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HomeMy WebLinkAbout2023-007ORDINANCE NO. 2023- 007 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING THE WATER PORTION OF THE NORTH COUNTY WATER AND SEWER PROJECT — PHASE 2; PURPOSE; LEVY OF ASSESSMENT, ADOPTION OF BUDGET; DISPOSITION OF PROCEEDS FROM THE LEVY OF ASSESSMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Department of Utility Services has completed the North Sebastian Water and Sewer Project — Phase 2; and WHEREAS, the sewer portion of the project was performed as no cost to the property owners of the area; and WHEREAS, a portion of the costs of providing the water infrastructure will be borne by the property owners in the area; and WHEREAS, the Indian River County Board of County Commissioners has determined that utilizing the uniform method for the collection for assessments, under section 197.3632, Florida Statutes, for the water portion of the project is a reasonable method by which to collect the assessments, NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 ESTABLISHMENT OF ASSESSMENT FOR WATER PORTION OF THE NORTH COUNTY WATER AND SEWER PROJECT — PHASE 2 There is hereby established an assessment for the water portion of the North County Water and Sewer Project — Phase 2 in Indian River County, with the real property subject to such assessment described as follows: All that certain property lying within the following described boundaries.- LEGAL oundaries: LEGAL DESCRIPTION: NORTH COUNTY WATER/SEWER PROJECT PHASE 2 BEING A PORTION OF THOSE LANDS LYING IN SECTION 21 OF THE FLEMING GRANT AND SECTION 25, TOWNSHIP 30 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE TOWNSITE PLAT OF ROSELAND, FLORIDA AS RECORDED IN PLAT BOOK 1, PAGE 43 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA (NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA) AND THE CENTERLINE OF A 16 FOOT WIDE ALLEY LYING UPON BLOCK 6 OF SAID PLAT; THENCE RUN NORTHWESTERLY ALONG SAID SOUTHWESTERLY 1 ORDINANCE NO. 2023-007 LINE TO THE INTERSECTION OF SAID SOUTHWESTERLY LINE AND THE CENTERLINE OF THE 16 FOOT WIDE ALLEY THAT LIES UPON BLOCK 5, OF THE AFORESAID PLAT; THENCE DEPARTING SAID SOUTHWESTERLY LINE, RUN NORTHEASTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF LOT 9, BLOCK 5 OF SAID PLAT; THENCE DEPARTING SAID CENTERLINE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 9 AND THE NORTHWESTERLY EXTENSION THEREOF, TO THE EAST CORNER OF SAID LOT 9; THENCE SOUTHEASTERLY TO A POINT ON THE NORTHWESTERLY LINE OF LOT 2, BLOCK 6, OF SAID PLAT, SAID POINT LYING 15 FEET SOUTHWESTERLY OF THE NORTH CORNER OF LOT 2; THENCE RUN SOUTHEASTERLY ALONG A LINE LYING 15 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 2, TO THE INTERSECTION OF SAID LINE AND THE SOUTHEASTERLY EXTENSION THEREOF AND THE CENTERLINE OF THE 16 FOOT WIDE ALLEY THAT LIES UPON BLOCK 6 OF SAID PLAT; THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL 2: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF WAY LINE OF 129TH STREET (DALE STREET PER TOWNSITE PLAT OF ROSELAND, FLORIDA) AND THE CENTERLINE OF THE ALLEY LYING UPON BLOCK 8, OF THE AFORESAID TOWNSITE PLAT OF ROSELAND, FLORIDA; THENCE RUN NORTHWESTERLY, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE TO A POINT ON THE MEAN HIGH WATER LINE OF THE ST. SEBASTIAN RIVER; THENCE DEPARTING SAID NORTHEASTERLY RIGHT OF WAY LINE, RUN NORTHEASTERLY ALONG SAID MEAN HIGH WATER LINE, TO THE NORTH CORNER OF LOT 1, BLOCK B1 OF SAID PLAT; THENCE DEPARTING SAID MEAN HIGH WATER LINE, RUN SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID BLOCK B1 TO THE EAST CORNER OF SAID LOT 1; THENCE DEPARTING SAID NORTHEASTERLY LINE, RUN SOUTHERLY TO THE NORTH CORNER OF LOT 1, BLOCK B2 OF SAID PLAT; THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID BLOCK B2 TO THE MOST EASTERLY CORNER OF LOT 5, BLOCK B2 OF SAID PLAT, SAID POINT ALSO LYING ON THE NORTHERLY RIGHT OF WAY LINE OF 82ND COURT (BERRY AVENUE PER SAID PLAT); THENCE DEPARTING SAID NORTHEASTERLY LINE, RUN SOUTHWESTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID 82ND COURT, TO THE MOST EASTERLY CORNER OF LOT 10, BLOCK 1, OF SAID PLAT; THENCE DEPARTING SAID NORTHWESTERLY RIGHT OF WAY LINE, RUN SOUTHEASTERLY TO THE NORTH CORNER OF LOT 1, BLOCK 10, OF SAID PLAT; THENCE RUN SOUTHEASTERLY, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF 130TH STREET (GIBSON STREET PER PLAT) TO THE INTERSECTION OF SAID RIGHT OF WAY LINE AND THE CENTERLINE OF THE 16 FOOT WIDE ALLEY LYING UPON BLOCK 10 OF SAID PLAT; THENCE DEPARTING SAID SOUTHWESTERLY RIGHT OF WAY LINE, RUN SOUTHWESTERLY ALONG SAID CENTERLINE AND THE SOUTHWESTERLY EXTENSION THEREOF TO THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF 129TH PLACE (BAIRD STREET PER PLAT) AND THE CENTERLINE OF THE 16 FOOT WIDE ALLEY LYING UPON BLOCK 9 OF SAID PLAT; THENCE RUN SOUTHWESTERLY ALONG SAID CENTERLINE AND THE SOUTHWESTERLY EXTENSION THEREOF, TO THE INTERSECTION OF THE 2 ORDINANCE NO. 2023-007 SOUTHWESTERLY RIGHT OF WAY LINE OF 129TH COURT (JOSIE STREET PER PLAT) AND THE CENTERLINE OF THE 16 FOOT WIDE ALLEY LYING UPON BLOCK 8 OF SAID PLAT; THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL 3: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF 133RD COURT (CENTRE AVENUE PER PLAT) AS SHOWN ON THE PLAT OF WAUREGAN, AS RECORDED IN BREVARD COUNTY PLAT BOOK 1, PAGE 178 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA (NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA); THENCE RUN NORTHWESTERLY, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, TO A POINT ON THE MEAN HIGH WATER LINE OF THE ST. SEBASTIAN RIVER, SAID POINT ALSO LYING UPON THE NORTHERLY LINE OF THE LOT LABELED AS RESERVED, LYING NORTHERLY OF BLOCK 4, PER SAID WAUREGAN PLAT; THENCE RUN NORTHEASTERLY, ALONG SAID MEAN HIGH WATER LINE, TO THE MOST NORTHERLY CORNER OF LOT 1 OF SAID WAUREGAN PLAT; THENCE DEPARTING SAID MEAN HIGH WATER LINE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF 83RD AVENUE (BAY STREET PER PLAT); THENCE RUN SOUTHWESTERLY, ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, TO THE SOUTH CORNER OF LOT 5 OF SAID WAUREGAN PLAT; THENCE DEPARTING SAID NORTHWESTERLY RIGHT OF WAY LINE, RUN SOUTHEASTERLY TO THE NORTH CORNER OF LOT 1, BLOCK 1 OF SAID WAUREGAN PLAT; THENCE RUN SOUTHEASTERLY, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF 135TH STREET (WAUREGAN AVENUE PER PLAT), TO THE EAST CORNER OF THE NORTHEASTERLY ONE-HALF OF LOT 5, BLOCK 16 OF SAID WAUREGAN PLAT; THENCE DEPARTING SAID SOUTHWESTERLY RIGHT OF WAY LINE, RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF THE NORTHEASTERLY ONE-HALF OF SAID LOT 5, TO THE SOUTH CORNER OF THE NORTHEASTERLY ONE-HALF OF SAID LOT 5; THENCE RUN NORTHWESTERLY, ALONG THE NORTHEASTERLY LINE OF LOT 8, LOT 9 AND LOT 10, BLOCK 16 OF SAID PLAT, TO A POINT 15 FEET NORTHWESTERLY OF THE NORTH CORNER OF LOT 9, BLOCK 16, OF SAID WAUREGAN PLAT; THENCE RUN SOUTHWESTERLY, ALONG A LINE 15 FEET NORTHWESTERLY OF AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID 9, TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF 134TH STREET (BREVARD AVENUE PER PLAT); THENCE RUN SOUTHERLY TO THE EAST CORNER OF LOT 4, BLOCK 15, OF SAID WAUREGAN PLAT, SAID POINT LYING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF 134TH STREET; THENCE RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 4, TO THE SOUTH CORNER OF SAID LOT 4; THENCE RUN SOUTHEASTERLY TO THE NORTH CORNER OF THE NORTHWEST ONE-HALF OF LOT 7, BLOCK 15; THENCE RUN SOUTHWESTERLY, ALONG THE SOUTH LINE OF THE NORTHWESTERLY ONE-HALF OF SAID LOT 7, TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF 133RD PLACE (MANATEE AVENUE PER PLAT); THENCE RUN WESTERLY TO THE EAST CORNER OF LOT 5, BLOCK 14, OF SAID WAUREGAN PLAT; THENCE RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 5, TO THE SOUTH CORNER OF SAID LOT 5; THENCE 3 ORDINANCE NO. 2023-007 RUN NORTHWESTERLY, ALONG THE NORTHEASTERLY LINE OF LOT 8 AND LOT 9, BLOCK 14, OF SAID WAUREGAN PLAT, TO THE NORTH CORNER OF SAID LOT 9; THENCE RUN SOUTHWESTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 9, TO THE WEST CORNER OF SAID LOT 9; THENCE RUN SOUTHEASTERLY TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL 4: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6, BLOCK K OF THE PLAT OF ERCILDOUNE HEIGHTS SUBDIVISION No. 2, AS RECORDED IN PLAT BOOK 4, PAGE 5 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN WESTERLY, ALONG THE SOUTH LINE OF SAID LOT 6, TO A POINT ON THE NORTHEASTERLY LINE OF LOT 1 OF THE AFORESAID WAUREGAN PLAT; THENCE RUN NORTHWESTERLY, ALONG THE WESTERLY LINE OF THE AFORESAID ERCILDOUNE HEIGHTS SUBDIVISION No. 2 PLAT, TO THE MEAN HIGH WATER LINE OF THE ST. SEBASTIAN RIVER; THENCE RUN NORTHERLY, ALONG SAID MEAN HIGH WATER LINE, TO THE NORTHWEST CORNER OF LOT 16, BLOCK A OF SAID PLAT; THENCE CONTINUE NORTHERLY, ALONG SAID MEAN HIGH WATER LINE, TO THE NORTHWEST CORNER OF LOT 15, BLOCK A OF THE PLAT OF ERICILDOUNE HEIGHTS SUBDIVISION No. 1, AS RECORDED IN PLAT BOOK 3, PAGE 74 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE DEPARTING SAID MEAN HIGH WATER LINE, RUN EASTERLY ALONG THE NORTH LINE OF SAID LOT 15, TO THE NORTHEAST CONRER OF SAID LOT 15, SAID POINT LYING ON THE WEST RIGHT OF WAY LINE OF 80TH AVENUE (SUNSET BOULEVARD PER PLAT); THENCE RUN NORTHEASTERLY TO THE NORTHWEST CORNER OF LOT 3, BLOCK B, OF SAID PLAT, SAID POINT LYING ON THE EAST RIGHT OF WAY LINE OF 80TH AVENUE (SUNSET BOULEVARD PER PLAT); THENCE RUN EASTERLY, ALONG THE NORTH LINE OF LOT 3 AND LOT 4, BLOCK B, OF SAID PLAT, TO THE NORTHEAST CORNER OF SAID LOT 4, SAID POINT ALSO LYING ON THE WEST RIGHT OF WAY LINE OF 78TH AVENUE (BEVERLY ROAD PER PLAT); THENCE RUN SOUTHERLY, ALONG SAID WEST RIGHT OF WAY LINE TO THE SOUTHEAST CORNER OF LOT 4 OF SAID PLAT; THENCE CONTINUE SOUTHEASTERLY, TO THE SOUTHEAST CORNER OF LOT 10, BLOCK B, OF THE AFORESAID PLAT OF ERCILDOUNE HEIGHTS SUBDIVISION No. 2; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, RUN SOUTHEASTERLY TO THE POINT OF INTERSECTION OF THE CURVE CONCAVE SOUTHWESTERLY, LYING UPON LOT 3, BLOCK F OF SAID PLAT; THENCE RUN SOUTHWESTERLY, ALONG THE TANGENT OF SAID CURVE AND THE WESTERLY RIGHT OF WAY LINE OF 142ND WAY (PALM LANE PER PLAT), TO THE SOUTH CORNER OF LOT 4, OF SAID PLAT; THENCE RUN SOUTHERLY TO THE NORTHEAST CORNER OF LOT 6, BLOCK G OF SAID PLAT; THENCE RUN SOUTH, ALONG THE WEST RIGHT OF WAY LINE OF 79TH AVENUE (PALM LANE PER PLAT), TO THE SOUTHEAST CORNER OF LOT 7, BLOCK H, OF SAID PLAT; THENCE RUN WEST, ALONG THE SOUTH LINE OF SAID BLOCK H, SAID LINE ALSO BEING THE NORTH RIGHT OF WAY LINE OF 140TH STREET (OAK LANE PER PLAT) TO THE SOUTHWEST CORNER OF LOT 12, BLOCK H, OF SAID PLAT; THENCE RUN SOUTHWESTERLY TO THE POINT OF BEGINNING. 4 ORDINANCE NO. 2023- 007 TOGETHER WITH: PARCEL 5: BEGINNING AT THE NORTH CORNER OF LOT 1, BLOCK A OF THE PLAT OF RIVER TREES, AS RECORDED IN PLAT BOOK 9, PAGE 24 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID BLOCK A, TO THE POINT ON THE NORTHEASTERLY LINE OF LOT 5, BLOCK A OF SAID PLAT; THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 5, TO THE NORTH CORNER OF SAID LOT 5; THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 5, TO THE EAST CORNER OF SAID LOT 5; THENCE RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 5, TO THE NORTH CORNER OF LOT 6, BLOCK A OF SAID PLAT; THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 6, TO THE EAST CORNER OF SAID LOT 6; THENCE RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, TO THE NORTH CORNER OF LOT 7, BLOCK A, OF SAID PLAT; THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 7, TO THE EAST CORNER OF SAID LOT 7; THENCE RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7 AND THE SOUTHEASTERLY LINE OF LOT 6, BLOCK B OF SAID PLAT, TO THE SOUTH CORNER OF SAID LOT 6; THENCE RUN NORTHWESTERLY, ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK B, TO THE WEST CORNER OF LOT 2, BLOCK B, OF SAID PLAT; THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, TO THE NORTH CORNER OF SAID LOT 2; THENCE RUN NORTHWESTERLY, TO THE WEST CORNER OF THE AFORESAID LOT 1, BLOCK A; THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, SAID LINE ALSO BEING THE SOUTHEASTERLY RIGHT OF WAY LINE OF BAY STREET TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL 6: BEGINNING AT THE EAST CORNER, LOT 5, BLOCK A OF SAID PLAT OF RIVER TREES, AS RECORDED IN PLAT BOOK 9, PAGE 24 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF PARCEL TWO, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3334, PAGE 820, SAID LINE ALSO BEING THE SOUTHEASTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2308, PAGE 1466, BOTH PARCELS BEING RECORDED IN THE PUBLIC REOCRDS OF INDIAN RIVER COUNTY, FLORIDA, TO A POINT ON THE MEAN HIGH WATER LINE OF THE INDIAN RIVER; THENCE RUN SOUTHEASTERLY, ALONG SAID MEAN HIGH WATER LINE, TO THE MOST NORTHERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3271, PAGE 1421, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTHWESTERLY, ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, SAID LINE ALSO BEING THE SOUTHEASTERLY LINE OF THE AFORESAID PARCEL TWO AS DESCRIBED IN OFFICIAL RECORDS BOOK 3334, PAGE 820, TO THE EAST CORNER OF LOT 6, BLOCK A OF SAID PLAT OF RIVER TREES; THENCE RUN NORTHWESTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 6, TO THE NORTH CORNER OF SAID LOT 6; THENCE RUN NORTHEASTERLY, ALONG THE SOUTHEASTERLY LINE OF THE AFORESAID LOT 5, TO THE POINT OF BEGINNING. 5 ORDINANCE NO. 2023- 007 ALL LYING IN INDIAN RIVER COUNTY, FLORIDA. and as depicted below: ORDINANCE NO. 2023- 007 NORTH COUNTY WATER ! SEWER PROJECT PHASE 2 WATER ASSESSMENT PROJECT Legend; ' j E3Parcel l © Patcel 3 ® PArcel 4 Parcel 5 ®parcel -5 t� Z PARCEL 6 MAIN IN , caloy'vol 1 1 1 wk4o 7 0 ORDINANCE NO. 2023- 007 NORTH COUNTY WATER I SEWER PROJECT PHASE 2 WATER ASSESSMENT PROJECT _ � A PORTION OF TOWNSITE PLAT OF ROSELAND Legend ® Parcei_1 ® Parcel 2 (rf) River Front 1 (rrf) Railroad Front afli� 12975 h 1283E 05� QV 12973 NQS �`ti `b-� 12946 �r2906 12915 \ STyS, 290 X> Parcel 1 8 12956 12953 1 13 13035 12995 8280 \ 85 12990 ��. ` 8250 12980 j 12ss5 12974 12985 8220 y 12980 o � 12965 1\2970 Parcels 1 & 2 / /j ORDINANCE NO. 2023- 007 NORTH COUNTY WATER / SEWER PROJECT PHASE 2 WATER ASSESSMENT PROJECT A PORTION OF PLAT OF WAUREGAN ON FLEMING GRANT 13575 Legend 8355 8327 ® Parcel 3 8325 13555, 8315 K 13 13545 8301KA 13529 8300 13537 13445 13515 Ix 13535 ujQ Z C- Q 13405 F- N Q m 13345 13425 LU q 13333 13331 13350 828 8255 S� 0 �� 13329 13328 8275 OG 8235 ~\ 828' 13325 �ry x'8240 \. 13311 8295 8282� 8255`���'� \ \� �r 13305 13320 8289 ��� 8250 8235\41�. \` 8282 OAS 240 \\ \`. 8275 8245, `,� X /f x00 8240 8225 Parcel 3 ol I ORDINANCE NO. 2023- 007 NORTH COUNTY WATER / SEWER PROJECT PHASE 2 WATER ASSESSMENT PROJECT I, A PORTION OF ERCILDOUNE HEIGHTS No. 1 BALL OF ERCILDOUNE HEIGHTS No. 2 1 t 14365 Legend 14370 - S ® Parcel 4 14345 �G 14360 m 14355 °° 14325 0 t14300 7800 y 14325 m �S 1 14315 r 8060 7999 7989 `T x` 14265 4e Ar 8080 14240 4; 14195 14155 14125 7 Q 14095 O'D 14055 14025 142ND ST 7840 Al 7880 14190 8065 8045 8035 8025 8005 14150 8066 8046 8036 8026 8006 -- 141 ST ST 14090 8065 8045 8035 8025 8005 14020 8066 8046 8036 8006 Q 140TH ST Parcel 4 10 ORDINANCE NO. 2023-007 NORTH COUNTY WATER I SEWER PROJECT PHASE 2 WATER ASSESSMENT PROJECT A PORTION OF RIVER TREE SUBDIVISION -fig 13990 13820 13725 11 13790 N �i y Legend EmParcel 5 ® Parcel_6 PARCEL .6 PARCEL 5 & 6 M1382513700 13725 11 13790 N �i y Legend EmParcel 5 ® Parcel_6 PARCEL .6 PARCEL 5 & 6 ORDINANCE NO. 2023- 00 7 SECTION 2 PURPOSE This assessment is for the purposes of funding water infrastructure improvements within the boundaries of the assessment area; and funding design, engineering and construction of those improvements deemed necessary or desirable. SECTION 3 LEVY OF ASSESSMENT, ADOPTION OF BUDGET A. The Indian River County Board of County Commissioners ("Board") hereby authorizes a levy of a non ad valorem assessment in an amount determined annually based on estimated costs of providing water services to the benefited North County area properties for the ensuing County fiscal year as defined under this ordinance for any or all of those purposes above described, on an assessment per parcel. B. Pursuant to said authority, the Board hereby further authorizes the levying and collection of non ad valorem assessments in a uniform manner under section 197.3632, Florida Statutes. C. Non ad valorem assessments authorized under this section shall be assessed, levied, collected, remitted to and accounted for at the same time and in the same manner as the assessments, levies, collection, and remittance of taxes to the General Fund by the Board as provided by law. SECTION 4 DISPOSITION OF PROCEEDS FROM LEVY OF TAXES All funds obtained by the levy of a non ad valorem assessment on the property within the boundaries set forth in this ordinance shall be maintained in a separate account and used solely for the purpose of providing those services set forth above. SECTION 5 ADOPTION OF ASSESSMENT ROLL, AMOUNT AND UNIT OF MEASUREMENT The Board hereby adopts the assessment roll attached to this ordinance and incorporated herein; adopts the amount of the assessment as being $2,247.76. Residents will have the option to pay in full within 90 days of the adoption of Resolution IV, which is the final as -built resolution confirming the final assessment amount; otherwise, the amount will be levied over 10 years at a maximum annual percentage rate (APR) of 3.25%. SECTION 6 SEVERABILITY If any portion of this ordinance is held or declared by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, which shall remain in full force and effect. 12 ORDINANCE NO. 2023- 007 SECTION 7 EFFECTIVE DATE The provisions of this ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Indian River Press Journal on the 21St day of April, 2023, for a public hearing to be held on the 16th day of May, 2023, at which time it was moved for adoption by Commissioner Adams seconded by Commissioner Flescher and adopted by the following vote: Chairman Joseph H. Earman AYE Vice Chairman Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Deryl Loar AYE Commissioner Laura Moss AYE The Chairman thereupon declared the ordinance duly passed and adopted this 16th day of May, 2023. ATTEST: Jeffrey R. Smith, Clerk and Co ptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA This Ordinance was filed with the Department of State on the J& -A day of May, 2023. APPROVED AS TO FORM At41D LEGAL SUF=FICIENCY BY 1—M L N dF!Ei \jG0LC COUNTY /\170 R N EY 13