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Ordinance 031-1985County Commission ORDINANCE NO. 031-1985 AN ORDINANCE DECLARING THAT AN EMERGENCY EXISTS; WAIVING NOTICE; CREATING A MUNICIPAL SERVICE TAXING UNIT (DISTRICT) FOR THE PURPOSE OF PROVID- ING FINANCING FOR PLANNING, ZONING AND BUILDING STUDY, PERMITTING AND ENFORCEMENT; PROVIDING FOR DISTRICT POWERS; PROVIDING FOR THE LEVY OF AD VALOREM TAXATION; PROVIDING FOR RESTRICTIONS ON THE DISTRICT'S SPENDING AND TAXING AUTHORITY; PROVIDING FOR A REFERENDUM ON CERTAIN FORMS OF INDEBTEDNESS AND FOR LEVIES NOT TO EXCEED TWO YEARS WHICH MAY CAUSE TOTAL DISTRICT MILLAGE TO EXCEED 10 MILLS; CONFIRMING EXISTING CONTRACTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is desired to establish a Municipal Service Taxing Unit "district" to include all the unincorporated area of Monroe County for the purpose of financing the Planning, Zoning and Building Department of the County through ad valorem taxa- tion; and WHEREAS, the millage for said district has already been calculated and figured into the budget; and WHEREAS, the only remaining step is to create the MSTU mechanism itself; and WHEREAS, it is necessary that such be done before the commencement of the new fiscal year; and WHEREAS, the usual ordinance enactment process will not permit so rapid an enactment; and WHEREAS, because time is of the essence in such a situation; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. An emergency is hereby declared to exist and notice is hereby waived by a four -fifths vote of the membership of the Board, all pursuant to Florida Statute 125.66(3). Section 2. There is hereby created, pursuant to the author- ity granted in Chapter 125, Laws of Florida, and Article 7, Sec. 9(b), Florida Constitution, a municipal service taxing unit (district) for the purpose of providing the following essential municipal services: a.) Land use planning, including, but not limited to, all those functions described in the Local Government Comprehensive Planning Act as amended, Florida Statute 163.3161, et seq., and Chapter 380, Laws of Florida; b.) Drafting and analysis of all land use or building regu- lations, of whatever type and however denominated when so re- quested by the Board of County Commissioners; c.) The administration and enforcement of all resolutions, ordinances and general and special laws regulating land use; d.) The administration and enforcement of all building codes and controls including the issuance of permits; and e.) Code enforcement under Chapter 162, Laws of Florida. In carrying out the purposes described in this Article, the district shall be financed from ad valorem taxes collected solely within the district. Nothing contained herein, however, shall be construed to prevent the district from charging various fees, as determined by the Board of County Commissioners, for the process- ing of permit applications. Section 3. The district shall be known as the Monroe County Planning, Zoning and Building District and shall include all of the unincorporated lands in the County. Section 4. 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, or otherwise; 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 equip- ment, and except as such transactions may be limited herein, as the governing body may deem proper or expedient to carry out district purposes; to employee such experts, agencies and employ- ees as the governing body may deem advisable; and to borrow money and to issue negotiable promissory notes, certificates of indebt- edness as hereinafter provided. In order to carry out the N purposes enumerated in Section 2, 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 Commissioners 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 any additional compensation for their service as members. Section 7. There 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 F.S. 11.45. 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 7, Sections 10 and 12, Florida Constitution, 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 for the safekeeping of said funds. No funds of the district shall be paid or disbursed save and except by warrant, signed by the chairman of the governing body and attested by the clerk. 3 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 Article 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 Article or by general or special law. Section 12. The governing body, when it deems it advisable, 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 Article 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. In the event an interlocal agreement is entered into between the district and a municipality, such agreement, in addition to being in compliance with Chapter 163, Laws of Florida, shall include an express provision as to how the munic- ipality shall pay for its use of district services. The munici- pal funding source may be from funds derived from service charges, special assessment or taxes imposed within such munic- ipality by such municipalities or from budgetary payments made in the due course of law from such municipality to the district. Section 14. 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 4 officers. A record shall be kept of all meetings of the govern- ing 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. Section 15. (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 Judicial 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 16. The funds of the district shall be paid out only upon a warrant signed by the chairman of the governing body and attested to by the clerk and having thereto affixed the corporate seal of the district. No warrant shall be drawn or issued against the funds of the district except for the purposes authorized 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 17. (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 a suffi- cient tax to pay all necessary costs, 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 7, Section 9(b), Florida Constitution, Chapter 125, Florida Statutes, and Florida Statute 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 5 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 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 by 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 of this Article are municipal assessments for municipal or peculiar benefits accruing to the properties within the district against which properties such levies are directed to be made. It is also herein and hereby found, determined and de- clared that the services enumerated in Section 2 of this Article are public purposes and essential municipal services under the terms of Florida Statute 125.01(q). Section 18. Prior to the imposition of an ad valorem levy to extend not longer than two years and such that it may cause the total millage in the district to exceed 10 mills or prior to the imposition of an ad valorem levy to be pledged for any form n of indebtedness as described in Article 7, Section 12, Florida Constitution, 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 shall be deemed to have passed when a majority of the electors voting in the election shall have voted for the levy or levies described in the ballot. The proposed levy, if authorized by the electors and there- after levied by the Board of County Commissioners, shall only be used for the purposes set forth on the ballot. Section 19. The governing body is authorized to pay from the funds of the district all expenses necessarily incurred in the formation of the district. Section 20. Any amendment changing the boundaries of the district shall not be effective in the following fiscal year unless done before the first day of January which is prior to the commencement of said fiscal year. Any change in district purpose shall not be effective in the following fiscal year unless done before the first day of July which is prior to the commencement of said fiscal year. Section 21. (a) Nothing contained in this Article shall be construed to alter or vitiate any existing ordinance, resolution, general or special law, regardless of whether the ordinance, resolution, general or special law is procedural or substantive, whose subject matter touches upon the purposes of the district enumerated in Section 1 of this Article. Additionally, nothing in this Article shall be construed to in anyway alter, obstruct or prevent the Board of County Commissioners from exercising their authority, granted by general or special law, in regard to any subject which may involve the purposes enumerated in Section 1 of this Article. 11 (b) Nothing in this Article shall be construed to in anyway cancel, or modify the term of, any contract existing on the effective date of this Article between Monroe County and any person or persons, real or incorporeal, and regardless of the subject matter of the contract. Section 22. 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 23. The provisions of this Ordinance shall be included and incorporated into the Code of Ordinances of the County of Monroe as an addition or amendment thereto and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 24. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of any such conflict. Section 25. This Ordinance shall take effect when a certified copy of this Ordinance has been accepted by the postal authorities of the Government of the United States for special delivery by registered mail to the Department of State. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of September, A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA r By: Mayor/Chairman (SEAL) Attest: DANNY L. gOLHAGE, APPROVED AS TO FORM er AN ,LEGAL SUlf1C1' G . Attorneys Office PASSED AND ADOPTED: C� FILED WITH SECRETARY F STATE: EFFECTIVE DATE: 0 lv0', THE ST,�, t W � � o W - A hCOD w� FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State October 3, 1985 Honorable Danny Kolhage Clerk of Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Melanie Sue Parra, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of September 30. 12-15__ and certified copy/i.es of _ Monroe_E-ergency County Ordinances No._85-31- (creating_a MSTU district) 2. Receipt of _ _ _County Ordinance/s relative to: (a)which we have numbered _ _ �— (b )-- which we have 3. We have filed this/ths-se Ordinance/s in this office on__—_ October 2, __1985. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. LC/ mb Cordially, (Mrs.) '.z Cloud, Chief Bureau of ,administrative Code FLORIDA-State of the Arts `RANCH OFFICE ,117 OVERSEAS HIGHWAY °'ARATHON, FLORIDA 33050 .4EL. (305) 743-9036 January 6, 1986 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 Mr. Robert L. Leslie Vice -President --Supplements Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32304 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 In Re: Copies of Ordinances, Monroe County, Florida Dear Mr. Leslie: Due to a change in personnel, you may not have received certified copies of Ordinances 028-1985 through 034A-1985, inclusive. Therefore, we are sending said copies for inclusion in the Monroe County, Florida Code of Ordinances. Please contact us if you need any further information. Si( rely, Laurie A. Freeling Secretary to Mr. KoXhage Enclosures - ACKNOwLEDGMEPIT DATE: January 14, 1986 TO. Monroe County, Florida (Supplement No. 25) We are in receipt of the following material which will be con- sidered for inclusion in the next Supplement to your Code: t"~_ Ordinance Nos. 028-1985 through 034A-1985 , 036-1985 , 037-1985 Please advise the date of adoption for Ordinance No. 028-1985. Thank you for your assistance and cooperation. db Robert L. Lashe . Vice President - Supplements f Municipal Code Corporation