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HomeMy WebLinkAboutR-90-54RESOLUTION R-90-54 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CALLING FOR A REFERENDUM TO INCREASE THE MILLAGE LEVY OF THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT FROM ONE MILL TO NOT-TO-EXCEED THREE MILLS; 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, as part of the Indian River County plan to bring enhanced fire, rescue, medical service and other emergency services to the North County Area, the Ad Hoc Fire District Advisory Board has recommended increasing the authorized ad valorem taxing power of the North Indian River County Fire District from one mill to three mills for future fiscal years in the event a new Emergency Services District is not authorized by the voters, and to increase the authorized ad valorem taxing power of the North Indian River County Fire District from one mill to three mills for fiscal years 1990 through 1991 only in the event a new Emergency Services District is authorized by the voters; 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 amend the original Ordinance establishing the North Indian River County Fire District and calling for a referendum of voters of the North Indian River County Fire District to approve an increase in the authorized ad valorem taxing power of the District; and WHEREAS, Section 125.01(5)(a), Florida Statutes, requires the City Council of the City of Sebastian, Indian River County, Florida, to grant its approval to any amendment of the original Ordinance of Indian River County, Florida creating the North Indian River County Fire 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 Council of the City of Sebastian, that: Section 1. 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, proposing to amend the original Ordinance establishing the North Indian River County Fire District and calling for a referendum election to be held March 12, 1991, to authorize an increase in the ad valorem taxing power of the North Indian River County Fire District from one mill to not-to-exceed three mills. Section 9.. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. 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 foregoing Resolution was moved for adoption by Councilman ~,, ..~~.~,~ The motion was seconded by Councilman (J~-~C~-~ and, upon being put in to 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 3 The Mayor thereupon decl~d this Resolution duly passed and adopted this ~'~ day of />~jp~~,~ , 1990. ATTEST: Rath~/M~ 'O'Ha~l°~an, CMC/AA~, City Clerk (SEAL) Approve* to Form Nash, City Attorney and Content: By. ~ ~~.-~-------'--CItY OF SEBASTIAN, FLORIDA W.E. Conye~~yor