HomeMy WebLinkAbout1972-002INllIAN RIVER COUN'T'Y ORDINANCE NO, 72=2
An Ordinance to be entitled:
An Ordinance relating to a special purpose district
to be known as "The Rock Ridge Subdivision Street
Lighting District"; fixing and prescribing its territorial
boundaries; providing for its government, jurisdiction,
powers, purposes and privileges; designating the Board
of County Commissioners of Indian River County as the
governing body of the district; providing for the adoption
of an annual budget; providing for special assessments
to fund the district; providing for the approval of this
ordinance by referendum election of the qualified electors
residing in the district and providing an effective date.
WHEREAS, the residents of the Rock Ridge Subdivisions
have petitioned the Board of County Commissioners of. Indian River
County to establish a "Street Lighting District", and
WHEREAS, the Board of County Commissioners has found
there is a need for street lights in the Rock Ridge Subdivisions,
BE IT ORDAINED by the Board of County Commissioners
of Indian River County:
SECTION 1. - CREMATION: There is hereby created a special
purpose district to be known as "The Rock Ridge Subdivision Street
Lighting District:.
SECTION 2 --BOUNDARIES: The district shall include all that
portion of Indian River County, Florida, outside the boundaries of
any incorporated municipality as follows:
Rock Midge Subdivision Unit No. 1, Flat (look 4,
Page 23
Rock Midge Subdivision Replat Unit No. 2, Plat
Book 4, Page 50
Rock Ridge Subdivitii.on Unit No. 3, flat Book 4,
Page 64
Rock Ridge Subdivision Unit No. 4, flat 13aok 5,
Page 7
Rock Ridge Subdivision Unit No. 5, Plat Book 5.
Page 2
Rock Ridge Subdivision Unit No. 6, Plat Book 5,
Page 67
Rock Ridge Subdivision Unit No. 7, Plat Book 5,
Page 81
Rock Ridge Subdivision Unit No. 8, Plat Book 6,
Page 53
Rock Ridge Subdivision Unit No. 9, Plat Book 6,
Page 23
as shown in the Public Records of Indian River County, Florida
SECTION 3 - PURPOSE: This district is created, if approved at
referendum election, for the purpose of providing adequate street
lighting for the residents of the district.
SECTION 4 - BOARD OF SUPERVISORS:
A. ORGANIZATION:
The business affairs of the district shall be conducted and
administered by the Board of County Commissioners acting as the
Board of Supervisors of the District. It shall be the duty of the Board
of Supervisors to carry out the purpose and intent of this Ordinance as
provided herein. The officers of the Board of County Commissioners
shall act as officers of the Board of Supervisors and shall receive no
additional compensation for their services as such except expenses
which shall be paid from the funds of the district.
B. MEETINGS:
The Board of Supervisors shall convene at least once
annually and in other sessions when called by the Chairman of the Board
or by a majority of the Supervisors of the Board; provided further that
no special meeting of said Board shall.be held until after public
announcement is given forty-eight (48) hours prior to the special
meeting unless it is determined that an emergency exists and that four
(4) members of said board are present at the special meeting or have
filed with the presiding officer of the Board a written concurrence
to the convening of such special meeting for the purposes set forth in
the written concurrence. The required public announcement shall be
deemed to have been made when the radio stations and newspapers
located in Indian lover County have been notified of the proposed
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special meeting. All meetings, whether annual or special, of the
Board of Supervisors shall be open to the public and shall be lield
within the District or at the Indian Itiver County Courthouse. hour
(4) of the Supervisors shall constitute a quorum and an affirmative
vote of at least three (3) of the Supervisors shall be necessary to the
transaction of any business of the District. The Supervisors shall
cause true and accurate minutes and records to be kept of all
business transacted by them and shall keep full and true complete
books of accounts and minutes which minutes, records, and books
of accounts shall at all reasonable times be open subject to the
inspection of the inhabitants of the District and any person desiring
to do so, may make or procure copies of the minutes, records or
books of accounts or such portion thereof as he may desire.
C. FINANCES:
The Board of Supervisors shall designate a batik or
other depository qualified as a state depository to receive and be
custodian of all moneys received by the Board. The funds of the
District shall be paid out only upon warrant signed by the Chairman
and Vice -Chairman. No warrants shall be drawn or issued against
funds of the District except for a purpose authorized by this Ordinance
and no such warrant shall be drawn until after the account or expenditure
has been ordered and approved by the Board of Supervisors in a
regularly held meeting.
D. L ENSLS:
The Supervisors under this Ordinance shall be paid ten
cents (104) per mile for authorized travel and shall be reimbursed for
all other authorized expenses incurred in connection with the transaction
of the business of the llistrict. 7110 Supervisors are authorized to pay
from the funds of the Distr•ic•t all 0spens::; of the organization of said
Board and all 0xpetisus necessarily incurred with the formation of the
District and all other reasonable and n0cussary espenseS, including
the fees and expenses of any attorney in the transaction of the
business of the District and in carrying out and accomplishing the
purposes of this Ordinance.
L. POWERS:
The Board of Supervisors shall have all the powers of
the body corporate including the power to contract and be contracted
with, to adopt and use a common seal, and to alter the same at
pleasure; to acquire, purchase, hold, lease anti convey teal and
personal properly as they may deem proper and expeclient to carry"
out the purposes of this Ordinance; the power to site and be sued; to
employ agents anti employces as they deem advisable; to adopt rules
and regulations for its own government and to Implement. interpret or
maks: specific any authority or power duly g;rai►led by this Ortdlnance. to
borrow funds, for a peritid not to exceed cult. (1) .cal" at an Intere;tt
rate not to excet'ed ei;"Ilt pct" carol (111%) tiecebs;ary to carry out tits
purposes; f,f tilt! Ordinance Iii an .4811 ued not to) exceed elg,l►ty pial" cent
(1105'0) of tile total c►nntoad revesimm of the year wheel Stich bol-rowinit Is
dung. NO s;umsi Shall Ire Irot"roGaeccd in a Sllbs elloelil Year unless all
motleys borrowed ill precewldinh ,y al"s; Nhall have been paid. including;
interest; Ito reveive and 'Becht frisel► /telly Nworce. gil'iliit k-ill-711da; or
property. labor or triller ldliilhs, fir! tial"t•yillg trot tilt Irurpostes of this;
Ordinance; to have the duty, right. powel" and iltilhority It) levy
special arse:;sntents ffn" benefilsci agailml all asueSSable property
within its lerrilorial bounds in order to provide fund.; for tale purposes
of a district, which .;aid al;icessincnts play be equally allocated among;
the platted lots within the District, but shall exclude those lands i
specifically excluded in Paragraph G of this; Ordinance; the special
assessment for District purposes Shall not exceed three mills
per dollar of the value assessed; to per chasr )foods, supplies and
materials for the use of the District in carrying out. the purposes
of this Ordinance without advertising ;ray notice or calling
for bids; it' the amount to he paid therefor docs not exceed Five
hundred Dollars ($500.00), otherwise, the applicable Bid Statutes
of the State of Florida will be complied with; and to do any other thing
deemed necessary by the S:ipervisors to carry out the purposes and
intent of this Ordinance. The Board of Supervisors may adopt such
rules and regulations not inconsistent with any portion of this ordinance,
as it may deem necessary in and about the transaction of its business
and in carrying out the provisions of this ordinance.
I-. BUDGET:
The Indian Rivet, County Tax Assessor shall furnish the
District s::ppervisiors with a lax roll coverhug, all taxable properties
in the District :►aid sspecilying lite assessed valise. thereof. In June of
each year, lite Berard of Supervisors shall nneret after notice by Publica-
tion to the Public, atold, id a public hearing, shall adopt by I•ettoltstion.
a budget derleri tinning the improvements to be made and lite estimated
atsaerold.q to be erxpre ilderd foo Ove plexi fis,;enl year In tale DN'triet.
G. Sol EC:lAlI.1IVY:
The I°eiigdustion p as.,cc:at In tvith Paragraph 1•" will hes
ilne111410:d in lov^ pninupte o pA the plk' and 44 County Co mlli.mA011e1°s at the
lip -fit 111voling, after sfuptpoualx„rtluila. "1°peer Board of County CofItfit IPut otleI'st
1s IMI budgmi the hopsthi rogmrvia rd smolt the Comssly Tax Amsosmor shall
thorn inclu@t the misiewsa.v'twunls thus:vi Iltaede lot the 111111auln River Ceautty
Tux 1101. and the aaapnm; seha111 be a:0114rcle:d lot alit” 1naslsner and f(erin suss i.-1
provided fere° Ow Collectiml of a mplay Ud vaalore v11 tla.xersl. abut! palld over
by the C;ounly T -Ax COIL-vlor leo the; Ite,aard of of the dintric:t
monthly, and tiler County. T'aux Asiste^scss:ear and County °I'ssx Collector s;111111
each receive: compensation for their services regarding such special
, nsessmunts for lighting benefits of one and one-half percrcnt (1-1/?.°0).
Fut•lhe[•, the services of the Tax Assessor and Tax Collecior under
this ordinance arc. hereby declared to be special services performed
directly for a certain special lightilig district and any payment ther•e-
fur shall nut be ccua5idered a part of the general income of such
off'icial's office. The payment of personnel required to do special work
shirt! he in:uio out of the one i11y, 01)(,-Il-
alf per cent (1-1/2°io) herein
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provided. The special assessments provided for herein, shall be a lien
upon the lands so assessed along with the County taxes assessed against
the same until said assessments and taxes havebeen paid, and, if same
become delinquent, shall be considered a part of the County tax, subject
to the same penalties, charges, fees and remedies for enforcement and
collection as provided by the laws of the State of Florida for the collection
of such taxes.
The following lands are exempted from the previsions of
this Ordinance for purposes of assessments:
(a) 'Those parts of tiny platted and recorded subdivisicni
Which lie wvithin life corporate litnits of tiny municipality
in Indian lliver County.
(la) All lands owned and upertlted under lite Jurisdiction
of ally Comtilcianity assoclation.
(c) All lands within llte dhariel owviued by any e^hurrh or
church a0e taentealin.ullaxsn thaq ba wised for Ow. 1101(illig of church
ttervicest.
(d) All la ntbi cw,;nic'd and n,cvtc rpletl by loaoildln pq, owviled tinct
crperr.Ited Aiy toner 0011RDA Olic;eID' Couiinty BVa ld Of Ilulalle
6eusfitt uclierii fcoi° lllunr of Operating a acho of for the
vdllvalionn erf the a°it ye nsi a.d' O.ialtan Idler County. _
SI°;C:"0 ION 5Ol-fi;8"I::OIl. ib0.� IuO:
A. Thin Orelianvicer slhnhl he auhnuitked No the cll►alllfictd Olvetors
remWictg, withili the of Me loraypove d 0019ntrlcrl for zrdoption
00, $'Plectimb Pit lit erlccttt" n 400 tie CalOerd Oay 4100" llexsird (;if Caxultly
f'e nnlntit;rticrlleo° t. Only tolow), villo acre, a etvidettlen of tlicr prc.spokl d
diearict .10100 MOO airs^ 4pbalifiefnl stint loe ar01MIct0 its visit$ In 1411d
vlection. Native of said 4,14-crlimi clialll lie. Inpirlielied once st eve+cis (of-
four
earfour (fi) ccT11:ivC%AivC wveeks in .1 newilliaper of gerticral circulation within
111than Itiver Cut1111y, :Ilhic"h notice shall generally desr.riie the, purpose of
the elv tion aid the ac -ca r.o1ll;ht to he conslituled a special purpose district,
and the time, place and date of said election. Said election shall be
conducted in the sanicr irl:uu er and under the same tales, ruler; and
regulations a:: those under which primary elections are held. It shall
he the duty of the Board of County Commissioners to provide the necessary
ballots for voting, voting machines, voting; places, inspectors, clerics, and
deputy sheriffs for t1w 11'Adillg or s irl election.
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M
B. The ballot used in the referendum election shall show
the following:
OFFICIAL BALLOT
This is a recial election on the question of the adoption
or rejection of a proposed County Ordinance creating a special
purpose district to be known as "The Rock Ridge Street Lighting
District".
"FOR" adoption of a proposed County Ordinance
creating a special purpose district to be known as
"The Rock Ridge Street Lighting District", which
authorizes the levof a special assessment not
exceeding three (35 mills per annum per dollar on
all taxable real property in the District for the
purposes of providing street lighting to the
residents of the District.
"AGAINST' adoption of a proposed County Ordinance
creating a special purpose district to be known as
"The Rock Ridge Street Lighting District", which
authorizes the lev of a special assessment not
exceeding three (31 allls per annum per dollar on
all taxable real property in the District for the
purposes of providing street lighting to the
residents of the District.
C. If this Ordinance is accepted and ratified by the majority
Of those qualified electors voting In the referendum election, it shall be
in full force and effect and the Board of County Commissioners shall declare
said special lighting district to be legally estabilsh,d but, if a majority
Of thos0qua)ified electors voting In the referendunn election, vote against
the adoption of this Ordinance, It shall be null and void and of no force.
The results of the referendums shall be certified to the Board of County
Commissioners, the Circuit Court and to the Department of State.
SEC71OR G - SAYINGS CLAUSE:
It is the intent of the Board of County Commissioners that if
any clause, section or provision of this Ordinance is declared to be
unconstitutional or invalid for any cause or reason, this Ordinance
would have been passed by the Board without such clause, section, or
provision and the same shall be eliminted for this Ordinance. The