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Home My WebLink About2015-010RESOLUTION NO. 2015- oio 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 TO RECOVER THE COSTS OF STREET LIGHTING AND MAINTENANCE IN THE OCEANSIDE REPLAT SUBDIVISION AREA. WHEREAS, Board of County Commissioners of Indian River County is considering imposition of non ad valorem assessments to pay for the cost of installation and maintenance of street lights in the Oceanside Replat subdivision area; and WHEREAS, the Board of County Commissioners of Indian River County has enacted a Municipal Service Benefit Unit (MSBU) ordinance to provide for street lights in certain districts in the unincorporated areas of the County; and WHEREAS, that ordinance authorizes 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 provides for the assessments to be levied in the same manner as taxes; and further provides 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)(x) 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 1 RESOLUTION NO 2015 010 Property Appraiser, Tax Collector and the Department of Revenue by March 10th of this year; and 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 Statute 197.3632 for the Oceanside Replat subdivision area. 2. The Board intends to amend its Code of Ordinances, Chapter 200, to include the Oceanside Replat subdivision area as a MSBU district. 3. The levy of the assessment is needed because the street lights will further the health, safety and well-being of all those residing and owning property within the boundaries of the district. The benefited area is a residential neighborhood within unincorporated Indian River County and contains many narrow roads. The establishment of the street lighting district will provide much needed lighting for these roads and enhance the safety of all people that travel within the district. 4. The property included within the Oceanside Replat Street Lighting District Municipal Service Benefit Unit is described as: OCEANSIDE STREET LIGHTING DISTRICT LEGAL DESCRIPTION OCEANSIDE LIGHTING DISTRICT LEGAL DESCRIPTION Being a parcel of land lying in Sections 21 and 22, Township 33 South, Range 40 East, Indian River County, Florida. Said parcel being more particularly described as follows - Begin at the Northwest corner of the of the Plat entitled "Oceanside Replat", as recorded in Plat Book 10, Page 20, of the Public Records of Indian River County, Florida. Thence run Easterly along the North line of said Plat to a point of intersection 01 RESOLUTION NO 20115- olo with the mean high water line of the Atlantic Ocean; thence meander Southeasterly along said mean high water line to the Southeast corner of Lot 1 of the aforementioned plat of Oceanside Replat; thence continue Southeasterly along said mean high water line a distance of 10.32 feet to a point on a line lying 10.00 feet South of, as measured at right angles to, the South line of said Lot 1; thence run Westerly along said line to a point of intersection with the Easterly right-of-way line of Reef Road, as shown on said plat of Oceanside Replat; thence run Southeasterly along said Easterly right-of-way line to a point of intersection with the Southerly right-of-way line of Seagrape Drive (being a 100 -foot right-of-way); thence run Westerly, along said right-of-way line, to a point of intersection with the Easterly right-of-way line of State Road A -1-A; thence run Northwesterly along said Easterly right-of-way line to the Point of beginning. and as depicted below: 3 a a 1 C5 U n `e'upiA O m � Z �o 31Y15 $� � f L CD IN i D O j332! n -i O O '-9i - pYOb o � u p c o m 5�Z o m CJ $ C-3 z N N Y 3 0 0 x r•i cn � n z O � o z 2 a -IJ CD 3 RES01. UTION NO 201!5 O10 5. 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 March 10, 2015. The resolution was moved for adoption by Commissioner O' Brvan, and the motion was seconded by Commissioner Flescher , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Ave Vice Chairman Bob Solari Aye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Aye Commissioner Tim Zorc Aye The Chairman thereupon declared the resolution duly passed and adopted this 20rhday of January, 2015. "G p tv5 h11s"°"•. ••.•��y...••••••.SiBOARD OF COUNTY COMMISSIONERS �J`.• �j'' ``9� :, INDIAN RIVER COUNTY, FLORIDA By s �- • •o••• Wesley S. Davis, Chairman ••. £R COON ATTEST: Jeffrey R. Smith, Circuit Court Clerk and Comptroller By:64Deputy Clerk Approved as to Form and le ffici cy William K. DeBraal Deputy County Attorney M Approved: A/ A�yl ') osep A. Baird County Administrator