Ordinance 031-1988
Reggie Paros, EMS Director
ORDINANCE NO. 031-1988
AN ORDINANCE DECLARING THAT AN E~mRGENCY
EXISTS AND WAIVING NOTICE BY A FOUR-FIFTH' S
VOTE; CREATING A MUNICIPAL SERVICE TAXING
UNIT OR DISTRICT FOR THE PROVISION OF FIRE
AND AMBULANCE SERVICE IN THAT PORTION OF
MONROE COUNTY EXTENDING FROM THE COW KEY
CHANNEL NORTH TO SNAKE CREEK; PROVIDING THAT
THE CITIES OF KEY COLONY BEACH AND LAYTON MAY
BE INCLUDED WITHIN SAID TAXING UNIT BY
PASSING ORDINANCES OF INCLUSION OR THAT SUCH
CITIES MAY OBTAIN DISTRICT SERVICES BY
ENTERING INTO INTERLOCAL AGREEMENTS WITH THE
DISTRICT; PROVIDING FOR A DISTRICT GOVERNING
BODY; PROVIDING FOR THE POWERS OF SUCH
GOVERNING BODY INCLUDING THE RIGHT TO LEVY AD
VALOREM TAXES; PROVIDING FOR THE FINANCIAL
MANAGEMENT OF THE BUSINESS OF THE DISTRICT
INCLUDING THE USE OF FUNDS, THE FILING OF
FINANCIAL REPORTS, AUDITS, THE BORROWING OF
FUNDS, AND FISCAL YEAR; PROVIDING FOR
REFERENDA WHEN REQUIRED BY GENERAL OR SPECIAL
LAW, OR WHEN GENERAL LAW REQUIRES A BOND
ELECTION, OR WHEN THE PURCHASE PRICE OF AN
ITEM EXCEEDS $5,000; PROVIDING FOR THE HIRING
OF PERSONNEL, INDEPENDENT CONTRACTORS, AND
THE REIMBURSEMENT OF VOLUNTEERS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, it is desired to create a Lower and Middle Keys
municipal service taxing or benefit district for the purpose of
providing fire and ambulance service only; and
WHEREAS, in order to create such a district for the fiscal
year commencing on October 1, 1988, it is necessary that an
ordinance be passed by July 1, 1988; and
WHEREAS, time is now of the essence in order to create such
merged and consolidated districts; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
An emergency is hereby declared and notice
waived by a four-fifths vote.
Section 2.
Pursuant to the authority granted in Chapter
125, Laws of Florida, and Article 7, Sec. 9(b), Florida Constitu-
tion, and pursuant to the procedure of F.S. 165.041, there is
hereby created a municipal service taxing for the purpose of
providing the following essential municipal services:
a) Ambulance service; and
b) Fire service.
In carrying out the purposes described in this Ordinance, the
district shall be financed from ad valorem taxes collected solely
within the district. Nothing contained herein shall prevent the
district from charging various fees, as determined by the board
of county commissioners, for any service or services rendered to
any specific person or persons, regardless of whether such person
or persons are real or incorporeal. However, when such fees may
only be expended by the district for the district purposes set
forth in this ordinance.
Section 3. The district shall be known as the Lower and
Middle Keys Fire And Ambulance district and shall include the
following areas:
a) Stock Island Municipal Service District. Located
between Cow Key Channel east to Boca Chica Channel; a part of
Election Precinct 2.
b) Big Coppitt Municipal Service District.
between Boca Chica Channel east to Shark Channel;
Election Precinct 1.
c) Sugarloaf Municipal Service District. Located between
Shark Channel east to Kemp Channel; a part of Election Precincts
1 and 17.
d) Big Pine Municipal Service District. Located between
Kemp Channel and the Seven Mile Bridge; a part of Election
Precincts 17 and 18.
e) Little Duck Key north to Banana Boulevard, Valhalla
Beach and the City of Key Colony Beach, Florida. (Corresponding
with Monroe County Property Appraiser's computer code number 50
KC and 500 M less that portion lying north of Banana Boulevard,
Valhalla Beach to Tom's Harbor Cut and further corresponding with
Election Precinct 19, 19A and that portion of Precinct 18 from
and including Little Duck Key north to Precinct 19.)
f) From Banana Boulevard, Valhalla Beach north to Long Key
Bridge. (Includes that portion of 500 M lying north of Banana
Boulevard, Valhalla Beach and that portion of 500 D from Tom's
Located
a part of
2
Harbor Cut to the Long Key Bridge corresponding with Election
Precinct 20.)
g) From the Long Key Bridge north to Snake Creek. (In-
cludes that portion of 500 D from Long Key up to and including
Craig Key and includes all of 500 I, corresponding with Election
Precinct 21.)
h) Long Key Municipal Service District. Located from Long
Key Bridge north up to Craig Key, including the City of Layton,
Florida.
i) Is lamorada Municipal Service District. Located from
and including Craig Key north to Snake Creek.
The inclusion within the district of the two incorporated munic-
ipalities described above shall only become effective following
the occurrence of the condition precedent of Section 13 of this
Ordinance.
Section 4. Except as provided in Section 13 of this
Ordinance, the governing body of the district shall be the board
of county commissioners.
Section 5. The governing body of the district shall have
all the power of a body corporate, including the power to enter
into interlocal agreements pursuant to chapter 163, Florida
Statutes, including interlocal agreements to provide fire and
ambulance service to the cities of Key Colony Beach and Layton;
to contract on behalf of the district; to sue and be sued; to
adopt and use a common seal and to alter the same at pleasure; to
acquire, by either gift or purchase, lease and convey real estate
and personal property, including equipment, and except as such
transactions may be limited herein, as the governing body may
deem proper or expedient to carry out district purposes; to
employ such experts, agencies and employees as the governing body
may deem advisably; and to borrow money and to issue negotiable
promissory notes, certificates of indebtedness as hereinafter
provided. In order to carry out the purposes enumerated in
3
section 2 of this Ordinance the district may exercise the powers,
including implied powers, granted by all applicable general and
special laws, ordinances and resolutions.
Section 6. The Clerk of the Circuit Court, Sixteenth
Judicial Circuit of the State of Florida, as ex officio clerk of
the board of county connnissioners, shall be ex officio clerk,
auditor, recorder of the minutes and accounts, and custodian of
the district's funds. The members of the governing body shall
not receive an additional compensation for their service as
members.
Section 7. The books of the district shall be audited by
the same officers and in a like manner as the books of other
county officers and departments in conformance with applicable
general law.
Section 8. The governing body shall have the power to
acquire any real or personal property through the use of install-
ment or deferred payments, but only to the extent that such are
lawful under article VII, sections 10 and 12, Florida Constitu-
tion, and any general or special law implementing the same.
Section 9. The governing body, in order to carry out the
purposes of the district, is authorized to borrow money and issue
certificates of indebtedness therefor upon such terms and at such
rates of interest as the governing body may deem advisable in
accordance with article 7, section 12, Florida Constitution, the
implementing statutes, chapter 125, Laws of Florida, and any
other applicable general or special law. The certificates of
indebtedness may be a charge upon all revenues derived from taxes
in that fiscal year or may be made payable from budgetary re-
quirements in due course of law, as the governing body may elect.
Section 10. The district funds shall be deposited in the
name of the district in a bank authorized to receive deposits of
county funds, which bank shall be designated by a resolution of
the governing body. Such designation of the bank for the deposit
of funds therein shall be the exercise of due care and diligence
on the part of the clerk of the safekeeping of said funds. No
funds of the district shall be paid or distributed save and
4
except by warrant, signed by the chairman of the governing body
and attested by the clerk. No warrant shall be drawn or issued
against the funds of the district except for the purposes au-
thorized by this article, and no such warrant against the funds
of the district shall be drawn or issued until after the account
or expenditure for which the same is to be given in payment has
been ordered and approved by the governing body.
Section 11. The district funds shall only be expended for
the following purposes:
a) The administration of the affairs and business of the
district as authorized by the governing body;
b) The purchase, construction, care, upkeep, maintenance
and operation of such real and personal property, including
fixtures, necessary for carrying out the purposes of the district
as stated in section 2 of this Ordinance as authorized by the
governing body;
c) Compensation for the employees of the district and for
all consultants and other outside experts and staff as authorized
by the governing body;
d) The repayment of all debts lawfully incurred whether
authorized by the terms of this Ordinance or by general or
special law.
Section 12. The governing body, when it deems it advis-
able, is authorized to acquire by gift or purchase, and to pay
the purchase price for, the services of independent contractors
for the purpose of carrying out any of the functions described in
section 2 of this Ordinance, only limited to the extent that the
purchase or gift is controlled by general or special law. The
governing body shall also have the authority to hire such person-
nel as the body deems advisable and to prescribe rules and
regulations pertaining thereto so long as the same is not incon-
sistent with general or special law.
Section 13.
a) The cities of Key Colony Beach and Layton shall be
included in the Lower and Middle Keys Fire And Ambulance District
by passing a city ordinance approving such inclusion by the 1st
5
of July immediately prior to the commencement of the fiscal year
for which the cities wish to be included. Alternatively, the
cities may obtain fire and ambulance service from the district by
interlocal agreement. However, in the event an interlocal
agreement is entered into between the district and a municipal-
ity, such agreement shall be in compliance with the terms of
Chapter 163, Florida Statutes, and shall include an express
provision as to how such municipality shall pay for its par-
ticipation in a district which may be either from funds derived
from service charges, special assessments or taxes imposed within
such municipality by such municipality or from budgetary payments
made in the due course of law from such municipality to the
district.
b) Upon the passage of such an ordinance by one of the
cities the governing body of the District shall consist of four
members of the board of county commissioners and one member of
the governing body of the city; if both cities elect to become
part of the district, the governing body of the district shall
consist of three members of the board of county commissioners and
one member from each of the cities. In either case, the county
and city(ies) shall designate their representatives on the
district governing body by resolution. If none of the cities
choose to be included within the district, the chairman of the
board of county commissioners shall be chairman of the district
governing body; if any of the cities choose to be included, the
chairman shall be elected by the district governing body for a
one year term which may be successive. Three members of the
district governing body constitute a quorum. A majority of a
quorum shall be necessary for the transaction of business. The
chairman shall vote at all meetings of the district governing
body.
Section 14.
a) The governing body of the district is authorized and
empowered and directed annually to levy upon all the real and
personal taxable property in the district, including participat-
ing municipalities, a sufficient tax to pay all necessary costs,
6
of whatever type including capital expenditures, as authorized by
this article within the limits fixed for municipal purposes for
municipal service taxing units under article VII, section 9(b),
Florida Constitution, chapter 125, Florida Statutes, and Florida
Statutes, section 200.071(3).
b) The levy by the governing body of the taxes authorized
by any provision of this article shall be by resolution of such
body duly entered upon the minutes of the body. Millage shall be
set and ad valorem taxes levied thereon in accordance with the
provisions of general law and in like manner as required for the
setting of millage and levy of ad valorem taxes by a county. It
shall be the duty of the county commissioners to order and
require the county property appraiser to assess, and the county
tax collector to collect, the amount of taxes so assessed or
levied by the board of county commissioners of the district upon
the taxable property in the district at the rate of taxation
adopted by said board of commissioners of the district for such
year and included in the warrant of the property assessor and
attached to the assessment roll of taxes for such year and
included in the warrant of the property assessor and attached to
the assessment roll of taxes for this county each year. The tax
collector of the county shall collect such tax so levied by such
board in the same manner as other taxes are collected, and shall
pay the same over to the governing body of the district levied
upon within the time and in the manner prescribed by law for the
payment by the tax collector of county taxes and shall be held by
such body and paid out to them as provided in this article. Tax
certificates and tax deeds shall be issued for all delinquent
properties in accordance and in like manner as the same are
authorized to be issued by chapter 197 of the Florida Statutes
and other general and special law regulating the issuance of same
for nonpayment of delinquent county and ad valorem taxes.
c) It is herein and hereby determined that the municipal
service taxes herein provided for those services enumerated in
section 2 (2-388) of this article are municipal assessments for
municipal or peculiar benefits accruing to the properties within
7
the district against which properties such levies are directed to
be made. It is also herein and hereby found, determined and
declared that the services enumerated in section 2 of this
Ordinance are public purposes and essential municipal services
under the terms of Florida Statutes, section 125.01(1)(q).
Section 15. Prior to the purchase of capital equipment
the cost of which exceeds $5,000, or prior to the imposition of
an ad valorem levy to be pledged for any form of indebtedness as
described in article VII, section 12, Florida Constitution, or
when otherwise required by general or special law, a referendum
election must be held and passed favorably by a majority of those
electors voting in the election. The procedure shall be as
follows:
a) The board of county commissioners, by resolution, shall
request that the supervisor of elections conduct a referendum
election within the territorial boundary of the district. In
addition, the election procedure, including notice and the form
of the ballot question, shall be in a manner conforming to
general law.
b) The proposed levy or purchase request shall be deemed
to have passed when a maj ority of the electors voting in the
referendum election shall have voted for the levy or levies
described in the ballot.
The proposed levy, if authorized by the electors and thereafter
levied by the board of county commissioners, shall only be used
for the purposes set forth on the ballot.
Section 16. The governing body is authorized to pay from
the funds of the district all expenses necessarily incurred in
the formation of the district.
Section 17. The officers of the district governing body
shall have the duties, whether mandated by statute or common law,
usually pertaining to, vested in, and incumbent upon like offi-
cers. A record shall be kept of all meetings of the governing
body. The governing body may adopt the rules and regulations it
deems necessary in and about the transaction of its business, and
in carrying out the provisions of this article.
8
..
Section 18.
a) The governing body of the district shall, on or before
the first day of November, or such other date as may be required
by general or special law, make an annual report of its actions
and accounting of its funds as of the thirtieth day of September
of each year in accordance with the provisions of general and
special law and in the same manner as is required by other county
departments and agencies. The report shall be filed in the
office of the Clerk of the Circuit Court of the Sixteenth Judi-
cial Circuit, whose duty shall be to receive and file such report
and keep the same as a public record.
b) The fiscal year of the district is hereby fixed as
commencing on the first of October and ending on the thirtieth of
September.
Section 19. Volunteers of the district shall be entitled
to reimbursement of expenses pursuant to Section 2-260, et sq.,
Monroe County Code.
Section 20. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 21. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 22 The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 23 This Ordinance shall take effect when a copy
has been received by the postal authorities of the government of
the United States for special delivery by registered mail to the
Office of the Secretary of State of the State of Florida that
this Ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
9
, , '
Monroe County, Florida, at a regular meeting of said Board held
on the 21st day of June, A.D., 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
g~7?~,~, .?
aycf a rman
(SEAL)
Attest. -r-./"'i'T"l L T(Tr;';,"!',~ r<\ ,"':', Clerk
. L il'i.1.1. _ . ..)............L...<l....._.l... ......-----,
~~/J~
ADOPTED:
~-,2J- 88
FILED WITH SECRETARY OF STATE: , - ~ 7- ~ P:
EFFECTIVE DATE: ~ - ~ 7.... r 8" I
,
APPROVED AS TO FO,'?M
ANDLEGALSUFRC~NC~
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305)294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (3051 852-9253
June 27, 1988
REGISTERED MAIL
RETURN RECEIPT REQUESTED
Q ~t::>B-\ \0 - ~ -:0 ~
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Emergency
Ordinance No. 031-1988 creating a Municipal Service Taxing
Unit of District for the provision of fire and ambulanc,e
service in that portion of Monroe County extending from the
Cow Key Channel north to Snake Creek~ etc.
This Emergency Ordinance was adopted by the Monroe
County Board of County Commissioners at a Regular Meeting in
formal session on June 2l, 1988.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of ounty Commissioners
By:
Rosalie L. Co
Deputy Clerk
cc: Municipal Code Corporation
Mayor Eugene Lytton
Commissioner William Freeman
Commissioner Jerry Hernandez, Jr.
Commissioner Michael Puto
Commissioner John Stormont
County Attorney
County Administrator
Asst. Co. Admin. - Public safety
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LriXcciXr-:
FLORIDA DEPARTMENT OF ST ATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
June 29, 1988
Honorable Danny L. Kolhage
Clerk of Circuit Court - Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge:
1. Receipt of letter/s of June 27, 1988
and certified copy/ies of Monroe
County Ordinance(s) Emergency Ord. No. 88-31
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed this/~ ordinances in this office
on June 29, 1988. (3:01 pm)
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Sincerely,
LiZ~Ch~
Bureau of Administrative Code
LC / mb
ORDINANCE N0.07- Qff?'-e9 -dP?
AN ORDINANCE DECLARING THAT AN EMERGENCY
EXISTS AND WAIVING A NOTICE BY A FOUR - FIFTH'S
VOTE OF THE LAYTON CITY COUNCIL; ELECTING TO
INCLUDE THE CITY OF LAYTON, FLORIDA, I N THE
MONROE COUNTY LOWER AND MIDDLE KEYS FIRE AND
AMBULANCE DISTRICT; PROVIDING FOR THE INITIAL
IMPLEMENTATION OF THE PROVISIONS HEREOF;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN
CONFLICT HEREWITH; PROVIDING FOR READING BY
TITLE ONLY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Layton finds it desirous to be included
in the Monroe County Upper and Middle Keys Fire and Ambulance
District; and
WHEREAS, Section 13 of Monroe County Ordinance 031 -1988
provides for inclusion of the City of Layton in the Lower and
Middle Keys Fire and Ambulance District upon passage of an
ordinance by the City providing for inclusion.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF LAYTON, FLORIDA:
Section 1. An emergency is hereby declared and notice waived
by a four - fifths vote.
Section 2. The City of Layton elects to be included in the
Lower and Middle Keys Fire and Ambulance District pursuant to
Section 13 of Monroe County Ordinance 031 -1988.
Section 3. The City of Layton shall take whatever action
may be necessary to implement the provisions herein as soon as
practicable after this ordinance takes effect.
Section 4. If any section, subsection, sentence, clause or
provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 5. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent
of such conflict.
Section 6. This ordinance shall take effect immediately
upon its passage and adoption following second reading.
PASSED AND ADOPTED by the City Council of the City of
Layton, Florida at a regular meeting held July 8, 1988.
ATTEST: CITY OF LAYTON, FLORIDA
i
By (g / B
Carol McLa n, City Crerk 'eter Riley, Mayor
(SEAL)
RESOLUTION NO. 209
RESOLUTION RE: REPRESENTATIVE TO
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
KEY COLONY BEACH, FLORIDA, APPOINTING THE CITY'S
REPRESENTATIVE TO THE LOWER AND MIDDLE KEYS FIRE
AND AMBULANCE DISTRICT CREATED BY COUNTY ORDINANCE
031 - 1988; APPOINTING AN ALTERNATE REPRESENTATIVE
TO ACT IN THE ABSENCE OF THE REGULAR REPRESENTATIVE
WITH FULL VOTING POWERS THEREOF.
WHEREAS, The City of Key Colony Beach has joined the Lower
and Middle Keys Fire and Ambulance District as created by
County Ordinance No. 031 - 1988 - effective June 27, 1988, and
WHEREAS, Section 13 of said County Ordinance mandates that
the representatives on the District Governing Board shall
be designated by Resolution;
NOW THEREFORE Be It Resolved by the City Commission of the
City of Key Colony Beach sitting in Regular Session on July
28, 1988, that the following Representatives be appointed:
RUSSELL RADOM, VICE MAYOR, AS REPRESENTATIVE
AL OWENS, CITY COMMISSIONER, AS ALTERNATE
REPRESENTATIVE
The terms for the foregoing appointments shall end with
the City Commission Organizational Meeting in April of
1989,
This Resolution shall become effective immediately upon 'its
adoption and due promulgation.
, Ae„
R SSELL RADOM, V 'i'YOR
CITY OF KEY COLONY BEACH
(Seal)
ATTEST; -
Joan E. Rinyu, City CS,prk
Effective Date July 28, 1988