HomeMy WebLinkAbout2024-001 SWDDSOLID WASTE DISPOSAL DISTRICT
RESOLUTION NO. 2024- 001
A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS, SITTING AS THE SOLID WASTE DISPOSAL DISTRICT OF
INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD
OF COLLECTING A NON -AD VALOREM SPECIAL COLLECTION ASSESSMENT
TO BE LEVIED WITHIN THE UNINCORPORATED AREA OF INDIAN RIVER
COUNTY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections
125.01 and 125.66, Florida Statutes, the Indian River County Board of County Commissioners
has all powers of local self-government to perform county functions and to render services in a
manner not inconsistent with general law and such power may be exercised by the enactment of
county ordinances; and
WHEREAS, the Board has created the Indian River County Solid Waste Disposal District
(SWDD or District), a dependent special district of Indian River County; and
WHEREAS, the regulation of the collection and disposal of solid waste within the county by
the Board and SWDD serves a public purpose, and promotes and protects the health, safety, and
welfare of the citizens of Indian River County; and
WHEREAS, the SWDD is contemplating the imposition of a special collection assessment
to residential properties within the unincorporated areas of Indian River County, as authorized by
F.S. 197.3632, as this method will allow such special assessments to be collected annually,
commencing for the Fiscal Year beginning October 1, 2025, and continuing until discontinued
by the District;
WHEREAS, the District duly advertised a public hearing of this Resolution, in a newspaper
of general circulation with Indian River County, Florida, for four (4) consecutive weeks
preceding the public hearing; and
WHEREAS, proof of publication of such hearing being is attached hereto as Exhibit A; and
WHEREAS, a legal description of the boundaries of real property subject to the levy is
attached hereto as Exhibit B; and
WHEREAS, upon adoption of this Resolution, the District shall dispatch a copy via United
States mail to the Indian River County Property Appraiser, Indian River County Tax Collector,
and the State of Florida Department of Revenue; and
WHEREAS, upon passage of this Resolution, the County Administrator is authorized to take
the necessary administrative measures required to ensure that the solid waste collection
assessments are properly assessed and collected; and
WHEREAS, adoption of this Resolution, the levy collection and enforcement of costs of
SOLID WASTE DISPOSAL DISTRICT
RESOLUTION NO. 2024- 001
non -ad valorem assessments for the cost of solid waste collection services to real residential
property within the unincorporated Indian River County is determined to be in the public interest
and provides for the general health safety and welfare of the citizens within unincorporated
Indian River County; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ACTING IN ITS
CAPACITY AS THE GOVERNING BOARD OF THE SOLID WASTE DISPOSAL
DISTRICT, THAT:
SECTION 1. RECITALS. The above Whereas Clauses are true, correct, and are hereby
adopted and incorporated herein as the legislative findings of the Board of County
Commissioners.
SECTION 2. INTENT. The District does hereby state and express its clear intent to
utilize the uniform method for the levy, collection and enforcement of non -ad valorem collection
assessments pursuant to Florida Statute 197.3632 for the levy, collection and enforcement of
costs for solid waste collection services for all real residential property located within
unincorporated Indian River County, as described in Exhibit B attached hereto in order to
provide for the health, safety and welfare of the citizens of unincorporated Indian River County.
SECTION 3. NEED FOR LEVY. The District does hereby state and express the need
for levy in order to provide for the collection and enforcement of non -ad valorem assessments
pursuant to Florida Statute 197.3632 collection and enforcement of costs for solid waste
collection services for all real residential property located within unincorporated Indian River
County, as described in Exhibit B attached hereto in order to provide for the health, safety and
welfare of the citizens of Unincorporated Indian River County.
SECTION 4. ADMINISTRATIVE ACTIONSIMEASURES. C Upon adoption, the
County staff is hereby directed to send a copy of this Resolution by United States mail to the
Florida Department of Revenue, the Indian River County Tax Collector, and the Indian River
County Property Appraiser by January 10, 2025. The County Administrator is further authorized
to take all other necessary administrative measures required to ensure that the solid waste
collection assessments are properly assessed and collected.
SECTION 5. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed.
SECTION 6. EFFECTIVE DATE. This Resolution shall take effect upon adoption.
SOLID WASTE DISPOSAL DISTRICT
RESOLUTION NO. 2024- 001
The foregoing resolution was moved for adoption by Commissioner Moss
and seconded by Commissioner F 1 e s cher , and, upon being put to a vote, the vote was
as follows:
Chairman Joseph E. Flescher AYE
Vice -Chairman Deryl Loar AYE
Commissioner Susan Adams AYE
Commissioner Joseph H. Earman AYE
Commissioner Laura Moss AYE
The Chairman thereupon declared the resolution duly passed and adopted this 17'h day of
December 2024.
SOLID WASTE DISPOSAL DISTRICT
BOARD OF COMMISSIONERS
OF INDI RIVER C NTY, FLORIDk3.
By. J ph E. Flescher, Chairman
'9��FR COUt11� �
Ryan L. Butler, Clerk of Court
and Comptroller
By: �� (SEAL)
Deputy Clerk
Approved as to form and legal sufficiency:
By: W .
J fifer W huler, County Attorney
EXHIBIT "A" TO SOLID WASTE DISPOSAL DISTRICT RESOLUTION NO. 2024- 001
PROOF OF PUBLICATION
aw LocaliQ
Florida PO Box 631244 Cincinnati, OH 45263-1244
GANNETT
In the event any person decides to
opixal any decision by the County
watter relating
with respect to any m
ro the consideration ofthe resolution
at the obove,relerence I public rear -
Ing, o record of the procendl ng may
be eared and In such event,
such person may need to ensure that
o y,rr him record of the Pub l lc
hearing made, which record
includes the one evidence
on which the appealal Is IS toa 1A bored.
app
- Clerk
Leal l.�l " `
/
NOTICF OF INTENT TO USE
AFFIDAVIT OF PUBLICATION
UNIFORM METHOD OF
Customer No:
COLLECTING
PO #:
NON -AD VALOREM ASSESS-
MENTS
Christina Moore
Indian River County Attorneys Office
1801 27Th ST
Vero Beach FL 32960-3388
Indian"Coun River County, Florida (the
"Countyt hereby Provides notice,
Pursuant settlors 197.3602 it. us,
Florida Slatotutes, of Its Intent to use
the uniform method of collecting
non -cid valorem special assessments
throuvo
houl the unincorporatedld
all Incorporated areas of the County,
ter wry Ices, facilities, and
programs for street lighting mainte-
nance and Improvements, roadway
STATE OF WISCONSIN, COUNTY OF BROWN
Before the undersigned authority appeared, who
maintenance and Imorovemenls.
star mwoter maintenance and
improvements, water and sewer
maintenance and Improvements,
solid waste disposal maintenance
and Improvements: and Other public
services and locllltles allby
low, commencing for the Fiscal
personally
g Y p Y pp
on oath says that he or she is the Legal Advertising
Representative of the Indian River Press Journal/St Lucie
News Tribune/Stuart News, newspapers published in Indian
Year beginning an October 1. 2075.
and
the Countyutng until discontinued by,
The County will consider the adop•
tion orrenal Oh eleclic to use
the uniform mee thod of collecting
such assessments authorized by
section 197.3632, Florida Sintates, at
River/St Lucie/Martin Counties Florida; that the attached
copy of advertisement, being a Legal Ad in the matter of
a public hearing ip ba held at 9:00
a.m. an Iver .r 17, 2aBo in the
CountRiver County Board of
County Commission Chambers, 1e01
27th Streel, Vera Beach, Florida. All
Public Notices, was published on the publicly accessible
Interested persons are Invited to
attend. Such resolution will state the
need for the levy and will contain a
legal description of the boundaries
websites of Indian River/St Lucie/Martin Counties, Florida,
or in a newspaper by print in the issues of, on:
11/15/2024 11/22/2024, 11/29/2024, 12/06/2024
Affiant further says that the website or newspaper complies
of the real property sublect to the
levy. Cop les of the proposed form of
resolution, which contains the legal
descriptn of the real property
in subject to the levy, are on file at the
Office of the Clerk to the Board of
Cc'my Commissioners, located at
Building A of the Indian River
county Adminlstrative Complex,
left 271h Street, Vero Beach,
Florida.
This notice of intent to use the
uniform method of collection in n,
wov obligates the County to Imple-
ment any program of on -ad
with all legal requirements for publication in chapter 50,
valorem speclai assessments. It
simply preserves this collection
method,
Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who
is personally known o me, on�6/2024
In the event any person decides to
opixal any decision by the County
watter relating
with respect to any m
ro the consideration ofthe resolution
at the obove,relerence I public rear -
Ing, o record of the procendl ng may
be eared and In such event,
such person may need to ensure that
o y,rr him record of the Pub l lc
hearing made, which record
includes the one evidence
on which the appealal Is IS toa 1A bored.
app
- Clerk
Leal l.�l " `
/
In acrnrtlance with the Americans
with Oflabrefer lhies Act, persons need -
Ing a special occommodoflon or on
interpreter to aarticl cont in this
CountProceeding shooltl ator of the
County's ADA Coordinator of (772)
Nota , State of WI, Count ot'Brown
ry,
$1 40
of heart rl Dears pear to
the dale of the hearing.
the date
Customer No:
INDIAN RIVER COUNTY BOARD
PO #:
OF COUNTY
COMMISSIONERS
�2
SUSAN ADAMS, CHAIRMAN
Pub: Nov 15,22,29, Dec 6, 2024
My commission expires
TCN 10771435
Publication Cost: $591.90
Tax Amount:
$0.00
Payment Cost:
$591.90
Order No:
10771435 # of Copies:
Customer No:
1125303 1
PO #:
THIS 1S NOT AN INVOICE!
Please do not use thi,sJormJor payment remittance
I� KAITLYN FELTY
Notary Public
State of Wisconsin
h
Page 1 of 1
Page 1
EXHIBIT "B" TO SOLID WASTE DISPOSAL DISTRICT RESOLUTION NO. 2024-001
MAP AND LEGAL DESCRIPTION OF THE BOUNDARIES OF
UNICORPORATED INDIAN RIVER COUNTY
i p Cw�M Tu.n u(
a
I S.bartian. U.Nd
o L.
� csvM
imw
sro.
5 -
�.rn
A^^�UNINCORPORATED -'-' UnincwpoatedC-nty
s' INDIAN RIVER COUNTY e�] Municipalities
LEGAL DESCRIPTION OF UNINCORPORATED INDIAN RIVER COUNTY, FLORIDA
Being all of those lands as described and recorded in Chapter 7, Section 31 (7.31), Florida Statutes and being
more particularly described as follows:
Beginning at the northwest corner of township thirty-one south, of range thirty-five east; thence east on the line
dividing the townships thirty and thirty-one south, to the point where said line intersects the thread of the south
fork of the St. Sebastian River; thence northerly down the thread of said stream to the main stream of the St.
Sebastian River; thence down the thread of the St. Sebastian River to its confluence with the Indian River;
thence east to the intersection with the southwesterly extension of the centerline of the approach channel to the
Sebastian Inlet from the Indian River; thence northeasterly along said centerline and continue northeasterly and
easterly along the centerline of the Sebastian Inlet to the Atlantic Ocean; thence southward along the Atlantic
coast, including the waters of the Atlantic Ocean within the jurisdiction of the State of Florida to the intersection
of said Atlantic coast and a line lying 45.22 feet south of, as measured at right angles to, the township line
dividing townships thirty-three and thirty-four south; thence west, parallel with, and 45.22 feet south of said
township line, to the west right-of-way line of State Road AIA; thence northwesterly along said right-of-way line
to the intersection of said right-of-way line and the north line of Lot 25, plat of Kansas City Colony, as recorded
in Plat Book 4, page 23, of the public records of St. Lucie County, Florida- Said north line of Lot 25 lying 150
feet north of, and parallel with, as measured at right angles to, the township line dividing townships thirty-three
and thirty-four south; thence west along the north line of said Lot 25 to the easterly mean high water line of
Round Island Creek; thence meandering southeasterly along said mean high water line to its intersection with
the township line dividing townships thirty-three and thirty-four south; thence west on said township line to
range line dividing ranges thirty-five and thirty-six east; thence north between ranges thirty-five and thirty-six
east to the northeast corner of section one, township thirty-three south, range thirty-five east; thence west on
township line dividing townships thirty-two and thirty-three south, range thirty-five east to the range line dividing
ranges thirty-four and thirty-five east; thence north on said range line to the northwest corner of township thirty-
one south, range thirty-five east, being the place of beginning.
Less and excepting therefrom the following:
All lands lying within the bounds of the City of Vero Beach, Florida:
AND
All lands lying within the bounds of the City of Fellsmere, Florida:
AND
All lands lying within the bounds of the City of Sebastian, Florida:
AND
All lands lying within the bounds of the Town of Orchid, Florida:
AND
All lands lying within the bounds of the Town of Indian River Shores, Florida.
Page 1