HomeMy WebLinkAboutR-90-53 RESOLUTION NO. R-90-53
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PURSUANT TO SECTION 125.01(5)(a),
FLORIDA STATUTES, GRANTING APPROVAL TO THE INCLUSION OF
THE INCORPORATED AREAS OF THE CITY WITHIN THE PROPOSED
EMERGENCY SERVICES DISTRICT, A DEPENDENT SPECIAL TAXING
DISTRICT OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County,
Florida, is currently part of the North Indian River County Fire
District which is authorized to levy not more than a one mill
annual ad valorem property tax; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, has adopted an Ordinance, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this
reference, (hereinafter referred to as the "County Ordinance"),
proposing to replace the North Indian River County Fire District
with a new Emergency Services District composed of all of Indian
River County, Florida, except the Town of Indian River Shores,
with an authorized millage cap of three and one-half (3 1/2)
mills; and
WHEREAS, the County Ordinance calls for a referendum of the
voters of the proposed new Emergency Services District to
authorize creation of the Emergency Services District having an
ad valorem taxing power of not-to-exceed three and one-half (3
1/2) mills; and
WHEREAS, in order for the City of Sebastian to be part of
the new Emergency Services District, Section 125.01(5)(a),
Florida Statutes, requires the City Council of the City of
Sebastian to grant approval to the inclusion of the City within
the Emergency Services District; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, after reviewing the County Ordinance
submitted by Indian River County, Florida, for its approval, and
after engaging in deliberations, has determined that it would be
in the best interests of the City of Sebastian and its citizens,
and in furtherance of a valid municipal purpose, for the City of
Sebastian to grant its approval to the County Ordinance.
NOW, THEREFORE, be it resolved by the City Council of the
City of Sebastian, Indian River County, Florida, that:
Section 1. APPROVAL. The City Council of the City of
Sebastian, indian River County, Florida, hereby approves the
County Ordinance of Indian River County, Florida, a copy of which
is attached hereto as Exhibit "A" and incorporated herein by this
reference, and consents to the inclusion of the incorporated
areas of the City within the proposed Emergency Services
District, subject to the approval by the voters of the new
District of the ballot language in the attached County Ordinance.
Section 2.
CONFLICT.
Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
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Section 3. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision thereby causing said remainder to
remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoin, g Resolution was moved for adoption by
Councilman ~~~ The motion was seconded by
Councilman ~7~'_~~~ and, upon being put into a vote,
the vote was as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed
and adopted this/r~ ~ day of ~ , 1990.
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ATTEST:
Kathry~ M~ O'~alloran,
CMC/AA~, City Clerk
CITY OF SEBASTIAN, FLORIDA
W~ E. '(~o~ye~yor
(SEAL)
App to Form
Charges Ian Nash,
City Attorney
and Content:
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