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HomeMy WebLinkAboutO-80-04bORDINANCE NO. 80-~ AN ORDINANCE APPROVING THE CREATION OF A SPECIAL FIRE DISTRICT IN THE NORTHERN PART OF INDIAN RIVER COUNTY FOR THE PURPOSES OF FIRE PROTECTION AND CONTROL; PROVIDING FOR THE ABOLISHMENT OF MUNICIPAL FINANCIAL SUPPORT TO THE SEBASTIAN FIRE DEPARTMENT AND FOR THE TRANSFER OF ALL MUNICIPALLY OWNED FIRE EQUIPMENT TO THE SPECIAL DISTRICT; AFFIRMING THE CONTINUING NEED FOR AND ROLE OF THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT; PROVIDING FOR REPRESENTATION ON THE BOARD OF FIRE COMMISSIONERS OF THE SAID TAXING DISTRICT; PRO- VIDING CONTINGENCIES FOR THE ENACTMENT OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the finding of this City Council that there exists a critical need with regard to the provision of adequate fire protection and control and rescue services within the northern part of Indian River County; and WHEREAS, it is the finding of this City Council that this municipality would receive satisfactory fire and rescue protection if a fire fighting Taxing District were created within the northern part of this County; and WHEREAS, such a fire fighting Special District would provide a more comprehensive service to this Municipality, while not obviating or diminishing the need for the Sebastian Volunteer Fire Department; and, at the same time, enabling the City of Sebastian to avoid part of the costs of fire protection and control which it now bears; and WHEREAS, the Board of County Commissioners of indian River County have expressed a willingness to create a special, independent district in the northern part of this County for fire prevention and control and rescue purposes as a part of its County-Wide fire protection system; and WHEREAS, such an action on the part of the Board of County Commissioners would retire a tax burden on our residents and help provide adequate emergency services to the residents of this Municipality and its surrounding area; and WHEREAS, pursuant to Chapter 125.01 (5) (c), Florida Statutes, such an action requires the approval of this City Council, and a referendum vote of the electors within the District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1. A new Ordinance of the Code of Ordinances of the City of Sebastian, Florida, to be designated as Chapter , Article , is hereby adopted as follows: ARTICLE ~r SECTION / . Authorization of North County Area Special District for Fire Protection Purposes. The Board of County Commissioners of Indian River County, Florida is hereby authorized to create a Special District within the northern part of Indian river County for fire protection purposes and Indian River County Ordinance 80- is hereby approved. The boundaries of the said Special District shall include and the services provided thereby shall be available to the City of Sebastian. The said Special District may hereinafter be referred to as the "Fire District". SECTION ~ . Abolishment of Munici~pal Fir. e Protection Services; Transfer of Facilities and Equipment to cq~nt~ for use of special Taxing District. It is hereby ordained that upon the creation of a Special District for fire protection services by the Board of County Commissioners of Indian River County, as heretobefore specified in the foregoing Section, the City of Sebastian shall, within forty-five (45) days, abolish its municipal fire protection services, and deed and transfer to the Fire District, whatever fire protection and control equipment which the governing Board of the Fire District shall accept expressly for fire prevention and control purposes for use within its boundaries. In addition the current fire station shall be leased to the District without charge with the lease containing a two- year notice of termination provision. Anything to the contrary herein notwithstanding, the City of Sebastian hereby recognizes with gratitude the important services rendered by the Sebastian Volunteer Fire Department to the residents of this City and of the surrounding area within the proposed Fire District. It is hereby declared by the City Council that it is not its intent, nor does the City Council understand it to be the intent of the Board of County Commissioners or the purpose of the said proposed Fire District to abolish the Sebastian Volunteer Fire Department. It is the express intent and desire of this City Council that the Sebastian volunteer Fire Department continue to render the same excellent service to the said proposed Fire District in the future as it now renders to the residents of this City. SECTION .. ~ . Tax Lev~ for Fire Department and Fire Protection Services Abolished. It is hereby ordained that after the proposed Fire District Ordinance is enacted by the Board of County Commissioners of Indian River County, as provided by law, the City of Sebastian shall continue its financial support presently provided and furnished by it for municipal fire protection and control purposes until the Special District is funded. Thenceforth, in its first annual budget and in each annual budget thereafter, no Municipal income from millage levy need be collected or relied upon for such fire protection and control purposes, except that the City Council shall continue to be free to appropriate funds to and expend monies in behalf of the Sebastian Volunteer Fire Department or the Fire District. SECTION ~ . Contingencies. Anything to the contrary herein notwithstanding, this Ordinance shall not take effect until the following events have occurred: 1. The Board of County Commissioners of Indian River County, Florida, by Ordinance, shall create and establish a Fire District for fire protection purposes satisfactory to the City of Sebastian, in the northern part of this County, and the boundaries of the said Fire District shall touch and include the entire corporate limits of the City of Sebastian. 2. A referendum election shall be held by the Board of County Commissioners of indian River County within the boundaries of said Fire District, and the voters within the District shall, by simple majority vote approve said Fire District, authorizing the levy and collection of a tax on all real and tangible property within the said boundaries of not more than one-half (1/2) mill of assessed valuation within the District. 3. All of the preceeding contingent events in this sectio~ shall have occurred and been fully satisfied not later than Marchh 30, 1980. SECTION ~ . Effective Date. This Ordinance shall take effect as provided herein and in the event the contingencies as set forth herein are not satisfied, then this Ordinance shall be revoked. DONE AND ADOPTED at a regular meeting of the City Council of the City of Sebastian, Indian River County, Florida, on this //~--~---day of ~ , 1980, at Sebastian, Florida, with --~a quorum being"-~r~ent, a~y a vote of ~" for the Ordinance, ---Q- against, and with ~O - abstentions. CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA ATTEST: / Clerk (s E A L)