Ordinance 034-1988
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Reggie Paros, EMS Director
ORDINANCE NO. 034-1988
AN ORDINANCE DECLARING AN EMERGENCY AND
WAIVING NOTICE BY A FOUR-FIFTH'S VOTE;
AN ORDINANCE AMENDING ORDINANCE NO. 031-1988
IN ORDER TO PROVIDE THAT FUNDS AND OTHER
PROPERTY EARMARKED FOR FIRE AND AMBULANCE
SERVICE IN THE ACCOUNTS OF THE MUNICIPAL
SERVICE TAXING DISTRICTS SET FORTH IN SECTION
2-235(la)-(4b), MONROE COUNTY CODE, SHALL
BECOME THE PROPERTY OF THE LOWER AND MIDDLE
KEYS FIRE AND AMBULANCE DISTRICT ON SEPTEMBER
30, 1988; PROVIDING THAT THE DEBTS AND OTHER
OBLIGATIONS OF SUCH MUNICIPAL SERVICE TAXING
DISTRICTS SHALL BECOME THE RESPONSIBILITY OF
THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE
DISTRICT ON SEPTEMBER 30, 1988; PROVIDING FOR
THE REPEAL OF THE REFERENDUM REQUIREMENT FOR
CAPITAL PURCHASES IN EXCESS OF $5,000;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE; AND PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, the tentative budget must be certified by August 1,
1988; and
WHEREAS, to properly certify such budget a provision for the
September 30, 1988 transfer of the debts, obligations and assets
of the existing special districts must be made; and
WHEREAS, time is of the essence; 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-fifth's vote.
Section 2.
Ordinance No. 031-1988, Section 12, is hereby
amended by the addition of the following:
The final balances for fire and ambulance service in the
accounts of municipal service taxing districts set forth in Sec.
2-235 (la) - (4b), Monroe County Code, and any other fire and
ambulance service assets, including personality, and realty and
any fixtures thereon, owned by the districts shall, as of Septem-
ber 30, 1988, be transferred to and become the property of the
Lower and Middle Keys Fire and Ambulance District. All debts and
obligations connected with the provision of fire and ambulance
service incurred by the municipal service taxing units set forth
in Sec. 2-235(la) - (4b) shall, as of September 30, 1988, become
the debts and obligations of the Lower and Middle Keys Fire and
Ambulance District.
Section 3. Section 15 of Ordinance No. 031-1988 is
hereby amended to read as follows:
Section 15. Prior to the purchase of capital
equipment the cost of which exceeds $5,000, or pPrior
to the imposition of an ad valorem levy to be pledged
for any form of indebtedness as described in for which
a referendum is required by 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 resolu-
tion, 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 majority of the elec-
tors 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 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.
2
Section 5.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 6.
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 7.
This Ordinance shall take effect immediately
upon deposit with the postal authorities of the government of the
United State for special delivery by registered mail, to the
Office of the Secretary of State of the State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 19th day of July, A.D., 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By g~,;; t-
Ma r airman
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
~c ~J Lf)/
ADOPTED:
7-1'"''
MAILED TO SECRETARY OF STATE: '1- '" . r r
EFFECTIVE DATE: 'I-A' -1'8
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J)annp 1L. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33060
TEL. (306) 743-9036
CLERJ{ 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. (305) 852-9253
July 26, 1988
REGISTERED MAIL
RETURN RECEIPT REQUESTED
'R- "3De
\\1) 7-~1
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. 034-1988 amending Ordinance No. 031-1988
regarding fire and ambulance service, etc.
This Emergency Ordinance was adopted by the Monroe
County Board of County Commissioners at a Regular Meeting in
formal session on July 19, 1988.
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
By:
Rosalie L. C
Deputy Clerk
cc: Municipal Code Corporation
Mayor Eugene Lytton
Commissioner William Freeman
Commissioner Jerry Hernandez, Jr.
Commissioner Michael Puto
Commissioner John Stormont
Sheriff William Freeman
County Attorney Randy Ludacer
County Administrator Tom Brown
Asst. County Administrator Reggie Paros
Finance Director Jim Matthews
~le
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FLORlDA DEPARTMENT OF STATE
Jim Smith
Secretary of Slate
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
August 1, 1988
Honorable Danny L. Ko1hage
Clerk of Circuit Court
Monroe County Courthouse - 500 Whitehead St.
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
this
Pursuant to the provisions
will acknowledge:
1. Receipt of letterjs of
and certified copyjies
County Ordinance(s) No.
of Section 125.66, Florida Statutes,
July 26, 1988
of Monroe Emergency
88-34, & Ordinances
2. Receipt of
relative to:
Nn~ RR-35 G 88-37, Regular filing date.
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed ~s/these ordinances in this office
on July 29, 1988. (4:13 pm)
4. The original/duplicate copyjies showing the filing date
is/are being returned for your records.
Since~ely. ~
Li~ Chief
Bureau of Administrative Code
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