Ordinance 016-2018 ORDINANCE NO. 016 -2018
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ABOLISHING MUNICIPAL SERVICE TAXING OR
BENEFIT UNITS CREATED FOR FIRE PROTECTION
AND AMBULANCE SERVICES BY ORDINANCE NO. 5-
1977; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County ( "BOCC "),
Florida, is authorized by Article VIII of the Florida Constitution and Chapter 125, Florida
Statutes, to adopt ordinances not inconsistent with general law; and
WHEREAS, Section 125.01(1)(q), Florida Statutes, grants to counties the authority to
establish and abolish municipal service taxing units for the provision of numerous municipal
services; and
WHEREAS, the municipal service taxing or benefits units ( "Districts ") were created by
the BOCC via Ordinance No. 5 -1977 for the purpose of providing fire protection, ambulance
service, street lighting, and parks and recreation within the territorial limits of said Districts; and
WHEREAS, Ordinance No. 5 -1977 was amended by Ordinance No. 4 -1981 to clarify
that the municipal service taxing or benefit units were created only for fire protection and
ambulance services and, and were also amended via Ordinance No. 14 -1977; Ordinance No. 12-
1978, Ordinance No. 7 -1979, Ordinance No. 11 -1979, Ordinance No 50 -1987, Ordinance No.
44 -1988, and Ordinance No. 35 -1996; and
WHEREAS, Ordinance No. 5 -1977 provides for the fire protection and ambulance
services to be financed from ad valorem taxes levied and collected within each of the Districts;
and
WHEREAS, in 1988, the BOCC adopted Ordinance No. 031 -1988, creating the Lower
and Middle Keys Fire and Ambulance District and in 2005 the Legislature created the Key Largo
Fire Rescue and Emergency Medical Services District via Ch. 2005 -329 both of which were
created for the purpose of providing fire and ambulance service and thereby duplicating the
purposes of the municipal service taxing or benefit units created under Ordinance No. 5 -1977;
and
1
WHEREAS, due to the establishment of the Lower and Middle Keys Fire and
Ambulance district in 1988, staff seeks to now abolish the Districts established by Ordinance No.
5 -1977 as those Districts are no longer needed for the purpose for which is was established and
have not been utilized since 1988; and
WHEREAS, there are no funds remaining from the taxes collected under the Districts'
taxing authority and the District's fund is no longer utilized and thus should be dissolved; and
WHEREAS, on July 18, 2018, the BOCC authorized staff to advertise the public hearing
to consider this ordinance abolishing the Districts; and
WHEREAS, in accordance with the dissolution of the District,
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe
County, Florida, as follows:
SECTION 1. Ordinance No. 5 -1977 creating the municipal service taxing or benefit
Districts for Fire Protection and Ambulance Service, and any other ordinances revising
Ordinance No. 5 -1977, including but not limited to Ordinance Nos. 14 -1977, 12 -1978, 7 -1979,
11 -1979, 50 -1987, 44 -1988 and 35 -1996 are hereby repealed, as are any other ordinances
inconsistent with this ordinance.
SECTION 2. The Board created by Ordinance No. 5 -1977, and as amended
subsequently by other ordinances, is hereby dissolved.
SECTION 3. There are no funds held on account for the Districts that needs to be
disbursed.
SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with
the Department of State as provided in Section 125.66(2), Florida Statutes.
2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 15 day of August, 2018.
Mayor David Rice Yes
Mayor Pro Tem Sylvia Murphy Yes
Commissioner Danny Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner George Neugent Yes
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
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By .■, I, . 1 • i sail J S By
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MONROE COUNTY ATTORNEY
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09 CHRISTINE LIMBERT - BARROWS
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RECEIVED
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box P: (305) 292-7777 e F ext 219 (305) 295-8025 JUL 31 2018
legals@keysnews.com
MONROE COUNTY ATTORNEY
MONROE COUNTY ATTORNEY
502 WHITEHEAD ST REAR
KEY WEST FL 33040 -6573
Account: 137379 Ticket: 244880
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTERTIQN TO CONSIDER
NOTICE OF INTENTION TO CONSIDER ADOPTION OF !'OUNT': ORDINANCE
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 15,
11 MAY CONCERN that on August 15, 2018 at 3:00 P.M., or as soon there -
Before the undersigned authority personally appeared 2018 at 3:00 P.M., or as soon there- after as may be heard, in the Harvey
after as may be heard, in the Harvey Government Center, 1200 Truman Av-
' y , I \-1 ado-es Government Center, 1200 Truman Av- enue, Key West, Monroe County, Flori-
(' ) v n`4I1 , who on oath says that he or she is enue, Key West, Monroe County, Flori da, the Board of County Commissioners
da, the Board of County Commissioners of Monroe County, Florida, intends to
of Monroe County, Florida, intends to consider the adoption of the following
On \/ consider the adoption of the following County ordinance:
�1�) of the Key West Citizen, a daily news- County ordinance:
a er published in Key st, in Monroe County, Florida; that the attached copy COUNTY SI NE R BOARD N-
p P P Y Y PY COUNTY COMMISSIONERS OF MON- OF
of advertisment, being a legal notice in the matter of ADOPTION OF COUNTY CO
AN ORDINANCE SI THE BOARD N- ROE COUNTY, FLORIDA, ABOLISHING
g g COUNTY COMMISSIONERS OF MOH- MUNICIPAL SERVICE TAXING OR BENE-
ORDINANCE was published in said newspaper in the issues of: ROE COUNTY, FLORIDA, ABOLISHING FIT UNITS CREATED FOR FIRE PROTEC-
MUNICIPAL SERVICE TAXING OR BENE TION AND AMBULANCE SERVICES BY
/ FIT UNITS CREATED FOR FIRE PROTEC- ORDINANCE NO. 5 -1977; PROVIDING
Wednesday, July 25, 2018/ TION AND AMBULANCE SERVICES BY FOR THE REPEAL OF ALL ORDINANCES
ORDINANCE NO. 5 -1977; PROVIDING INCONSISTENT HEREWITH; AND PRO-
FOR THE REPEAL OF ALL ORDINANCES VIDING AN EFFECTIVE DATE.
INCONSISTENT HEREWITH; AND PRO -
Affiant further says that the Key West Citizen is a newspaper published in Key VIDING AN EFFECTIVE DATE Pursuant to Section 286.0105, Florida
Statutes, notice is given that if a person
West, in said Monroe County, Florida and that the said newspapers has hereto- Pursuant to Section 286.0105, Florida decides to appeal any decision made by
fore been continuously published in said Monroe County, Florida every day, and Statutes, notice is given that if a person the Board with respect to any matter
has been entered as periodicals matter at the post office in Key West, in said the Board with respect decision made matter considered will need edh record d g o or meet-
P P Y the Board with respect to any matter ings, he will need a record of the pro -
Monroe County, Florida, for a period of 1 year next preceding the first publication considered at such hearings or meet- ceedings, and that, for such purpose,
of advertisement; and affiant further sa s that he or she has in he will need a record of the pro- he may need to ensure that a verba-
of the attached co
PY Y ceed and that, for such purpose, tim record of the proceedings is made,
neither paid nor promised any person, firm or corporation any discount, rebate, he may need to ensure that a verba- which record includes the testimony
commission or refund for the ose U of security this advertisement publica- for ublica- tim record of the proceedings is made, and evidence upon which the appeal is
P g which record includes the testimony to be based.
tion in t - aid newspaper. and evidence upon which the appeal is
to be based. ADA ASSISTANCE: If you are a person
with a disability who needs special
ADA ASSISTANCE: If you are a person accommodations in order to partici-
w ith a disability who needs special pate in this proceeding, please contact
(Signat f Affian the County Administrator's Office, by
accommodations in order to partici-
/ phoning (305) 292 -4441, between the
pate in this proceeding, please contact hours of 8:30 a.m. - 5:00 p.m., no later
Affi ed nd s , •se re me this ?�4 da y July of Jul 2018 the County Administrator's Office, by
phoning (305) 292 -4441, between the than five (5) calendar days prior to the
hou rs of 8:30 a.m. - 5:00 m., no later scheduled meeting; if you are hearing
. �. - p-
4 . �
than five (5) calendar days prior to the
or voice impaired, call "711°.
4 //jj �� // scheduled meeting; if you are hearing Dated at Key West, Florida, this 18th
1'. ' F•IIC ° ign ure) or voice impaired, call "711". day of July, 2018.
S r y Dated at Key West, Florida, this 18th KEVIN MADOK, Clerk of the Circuit
a, / ! �f A q , A, day of July, 2018. Court and ex officio Clerk of the Board
(Notary P , lic Printed Name) (Nola ; ) of County Commissioners of Monroe
KEVIN MADOK, Clerk of the Circuit County, Florida
�� -" " Court and ex officio Clerk of the Board
My commission expires a' 2- Z Z of County Commissioners of Monroe 07/25/18 Key West Citizen
'0/ 'S. 1, County, Florida
Cl) 07/25/18 Key West Citizen
Personally Known X Produced Identification
Type of Identification Produced
3�i- Cn g s
2 S N
N
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNT`; ORDINANCE
NOTICE 15 HEREBY GIVEN TO WHOM
IT MAY CONCERN that on August 15,
2018 at 3:00 P.M., or as soon there-
after as may be heard, in the Harvey
Government Center, 1200 Truman Av-
enue, Key West, Monroe County, Flori-
da, the Board of County Commissioners
of Monroe County, Florida, intends to
consider the adoption of the following
County ordinance:
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF MON-
ROE COUNTY, FLORIDA, ABOLISHING
MUNICIPAL SERVICE TAXING OR BENE-
FIT UNITS CREATED FOR FIRE PROTEC-
TION AND AMBULANCE SERVICES BY
ORDINANCE NO. 5 -1977; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; AND PRO-
VIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida
Statutes, notice is given that if a person
decides to appeal any decision made by
the Board with respect to any matter
considered at such hearings or meet-
ings, he will need a record of the pro-
ceedings, and that, for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is made,
which record includes the testimony
and evidence upon which the appeal is
to be based.
ADA ASSISTANCE.' If you are a person
with a disability who needs special
accommodations in order to partici-
pate in this proceeding, please contact
the County Administrator's Office, by
phoning (305) 292 -4441, between the
hours of 8:30 a.m. - 5:00 p.m., no later I
than five (5) calendar days prior to the
scheduled meeting; if you are hearing
or voice impaired, call "711".
Dated at Key West, Florida, this 18th
day of July, 2018.
KEVIN MADOK, Clerk of the Circuit
Court and ex officio Clerk of the Board
of County Commissioners of Monroe
County, Florida
07/25/18 Key West Citizen
August 22, 2018
Department of State
Administrative Code & Register [[1200,711,1229,772][12][,I,][Calibri]]
500 S. Bronough Street
Tallahassee, FL. 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 016-2018 of the Board of County
Commissioners of Monroe County, Florida, abolishing Municipal Service Taxing or Benefit Units
created for Fire Protection and Ambulance Services by Ordinance No. 5-1977; providing for the
Repeal of all Ordinances inconsistent herewith; and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on August 15, 2018. Should you have any questions,
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA,
Clerk of the Circuit Court & Comptroller &
ex-officio to the Monroe County
Board of County Commissioners
[[1200,2054,1272,2115][12][,I,][Calibri]]by: [[1272,2054,1420,2115][12][,I,][Calibri]]Sally M [[1420,2054,1433,2115][12][,I,][Calibri]]. [[1433,2054,1444,2115][12][,I,][Calibri]]
[[1443,2054,1601,2115][12][,I,][Calibri]]Abrams [[1599,2054,1707,2115][12][,I,][Calibri]], D.C. [[1707,2054,1736,2115][12][,I,][Calibri]]
cc: Municode
County Administrator
County Attorney
OMB
BOCC
File
4. c.
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
August 22, 2018
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Sally Abrams
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 016 -2018, which was filed in this office on August 22,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.fl.us
From: ords2municode.com
To: Pete rs-Katherine2monroecounty-fl.aov; Pam Hancock
Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 17 Update 4
Date: Thursday,August 23,2018 1:08:27 PM
Attachments: ATT00001.bin
ATT00002.bin
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Ordinance No. 015-2018 7/18/2018 8/6/2018 PDF
Ordinance No. 016-2018 8/15/2018 8/23/2018 PDF
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