HomeMy WebLinkAbout2015-007ORDINANCE NO. 2015- 007
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, CREATING THE OCEANSIDE REPLAT STREET
LIGHTING MUNICIPAL SERVICE BENEFIT UNIT; PURPOSE; LEVY OF
ASSESSMENT, ADOPTION OF BUDGET; DISPOSITION OF PROCEEDS
FROM THE LEVY OF ASSESSMENT; AMENDING SECTION 200.07 OF
CHAPTER 200, MUNICIPAL SERVICE TAXING OR BENEFIT UNIT, OF THE
INDIAN RIVER COUNTY CODE OF ORDINANCES; AND PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Oceanside Replat is located east of Highway A -1-A between Porpoise
Point and Floraton Beach Subdivisions and is comprised of 42 lots for which adequate
street lighting is vitally necessary; and
WHEREAS, the property owners of Oceanside Replat have asked the County for
assistance in providing street lights for their community; and
WHEREAS, the property owners of Oceanside Replat have expressed a willingness
to fund the necessary improvements through a specially established Municipal Service
Benefit Unit (MSBU); and
WHEREAS, the County and the City of Vero Beach Utilities have entered into an
agreement to install and maintain street lights in Oceanside Replat, which will improve the
health, safety and welfare of the residents and property owners within Oceanside Replat;
and
WHEREAS, the Board finds that establishment of a Municipal Service Benefit Unit
to raise funds through the equitable assessment of property owners within Oceanside
Replat is the best available means of accomplishing the desired goal,
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
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ORDINANCE NO. 2015- 0 0 7
SECTION 1 CREATION OF MUNICIPAL SERVICE BENEFIT UNIT
There is hereby established in Indian River County, the Oceanside Replat Street
Lighting Municipal Service Benefit Unit under the authority of, and with all those powers
conferred by, the Constitution of the State of Florida and Florida Statutes 125.01(q) and
125.01(r). The real property included within the boundaries of this Municipal Service
Benefit Unit and subject to all provisions hereof is described as follows:
All that certain property lying within the following described boundaries:
OCEANSIDE REPLAT STREET LIGHTING 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 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 Easterly right-
of-way line of Reef Road, as shown on said plat of Oceanside Replat; thence run
Southeasterly along said Easterly right-of-way line to a point of intersection with the
Southerly right-of-way line of Seagrape Drive (being a 100 -foot right-of-way); thence run
Westerly, along said 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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ORDINANCE NO. 2015- 007
SECTION 2 PURPOSE
A. This Municipal Service Benefit Unit is created for the purposes of funding a street
lighting system within the boundaries of the unit; identification of locations where lighting is
needed within the unit; funding the acquisition of easements, rights-of-way, or other
properties necessary for the required improvements; funding construction and
maintenance of those improvements deemed necessary or desirable; funding the on-going
cost of operating the lights and to fund all reasonable expenses and services related to
any of the foregoing activities.
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ORDINANCE NO. 2015- 007
B. The Municipal Service Benefit Unit may fund all or any of the aforementioned
services or improvements through either current year funding, tax anticipation or multi-year
notes or bonds, provided any debt instrument or obligation made must be repayable solely
from revenues collected by the Municipal Service Benefit Unit pursuant to the authority and
means provided by this ordinance.
SECTION 3 LEVY OF ASSESSMENT, ADOPTION OF BUDGET
A. The Board of County Commissioners hereby authorizes a levy of a non ad valorem
assessment under the authority of section 200.04, Indian River County Code in an amount
determined annually based on estimated costs of providing street lighting to the benefited
Oceanside Replat 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/acre.
B. Pursuant to said authority, the Board hereby further authorizes the levying and
collection of non ad valorem assessments in a uniform manner for those Municipal Service
Benefit Unit expenditures which are determined to provide a reasonably uniform special
benefit to all those properties within the Municipal Service Benefit Unit against which such
non ad valorem assessment is made.
C. Non ad valorem assessments authorized by this section shall be levied and a
budget prepared and adopted by the County Commission at the same time and in the
same manner as the Board prepares and adopts its annual budget and levies taxes as
provided by law.
D. 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
County Commission as provided by law. The budget for this Municipal Service Benefit
Unit in each year shall contain that portion of the estimated cost of providing services
hereunder, including debt service, for which costs will be incurred in the given year.
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 for the Oceanside Replat Street Lighting Municipal Service Benefit
Unit shall be maintained in a separate account and used solely for the purpose of providing
those services set forth above.
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ORDINANCE NO. 2015- 0 0 7
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 $57.00 per year; and
adopts the unit of measurement for the assessment as being per lot.
SECTION 6 AMENDMENT TO CODE
A new District name is added to Section 200.07 of the Indian River County Code to
read as follows:
District Name Ordinance No.
Oceanside Replat 2015- 007
SECTION 7 CODIFICATION
It is the intention of the Board of County Commissioners that the provisions of this
ordinance shall become and be made a part of the The Code of Indian River County, and
that the sections of this ordinance may be renumbered or relettered, and the word
"ordinance" may be changed to "section," "article," or such other appropriate word or
phrase in order to accomplish such intention.
SECTION 8 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.
SECTION 9 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 17th day of
June, 2015 for a public hearing on the 14th day of July, 2015, at which time it was moved
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E
ORDINANCE NO. 2015- o o 7
for adoption by Commissioner Flescher , and seconded by Commissioner
Solari , and adopted by the following vote:
Chairman Wesley S. Davis
Ave
Vice Chairman Bob Solari
Ave
Commissioner Joseph E. Flescher
Ave
Commissioner Tim Zorc
Aye
Commissioner Peter D. O'Bryan
Nay
The Chairman thereupon declared this Ordinance duly passed and adopted this
14th day of July, 2015.
Attest: Jeffrey R. Smith, Clerk of
(`ni in nnrl (`mmnfrnllar
AM
Approved as to form and legal
s7i",-
0:
B 2_
William K. DeBraal
Deputy County Attorney
INDIAN RIVER COUNTY, FLORIDA
Board of County Commissioners
o•
Wesley -8. Davis, Chairman
This ordinance was filed with the Florida Department of State on the 16 day of July,
2015.
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