HomeMy WebLinkAbout02-243RESOLUTION NO. 02-243
A RESOLUTION TO BE KNOWN A5 THE ST. LUCIE
COUNTY PARKS MUNICIPAL SERVICE TAXIN6 UNIT
RESOLUTION; PROVIDIN6 DEFINITIONS AND
FINDIN6S; CREATIN~ THE PARKS MUNICIPAL SERVICE
TAXlN6 UNIT; AUTHORIZIN6 SUCH UNIT TO ANNUALLY
LEV~ AD VALOREM TAXES; AUTHORIZIN6 OTHER
6ENERAL POWERS OF SUCH UNIT; DECLARIN6 THE
EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES
ACT; PROVTDIN~ FOR SEVERABILI3~; AND PROVIblN~
FOR AN EFFECTIVE DATE
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of St.
Lucia County, Florida, that:
ARTICLE I
INTRODUCTION
Section !.03. Definitions. When used in this Resolution, the following terms shall
have the following meanings, unless the context clearly requires otherwise:
"Board" shall mean the Board of County Commissioners of St. Lucia County, Florida.
"County" shall mean St. Lucia County, n political subdivision of the 5tare of Florida.
"Recreation Facilities" shall mean parks and playgrounds, parkways, environmental
trails, beaches and public access to beaches, open spaces, other facilities related to
recreation and acquisition of land needed to provide recreation facilities.
"Unit" shall mean the Parks Municipal Service Taxing Unit as created by Section 2.01.
Section !.02. Findings. Tt is hereby ascertained, determined and declared that:
A. Pursuant to Article VIII, Section ! of the Florida Constitution, and Sections
1;>§.0! and 12§.66, Flor/da 5tatutes, the Board has oil the powers of local self-government
to perform county functions and to render services in a manner not inconsistent with general
Iow and such power may be exercised by the enactment of county ordinances.
B. Section 1;>§.01(1)(q), Florida Statutes, provides legislative authorization for
counties to establish a municipal service taxing unit for any part or all of the unincorporated
areas within its boundaries and within municipal boundaries subject to consent of the
respective municipality within which may be provided essential facilities and municipal
services. Section !2§.01(1)(q) expressly includes within its list of municipal services
"recreational services and facilities."
C. The purpose of this resolution is to create the Parks Municipal Service ¥oxing
Unit for the purpose of providing recreation facilities to oil residents of St. Lucia County.
The Board determines that the creation of this municipal service taxing unit will be of
benefit to the real and personal property within the unit. The Board shall determine each
year the estimated cost of providing such services for the ensuing County fiscal year within
the boundaries of the unit.
D. The Board hereby determines that the provision of porks and recreation
facilities is an essential municipal service within the meaning of Article VII, Section 9 of the
Florida Constitution and Section !25.0!(!)(q), Florida Statutes.
E. Section 125.01(1)(q), Florida Statutes, provides that upon consent through
adoption of an ordinance by the governing bodies of affected municipalities given annually or
for a term of years, the boundaries of a municipal service taxing unit may include all or part
of the boundaries of o municipality.
ARTICLE IZ
PARKS MUNICIPAL $ERVICE TAXIN~ UNIT
Section 2.01. Creation. There is hereby created the Parks Municipal Service
Taxing Unit pursuant to 5action 12§.01(1)(q), Florida Statutes. The boundaries of the Unit
shall include the entire unincorporated and incorporated areas of the County as indJcnted in
the boundaries set forth ~nd described in ?he Appendix, attached hereto and ~nco~porated
herein by reference. The purpose of the Unit is to p~ovide par~ and recreation
within the Unit. The Board of County Commissioners shall be the governing board of the Unit.
5action ~.0~. ~overning Boa~ Powers. The ~ove~nJng Bo~d shall have the powe~
?o'.
Le~ annually an ad valorem tax not to exceed ~/4 mill pe~ annum upon taxable ~e~l and
personal property for the provision of essential facilities and municipal services within the
Unit in the same manner as other county ad valorem taxes ere levied;
A. Adop? ~ budget ~ the same time end in the same manner as the 8oerd prepares
and ~dop?s its annual county budget end levies ad valorem taxes as provided by law;
3
B. Separately maintain in a separate account the funds obtained from the levy of
the tax. Those funds obtained from the levy of the ad valorem taxes shall be used solely for
the purpose of providing porks and recreation facilities within the boundaries of the Unit,
including but not limited to land acquisition, planning, facility construction, equipment, and
other capital costs;
C. Appropriate and expend revenue of the Unit;
b. Contract to receive and expend money, to sue and be sued, and generally to
perform all other acts necessary or incidental to the powers and duties granted by this
resolution.
ARTZCLE III
MISCeLLANeOUS P~O¥I$IONS
Section 3.01. Declaration of exclusion from Administrative Procedures Act.
Nothing contained in this resolution shall be construed or interpreted to include the Unit in
the definition of agency contained in Section 120.52, Florido Statutes, or to otherwise
subject the Unit to the applicotion of the Administrative P~oceduPes Act, Chapte~ ~0,
FIoPida Statutes. This decla~ation of intent and exclusion shall apply to all pPoceedings taken
as a ~esult of o~ pursuant to this Pesolution.
Section 3.0~. 5eve~abili~. Zf any clause, section o~ pPovision of this ~esolution
shall be declared unconstitutional o~ invalid fo~ any ~eason o~ cause, the ~emaining portion of
4
said resolution shall be in full force and effect and be valid os if such invalid portion thereof
had not been incorporated herein.
Section 3.03. Effective date. This Resolution shall take effect upon adoption. The
Resolution shall be effective within the municipalities upon enactment by the City of Fort
Pierce City Commission, the City of Port St. Lucia City Council and the Town of St. Lucia
Village Board of Aldermen of ordinances consenting to the inclusion of their respective entity
within the boundaries of the Unit as required by Section 125.01(1)(q), Florida Statutes. This
Resolution shall terminate and the Unit shall dissolve on December 31, 20231
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes AYE
Vice Chairman Paula Lewis AYE
Commissioner Doug Coward AYE
Commissioner ~Tohn Bruhn AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this 17th day of December, 2002.
ATTEST:
BOARD OF COUNTY COMMZSSTONERS
,ST. LUCZE COU~blrt'Y~'~FL~P~DA
Chairman // ....
APPROVEI~AS TO FORM AND
County A tt~.~,
APPENDIX
The entire unincorporated and incorporated areos of the County