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HomeMy WebLinkAbout2000-137RESOLUTION NO. 2000-137 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON AD VALOREM ASSESSMENTS PURSUANT TO FLORIDA STATUTE 197.3632 WITHIN THE EAST GIFFORD WATERSHED AREA MUNICIPAL SERVICE BENEFIT UNIT. WHEREAS, the Board of County Commissioners of Indian River County has created by ordinance the East Gifford Watershed Area Municipal Service Benefit Unit; and WHEREAS, that ordinance authorized the levy and collection of special assessments in a uniform manner for those MSBU expenditures which are determined to provide a reasonably uniform special benefit to all properties within the benefit unit against which such special assessments are made; and further provided for the assessments to be levied in the same manner as taxes; and further provided for the assessment, levy, collection, remittance and accounting for said assessments at the same time and manner as taxes to the general fund; and WHEREAS, Florida Statute 197.3632(3)(a) requires the Board of County Commissioners to adopt a resolution at a public hearing clearly stating its intent to use the uniform method of collecting such assessment; stating the need for the levy; and including a legal description of the boundaries of the property; and requiring that the local governing board shall send a copy of the resolution by United States Mail to the Property Appraiser, Tax Collector and the Department of Revenue by January 10th of the following year; and 1 RESOLUTION NO. 2000- 137 WHEREAS, a notice of intent to adopt this resolution electing to use the uniform method for collecting the assessment has been published for four consecutive weeks preceding this public hearing in the Vero Beach Press Journal. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows: 1. The Board of County Commissioners hereby elects to utilize the uniform method for levy, collection, and enforcement of non ad valorem assessments as set out in Florida Statuate 197.3632 for the East Gifford Watershed Area Municipal Service Benefit Unit. 2. The levy of the assessment is needed because the approximately 43 acres within the benefited area vitally needs improved drainage facilities and maintenance, and services required greatly exceed the current ability of County forces to provide those services. The benefited area is immediately outside the Indian River Farms Water Control District and is currently assessed no drainage assessments that the portion of Gifford west of 28th Avenue currently pays. Further, the establishment of the MSBU will enhance Indian River County's ability to obtain state stormwater improvement grants for the benefited area. 3. The property included within the East Gifford Watershed Area Municipal Service Benefit Unit is described as: For a POINT OF BEGINNING, the intersection of the East line of the West one-half of Tract 5, Section 26, Township 32 South, Range 39 East, according to the last general plat of the lands of the Indian River Farms Company recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, and the quarter - 2 11 RESOLUTION NO. 2000-13 7 section line (the South line of Tract 5 Tying within the 41st Street right-of-way), and run North, along the said East line, to a point lying 105 feet North of the South line of the Annie Gray Battle Tract. Then run Northwesterly to a point lying in the North line of Tract 5, 50 feet East of the East right-of-way of 27th Avenue. Then run West to the East right-of-way of 28th Avenue. Then run North, along the 28th Avenue, to the centerline of 43rd Street. Then run East, along the centerline of 43rd Street, as shown on Plats 1, 2, and 3 of the Hillcrest Subdivision, to its intersection with the center of the main track of the Florida East Coast Railway. Then run Southeasterly, along the track center, to its intersection with the quarter -section line in the 41st Street right-of-way. Then run West, along the quarter -section line, to the POINT OF BEGINNING. Now lying in Indian River County, Florida. and as depicted below: / A fk 43rd Street 7 t - //I/IJiilk/tstl Siubffi:isioh'r; / • .///\' u /, ,'; 'l/l/ IVIS 1"I' /�/// ��jl' // q'/,.I/{ ///1�1 Nti[I{tl_�h TI cl " I�c°'l�///G'�/ k' o3 I NI I I /II ' I I, '..'i ' "181• // •/V a 1 1 1 /TNI.' .' 1 1', /. 1A1., i --lof--- - rr777 �mf77/ 77 v—�j5 rrl��r �\ 7/ I^' L� //'�t�// iai//' i�' /,, /A r^ INI �� TNI ; - '' I� /' /////� / - C1 1 1 I 31/ I' 11 �//.' _J L L. Jf7 g dine pf�iinnie�6 I��) N CNI N // •i . / -/"/I./• tn / i 24, wolnau Scale: Not to Scale ---41,1 Street P.O.B.-i 1/4 Section Line h--/ 41st Street 3 RESOLUTION NO. 2000- 137 4. Upon adoption of this resolution, the Clerk to the Board is directed to mail a copy of this resolution by United States Mail to the Indian River County Property Appraiser, the Indian River County Tax Collector and the Department of Revenue by January 10, 2001. The resolution was moved for adoption by Commissioner Macht , and the motion was seconded by Commissioner Ti ppi n , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht AyP Commissioner John W. Tippin Ave Commissioner Ruth M. Stanbridge Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of November, 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B ,, A aSscuytt Fran B. Adams, Chairman Jeffrey K. B , Clerk Deputy Clerk 7 APPROVED AS TO FORM AND, LEGAL SUFFICIENCY BY Wff Cr WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY 4