Ordinance 012-1978
ORDINANCE NO.12 - 1978
AN ORDINANCE AMENDING MONROE COUNTY ORDINANCE
NO. 5-1977 AS AMENDED BY MONROE COUNTY ORDI-
NANCE NO. 14-1977, THE SAME BEING ~N ORDINANCE
ENTITLED, "AN ORDINANCE PROVIDING FOR THE CREATION
AND ESTABLISHMENT OF NINE MUNICIPAL SERVICE TAXING
OR BENEFIT DISTRICTS FOR THE UNINCORPORATED AREA OF
MONROE COUNTY, FLORIDA. . . ETC. .", BY AMENDING
DISTRICT 2 TO INCLUDE SECTION PRECINCT 19, 19A AND
THAT PORTION OF PRECINCT 18 FROM AND INCLUDING LIT-
TLE DUCK KEY\NORTH TO PRECINCT 19; BY AMENDING SAID
ORDINANCE TO PROVIDE FOR THE ANNUAL LEVY OF AD
VALOREM TAXES WITHIN EACH OR ANY OF SAID DISTRICTS
WITHOUT REFERENDUM ELECTION FOR PURCHASE OF ITEMS
OF CAPITAL EQUIPMENT, THE COSTS FOR WHICH DOES NOT
EXCEED $5000.00 PER CAPITAL ITEM; TO PROVIDE FOR
VOTING MEMBERSHIP IN DISTRICT 2 BY THE CITY OF KEY
COLONY BEACH, FLORIDA; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
Section 1. That Section 1 of Monroe County Ordinance No. 5-
1977, as amended by Monroe County Ordinance No. 14-1977, be and the
same is hereby amended to read:
II ... Distr ict 2. Little Duck Key north
to Banana Boulevard, Valhalla Beach and the
City of Key Colony Beach, Florida (corres-
ponding with Monroe County Property Appraiser's
computer code number 50 KC and 500 M less that
portion lying north of Banana Boulevard, Val-
halla Beach to Tom's Harbor Cut and further
corresponding with Election Precinct 19, 19A
and that portion of Precinct 18 from and in-
cluding Little Duck Key north to Precinct 19.)"
Section 2. That section 3 of Monroe County Ordinance No. 5-
1977, as amended by Monroe County Ordinance No. 14-1977, be and the
same is hereby amended to read:
"Section 3. At any time after this Ordinance becomes law,
any or all of the incorporated municipalities in Monroe County may
by adoption of an Ordinance setting forth their agreement to become
a member of a District, elect to participate in one of the taxing
and/or benefit units created hereby. Thereafter, said municipality
and lands located therein shall be subject to the provisions of this
Ordinance and said municipality shall be entitled to voting membership
in said District and said municipality shall by resolution directed to
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the Board of County Commissioners appoint two of its commission members
to sit upon said Board."
Section 3. That Section 4 of Monroe County Ordinance No. 5-
1977, as amended by Monroe County No. 14-1977, be and same is hereby
amended read:
"section 4. The governing body of each newly created District,
hereinafter termed, "The District" or "said District" shall be known
and designated as the Board of County Commissioners of Monroe County,
but may consist of City Commissioners in the case of adoption of
municipal ordinance electing membership in a District. In which case
the governing board shall consist of three (3) County Commissioners
and two (2) City Commissioners; the members to be named by the
respective boards by resolution. Said Board, constituted under the
Ordinance, shall have all the powers of a body corporate, including
the power_to contract, interlocally, under the provisions of Chapter
163, Florida Statutes, or otherwise, and to be contracted with in
behalf of each District; to sue and to be sued; to adopt and use a
common seal and to alter the same at pleasure; to acquire, to pur-
chase, hold, lease, and convey such real estate and personal property,
including equipment as said Board may deem proper or expedient to
carry out the purposes of this Ordinance; to employ" such experts,
agencies and employees as said Board may require or deem advisable;
to borrow money and to issue negotiable promissory notes, certifi-
cates of indebtedness as hereinafter provided; and to generally
exercise the powers of a public authority organized and existing for
the purpose of providing fire protection, ambulance service, street
lighting, parks and recreation within the territorial limits of each
District. Provided, however, that levies in District 2 shall be for
the providing of fire protection and ambulance service only."
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Section 4. That section 5 of Monroe County Ordinance No. 5-
1977, as amended by Monroe County Ordinance No. 14-1977, be and the
same is hereby amended to read:
"Section 5. The said Board shall at all times consist of no
less than five (5) members, no less than three (3) of which shall be
County Commissioners and no more than two (2) of which shalL be City
Commissioners. The said members of the Board shall serve until their
respective terms as County or City Commissioners shall expire or until
such time as their successor's are appointed. It shall be an essential
qualification that the membership of the Board be County and/or City
commissioners. II
Section 5. That Section 30 of Monroe County Ordinance No. 5-
1977, as amended by Monroe County Ordinance No. 14-1977, be and the
same is hereby amended to read:
"Section 30. That annually, commencing with fiscal year 1978-
1979, the Board may without referendum election levy ad valorem taxes
within each or any of said municipal districts for necessary operational
and maintenance expenses for fire protection, law enforcement, ambulance,
service, beach erosion control, recreational service and facilities,
streets, sidewalks, street lighting, drainage and transportation.
In addition, the Board may without referendum election,
levy ad valorem taxes within each or any of said municipal districts
for purchases of items of capital equipment, the cost of which does
not exceed $5000.00 per item.
That, prior to the imposition of any ad valorem levy in any
district created by this Ordinance for expenditures other than for
maintenance and operational expenses or for an item of capital expendi-
ture which exceeds $5000.00, a referendum election must be held and
passes favorably by a majority of those electors voting in said
election, as follows.
"
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(the remaining portion of Section 30 to remain unchanged)
section 6. This Ordinance shall take effect upon receipt
of the official acknowledgment from the Department of State
acknowledging receipt of certified copy of this Ordinance and that
said Ordinance has been filed in said office.
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday,
September 5th, 1978 at 1:00 o'clock P.M. at the Monroe County Courthouse
Annex, 500 Whitehead Street, Key West, Florida, the Board of County Com-
missioners of Monroe County, Florida intends to consider the adoption of
the following County Ordinance:
ORDINANCE NO.
- 1978
AN ORDINANCE AMENDING MONROE COUNTY ORDINANCE
NO. 5-1977 AS AMENDED BY MONROE COUNTY ORDINANCE
NO. 15-1977, THE SAME BEING AN ORDINANCE ENTITLED,
"AN ORDINANCE PROVIDING FOR THE CREATION AND ESTA-
BLISHMENT OF NINE MUNICIPAL SERVICE TAXING OR BENE-
FIT DISTRICTS FOR THE UNINCORPORATED AREA OF MONROE
COUNTY, FLORIDA.. .. ETC." BY AMENDING DISTRICT 2 TO
INCLUDE SECTION PRECINCT 19 AND THAT PORTION OF
PRECINCT 18 FROM AND INCLUDING LITTLE DUCK KEY NORTH
TO PRECINCT 19; BY AMENDING SAID ORDINANCE TO PRO-
VIDE FOR THE ANNUAL LEVY OF AD VALOREM TAXES WITHIN
EACH OR ANY OF SAID DISTRICTS WITHOUT REFERENDUM
ELECTION FOR PURCHASE OF ITEMS OF CAPITAL EQUIPMENT
THE COSTS FOR WHICH DOES NOT EXCEED $2000.00 PER
CAPITAL ITEM; PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida this 15th day of August, A.D. 1978.
RALPH W. WHITE
Clerk of the Circuit Court
of Monroe County, Florida
and as ex officio Clerk of
the Board of County Commissioners
publish: August 17, 1978
, Ol
j)ctrdatlt of j)tatc
-.
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
Jesse J. McCrary, Jr.
:Qavid Cardwell
SECRETARY OF STATE
Oirector, Division of Elections
9041488-7690
October 3, 1978
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
Key West, Florida 33040
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes; this will acknowledge:
V~1.
Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
September 25, 1978
Monroe
78-12
2.
Receipt of
relative to
County Ordinance/s
3. Receipt of an original/Is and certified copy/ies of
County Ordinance/s No./s
~ We have filed this/these Ordinance/s in this office
O~tQnpr ~ 1978.
,
5. We have numbered this/these Ordinance/s
and was/were filed in this office
1978.
6. The original/duplicate copy/ies showing filing date
is/are being returned for your records.
Cordially,
. ~/0~5./
( s.) Na..n Kavanaugh
ief, Beau of Laws
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