Ordinance 032-1989
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Commissioner John Stormont
ORDINANCE NO.
032 -1989
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AN ORDINANCE CREATING A MUNICIPAL SERVICE
TAXING UNIT (DISTRICT) FOR THE PURPOSE OF
PROVIDING FINANCING FOR THE PROVISION OF
LAKE AERATION AND LAKE MAINTENANCE WITHIN THE
PLANTATION LAKE ESTATES SUBDIVISION ON
PLANTATION KEY, MONROE COUNTY, FLORIDA;
PROVIDING FOR DISTRICT POWERS; PROVIDING FOR
THE COLLECTION AND LEVY OF AD VALOREM TAXES
OR NON-AD VALOREM ASSESSMENTS PURSUANT TO
F.S. 197.3632; PROVIDING FOR RESTRICTIONS ON
THE DISTRICT'S SPENDING AND TAXING AUTHORITY;
PROVIDING FOR A REFERENDUM ON CERTAIN FORMS
O~~ INDEBTEDNESS AND FOR AD VALOREM LEVIES NOT
,Ttt EXCEED TWO YEARS WHICH MAY CAUSE TOTAL
~tSTRICT MILLAGE TO EXCEED 10 MILLS;
~OVIDING FOR SEVERABILITY; PROVIDING FOR
.':e:JCLUSION IN THE MONROE COUNTY CODE OF
~INANCES; PROVIDING FOR THE REPEAL OF ALL
w~INANCES OR PARTS OF ORDINANCES IN CONFLICT
~ ~REWITH; AND PROVIDING FOR AN EFFECTIVE
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WHEREAS, it is desired to establish a Municipal Service
Taxing Unit, "district", to include certain properties in
Plantation Lake Estates Subdivision for the purpose of providing
drainage and lake maintenance; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
There is hereby created, pursuant to the
authority granted in F.S. 125.01, a municipal service taxing unit
for the purpose of providing the following essential municipal
services:
(a) Lake aeration;
(b) Lake maintenance.
Section 2.
The district shall be known as the Plantation
Lake Estates Special Lake Aeration and Lake Maintenance District.
Section 3.
The governing body of the district shall be
the Board of County Commissioners of Monroe County, Florida.
Section 4.
The area of the district shall be that
portion of the unincorporated area of Monroe County, Florida,
more particularly described as follows:
Lots 1 through 55, an unrecorded subdivision of Plan-
tation Key or Long Island, Pt lot 6 & 7, Plat Book 1,
page 101, Section 18, Township 63, Range 38, of the
public records of Monroe County, Florida, known as
Plantation Lake Estates.
Section 5. The governing body of the district shall have
all the power of a body corporate, including the power to enter
into inter local 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
purposes enumerated in Section 1, 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. 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 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
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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
or special assessments in that fiscal year or may be made payable
from budgetary requirements in due course of law, as the govern-
ing 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.
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 1 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
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the purchase price for, the services of independent contractors
for the purpose of carrying out any of the functions described in
Section 1 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. 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 ordinance.
Section 14. (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 15. 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 ordinance, and no such warrant against the
funds of the district shall be drawn or issued until after the
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account or expenditure for which the same is to be given in
payment has been ordered and approved by the governing body.
Section 16. (a) The governing body of the district is
authorized and empowered to annually levy upon all the real
taxable property in the district a sufficient tax to pay all
necessary costs, of whatever type including capital expenditures,
as authorized by this ordinance 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 Statutes 200.071(3).
(b) The levy by the governing body of the taxes authorized
by this provis ion 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
governing body upon the taxable property in the district at the
rate of taxation adopted by the governing body 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 the governing body in the same manner as other taxes
are collected, and shall pay the same over to the governing body
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
the governing body and paid out by them as provided in this
ordinance. 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
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issuance of same for nonpayment of delinquent county ad valorem
taxes.
Section 17. (a) The governing body of the district is
further authorized and empowered to annually levy upon all the
real property in the district a sufficient per lot non-ad valorem
assessment to pay all necessary cost, of whatever type including
capi tal expenditures, as authorized by this ordinance and as
authorized by F.S. l25.0l(q).
(b) The governing body shall adopt a resolution at a public
hearing prior to January 1. The resolution shall clearly state
its intent to use the uniform method of collecting such assess-
ment authorized in F.S. 197.3632. The governing body shall
publish notice of its intent to use the uniform method for
collecting such assessment weekly in a newspaper of general
circulation within each county contained in the boundaries of the
local government for 4 consecutive weeks preceding the hearing.
The resolution shall state the need for the levy and shall
include a legal description of the boundaries of the real
property subject to the levy. If the resolution is adopted, the
local governing body shall send a copy of it by United States
mail to the property appraiser, the tax collector and the
department of revenue by January 10. The governing body shall
adopt the non-ad valorem assessment roll for the district at a
hearing held between June 1 and September 15. At least 20 days
prior to the public hearing, the governing body shall notice the
hearing by first-class United States mail and by publication in a
newspaper generally circulated within each county contained in
the boundaries of the district. The notice by mail shall be sent
to each person owning property subj ect to the assessment and
shall include the following information: the purpose of the
assessment; the total amount to be levied against each parcel;
the unit of measurement to be applied against each parcel to
determine the assessment; the total revenue the district will
collect by the assessment; a statement that failure to pay the
assessment will cause a tax certificate to be issued against the
property which may result in a loss of title; a statement that
all affected property owners have a right to appear at the
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hearing and to file written objections with the local governing
body within 20 days of the notice; and the date, time, and place
of the hearing. The published notice shall contain at least the
following information: the name of the district governing body;
a geographic depiction of the property subject to the assessment;
the proposed schedule of the assessment; the fact that the
assessment will be collected by the tax collector; and a
statement that all affected property owners have the right to
appear at the public hearing and the right to file written
objections within 20 days of the publication of the notice. At
the public hearing, the governing body shall receive the written
objections and shall hear testimony from all interested persons.
The governing body may adjourn the hearing from time to time. If
the governing body adopts the non-ad valorem assessment roll, it
shall specify the unit of measurement for the assessment and the
amount of the assessment. Notwithstanding the notices provided
for in paragraph (b), the governing body may adjust the
assessment or the application of the assessment to any affected
property based on the benefit which the body will provide or has
provided to the property with the revenue generated by the
assessment. By September 15 of each year, the chairman of the
governing body or his designee shall certify a non-ad valorem
assessment roll on compatible electronic medium to the tax
collector. The governing body shall post the non-ad valorem
assessment for each parcel on the roll. It is the responsibility
of the governing body that such roll be free of errors and
omissions. Alterations to such roll may be made by the chairman
or his designee up to 10 days before certification. Once the
non-ad valorem assessment has been established and the governing
body determines to continue the assessment for a period of years,
it shall not be necessary to annually adopt the district non-ad
valorem roll. However, the governing body shall annually inform
the property appraiser, tax collector and department of revenue
by January 10 of each year if the governing body intends to
continue using the uniform method of collecting such assessment.
The governing body shall re-adopt the district roll if:
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1) The non-ad valorem assessment is increased beyond the
maximum rate authorized by law or judicial decree at the time of
initial imposition;
2) The district boundaries have changed, unless all newly
affected property owners have provided written consent for such
assessment to the local governing body; or
3) There is a change in the purpose for such assessment or
in the use of the revenue generated by such assessment.
The governing body shall enter into a written agreement with
the property appraiser and tax collector providing for reimburse-
ment of necessary administrative costs incurred under this
section. Administrative costs shall include, but not be limited
to, those costs associated with personnel, forms, supplies, data
processing, computer equipment, postage, and programming.
Section 18. It is herein and hereby determined that the
municipal service district ad valorem taxes and non-ad valorem
assessments herein provided for the services described in Section
1 of this Ordinance are municipal taxes or assessments for a
municipal or peculiar benefit 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
declared that the service enumerated in Section 1 of this Article
is a public purpose and essential municipal service under the
terms of Florida Statute l25.0l(q).
Section 19. 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
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 referen-
dum election. The procedure shall be as follows:
(a) The governing body, 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.
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(b) The proposed ad valorem levy shall be deemed to have
passed when a majority of the electors voting in the referendum
election shall have voted for the levy or levies described in the
ballot.
The proposed ad valorem levy, if authorized by the electors
and thereafter levied by the governing body, shall only be used
for the purposes set forth on the ballot.
Section 20. The governing body is authorized to pay from
the funds of the district all expenses necessarily incurred in
the formation of the district.
Section 21, 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 unless the written consent of
the property appraiser is first obtained.
Section 22, Nothing contained in this Ordinance 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 ordinance. Additionally, nothing
in this ordinance 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 ordinance.
Section 23. 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 24. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
said conflict.
Section 25. 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.
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Section 26.
This ordinance shall take effect immediately
upon receipt of official notice from the office of the Secretary
of State of the State of Florida that this ordinance has been
file with said office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~/s-I-
day of ~Jsr
, A.D., 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~ ~rman
(SEAL)
Attest: DANNY': L. KOLHAGE, perk
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ADOPTED: /1/ "'3/-89
FILED WITH SECRETARY OF STATE: /j - tj'.. , ,
EFFECTIVE DATE:
>>MOVfDM 10 I'OIIM
AND LEGAL SuFFlClENJ:~.
8l?/~~
Attorney'. Office
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA THON. FLORIDA 33050
TEL, (3051 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL, (305) 294-4641
November 8, 1989
BRANCH OFFICE
P,O, BOX 379
PLANTATION KEY. FLORIDA 33070
TEL, (3051 852-9253
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
p-();;;(1- /3' -/3.3
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 032-1989 creating a Municipal Service Taxing Unit
(District) for the purpose of providing financing for the
provision of lake aeration and lake maintenance within the
Plantation Lake Estates Subdivision in Monroe County; etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on October 31, 1989. Please file for record.
Very truly yours,
Danny L. Kolhage
~ Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
cc: Municipal Code Corp. p-o-{o-a,81-717
Mayor John Stormont
Mayor Pro Tern Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner Michael Puto
Tax Collector Harry Knight
Property Appraiser Ervin Higgs
County Attorney Randy Ludacer
County Administrator Tom Brown
Finance Director Taryn Medina
File
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DOMESnC RETVRN RECEIPT
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELEcnONS
Room 1801, The Capitol, Tallahassee, Florida 32399-0250
(904) 488-7690
November 13, 1989
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
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 your letter of November 8, 1989 and
certified copy of Monroe County Ordinance No. 89-32, which was
filed in this office on November 13, 1989.
SiB\~~
Liz Cloud, Chief
Bureau of Administrative Code
LC/mb
"UMICIPAL CODE CORPORAl ION
Supple.ent Depart'lnt
PO Box 2235
Tallahassle, FL 3231&-2235~,
:;'~T
Code Supple'lnt No. 38 ! -. ,
C lASlS/16/B9
We have received the following laterial. Thank you
for your assistance and cooperation.
Ordinance No. 032-1989.
1-,aOQ-2G2-CODE (National)
I-BOO-342-CODE (Fiorida)
-
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