streetlighting and other services within the boundaries of the unit, as determined under the provisions of section 200,03 hereof, as the board shall determine to be necessary to provide such services. Section 200.05 Exemptions form assessment The following lands are exempted from the provisions of this article for the purposes of assessments for streetlighting benefits: 1. Those—pa-r-ts o- -any pai-tt-ed- and r -e -corded subd-Vvi-s-i-0n which lie within the corporate limits of any municipality existing or hereafter created. AU—rands owned and ocrupi_ed by buiI, _1di_ngs owned and operated by the Indian River Countv School District for SmeadSok Reprint Date: Friday, August 23, 2013 - 11:45:19 - OfficialDocuments:618, Attachment Id 0, Page 4 the purposes of operating a school for the education of the citizens of Indian River County to the extent state law requires this exemption. 3. State or Federal lands unless consent has been given. Section 200.06 Disposition -of -proceeds -from levy of ------------ - assessment Those funds obtained from the levy of ad assessment 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 streetlighting and such other Purposes as authorized by the ordinance creating the district. Section 200.07 Districts - District Name Ordinance No. ------------ Laurelwood ----------- 764 -- Gifford 81-29, 91-3 Rockridge 82-1.5 Vero Highland 84-71, 85-35 Vero Lake Estate 84-81 Porpoise Point 66---25 Laurel Court 86-26 Ixora Park 86-81 Eastview Gardens 86-81 Vero Shores 86-89 Royal Poinciana Park- 87-68 Glendale Park 87-68 Fresard Glendale 87-68 Roseland Road 89-33 PART II ADDITIONAL SERVICES Section 200.10 General In addition to providing streetlighting, the county may provide other services, authorized under Section 125.01, F.S., to the district, under the same general terms and conditons as are applicable to the provision of streetlighting. 3 SmeadSok Reprint Date: Friday, August 23, 2013 - 11:45:20 - OfficialDocuments:618, Attachment Id 0, Page 5