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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~ /;/ B LM1 10 4. iDannp 1.. ltolbage 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 ~.e C') ~ ~ . :c .. .. c: . ~ .. a. ; ii. E o u l . :c .. o '0 1 s i ~ '0 ! .. '0 c: .. I u ~ I .. c: o .. :0 '0 .. c: .. .c: ~ N '0 c: .. c: o .. lil a. Ul . E .. ~ .. ; ii. E o u lo "0 ':0 \0 C'"l N I o .-4 ...... 8 =iij ~~i:E ~!!E' ... .- t: ~ oi'a~ ~D~ DO ...:t o UlH :3:H j~ U.-4 o r:LlC'"l ::eN HC'"l r:Ll o ..< Or:LlO UHH <~ . H 0 ZUl...:t H ~ ~ ~ o .. r:Ll Hr:Ll ~ZUl ~~~~ ~~p..t:::l ::Jr:Ll..... ..;i='lOH I 1Ic:i f ~ :g ~ >.. ~W ~ o ~~ ~ :: 2- .. I! " i ~ "O~ .;; <( ~~ cO,'" .. i"O iRl "8' i I t; .. .." "c"O::s ~ !!. "0 <:>- '"' ili <( ~ Ci: 0 c:O ~ III U III II: Z II: :) I- III II: U j::: en III :i o Q OJ : f "0 ~ I f ~ ... .. c '" Vi t-- co Q\ - ... c f I f ~ ... .. c '" Vi ~ ~ .~ ~ ... o OJ ~ -' - ~ E l; LL. en l:l. ::;"iliiil '!!!' 'l:I --- "q ~." 111' ~ .. - -..-.,.... _"..,~,.,jlIllE.i!!lliI",!lIIl;"'IIlI:,.i:III.."1IltI.'*Il,..dIllkelUll....-m,."""",,ltt!,..UII~ ,iIJ~ 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