HomeMy WebLinkAbout2015-012RESOLUTION NO. 2015-012
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
OSLO PARK 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 Oslo Park 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)(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
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RESOLUTION NO 2015- 012
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 Oslo Park area
2. The Board intends to amend its Code of Ordinances, Chapter 200, to include
the Oslo Park 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 dirt 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 Oslo Park Street Lighting District
Municipal Service Benefit Unit is described as.
OSLO PARK STREET LIGHTING DISTRICT LEGAL DESCRIPTION
A PARCEL OF LAND THAT INCLUDES A PORTION THOSE LANDS DESCRIBED IN
THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY, AS
RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST LUCIE
COUNTY, FLORIDA, A PORTION OF THOSE LANDS LYING IN UNINCORPORATED
INDIAN RIVER COUNTY AND ALL OF THE FOLLOWING SUBDIVISIONS
RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA,
OSLO PARK PER PLAT BOOK 3, PAGE 96, OSLO PARK UNIT NO. 2 PER PLAT
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RESOLUTION NO 2615- 412
BOOK 4, PAGE 13, OSLO PARK UNIT NO. 2-A PER PLAT BOOK 4, PAGE 31, OSLO
PARK UNIT NO. 2-B PER PLAT BOOK 4, PAGE 24, OSLO PARK UNIT NO. 3 PER
PLAT BOOK 4, PAGE 19, OSLO PARK UNIT NO. 4 PER PLAT BOOK 4, PAGE 25,
OSLO PARK UNIT NO. 5 PER PLAT BOOK 4, PAGE 26, OSLO PARK UNIT NO 6
PER PLAT BOOK 4, PAGE 27, OSLO PARK UNIT NO 7 PER PLAT BOOK 4, PAGE
28 AND BOXWOOD ESTATES S/D PER PLAT BOOK 11, PAGE 84; SAID PARCEL
BEING A PORTION OF SECTIONS 24, 25 AND 26, TOWNSHIP 33 SOUTH, RANGE
39 EAST; ALL LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 26, THENCE RUN
EASTERLY, ALONG THE SOUTH LINE OF SAID SECTION 26 (SAID LINE BEING
PARALLEL WITH THE CENTERLINE OF 17TH STREET SW), TO THE SOUTHWEST
CORNER OF THE EAST 30.54 ACRES, OF TRACT 14, SECTION 26, OF THE
AFORESAID LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY,
FOR A POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE, RUN
NORTHERLY, ALONG THE WEST LINE, OF THE EAST 30.54 ACRES, OF SAID
TRACT 14 (SAID LINE ALSO BEING THE WEST LINE OF THE AFORESAID PLAT
OF OSLO PARK UNIT NO. 5), TO A POINT ON THE SOUTH RIGHT OF WAY LINE
OF 15TH STREET SW; THENCE DEPARTING SAID WEST LINE, RUN WESTERLY
ALONG SAID SOUTH RIGHT OF WAY LINE AND THE WESTERLY PROLONGATION
THEREOF, TO A POINT ON THE WEST LINE OF THE AFORESAID SECTION 26,
THENCE RUN NORTHERLY, ALONG THE WEST LINE OF SAID SECTION 26 (SAID
LINE BEING PARALLEL WITH THE CENTERLINE OF 27TH AVENUE SW), TO THE
NORTHWEST CORNER, OF THE SOUTHWEST ONE-QUARTER, OF SAID
SECTION 26; THENCE DEPARTING SAID WEST LINE, RUN EASTERLY ALONG
THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER, OF SAID SECTION 26
(SAID LINE BEING PARALLEL WITH THE CENTERLINE OF 13TH STREET SW), TO
A POINT ON THE SOUTHERLY PROLONGATION OF THE WEST RIGHT OF WAY
LINE OF 20TH AVENUE SW; THENCE DEPARTING SAID NORTH LINE, RUN
NORTHERLY ALONG SAID SOUTHERLY PROLONGATION, SAID WEST RIGHT OF
WAY LINE AND THE NORTHERLY PROLONGATION THEREOF, TO A POINT ON
THE NORTH LINE OF SAID SECTION 26; THENCE RUN EASTERLY, ALONG SAID
NORTH LINE (SAID LINE BEING PARALLEL WITH THE CENTERLINE OF OSLO
ROAD), TO A POINT ON THE NORTHERLY PROLONGATION OF THE EAST RIGHT
OF WAY LINE OF 18TH AVENUE SW; NORTHERLY PROLONGATION AND SAID
EAST RIGHT OF WAY LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF
11TH STREET SW; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE
RUN EASTERLY, ALONG SAID NORTH RIGHT OF WAY LINE, TO A POINT ON THE
EAST LINE OF THE WEST 27 FEET, OF THE EAST 5 ACRES, OF THE WEST 15
ACRES OF TRACT 4, THENCE DEPARTING SAID NORTH LINE, RUN SOUTHERLY
ALONG SAID SECTION 25, OF THE AFORESAID LAST GENERAL PLAT OF THE
INDIAN RIVER FARMS COMPANY; THENCE DEPARTING SAID NORTH RIGHT OF
WAY LINE, RUN NORTHERLY ALONG SAID EAST LINE, TO A POINT ON THE
NORTH LINE OF THE AFORESAID SECTION 25; THENCE DEPARTING SAID EAST
LINE RUN WESTERLY, ALONG SAID NORTH LINE (SAID LINE BEING PARALLEL
WITH THE CENTERLINE OF OSLO ROAD) TO THE SOUTHWEST CORNER OF
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RESOLUTION NO 2015- 012
THE AFORESAID SECTION 24; THENCE DEPARTING SAID NORTH LINE RUN
NORTHERLY, ALONG THE WEST LINE OF SAID SECTION 24 (SAID LINE BEING
PARALLEL WITH THE CENTERLINE OF 12TH AVENUE SW), TO THE NORTHWEST
CORNER, OF THE SOUTHWEST ONE-QUARTER, OF THE SOUTHWEST ONE-
QUARTER OF SAID SECTION 24; THENCE DEPARTING SAID WEST LINE, RUN
EASTERLY ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER, OF
THE SOUTHWEST ONE-QUARTER OF SAID SECTION 24 (SAID LINE BEING
PARALLEL WITH THE CENTERLINE OF 7TH STREET SW), TO THE NORTHEAST
CONRER, OF THE SOUTHWEST ONE-QUARTER, OF THE SOUTHWEST ONE-
QUARTER OF SAID SECTION 24; THENCE DEPARTING SAID NORTH LINE, RUN
SOUTHERLY ALONG THE EAST LINE OF THE SOUTHWEST ONE-QUARTER, OF
THE SOUTHWEST ONE-QUARTER OF SAID SECTION 24 (SAID LINE BEING
PARALLEL WITH THE CENTERLINE OF 10TH AVENUE SW), TO THE SOUTHEAST
CORNER, OF THE SOUTHWEST ONE-QUARTER, OF THE SOUTHWEST ONE-
QUARTER OF SAID SECTION 24; THENCE DEPARTING SAID EAST LINE, RUN
EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 24 (SAID LINE BEING
PARALLEL WITH THE CENTERLINE OF OSLO ROAD), TO A POINT ON THE WEST
LINE OF THE EAST 10 ACRES, OF THE WEST ONE-HALF, OF THE SOUTHEAST
ONE-QUARTER, OF THE SOUTHWEST ONE-QUARTER, OF SAID SECTION 24,
THENCE DEPARTING SAID SOUTH LINE, RUN NORTHERLY ALONG SAID WEST
LINE, TO A POINT ON THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER, OF
THE SOUTHWEST ONE-QUARTER, OF SAID SECTION 24, THENCE DEPARTING
SAID WEST LINE, RUN EASTERLY ALONG SAID NORTH LINE, TO POINT ON THE
WESTERLY RIGHT OF WAY LINE OF THE LATERAL J CANAL, AS SHOWN ON THE
PLAN OF RECLAMATION OF THE INDIAN RIVER FARMS DRAINAGE DISTRICT
MAP; THENCE DEPARTING SAID NORTH LINE, RUN SOUTHEASTERLY ALONG
SAID WESTERLY RIGHT OF WAY LINE, TO POINT ON THE SOUTH LINE OF THE
NORTHEAST ONE-QUARTER OF THE AFORESAID SECTION 25; THENCE
DEPARTING SAID WEST RIGHT OF WAY LINE, RUN WESTERLY ALONG SAID
SOUTH LINE (SAID LINE BEING PARALLEL WITH THE CENTERLINE OF 13TH
STREET SW), TO THE SOUTHEAST CORNER, OF THE NORTHWEST ONE-
QUARTER, OF SAID SECTION 25; THENCE RUN WESTERLY, ALONG THE SOUTH
LINE OF THE NORTHWEST ONE-QUARTER, OF SAID SECTION 25 (SAID LINE
BEING PARALLEL WITH THE CENTERLINE OF 13TH STREET SW), TO THE
SOUTHEAST CORNER, OF THE NORTHEAST ONE-QUARTER, OF THE
AFORESAID SECTION 26; THENCE RUN WESTERLY, ALONG THE SOUTH LINE
OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 26 (SAID LINE BEING
PARALLEL WITH THE CENTERLINE OF 13TH STREET SW), TO THE NORTHEAST
CORNER OF TRACT 10, SECTION 26, OF THE AFORESAID LAST GENERAL PLAT
OF THE INDIAN RIVER FARMS COMPANY; THENCE DEPARTING SAID SOUTH
LINE, RUN SOUTHERLY ALONG THE EAST LINE OF SAID TRACT 10 (SAID LINE
ALSO BEING THE EAST LINE OF THE AFORESAID PLAT OF BOXWOOD ESTATES
S/D), TO THE SOUTHEAST CORNER OF SAID TRACT 10, THENCE RUN
WESTERLY, ALONG THE SOUTH LINE OF SAID TRACT 10 (SAID LINE BEING
PARALLEL WITH THE CENTERLINE OF 15TH STREET SW), TO A POINT ON THE
WEST LINE OF THE EAST 10 ACRES OF SAID TRACT 15, SECTION 26, OF THE
AFORESAID LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY
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RESOLUTION NO 2015- 012
THENCE DEPARTING SAID SOUTH LINE, RUN SOUTHERLY ALONG SAID WEST
LINE (SAID LINE BEING THE EAST LINE OF THE AFORESAID PLAT OF OSLO
PARK UNIT NO. 4), TO A POINT ON THE SOUTH LINE OF SAID SECTION 26,
THENCE DEPARTING SAID WEST LINE, RUN WESTERLY ALONG THE SOUTH
LINE OF SAID SECTION 26 (SAID LINE BEING PARALLEL WITH THE CENTERLINE
OF 17TH STREET SW) TO THE SOUTHWEST CORNER OF THE EAST 30 54
ACRES, OF TRACT 14, SECTION 26, OF THE AFORESAID LAST GENERAL PLAT
OF THE INDIAN RIVER FARMS COMPANY, SAID POINT BEING THE POINT OF
BEGINNING.
LESS THE OSLO TRADE CENTER CONDOMINIUM, AS DESCRIBED IN OFFICIAL
RECORDS BOOK 1485, PAGE 2545, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA.
ALL LYING IN INDIAN RIVER COUNTY, FLORIDA.
and as depicted below:
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RESOLUTION NO 2015-- 012
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 Davis
the vote was as follows.
Chairman Wesley S. Davis
Vice Chairman Bob Solari
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
, and, upon being put to a vote,
Ave
Ave
Aye
Ave
Aye
The Chairman thereupon declared the resolution duly passed and adopted this
20th day of January, 2015.
`� •""""'��ay�.,ti BOARD OF COUNTY COMMISSIONERS
rut!
9�! INDIAN RIVER COUNTY, FLORIDA
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0 0; ByS� /
Wesley S. Davis, Chairman
ATTEST: Jeffrey R. Smith, Circuit Court
Clerk and Comptroller
By:
Deputy Clerk
Approved as to Form and
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William K. beBraal
Deputy County Attorney
n.
Approved
osep A. acrd
ounty Administrator