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.
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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.
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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
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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.
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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
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................... n"" Nancy KaVanaugh
The Capitol, Roan l802G,
Tallahassee, Florida 32301
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(Alway' obIIIn IIgnature of __ or Ig8Ill)
I have received the article described above.
D Authorized_'
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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