ORDINANCE NO BK: 1384 PG: 85
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1 I. I R ** OFFICIOL RECORDS ** ORDINANCE NO BK: 1384 PG: 85 AN ORDINANCE CREATING A MUNICIPAL SERVICE BENEFIT UNlT TO BE KNOWN AS THE "HERNANDO BEACH UNITS 9, 10, & I I FlRE HYDRANT MUNICIPAL SERVICE BENEFIT UNIT'; PROVIDING FORTHE PURPOSE OF THE UNIT; PROVIDING FOR-THE INSTALMI-ION OF FIRE HYDMTS WITHIN SAID UNIT; PROVIDING FOR THE ADOPTION OF RULES AND REGUM1-IOIVS FOR THE OPERA-ION OF SAID UNIT; PRovlDING THAT SAID UNIT SHALL BE UNDER THE CONTROL OF THE BOARD OF COUNTY COMMISSIONERS OF HERNANDO COUNTY; PROVIDING FOR THE ADMINISTRATION OF SAID UNIT; PROVIDING FOR-THE LNY OF AN EQUITABLE PER LOT ASSESSMENT; PROVIDING A METHOD OF LNY, COLLECI-ION AND ENFORCEMENT OF AFORESAID ASSESSPIENT; PROVIDING FOR INCLUSION IN THE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE. 1 BE IT ORDAINED by the Boad of County Commissionen of Henando County, Floida, as follows: 3 SECTION I. FINDINGS OF FACT AND PURPOSE xv ge a s I E l -I UI < b- u It is heeby found by the Boad of County Commissionen of Henando County, Floida, that fie potection is an essential sevice fo the benefit of the health, safety, and welfae of the public. It is futhe the 64 finding of the Boad of County Commissiones that the Legislatue has in Section (I)(q), Floida Statutes, R povided fo the ceation of municipal sevice benefit units as a fund aising vehicle to gant to all counties that zoz financing flexibility to levy special sevice chages within the limits fixed fo municipal puposes fo the funishing of Z c: n municipal sevices within those aeas eceiving the benefit of such municipal sevices in ode to sobe the O contoveny of double taxation between esidents ofthe incopoated and unincopoated aeas. It is the pupose 0 U ofthis Odinance to ceate a County Municipal Sevice Beneft Unit fothe pupose of poviding fie hydants within D * the boundaies of said unit, descibed in Exhibit "A" attached heeto and made a pat heeof. a 0 * SECTION II. CREATION OF UNIT Fo the pupose of installing fie hydants within the aea descibed heein, thee is heeby ceated a Municipal Sevice Benefit Unit to be known as the "Henando Beach Unit 9, 10, & I I Fie Hydgpt Mu~ipal Sevice Beneft Unit" which shall be all the popety located in Henando County, Floida, within t&~oungies descibed in Exhibit "A" attached heeto and made a pat heeof by efeence. The impov6i'ihts tm b e y -7 C? constucted ae descibed in Exhibit " B also attached heeto and made a pat heeof by efeen~e?,.~ SECTION Ill. GOVERNING BODY I n - I,y '- The Govening Body ofthe Hemando Beach Unit 9, 10, & I I Fie Hydant Municipal Sevic@eneft+$nit shall be the Boad of County Commissionen of Henando County, Floida. 7 o o-' cl) pm SECTION IV. ADMINISTRATION A. The Henando Beach Unit 9, 10, & I I Fie Hydant Municipal Sevice Beneft Unit shall be administeed in accodance with the policies and pocedues adopted by the Boad of County Commissionen fo the administation of all County depatments, divisions, and opeations. J ' y- h s Xl kl X a. U u
2 ++ OFFICIRL RECORDS ++ BK: 1384 PG: 86 B. The Henando Beach Unit 9, 10, & I I Fie Hydant Municipal Sevice Benefit Unit shall have the following duties: I. To establish, maintain, and opeate such fie hydants as is necessay to implement the pupose of this Odinance. 2. To install fie hydants which will benefit both impoved and unimpoved popety within the unit. C. The County Administato shall be esponsible fo administeing the He!xando Beach Unit 9, 10, & I I Fie Hydant Municipal Sevice Benefit Unit fo the following to the extent necessay to implement the pupose of this Odinance: I, Negotiate and ecommend to the Boad of County Commissiones contacts fo poviding specific maintenance sevices. 2. Negotiate and ecommend to the Boad of County Commissiones contacts fo the puchase of such capital equipment as necessay. 3. Establish ules and egulations fo the administation of the unit, not inconsistent with County policy o administative ule. 4. Negotiate contacts fo the pupose of poviding a fie hydant system. 5. Hie such pesonnel as ae necessay to implement the puposes of this Odinance. 6. Pefom such othe acts as ae necessay to implement the pupose of this Odinance to the extent consistent heewith. D. The powes to be execised by the Henando Beach Unit 9, 10, & I I Fie Hyddnt Municipal Sevice I';nefit Unit ae specifically made subject to all applicable State and County laws. SECI-ION V. ssessments, LEVY, AND LIEN PROVISIONS It being ecognized that the value of the benefits accued by vitue of this Odinance diectly benefits equally all lots, tacts, pacels, coopeative pacels and condominium pacels within the Unit, the County Commission is heeby authoized to levy an annual sevice chage against each lot, tact, pacel, coopeative pacel and condominium pacel within the unit fothe puposes set foth heein. The sevice chage imposed heeunde shall constitute a lien on all eal popety of the unit as of the date ad valoem taxes become liens. Unlessfully paid and dischaged obaed by law, said annual sevice chages shall emain liens equal in ank and dignity with the lien of County ad valoem taxes and supeio in ank and dignity to all othe liens, encumbances, titles and claims in, to o against the eal popety involved. If the annual assessment levied on a lot is not paid, a Tax Cetificate petaining to the lot will be sold by the Tax Collecto as set foth in Chapte 197, Floida Statutes. SECTION VI. REPEAL Al odinances o pats of odinance in conflict heewith ae, to the extent ofsuch conflict, heeby epealed.
3 SECTION VII. INCLUSION IN THE CODE ++ OFFICIOL RECORDS ++ BK: 1384 PG: 87 It is the intention of the Boad of County Commissionen of Henando County, Floida, and it is heeby povided, that the povisions of this Odinance shall become and be made a pat of the Code of Odinances of Henando County, Floida. To this end, the sections of this odinance may be enumbeed o eletteed to accomplish such intention, and that the wod "Odinance" may be changed to "section," "aticle," o othe appopiate designation. SECTION VIII. SEVEMBILIN It is declaed to be intent ofthe Boad of County Commissionen of Henando County, Floida, that if any section, subsection, clause, sentence, phase, o povision ofthis Odinance is fo any eason held unconstitutional o invalid, the invalidity theeof shall not affect the validity of the emaining potions of this Odinance. SECTION IX. EFFECTIVE DATE A cetified copy of this Odinance shall be filed in the Office of the Secetay of State by the Clek of the Boad within ten (I 0) days afte adoption of this Odinance, said Odinance shall take effect on Octobe I, 2000, inclusive. ADOPTED this 26 day of Octobe 1999, A.D. BOARD OF COUNN COMMISSIONERS HERNANDO COUNN, FLORIDA ' KAREN NICOLAI. CLERK ~. -
4 EXHIBIT "A" ** OFFICIQL RECORDS ** BK: 1384 PG: 88 LEGAL DESCRIPTION FOR HERNANDO BEACH UNIT 9,10, O 11 FIRE HYDRANT MUNICIPAL SERVICE BENEFIT UNIT Hemando Beach Unit 9, a subdivision of a potion ofthe NE 1/4 of Section 13, Township 23 South, Range 16 East, Henando County, Floida, as zcoded in Plat Book 7 Page 49, and Henando Beach Unit 10, a subdivision of a potion of the NE '/4 of Section 13, Township 23 South, Range 16 East, Henando County, Floida, as ecoded in Plat Book 7 Page 52, and Henando Beach Unit I I, a subdivision of a potion ofthe N '/z of Section 13, Township 23 South, Range 16 East, Henando County, Floida,Plat Book 8, Page 25.
5 ** OFFICIaL RECORDS ** EXHIBIT "B" BK: 1384 PG: 89 PROPOSED IMPROVEMENTS FOR GULF COAST RETREATS PHASE I FIRE HYDPANT MUNICIPAL SERVICE BENEFIT UNIT Poposed impovements consist of installing 16 fie hydants, upgading the poposed 4" watelines by Henando County Utilities Depatment to 6" to accommodate poposed fie hydant installation. The poject cost is based on the assumption the Henando County Utilities Depatment is pepaing to upgade the existing watelinesfo domestic sevice only (i.e., 4"). In addition, the incemental wateline pipe cost (diffeence between 4" and 6") to povide adequate fie hydant flow is included in the estimate. The poposed wateline oute will be constucted within the swale between the edge of pavement and County ight-of-way line,
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