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Ordinance 001A-1982 ORDINANCE NO.1 A -1982 AN ORDINANCE TO PROVIDE FOR THE REIMBURSEMENT OF EXPENSES TO THE FIRE AND AMBULANCE VOLUNTEERS IN THE SPECIAL DISTRICT FORMED IN MONROE COUNTY THE SAME BEING SPECIAL SERVICE DISTRICT 2, FIRE; PROVIDING FOR THE PAYMENT TO THE VOLUNTEERS OF THE AFOESAID DISTRICT, BOTH FIRE MID AMBULANCE FOR REIMBURSEMENT FOR EXPENSES IN THE PERFORMANCE OF THEIR DUTIES; PROVIDING FOR THE FUNDS FOR SAID EXPENDITURES; PROVIDING FOR THE ESTABLISHMENT OF FORMER AFORESAID REIMBURSEMENT; PROVIDING FOR A SCHEDULE FOR THE AFORESAID REIMBURSEMENT; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS HEREOF; PROVI- DING FOR RULES AND REGULATIONS RELATIVE TO THE CONTENTS OF THE AFORESAID ORDINANCE; PROVIDING FOR THE SEVERABILITY OF SAID ORDINANCE; PROVIDING FOR THE REPEAL OF ANY ORDINANCES OR PARTS OF OR- DINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF SAID ORDINANCE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1. That the Board of County Commissioners of Monroe County, Florida does find that since the volunteer fire and rescue personnel in the ten (10) special taxing districts set up for the protection of the lives and property of the citizens of Monroe County render a service which is utterly essential and necessary for this type of protection that under the provisions creating the municipal services of a taxing district under Section l25.0l(1)(q) of the Florida Statutes that certain reimbursement provisions should be maintained for said volunteer personnel. It is the intent of this body to therefore create and permit the reimbursement of said volunteers not to exceed 400 in number so that said services may be maintained at a high and realistic standard. In so doing, the Board of County Commissioners of Monroe County, Florida, do find suffi- cient funds are available and prescribed in the budget of the special taxing district hereinabove recited, to-wit: 2. From said district budget, the funds shall be expended on a contractual basis to each volunteer, a copy of said specimen contract being hereto attached and made a part hereof by direct reference. -2- Section 2. It is further ordained by the Board of County Commissioners of Monroe County, Florida, that the personnel to be affected by this ordinance shall be those volunteers in both the fire departments and rescue departments of the special taxing district hereinabove enumerated but who also work for and on behalf of the following organization; Marathon Volunteer Fire and Rescue, Inc. That the corporate name that appears in the preceding sentence corresponds with the district in this fashion: Marathon Volunteer Fire and Rescue, Inc. - 2. That the various members of the unit hereinbefore described shall be compensated on a monthly basis for each budget year based on an agreement entered into by and between the operating corporations with the special taxing district wherein they are volunteers by agreement entered into and filed with the special taxing district. That the reimbur- sement payable to the various volunteers shall be in the following sums; For volunteers - $35.00jmonth reimbursement For fire chiefs and ambulance chiefs - $200.00jmonth for reimbursement. It is understood that the various fire chiefs and ambulance chiefs are required to undergo more extensive preparation and activities relative to their positions than the volunteers and accordingly are entitled to be reimbursed a sum as is shown herein. Section 3. That the funds to be expended under the provisions of this ordinance shall be set forth in the budget of the respective special taxing districts as is enumerated in the caption and herein- above, and it is understood and considered part of this ordinance that since funds have been set forth in the various budgets for the fiscal year 1981-82 that said sum shall be paid upon the passage of this ordinance for said retroactive reimbursements. -3- Section 4. That it is hereby ordained that the various dis- tricts reflected in Section 1. hereof shall be required to enter into agreements with the corporations performing the services to the various districts as a conditioned precedent to the reimburse- ment to the volunteers provided in this ordinance. It is hereby provided that agreements shall be entered into between the various special taxing districts and said corporations to set forth the understanding, a copy of said agreement being attached hereto and made a part hereof by direct reference and marked as Exhibit A. These agreements shall be executed by the presiding officer of the board of each special taxing district and the officers of the operating corporations. Section 5. That rules and regulations may be promulgated by the various special taxing districts relative to the contents of this ordinance, to include the compliance with any laws and/or ordi- nances that relate to the contents of this ordinance, but it shall not be exclusive of any and all rules required for the beneficial operation of special taxing districts in regard to the welfare of the people of Monroe County and their property. Section 6. Any ordinance or parts of ordinances in conflict with this ordinance is hereby repealed to the extent of the conflict herewith. Section 7. It is declared to the the intent of the Board of County Commissioners of Monroe County, Florida, that any section, sub-section, sentence, clause or provision of this ordinance is held invalid, the remainder of the ordinance shall be construed as not having contained such section, sub-section, sentence, clause or provision, and shall not be affected in any wise by such holding. Section 8. 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 appro- priately renumbered to conform to the uniform numbering system of the Code. -4- Section 9. 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 Secretary of State of the State of Florida. MUNICIPAL SERVICE TAX DISTRICT 2 BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA By L~ ~ . ~ (Seal) Attest :BAl.P.BJV. WHITE. CIlRK '6-- '(..;. ;..:....., ~ p ~ .10 .~ . ~ C erk ADOPTED: " - 1..0 - I'iZL FILED WITH SECRETARY OF STATE: \o-I-?L EFFECTIVE DATE: APPROVED AS TO FORM AND GAL SUFFICIENCY. fiV AGREEHENT THIS AGREEHENT made and entered into this day No. , A.D. 198 between Special Taxing District hereinafter referred to as the "District", and the of Volunteer Fire Department or Volunteer Fire Department and Ambulance Corps (whatever the case may be), hereinafter referred to as the "Department", WITNESSETH: ~{EREAS, the various special taxing districts have been further organized into departments as a non-profit incorporation for the purpose of providing fire protection and rescue facilities to the people and the property of the same in Honroe County, and WHEREAS, such fire protection and rescue protection is for the furtherance of the common good of 11onroe County, and ~IEREAS, the Department aforesaid and the Special Taxing Dis- trict No. , through the Board of County Commissioners of Honroe County, Florida, as the governing body, have agreed and pro- vided by ordinance for the various departments to reimburse its volunteer personnel and chiefs from funds strictly within the budget of the various special taxing districts, and WHEREAS, the various firefighters and ambulance personnel in the respective special taxing districts are available and are on constant alert as firefighters and volunteers in various lifesaving activities, and WHEREAS, these parties now desire to formally agree for the reimbursement of volunteers for expenses relating to said services and the various volunteer departments do agree thereto, now, therefore, BE IT UNDERSTOOD that in consideration of the covenants agreed to herein and other good and valuable considerations, the parties hereto do agree as follows: 1. That the various special taxing districts shall utilize the services of the volunteers both as firefighters and for rescue purposes and that for said services a reimbursement to said volun- teers shall be in the sum of $35.00 per month with it being understood -2- that the various chiefs of the special taxing districts shall be reimbursed in the sum of $200.00 per month for their expenses herein with a maximum of 400 volunteers and chiefs who shall be reimbursed under this agreement. 2. That insofar as the various special taxing districts have in their budget for the fiscal year 1981-82 sums available for the reimbursement provided by this agreement that the same shall be done upon the passage of this ordinance when and if said volun- teers have entered into this agreement. 3. That the Departments that are described herein which are the operating corporations in the various special taxing districts, shall either furnish, or the individual volunteers shall so do, any and all liability insurance as required by law for the operation of private vehicles and shall afford any other liability insurance required and necessary. 4. The special taxing districts and its volunteers do agree to hold the special taxing districts in Monroe County harmless for any and all liabilities arising from any activities or service in which the special taxing districts and the volunteers participate, or otherwise take part in, pursuant to this agreement. That it is understood by the contracting parties and the respective volunteers shall execute such an understanding, that in no wise shall the special taxing district and/or Monroe County be held accountable for any liability of any sort whatsoever occasioned by the act, non-act or doings of each and every volunteer, whether it be in the course of his volunteer efforts or whether or not it is in a private capa- city excluding, however, any insurance coverage afforded by the County. It is further agreed that no further compensation shall be paid to the Departments or its volunteers except as provided for in this agreemen t. 5. The County does hereby affirm that the governing board did approve on the day of , A.D. 198 this agreement and did direct and authorize its presiding officer to enter into said agreement. -3- 6. That the various special taxing districts acting as volunteer fire and/or rescue departments as is set forth in Ordinance No. did affirm that at a duly constituted meeting of the governing board of the same on the day of . A.D. 198 the terms of this agreement was approved and the execution thereof directed. 7. That each contract or agreement entered into by the various special taxing districts and the operating corporations known as Departments shall also be executed by the volunteers prior to the receipt of reimbursement. A signed roster of all volunteers and all chiefs shall be provided for the Finance Department. The signature and agreement of the individuals as prescribed in this section is a condition precedent to the disbursement of any reim- bursements provided for in said agreement. IN WITNESS WHEREOF the parties hereto executed this agreement day of . 1982. the SPECIAL TAXING DISTRICT NO. By Chairman (Seal) Attest: Clerk VOLUNTEER FIRE DEPARTMENT OR VOLUNTEER FIRE DEPARTMENT AND M1BULANCE CORPS (whatever the case may be) By President (Seal) Attest: Secretary S~ . SENDER: Complete ft. 1, 2, 3, o""t , Add your ad ,inthe- "T0""""",,_ on reverse. (CONSULT POSTMASTER FOR FEES) .. The r. wing service is requesled (check one). bow to whom DAd date delivered .................... ---4 w to whom. date. and address of delivery .. ~ RESTRICTED DELIVERY ---t (77ft' reslrU:ted dt:lM'Y J- u chDrged in addition to Ithtirem", recdpl.ju.) ',9'" .. I I I I 5 " i o II !: - TOTAL '--- ................... n"" Nancy KaVanaugh The Capitol, Roan l802G, Tallahassee, Florida 32301 AII11ClE ......... ~ 8ERVICE: EGISrSED D MUllED DCERTlFIED D COlI 9 D EXPRESS MAIL (Alway' obIIIn IIgnature of __ or Ig8Ill) I have received the article described above. D Authorized_' 53 " .J!" 4. 19~2 · , .' 7.....-a.E 1ODEUVER~ 7L ....., M7IALS .,~ - - ~C:) wo-o o-zo c"'~ ~!w ~"C> ~.." 000- ...-" >~~ ~<CI.I. ,,00 ZO- ww ~.. " .' 'J"-- " C-J -..... t;j " \r-.\( .~ III U > a:: III lJl ...J eiil t); 0" 1Lii: lJl-' Ill:! ...~ ell: ...0 lJl o III ... Z ::;) . I u> IIi i ~~Jll lr g ~!Ui ~!I.='5! a! fi:;lu" ~fjirl ~ (fUIi ~. . z a:: ::)0 ...... III a:: ..~'"' . - ,'..-"'-"""." --- I ~ I-< (l) ...-l'<:' U ~ c v . V) (l) ~ .jJ 0 -M v .c: E ~~ . ~ .c: 0.. ...-l III ~ .jJ (l) >< (l) 0 I-< al .jJ , 000 0.. '1:J 0- III ~ (l) ~ .c: 0- (l)Ui .jJ~ -M .c: ~ o o L1'\ 1 o ... o r'l M 0; '0 o U 0.. N '0 C ~ III '1:J 'M I-< o H .; rx, ;; Ui .J i- Ul Q. (l) ~ >< OJ ~ FLORIDA DEPARfMENT OF STATE George FIrestone SecretaiY of State Oct. 6, 19B2 Honorable R. W. White, Clerk Monroe County 500 Whitehead St. Key West, E'L 33040 Dear Mr. White: Pursucmt to the provisions of Section 125.66, Florida Statutes, t:his will acknowledge: 1. Receipt of your letter/s of and certified copy/ies of County Ordinance/s No./s Oct. 1 Monroe 82-lA 82-10 County Ordinance/s 2. Receipt of relative to: (a) which we have numbered (b) which we have numbered 3. il1e have filed this/these Ordinance/s in this office on Oct. 5, 1982. 4 . NK/ mp 'l'he original/duplicate copy/ies showing the filing date is/are being returned for your records. Cordially, ~ ~~~;"~~g FWRIDA-State of the Arts