HomeMy WebLinkAbout2015-008ORDINANCE NO. 2015- 0 0 8
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, CREATING THE OCEANSIDE REPLAT STREET
PAVING MUNICIPAL SERVICE BENEFIT UNIT; PURPOSE; LEVY OF
ASSESSMENT, ADOPTION OF BUDGET; DISPOSITION OF PROCEEDS
FROM THE LEVY OF ASSESSMENT; AMENDING SECTION 200.11
[RESERVED] 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 AND PROVIDING FOR A SUNSET
PROVISION.
WHEREAS, the property owners of Oceanside Replat have asked the County for
assistance in providing street repaving for their community; and
WHEREAS, Oceanside Replat is located east of Highway A -1-A between Porpoise
Point and Floraton Beach Subdivisions and is comprised of 42 lots of which 36 lots would
be benefited and assessed; and
WHEREAS, the benefited 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 would coordinate the street paving in a portion of
Oceanside Replat, which will improve the safety and welfare of the benefiting 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 benefiting 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:
SECTION 1 CREATION OF MUNICIPAL SERVICE BENEFIT UNIT
There is hereby established in Indian River County, the Oceanside Replat Street
Paving 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:
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format are additions to existing text.
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ORDINANCE NO. 2015- o o g
OCEANSIDE REPLAT STREET PAVING 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 Westerly right-
of-way line of Reef Road, as shown on aforementioned plat of Oceanside Replat; thence
run Southeasterly along said Westerly right-of-way line to a point of intersection with the
Northerly right-of-way line of Seagrape Drive as shown on the aforementioned plat of
Oceanside Replat; thence run Westerly along said Northerly 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:
G
al
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ORDINANCE NO. 2015- 0 0 8
SECTION 2 PURPOSE
A. This Municipal Service Benefit Unit is created for the purposes of funding street
paving within the boundaries of 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; and to fund all
reasonable expenses and services related to any of the foregoing activities.
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
The levy of assessment and adoption of budget is in accordance with Section
200.04, of the Indian River County Code.
SECTION 4 DISPOSITION OF PROCEEDS FROM LEVY OF TAXES
The disposition of proceeds from levy of taxes is in accordance with Section 200.06,
of the Indian River County Code.
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 $415.00 annually for
five consecutive years; and adopts the unit of measurement for the assessment as being
per lot.
SECTION 6 AMENDMENT TO CODE
Section 200.11 is hereby amended as follows:
Section 200.11 Street paving.
An additional service of street paving is added to a portion of Oceanside Replat,
which additional service shall sunset after the fifth year of assessment.
Sections 200.124--200.30. - Reserved.
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ORDINANCE NO. 2015- 008
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 7. 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 8. 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
for adoption by Commissioner Solari , and seconded by Commissioner
Flescher , and adopted by the following vote:
Chairman Wesley S. Davis Ave
Vice Chairman Bob Solari Ave
Commissioner Joseph E. Flescher Aye
Commissioner Tim Zorc Ave
Commissioner Peter D. O'Bryan Ave
The Chairman thereupon declared this Ordinance duly passed and
14th day of July, 2015.
Attest: Jeffrey R. ith, Clerk of
urt
CoComptroll
By
eputy Clerk
INDIAN RIVER COUNTY, FLO
Board of County Commissionei
lop
{
By
Wesley S. Davis, Chairman
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4
ORDINANCE NO. 2015- 0 0 8
Approved as to form and legal
sufficienc
By
William K. DeBraal
Deputy County Attorney
This ordinance was filed with the Florida Department of State on the may_ day of July,
2015.
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