HomeMy WebLinkAboutO-95-25 CONSENT TO W&S SPEC ASSESSAN ORDINANCE OF THE CITY OF SEBASTIAN,
FLORIDA, CONSENTING TO THE IMPOSITION OF
SPECIAL HSSESSMENTS AND OR THE INCLUSION OF
ALL OF ITS INCORPORATED AREAS WITHIN ONE OR
MORE MUNICIPAL SERVICE BENEFIT UNITS CREATED
BY INDIAN RIVER COUNTY TO PROVIDE WATER OR
WHSTEWATER FACiLiTIES, SERVICES OR PROGRAMS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBHSTIAN, FLORIDA:
SECTION 1.01. FINDINGS. It is hereby ascertained,
determined, and declared that:
(A) Section 125.01(1) (q), Florida Statutes, provides
legislative authorization for the governing body of a county to
establish a municipal service benefit unit for all or any part of
the unincorporated area within its boundaries, or within the
municipal boundaries of an incorporated area upon consent of the
governing body of the affected municipality, within which may be
provided water or wastewater facilities, services or programs, and
other related essential facilities and municipal services.
(B) The Board of County Commissioners of Indian River County,
Florida (the "County") and the City Council of the City of
Sebastian (the "city") have entered into an interlocal agreement
providing for the transfer of the City's water and wastewater
utility system to the County which authorizes the County to provide
such services within the incorporated areas of the City. This
ordinance shall be construed as authorizing the County to establish
a municipal service benefit unit and or to impose and collect water
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and wastewater assessments within the incorporated area of the
city.
(C) The City Council of the City of Sebastian has determined
that the creation of a municipal service benefit unit and or the
imposition of special assessments for the purpose of providing
water and wastewater services, facilities and programs is in the
best interests of the owners of property within the corporate
limits of the City.
SECTION 1.02. CONSENT OF THE CITY OF SEBASTIAN. The City
Council of the City of Sebastian hereby consents to the inclusion
of all of the incorporated area of the City within one or more
municipal service benefit units created by the County to provide
water and wastewater services, facilities, and programs and or to
the imposition of a special assessment for such purposes. Such
consent shall become effective upon adoption of this Ordinance and
transfer of the City's water and wastewater utility system to the
County pursuant to interlocal agreement. The City Council finds
that such provision of water and wastewater services, facilities
and programs is an essential municipal purpose.
SECTION 1.03. SEVERABILITY. The provisions of this Ordinance
are severable; and if any section, subsection, sentence, clause or
provision is held invalid by any court of competent jurisdiction,
the remaining provisions of this Ordinance shall not be affected
thereby.
SECTION 1.04. EFFECTIVE DATE. This Ordinance shall take
effect as provided by law.
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DULY ENACTED this~ day off~,~ ,~1995.
(SEAL)
CITY COUNCIL OF THE
CITY OF SEB AN, FLORIDA
Mayor
ATTEST
Clerk
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