HomeMy WebLinkAbout2015-011RESOLUTION NO. 2015- oil
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 PAVING 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 street
paving and maintenance 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 paving
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)(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 governi6g board shall send a copy of the resolution by United States Mail to the
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RESOLUTION NO 2015-_.011
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 paving 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 paving district will provide much needed paving for these
roads and enhance the safety of all people that travel within the district.
4. The property included within the Oceanside Replat Street Paving
District Municipal Service Benefit Unit is described as
OCEANSIDE STREET PAVING 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
with the mean high water line of the Atlantic Ocean; thence meander Southeasterly
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RESOLUTION NO 2015-011
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 Westerly right-of-way line of Reef Road, as shown on
aforementioned plat of Oceanside Replat, thence run Southeasterly along said
Westerly right-of-way line to a point of intersection with the Northerly right-of-way line of
Seagrape Drive as shown on the aforementioned plat of Oceanside Replat; thence run
Westerly along said Northerly 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:
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RESOt.t.}TION NO 201;,-011
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 Solari ,
and the motion was seconded by Commissioner Flescher , and, upon being put to a
vote, the vote was as follows:
Chairman Wesley S. Davis
Aye
Vice Chairman Bob Solari
Aye
Commissioner Joseph E Flescher
Ave
Commissioner Peter D. O'Bryan
Aye
Commissioner Tim Zorc
Aye
The Chairman thereupon declared the resolution duly passed and adopted this
20thday of January, 2015.
.......... BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
�,9• ;o�'
Wesley S. Davis, Chairman
off:
ATTEST: Jeffrey R. Smith, Circuit Court
Clerk and Comptroller
(2u,—
"-Oeputy Clerk
Approved as to Form and
le fficie y
William K. DeBraal
Deputy County Attorney
Il
Approved:
�J' A") j h4
/JosepK A. Baird
County Administrator