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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 C-1 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. C-2 DULY ENACTED this~ day off~,~ ,~1995. (SEAL) CITY COUNCIL OF THE CITY OF SEB AN, FLORIDA Mayor ATTEST Clerk C-3