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Item C09C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting July 18, 2018 Agenda Item Number: C.9 Agenda Item Summary #4398 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Christine Limbert (305) 292 -3470 No AGENDA ITEM WORDING: Approval to advertise a public hearing to consider an ordinance abolishing the municipal service taxing or benefit unit Districts created for fire protection and ambulance services by Ordinance No. 5 -1977 which are no longer utilized due to the creation of the Lower and Middle Keys Fire and Ambulance District in 1988 and Key Largo Fire Rescue and Emergency Medical Services District in 2005. ITEM BACKGROUND: Ordinance No. 5 -1977 created municipal taxing service or benefit unit districts for the purpose of fire protection and ambulance services (Districts), as amended via Ordinance Nos. 14 -1977, Ordinance 12 -1978, 12 -1978, 7 -1979, 11 -1979, 4 -1981, 50 -1987, 44 -1988 and Ordinance 35 -1996. In 1988, the BOCC adopted Ordinance No 31 -1988, creating the Lower and Middle Keys Fire and Ambulance District and in 2005 the legislature created the Key Largo Fire Rescue and Emergency Medical Services District thereby replacing the Districts. Due to the establishment of the Lower and Middle Keys Fire and Ambulance District in 1988, and the Key Largo Fire Rescue and Emergency Medical Services District, the Districts established by Ordinance No. 5 -1977 are no longer needed for the purpose for which they were established and there are no funds remaining from the taxes collected under the Districts' taxing authority and the fund is no longer utilized and thus should be dissolved. Section 125.01(1)(q), F.S., grants to counties the authority to establish, and to abolish, MSTUs. Staff has recommended for the District to be abolished as the Districts are no longer necessary. There appears to be no assets, no contracts and no funds remaining in the District accounts. While there are no known assets, contracts or funds, a resolution to authorize staff to take all steps to dissolve and close out any accounts will be placed before the Board at the August BOCC meeting for approval to ensure that all matters of the District are properly closed. PREVIOUS RELEVANT BOCC ACTION: In 1977, BOCC adopted Ordinance 5 -1977, creating the District, as amended by: Ordinance No. 14- 1977(amended Ordinance No. 5 -1977 to alter the boundaries of the districts from 9 to 8 districts); Ordinance 012-19 78(am ended Ordinance No. 5 -1977 to revised District 2; include annual levy; and include voting membership in District 2 by the City of Key Colony Beach); Ordinance No. 7 -1979 (amended Ordinance No. 5 -1977 to break out District 1); Ordinance No. 11 -1979 (amended Ordinance No. 5 -1977 to include the City of Layton); Ordinance No. 4 -1981 (amended Ordinance No. 5 -1977 to clarify that Districts provide only for fire and ambulance); Ordinance No. 50 -87 (amended Ordinance No. 5 -1977 to add user fees collected); Ordinance No. 44 -1988 (amended Ordinance No. 5 -1977 to clarify that Districts may perform only fire and ambulance services authorized in Chapter 2); and Ordinance No. 35 -1996 (amended Ordinance No. 5 -1977 to correct descriptions of municipal service benefit units Number 1 -8) June 21, 1988: BOCC adopted Ordinance No. 031 -198, establishing the Lower and Middle Keys Fire and Ambulance District, providing for Ambulance service; and Fire service CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval as requested. DOCUMENTATION: Ordinance abolishing municipal service taxing or benefit units est by Ord 5 -1977 Ordinance 005 -1977 Ordinance 014 -1977 amending 5 1977 Ordinance 012 -1978 Ordinance 007 -1979 amends 5 1977 and 14 1977 to break out District 1 Ordinance 011 -1979 amend 5 1977 to include City of Layton Ordinance 004 -1981 provides only for fire and ambulance Ordinance 035 -1996 District sec 22 21 of Code Ordinance 31 -1988 creating Fire Amb District.pdf (4) Ch 2005 -329 Key Largo Fire Rescue and Emergency Medical Services FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: Tina Boan Christine Limbert Maria Slavik Kathy Peters Board of County Commissioners Completed 07/03/2018 9:27 AM Completed 07/03/2018 10:19 AM Completed 07/03/2018 10:20 AM Completed 07/03/2018 2:09 PM Pending 07/18/2018 9:00 AM ORDINANCE NO. -2018 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ABOLISHING MUNICIPAL SERVICE TAXING OR BENEFIT UNITS CREATED FOR FIRE PROTECTION AND AMBULANCE SERVICES BY ORDINANCE NO. 5- 1977; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County ( "BOCC "), Florida, is authorized by Article VIII of the Florida Constitution and Chapter 125, Florida Statutes, to adopt ordinances not inconsistent with general law; and WHEREAS, Section 125.01(1)(q), Florida Statutes, grants to counties the authority to establish and abolish municipal service taxing units for the provision of numerous municipal services; and WHEREAS, the municipal service taxing or benefits units ( "Districts ") were created by the BOCC via Ordinance No. 5 -1977 for the purpose of providing fire protection, ambulance service, street lighting, and parks and recreation within the territorial limits of said Districts; and WHEREAS, Ordinance No. 5 -1977 was amended by Ordinance No. 4 -1981 to clarify that the municipal service taxing or benefit units were created only for fire protection and ambulance services and, and were also amended via Ordinance No. 14 -1977; Ordinance No. 12- 1978, Ordinance No. 7 -1979, Ordinance No. 11 -1979, Ordinance No 50 -1987, Ordinance No. 44 -1988, and Ordinance No. 35 -1996; and WHEREAS, Ordinance No. 5 -1977 provides for the fire protection and ambulance services to be financed from ad valorem taxes levied and collected within each of the Districts; and WHEREAS, in 1988, the BOCC adopted Ordinance No. 031 -1988, creating the Lower and Middle Keys Fire and Ambulance District and in 2005 the Legislature created the Key Largo Fire Rescue and Emergency Medical Services District via Ch. 2005 -329 both of which were created for the purpose of providing fire and ambulance service and thereby duplicating the purposes of the municipal service taxing or benefit units created under Ordinance No. 5 -1977; and WHEREAS, due to the establishment of the Lower and Middle Keys Fire and Ambulance district in 1988, staff seeks to now abolish the Districts established by Ordinance No. 5 -1977 as those Districts are no longer needed for the purpose for which is was established and have not been utilized since 1988; and WHEREAS, there are no funds remaining from the taxes collected under the Districts' taxing authority and the District's fund is no longer utilized and thus should be dissolved; and WHEREAS, on July 18, 2018, the BOCC authorized staff to advertise the public hearing to consider this ordinance abolishing the Districts; and WHEREAS, in accordance with the dissolution of the District, NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, Florida, as follows: SECTION 1. Ordinance No. 5 -1977 creating the municipal service taxing or benefit Districts for Fire Protection and Ambulance Service, and any other ordinances revising Ordinance No. 5 -1977, including but not limited to Ordinance Nos. 14 -1977, 12 -1978, 7 -1979, 11 -1979, 50 -1987, 44 -1988 and 35 -1996 are hereby repealed, as are any other ordinances inconsistent with this ordinance. SECTION 2. The Board created by Ordinance No. 5 -1977, and as amended subsequently by other ordinances, is hereby dissolved. SECTION 3. There are no funds held on account for the Districts that needs to be disbursed. SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes. , 2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15 day of August, 2018. Mayor David Rice Mayor Pro Tem Sylvia Murphy Commissioner Danny Kolhage Commissioner Heather Carruthers Commissioner George Neugent (SEAL) Attest: KEVIN MADOK, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk in 3 Mayor /Chairperson C.9.b OR I� NANCE NO. ' -1977 AN ORDINANCE PROVIDING FOR THE CREATION AND ESTABLISHMENT OF NINE MUNICIPAL SERVICE TAXING OR BENEFIT DISTRICTS FOR THE UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA; REQUIRING PRIOR TO THE IMPOSITION OF ANY AD VALOREM LEVY IN ANY SUCH DISTRICT AN APPROVING VOTE OF A MAJORITY OF THE FREEHOLD ELECTORS RESIDING WITHIN THE DISTRICT TO BE TAXED OR PRESENTATION OF A PETITION SIGNED BY NO LESS THAN FIFTY -ONE PER CENT OF THE REGISTERED FREEHOLD ELECTORS RESIDING IN SAID DISTRICT; TO PROVIDE FOR A COUNTY GENERAL REVENUE AD VALOREM TAX REDUCTION WITHIN ANY DISTRICT WHICH HAS ELECTED TO LEVY A SPECIAL DISTRICT TAX FOR FIRE PROTECTION, AMBULANCE SERVICE, STREET LIGHTING OR PARKS AND RECREATION TO CORRESPOND WITH SAID SPECIAL TAX LEVY; ESTABLISHING THE TERRITORIAL BOUNDARIES OF EACH DISTRICT; DECLARING THE PURPOSE OF SAID DIS- TRICTS TO BE FOR THE PROVIDING OF FIRE PROTECTION, AMBULANCE SERVICE, STREET LIGHTING AND FOR PARKS AND RECREATION WITHIN THE SAID DISTRICTS FROM FUNDS DERIVED FROM SERVICE CHARGES, SPECIAL ASSESSMENTS, OR AD VALOREM TAXES WITHIN EACH SAID DISTRICT UNDER THE NAMES: DISTRICT 1 THROUGH DISTRICT 9; PROVIDING FOR GOVERNMENT AND ADMINISTRATION OF SAID DISTRICTS; DEFINING THE POWERS AND PURPOSES OF SAID DISTRICTS AND GOVERNING BOARD THEREOF; AUTHORIZING AND EMPOWERING THE BOARD OF GOVERNORS OF SAID DISTRICTS TO ACQUIRE BY GIFT OR PURCHASE SUCH FIRE PROTECTION, AMBULANCE, STREET LIGHTING, PARK AND RECREATIONAL EQUIPMENT AND EMPLOY SUCH PERSONNEL AS MAY BE DETERMINED BY THE BOARD OF GOVERNORS, REASONABLY NECESSARY TO PROVIDE FIRE PROTEC- TION, AMBULANCE, STREET LIGHTING, PARK AND RECREATIONAL SERVICES WITHIN SAID DISTRICTS; AUTHORIZING AND EMPOWER- ING SAID BOARD TO ESTABLISH, CONTRACT FOR, OPERATE AND MAINTAIN WHATEVER FACILITIES WHICH MAY BE REQUIRED TO PROVIDE SAID SERVICES; AUTHORIZING AND EMPOWERING SAID BOARD TO ENTER INTO INTERLOCAL AGREEMENTS WITH OTHER GOVERNMENTAL BODIES AND DISTRICTS IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 163; AUTHORIZING AND PROVIDING FOR THE LEVYING AND COLLECTION OF AD VALOREM TAXES WITHOUT REFERENDUM FOR THE OPERATION OF SAID DISTRICTS; AUTHORIZING AND EMPOWERING SAID BOARD TO BORROW MONEY ON NOTE OR NOTES OF SAID DISTRICTS; PROVIDING THAT THE TITLE TO ALL EQUIPMENT AND PROPERTIES OF ALL KINDS HEREAFTER ACQUIRED BY THE DISTRICTS CREATED HEREIN AND THEREAFTER ABOLISHED SHALL BECOME THE PROPERTY OF THE MONROE COUNTY COMMISSION; AUTHORIZING AND PROVIDING GENERALLY THE POWERS AND DUTIES OF THE GOVERNING BOARD OF SAID DISTRICTS HEREIN CREATED; PROVIDING FOR THE ISSUANCE OF TAX CERTIFICATES AND TAX DEED FOR DELIN- QUENT TAXES IN ACCORDANCE WITH THE PROVISIONS OF FLORIDA STATUTE CHAPTER 197; PROVIDING FOR PARTICIPATION IN SAID DISTRICTS BY MUNICIPALITIES; PROVIDING PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF C.9.b 9 Beach (corresponding with Monroe County Property Appraiser's computer number 500L from the Marvin D. Adams Waterway up to 50 N.L.) District 8. From the Northern boundary of the City of North Key Largo Beach up to the Dade County Line (corresponding with Monroe County Property Appraiser's computer number 500 R from the northern boundary of 50 N.L.) District 9. All other properties situated in the unincorporated areas of Monroe County, Florida not included within any of the above delineated eight districts, in- cluding in said District 9 all those properties situated on the mainland of the State of Florida between Dade and Collier Counties. (the same being all those properties situated within computer number 5000 and 500F of the records of the Monroe County Property Appraiser) Section 2. Each district shall be a separate and distinct political entity from the Monroe County Board of County Commissioners and all revenues of each district established hereunder shall be separate and distinct from the general revenues of Monroe County, Florida and shall be separate and distinct from each other municipal service and /or benefit district and each district's revenues shall be carried as a supplement to the Monroe County General Revenue Funds and the end of the year surpluses of each district's revenues, if any, shall be carried over in that district's budget from fiscal year to fiscal year. Section 3. At any time after this Ordinance becomes law, any or all of the incorporated municipalities in Monroe County may, by Interlocal Agreement, duly and regularly adopted by its respec- tive governing body, elect to participate in the municipal service taxing or benefit units created hereby. 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, El -3- MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Upon this Ordinance becoming a Law, all of the unincorporated lands in the County of Monroe, State of Florida, shall become and be incorporated into nine (9) municipal service taxing or benefit units, as authorized by Florida Statute Chapter 125, as amended by Chapter 75 -63, Laws of Florida, for the purpose of providing fire protection, ambulance service, street lighting, and parks and recreation within the territorial limits of each district financed from ad valorem taxes levied and collected within each said district only, each of which shall be a public corporation to be known as and having the following territorial boundaries: District 1. Located between Cow Key Channel and the Seven Mile Bridge (said lands corresponding with Monroe County Property Appraiser computer code number 100H less 10 KW) District 2. Seven Mile Bridge north to Tom's Harbor Cut (corresponding with Monroe County Property Appraiser computer code number 500 M less 50 K.C.) District 3. From Tom's Harbor Cut north up to and including Craig Key (corresponding to Monroe County Property Appraiser com- puter code number 500 D less 50 LA) District 4. From Craig Key north up to and including Q the Windley Keys (Corresponding with ° Q Monroe County Property Appraiser computer r- ti code number 500 I) District 5. From Snake Creek north through Plantation d Key to Tavernier Creek (corresponding with Monroe County Property Appraiser computer code number 500 P) District 6. From Tavernier Creek north to the Marvin D. Adams Waterway (corresponding with E Monroe County Property Appraiser computer code number 500 K from south to said water- way) District 7. From the Marvin D. Adams Waterway north to the Dade County Line and north to the southern boundary of the City of North Key Largo Beach, including all of the property constituting the Monroe County right -of- ways within said City of North Key Largo lrz C.9.b Florida, hereinafter termed "the Board" or "said Board ". 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 purchase, 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 Ordi- nance; to employ such experts, agencies and employees as said Board may require or deem advisable; to borrow money and to issue negoti- able promissory notes, certificates 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. Section 5. The said Board shall at all times consist of no less than five (5) members, who all shall be County Commissioners of Monroe County, Florida. The said members of the Board shall serve until their respective terms as County Commissioners shall expire or until such time as their successor is appointed. It shall be an essential qualification that the membership of the Board be County Commissioners of Monroe County, Florida. Section 6. As soon as practicable, after this Ordinance becomes a law, the Board of each newly created District shall meet and organize by the election from their Board, a chairman and a vice chairman. The Clerk of the Circuit Court of the Sixteenth ,judicial Circuit of the State of Florida, as ex officio clerk of the Board of County Commissioners of Monroe County, Florida, shall be the ex officio clerk, auditor, recorder of the minutes and El -4- C.9.b accounts and custodian of each District funds. Three (3) members of the Board shall constitute a quorum. A majority of a quorum shall be necessary for the transaction of business. The chairman shall vote all all meetings of said Board. y Section 7. The Board shall not receive compensation for y their service upon said Board. a C Section 8. The books of each District shall be audited X ar by the same officers and in like manner as the books of county y officer. Q The said Board shall have the power and authority to hold, control d and acquire, by gift or purchase, for the use of each District, any a real or personal property and to pay the purchase price in install- . y ments or deferred payments. a Section 9. The Board is hereby authorized and empowered, v m c in order to carry out the purpose of this act, to borrow money a and issue certificates of indebtedness therefor upon such terms IL and at such rates of interest as said Board may deem advisable and y in accordance with the provisions of ARTICLE VII, Section 12 of a the Florida Constitution of 1968 and Florida Statutes 125 and other ° a special and general laws and said certificates of indebtedness may Q Q Q be a charge upon all revenues derived from taxes in that year or r- ti may be made payable from budgetary requirements in due course of 0 law, as said Board may elect. d v c m E Section 10. The funds of each District shall be deposited 0 in the name of the District in a bank authorized to receive deposits E of County funds, which bank shall be designated by a resolution of v a the Board. Such designations of such bank, for deposit of funds d therein, shall be the exercise of due care and diligence on the part of said clerk for the safekeeping of said funds. No funds of District shall be paid or disbursed save and except by warrant, signed by the Chairman of said Board and attested to by the clerk. E615 C.9.b Section 11. No funds of each District shall be used for any purpose other than the administration of the affairs and business of said District, for the construction, care, maintenance, upkeep, operation and purchase of fire protection, ambulance, street lighting, park and recreational equipment for the District as the Board may determine. Section 12. The said Board of each District shall have the power and authority to acquire by gift or purchase and to pay the purchase price for such fire protection, ambulance, street lighting, park and recreational equipment as is deemed reasonably necessary for the providing of municipal services related thereto within each municipal taxing District; and shall have authority to hire fire protection, ambulance, street lighting, park and recreational personnel and to prescribe rules and regulations pertaining thereto so long as the same is not inconsistent with the provisions of general or special law. Section 13. The Board of each District shall have the power and express authorization to enter into Interlocal Agreements with any municipality, political subdivision, agency, or officer of the State of Florida, including but not limited to state government, county, city, school district, single or multipurpose special n ti w district, single or multipurpose public authority; to provide for 0 joint exercise of any power, privilege or authority which said m c District may have in common and which each might exercise separately. UO Section 14. The officers of said Board shall have the duties 00 usually pertaining to, vested in, and incumbent upon, like officers. Q A record shall be kept of all meetings of said Board. The Board may adopt such rules and regulations as it may deem necessary in and about the transaction of its business, and in carrying out the provisions of this act. Section 15. The Board shall, on or before the first day :C� C.9.b of November, make an annual report of its actions and accounting of its funds as of the 30th day of September of each year in a manner and in accordance with the provisions of general and special law as that as is required by the County and shall file said report in the office of the Clerk of the Circuit Court of Monroe County, Florida, whose duty it shall be to receive and file said report and hold and keep the same as a public record. The fiscal year of each District is hereby fixed as commencing on October 1st and ending on September 30th. Section 16. The funds of each District shall be paid out only upon warrant signed by the Chairman of the Board and attested to by the Clerk and having thereto affixed the corporate seal of the District; and no warrant shall be drawn or issued against funds of any District except for a purpose authorized by this act, and no such warrant against funds of any District shall be drawn or issued until after the account or expenditure for which the same is to be given in payment has been ordered and approved by the Board of the municipal taxing district. Section 17. The Board of each municipal service taxing or . benefit unit created hereby is authorized, empowered and directed annua to levy upon all the real and personal taxable property, excluding homesteads, in each District, a sufficient tax to pay the necessary costs for the maintenance, operation and support of the District as authorized by and within the limits fixed for municipal purposes, within each such municipal service taxing unit under the authority of the second sentence of Section 9(b), Article VII of the State Constitution and Florida Statutes 125.01(1)(q). Section 18. The levy by said Board of the taxes authorized by any provision of this Ordinance shall be by resolution of said Board duly entered upon the minutes of tha�Board. Millage shall be set and ad valorem taxes levied thereon in accordance with the ZI dC C.9.b 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 of Monroe County, Florida to order and require the County Property Appraiser of said county to assess and the County Tax Collector of said county to collect the amount of taxes so assessed or levied by the Board of Commissioners of each District upon the taxable property, including homesteads to the extent that taxes may be lawfully levied upon homesteads, in said District at the rate of taxation adopted by said Board of Commissioners of the District for said year and included in the warrant of the Property Assessor and attached to the assess- ment roll of taxes for said year and included in the warrant of the Property Assessor and attached to the assessment roll of taxes for said county each year. The Tax Collector of said county shall collect such tax so levied by said Board in the same manner as other taxes are collected, and shall pay the same over to the Board of the District levied upon 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 said Board and paid out by them as provided in this act. 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 issuance of same for non - payment of delinquent county and ad valorem taxes. Section 19. It is herein and hereby determined and declared that the municipal service taxes herein provided for fire protection, ambulance service, street lighting, parks and recreation are muni- cipal assessments for municipal or peculiar benefits accruing to the properties within each of the nine (9) municipal taxing and /or benefit districts herein created against which properties the said levies are directed to be made. It is also herein and hereby found, determined and declared, that fire protection, ambulance service, El -8- C.9.b street lighting, parks and recreation within districts herein created, are public purposes, and are also County, District and Municipal purposes. Section 20. The Board is authorized to pay from the funds of each District all expenses of the organization of said Board and all expenses necessarily incurred in the formation of each District and all other reasonable and necessary expenses of an attorney in the transaction of the business of the District, and in carrying out and accomplishing the purposes of this act. Section 21. At least once in each year, the Board shall publish once in a newspaper published in Monroe county, Florida a complete detailed statement of all monies received and disbursed by them since the creation of each District, as to the first published statement and since the last published statement as to any other year. Such statements shall also show the several sources from which said funds were received and shall show the balance on hand at the time of the published statement. It shall show a complete statement of the condition of each District. Section 22. When required by the laws of Florida, any obligation issued or incurred by any District shall be approved by the qualified electors. Section 23. Whoever shall wilfully damage any of the property in any District created under this Ordinance shall be punished, as proved in the general law for punishments for malicious injury to property. Section 24. Any clause, sentence, paragrapsh, section, or part of section, of this act which for any reason may be declared invalid, may be eliminated from this act and the remaining portion thereof shall be in force and valid as if such invalid clause, section or part of section had not been incorporated herein. El C.9.b Section 25. It is intended that the provisions of this Ordinance shall be liberally construed for accomplishing the pur- poses provided therefore, or intended to be provided for by this act, and where a strict construction will result in the defeat of the accomplishment of any of the purposes provided for by this Ordinance, and a liberal construction would permit or assist in the accomplish- ment thereof, the liberal construction thereof shall prevail. Section 26. All Ordinances and parts of Ordinances in conflict herewith are herein and hereby repealed. Section 27. This Ordinance may be subsequently amended by the same procedure in its original enactment. Section 28. The within Ordinance is fullauthority for the establishment of District projects. The Board shall have jurisdiction and control over all of each District, including, but not limited to, all fire protection, ambulance service, street lighting, parks and recreation facilities except to the extent otherwise provided in this Ordinance. It shall not be necessary for any District to obtain any license, permit or other authoriza- tion from any Board, Commission or like instrumentality of Monroe County.or any political subdivision therein in order to construct, reconstruct, acquire, extend, repair, improve, maintain or operate any project. Section 29. In the event an Interlocal Agreement is entered into between a District and a municipality, said agreement shall be in compliance with the terms of Chapter 163, Florida Statutes and shall include an express provision as to how said municipality shall pay for its participation in a District which may be either from funds derived from service charges, special assessments or taxes imposed within said municipality by said municipality or from budgetary payments made in the due course of law from said El -10- C.9.b municipality to the District. Section 30. Prior to the imposition of any ad valorem levy in any District created by this Ordinance one of the following prerequisites must be first met. 1. Approval by a majority of electors residing in the District voting in a special referendum election that said District be so taxed... or 2. Presentation to the Board of County Commissioners of a petition signed by no less than fifty -one per cent of the registered electors residing in said District evidencing the fact that it is the will of said electors that said District be so taxed. Said petition must show the name and street address of the elector and the required signatures must be obtained within 60 days after the first circulation of said petition. Section 31. This Ordinance shall take effect upon receipt of the official acknowledgment from the Department of State acknow- ledging receipt of certified copy of this Ordinance and that said Ordinance has been filed in said office. LI -11- C.9.b NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, January 25, 1977, at 7 :00 P.M. at the Plantation Key Sheriff's Substation, Plantation Key, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. - 1977 AN ORDINANCE PROVIDING FOR THE CREATION AND ESTAB- 6 LISHMENT OF NINE MUNICIPAL SERVICE TAXING OR BENEFIT DISTRICTS FOR THE UNINCORPORATED AREA OF MONROE E E COUNTY, FLORIDA; REQUIRING PRIOR TO THE IMPOSITION OF d ANY AD VALOREM LEVY IN ANY SUCH DISTRICT AN APPROVING 3 VOTE OF A MAJORITY OF THE FREEHOLDER ELECTORS RESIDING WITHIN THE DISTRICT TO BE TAXED OR PRESENTATION OF A PETITION SIGNED BY NO LESS THAN FIFTY -ONE PER CENT OF y THE REGISTERED FREEHOLD ELECTORS RESIDING IN SAID o DISTRICT; TO PROVIDE FOR A COUNTY GENERAL REVENUE AD VALOREM TAX REDUCTION WITHIN ANY DISTRICT WHICH v c HAS ELECTED TO LEVY A SPECIAL DISTRICT TAX FOR FIRE PROTECTION, AMBULANCE SERVICE, STREET LIGHTING OR PARKS AND RECREATION TO CORRESPOND WITH SAID SPECIAL O TAX LEVY; ESTABLISHING THE TERRITORIAL BOUNDARIES OF EACH DISTRICT; DECLARING THE PURPOSE OF SAID DISTRICTS TO BE FOR THE PROVIDING OF FIRE PROTECTION, AMBULANCE 0 ar SERVICE, STREET LIGHTING AND FOR PARKS AND RECREATION `-" WITHIN THE SAID DISTRICTS FROM FUNDS DERIVED FROM SERVICE CHARGES, SPECIAL ASSESSMENTS, OR AD VALOREM TAXES WITHIN EACH SAID DISTRICT UNDER THE NAMES: $ DISTRICT 1 THROUGH DISTRICT 9; PROVIDING FOR GOVERNMENT y AND ADMINISTRATION OF SAID DISTRICTS; DEFINING THE o Q POWERS AND PURPOSES OF SAID DISTRICTS AND GOVERNING Q BOARD THEREOF; AUTHORIZING AND EMPOWERING THE BOARD OF GOVERNORS OF SAID DISTRICTS TO ACQUIRE BY GIFT OR ~ ti w PURCHASE SUCH FIRE PROTECTION, AMBULANCE, STREET LIGHTING, PARK AND RECREATIONAL EQUIPMENT AND EMPLOY SUCH PERSONNEL AS MAY BE DETERMINED BY THE BOARD OF d U GOVERNORS., REASONABLY NECESSARY TO PROVIDE FIRE PROTECTION, AMBULANCE, STREET LIGHTING, PARK AND �- RECREATIONAL SERVICES WITHIN SAID DISTRICTS; AUTHORIZING AND EMPOWERING SAID BOARD TO ESTABLISH, CONTRACT FOR, OPERATE AND MAINTAIN WHATEVER FACILITIES WHICH MAY BE E E REQUIRED TO PROVIDE SAID SERVICES; AUTHORIZING AND U EMPOWERING SAID BOARD TO ENTER INTO INTERLOCAL AGREEMENTS WITH OTHER GOVERNMENTAL BODIES AND DISTRICTS IN ACCORDANCE Q WITH FLORIDA STATUTES CHAPTER 163; AUTHORIZING AND PRO- VIDING FOR THE LEVYING AND COLLECTION OF AD VALOREM TAXES WITHOUT REFERENDUM FOR THE OPERATION OF SAID DISTRICTS; AUTHORIZING AND EMPOWERING SAID BOARD TO BORROW MONEY ON NOTE OR NOTES OF SAID DISTRICTS; PROVIDING THAT THE TITLE TO ALL EQUIPMENT AND PROPERTIES OF ALL KINDS HEREAFTER ACQUIRED BY THE DISTRICTS CREATED HEREIN AND F C.9.b THEREAFTER ABOLISHED SHALL BECOME THE PROPERTY OF THE MONROE COUNTY COMMISSION; AUTHORIZING AND PROVIDING GENERALLY THE POWERS AND DUTIES OF THE GOVERNING BOARD OF SAID DISTRICTS HEREIN CREATED; PROVIDING FOR THE ISSUANCE OF TAX CERTIFICATES AND TAX DEEDS FOR DELIN- QUENT TAXES IN ACCORDANCE WITH THE PROVISIONS OF FLORIDA STATUTE CHAPTER 197; PROVIDING FOR PARTICIPATION IN SAID DISTRICTS BY MUNICIPALITIES; PROVIDING PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. DATED at Key West, Florida this 10th day of December, A. D. 1976. RALPH W. WHITE Clerk of the Circuit Court of Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publish: January 10, 1977 El i OF tH E sr F � - A ~Q ED NE Z ' BRUCE A. SMATHERS SECRETARY OF STATE February 21, 1977 ecrP �x or£ ;�iItatr STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 (904) 488 -3918 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 your letter of February 18 and certified copies of Monroe County Ordinances Nos. 77 -4 and 77 -5, which were received and filed in this office on February 21, 1977. Kindest regards. Cordially, BRUCE A. SMATHERS Secretary of State By (Mrsi' Nancy vanau h g Chief, Bureau of Laws NK /mb �i ) b;T C.9.c ORDINANCE NO. 14- 1977 AN EMERGENCY ORDINANCE AMENDING MONROE COUNTY ORDINANCE NO. 5 -1977, THE SAME BEING AN 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 SECTION 1 THEREOF TO CONSOLIDATE AND ALTER THE BOUND- ARIES OF THE NINE DISTRICTS INTO EiGIU DISTRICTS AND INCLUDE WITHIN EACH DISTRICT THE ADDITIONAL AUTHORITY TO LEVY TAXES FOR LAW ENFORCEMENT, BEACH EROSION CONTROL, STREETS, SIDEWALKS, STREET LIGHTING, DRAINAGE AND TRANSPORTATION; BY AMENDING SECTIONS Ll, 12, 19 AND 28 TO ADD THE AUTHORIZATION TO LEVY FOR LAW ENFORCEMENT, BEACH EROSION CONTROL, STREETS, SIDEWALKS, STREET LIGHTING, DRAINAGE AND TRANSPORTATION; BY AMENDING SECTION 30 THEREOF TO PROVIDE FOR LEVY OF AD VALOREM TAXES WITHOUT REFERENDUM TO PROVIDE FOR OPERATIONAL AND MAINTENANCE EXPENSES BUT REQUIRING A REFERENDUM ELECTION OTHERWISE, FOR AN EFFECTIVE DATE. AND PROVIDIL6 WHEREAS the Board of County Commissioners are desirous of conducting a referendum election in the Municipal service districtslying between Snake Creek and the southern boundary of the City of North Key Largo Beach and north thereof to the Dade County Line for the purposes of receiving authorization from the election thereof to levy al valorem taxes necessary to purchase thre: (3) fire trucks and two (2) ambulances needed by the persons residing in said area, and WHEREAS said equipment is urgently needed at this time due to the condition of the present fire fighting equipment and ambulances available for service to the district so that presently a state of emergency exists, and WHEREAS in order to provide for same said ordinance No. 5 -1977 must be first amended so that the question can be placed on the ballot and hopefully approved by those persons effected by the emergency without delay, and C.9.c WHEREAS if said levy be approved the Board may borrow money against the future levy of taxes to immediately finance said equipment purchase, now therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Board of County Commissioners hereby declare that a state of emergency exists warranting the immediate emergency enactment of this ordinance as provided by F.S. 125.66 (3 Section 2. That the non - emergency Ordinance Notice requirements of F.S. 125.66 are hereby waived. Section 3. That Section 1 of Monroe County Ordinance No. 5 -1977 be and the same is hereby amended to read as follows: "Section 1. Upon the Ordinance becoming a law, all of the unincorporated lands in the County of Monroe, State of Florida, shall become and be incorporated into eight (8) municipal service taxing or benefit units, as authorized by Florida Statute Chapter 125, as amended by Chapter 75 -63, Laws of Florida, for the purpose of providing fire protection, ambulance service, law enforcement, beach erosion control, recreation service and facilities, street, sidewalks, street lighting, drainage, and transportation within the territorial limits of each district financed from ad valorem taxes levied and collected within each said district only, each of which shall be a public corporation to be known as and having the following territorial boundaries: District 1. Located between Cow Key Channel and the Seven Mile Bridge (said lands corresponding with Monroe County Property Appraiser com- puter code number 100 H less 10 KW and corresponding with Election Precincts 1, 2, 17, and that part of 18 located south of Little Duck Key) District 2. Little Duck Key north to Banana Boulevard, Valhalla Beach, (Corresponding with Monroe County Property Appraiser's computer code -2- C.9.c -3- number 500 M less 50 KC and less that portion of 500 M lying north of Banana Boulevard,Valhalla Beach to Tom's Harbor Cut and Corresponding with Election Precinct 19 and that portion of 18 lying south of Little Duck Key.) District 3. From Banana B1vd,Valhalla Beach North to Long Key Bridge. (Includes that portion of 500 M lying north' of Banana Blvd., Valhalla Beach and that portion of ; 500 D from Tom's Harbor Cut to the Long Key Bridge. Corresponding with Election Precinct 20.) District 4. From the Long Key Bridge North to Snake Creek. x (Includes that portion of 500 D from Long Key up to and including Craig Key and includes all of 500 I, corresponding with Election Precinct 21.) y District 5. From Snake Creek North to South Bay Harbor Drive and m Lobster Lane. (Corresponding with Monroe County a 2 Property Appraiser's computer code 500 P and that ' portion of 500 K 1 p lying south of South Bay Harbor Dr. E and Lobster Lane also corresponding with Election Precinct 22.) c District 6. From South Bay Harbor Drive and Lobster Lane North to the Southern boundary of the City of North Key y Largo Beach and North to the Dade County Line, including all of the property consisting of the 0 Monroe County right -of -way within the City of North v Key Largo Beach. (Corresponding with Code number 500 F m and that ortion of 500 K lying ying North of South Bay Harbor Drive and Lobster Lane and that portion of o 500 L lying South of the Southern boundary of the City of North Key Largo Beach. Also corresponding with Election Precinct 23 and that portion of 24 lying Sout m of North Key Largo Beach, Florida. y District 7. From the Northern boundary of the City of North Key Largo Beach up to the Dade County Line. (Corresponding a. with 500 R from the northern boundary of 50 N.L. and a the same being a portion of Election Precinct 24 lying north of the northern boundary of the City of North o Key Largo Beach up to the Dade County L Ocean Ree RL District 8. All other properties situated in the unincorporated areas of Monroe County, Florida not included within an ti of the above delineated seven districts, including in P said District 8 all of those properties situated on th mainland of the State of Florida between Dade and Coll °.� -: Counties. (Corresponding with 5000 and 500 F of the d records of the Monroe County Property Appraiser and al E constituting a portion of Election Precinct 24.)" ti w d v c m c c d v -3- C.9.c Section 4. That Section 11, 12, 19, and 28 of Monroe County Ordinance No. 5 -1977 be and the same is hereby amended to read as follows: "Section 11. No funds of each District shall be used for any purpose other than the administration of the affairs and business of said District, for the construction, care, maintenance, upkeep, operation and purchase of fire fighting, ambulance service, law enforcement, beach erosion control, recreation service and facilities, streets, sidewalks, street lighting, drainage or transportation equipment for the District as the Board may determine Section 12. The said Board of each District shall have the power and authority to acquire by gift or purchase and to z ar v pay the purchase price for such fire protection, ambulance service, law enforcement, beach erosion control, recreation service and o d facilities, streets, sidewalks, street lighting, drainage and IL M d transportation equipment as is deemed reasonably necessary for the ) d providing of municipal services related thereto within each M a municipal taxing District, and shall have authority to hire such a personnel or fund such services and prescribe rules and regulations CL pertaining thereto so long as the same is not inconsistent with the ti w LO provisions of general or special law. 0 E Section 19. It is herein and hereby determined and 0 M declared that the municipal service taxes herein provided for fire ti w protection, ambulance service, law enforcement, beach erosion control d v recreation service and facilities, (including parks), streets, m E sidewalks, street lighting, drainage or transportation are municipal c assessments for municipal or peculiar benefits accruing to the ar E v properties with each of the eight (8) municipal taxing and /or benefit Q districts herein created against which properties the said levies are directed to be made. It is also herein and hereby found, determined and declared, that fire protection, ambulance service, -4- C.9.c law enforcement, beach erosion control, recreation service and facilities (including parks), streets, sidewalks, street light- ing, drainage and transportation within the districts herein created, are public purposes, and are also County, District and Municipal purposes. Section 28. The within Ordinance is full authority for the establishment of District projects. The Board shall have jurisdiction and control over all of each District, including, but not limited to, all fire protection, ambulance service, law enforcement, beach erosion control, recreation service and fac- ilities (including parks), streets, sidewalks, street lighting, drainage and transportation facilities to the full extent that said Board may exercise valid jurisdiction therein. It shall not be necessary for any District to obtain any license, permit or other authorization from any Board, Commission or like instrument- ality of Monroe County or any political subdivision therein in order to construct, reconstruct, acquire, extend, repair, improve, maintain or operate any of the abovesaid projects." Section 5. That Section 30 of Monroe County Ordinance No. 5 -1977 be and the same is hereby amended to read as follows: "Section 30. That annually, commencing with fiscal year 1978 -1979 the Board may without referendum election levy ad valorem taxes within each said municipal district for necessary operational and maintenance expenses for fire protection, law enforce ment, ambulance service, beach erosion control, recreation service and fa ^_ilities, streets, sidewalks, street lighting, drainage and transportation. That prior to the imposition of any ad valorem levy in any District created by this Ordinance for expenditures for other than maintenance and operational expenses a referendum election -5- C.9.c must beheld and passed favorably by a majority of those electors voting in said election, as follows: 1. The Board by Resolution shall request that the Supervisor of Elections conduct a referendum election within the territorial boundary of the district or districts effected wherein the question shall be presented to the elector in ballot form. The ballot shall contain the question of whether or not the elector is for or against the levy of ad valorem taxes within the district for the fiscal year or years for which said levy or levies is proposed to be made. Said ballot shall contain the dollar amount and /or millage rate proposed to be levied and shall set forth the particular municipal service or services said levy will be expended for by the Board within the District should the elector approve. 2. The proposed levy shall be deemed to have passed when a majority of those electors so voting in said election shall have voted in favor of the levy or levies described in said ballot. That said proposed levy, if authorized by the electors and thereafter levied by the Board, shall be used only within the District authorizing the levy and shall be used solely for the purposes set forth in said ballot." r ti Section 6. This Ordinance shall take effect when a certified yr w copy has been accepted by the postal authorities of the government of �- c d the United States for special delivery by registered mail to the De- E r ti partment of State of the State of Florida. Enacted September 20, 1977 at Marathon, Monroe County, ar v c Florida. BOARD OF COUNTY COMMISSIONERS en R-. ?;� OF MONROE COUNTY, FLORIDA ' ; a± ..• v, l3i " ATTEST -:.."--:) By; Mayo Chairman of the Board C . N Cle o the Board _2 -e a cls a st � .a. A• } I HEREBY CERTIFY that the above and foregoing is a true 2 and correct copy of the Ordinance as enacted. �> A L'" -A (Seal) Clerk to the Board r y � l y Q F T H E S T,��PO.r. 5 rr rto -R of Matt s STATE OF FLORIDA o THE CAPITOL TALLAHASSEE 32304 OOD WB,`0.J . BR UCE A. SMATHERs MARY L. SINGLETON SECRETARY OF STATE Director, Division of Elections 904/488 -7690 September 26, 1977 Honorable Ralph W. White Clerk of Circuit Court Monroe County Courthouse Key West, Florida 33040 Attention: Dori K. Gates, Deputy Clerk Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of September 22 and certified copy of Monroe County Emergency Ordinance No. 77 -14, which was received and filed in this office on September 26, 1977. Kindest regards. Cordially, (Mrs.) ancy Kavanaugh Chief, Bureau of Laws NK /mb 1977 c5 C? C� g CIRCUIT COURT �`oJ V C.9.d 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 AN 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., 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: 1. . . . . District 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 AFF41WM ON OEM. a 4 G cs.a -2- 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 2 ar e and designated as the Board of County Commissioners of Monroe County, y but may consist of City Commissioners in the case of adoption of a municipal ordinance electing membership in a District. In which case d the governing board shall consist of three (3) County Commissioners c and two (2) City Commissioners; the members to be named by the y respective boards by resolution. Said Board, constituted under the M d Ordinance, shall have all the powers of a body corporate, including v c M c the power-to contract, interlocally, under the provisions of Chapter o d 163, Florida Statutes, or otherwise, and to be contracted with in a. behalf of each District; to sue and to be sued; to adopt and use a y common seal and to alter the same at pleasure; to acquire, to pur- M chase, hold, lease, and convey such real estate and personal property, ° including equipment as said Board may deem proper or expedient to a carry out the purposes of this Ordinance; to employ -such experts, ti w agencies and employees as said Board may require or deem advisable; cv to borrow money and to issue negotiable promissory notes, certifi- m c cates of indebtedness as hereinafter provided; and to generally TO 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." cs.a_ -3- 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." 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 i within each or any of said municipal districts for necessary operationa and maintenance expenses for fire protection, law enforcement, ambulanc service, beach erosion control, recreational service and facilities, streets, sidewalks, street lighting, drainage and transportation. in addition, the Board may without referendum election, 00 ti w levy ad valorem taxes within each or any of said municipal districts N for purchases of items of capital equipment, the cost of which does M . r- not exceed $5000.00 per item. That ,prior to the imposition of any ad valorem levy in any c district created by this Ordinance for expenditures other than for 0 B 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. . . . . " cs.a -4- (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. { NEM a Cr r a; Y that t`:js dng7-rs t has lam/ RN i ,' -ll 100 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 161 'THE sr, m S S MC OQ fY0 TF�4 Jesse J. McCrary, SECRETARY OF STATE October 3, 1978 STATE OF FLOR }PA THE CAPITOL TALLAHASSEE 32304 Jr. David Cardwell Director, Division of Etoctions 9041488 -7690 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 II'1. Receipt of your letter /s of September 25, 1978 and certified copy /ies of Monroe County Ordinance /s No. /s 78 - 2. Receipt of County Ordinance /s relative to 3. Receipt of an original /ls and certified copy /ies of County Ordinance /s No. /s ,-T We have filed this /these Ordinance /s in this office 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, F ( s.) N7nK avanaugh ief, B of La ws NK/ mb 1%) 7, C.9.e ORDINANCE NO. 7 — 1979 AN ORDINANCE AMENDING THE TAXING DIS— TRICT ORDINANCE (ORDINANCE NO. 5 -1977, AS AMENDED) TO DIVIDE DISTRICT NO. 1 INTO FOUR SEPARATE DISTRICTS FOR THE PURPOSE OF PROVIDING FIRE PROTECTION, AMBULANCE SERVICE, STREET LIGHTING AND PARKS AND RECREATION; 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 Ordinance No. 14 - 1977 and No. 12 - 1978 be and the same is hereby amended to read as follows: "Section 1. Upon the Ordinance becoming a law, all of the unincorporated lands in the County of Monroe, State of Florida shall become and be incorporated into eleven (11) municipal service taxing or benefit units, as authorized by Florida Statute Chapter 125, as amended by Chapter 75 -63, Laws of Florida, for the purpose of providing fire protection, ambulance service, law enforcement, e beach erosion control, recreation service and facilities, streets, y sidewalks,, streets, sidewalks, street lighting, drainage, and trans- 3 a portation within the territorial limits of each district financed a from ad valorem taxes levied and collected within each said district ti as only, each of which shall be a public corporation to be known as ro c and having the following territorial boundaries: r - r - as IA Stock Island Municipal Located between Cow Key LO Service District - Channel east to Boca Chica ro Channel; corresponding with d Election Precinct #2. M 1B Big Coppitt Municipal - Located between Boca Chica Service District Channel east to Shark Channel; o a part of Election Precinct ##1. v c 1C Sugarloaf Municipal - Located between Shark Channel c Service Distfict east to Kemp Channel; a part of e 0 Election Precinct #1 and #17. c d r v APPROVED 15y C.9.e -2- ID Big Pine Municipal - Located between Kemp Channel Service,District and the Seven Mile Bridge; a part of Election Precinct #17 and #18. *(Districts 2 through 8 to remain as shown in Monroe County Ordinance #5 -1977 as amended by Ordinance 4 #14 -1977 and #12 -1978) * * of the public shall be furnished; a copy of this ordinance free of charge by the Clerk the Circuit Court upon request) Section 2. This Ordinance shall take effect October 1, 1979 but shall be deemed to have been duly enacted 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. I F€I:R21Y t .TT':'Y t'h t t? s hn b00n Levi --W for RICHARD f a�yr6'3`Jis�. k- A. Go Liiicy Yi` vv :v 155 pOt THE 5�'el, r GEORGE FIRESTONE SECRETARY OF STATE April 30, 1979 rrrrtaxv of Matt STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32.304 Honorable Ralph. W, White Clerk of Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention; Virginia Pinder, Deputy Clerk. Dear Mr. White: BETTY CASTOR Director, Division of Elections 904/48$ -7690 Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: Receipt of your letter /s of April 23, 1979 and certified copy /ies of Monroe County Ordinance /s No. /s 79-7 ... �,. We have filed this /these Ordinance /s in this office April 30, 1979 3. Receipt of an original /s and certified copy /ies of County Ordinance /s No. /s 4. Receipt of County Ordinance /s relative to 15. We have numbered this /these Ordinance /s and was /were filed in this office 1979. 6. The original /duplicate copy /ies showing filing date is /are being returned for your records. Cordially, e7Bueau Kavanaugh Clfief , of Laws NK /M r' 156 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, March 27, 1979 at 2:30 P.M. at the Monroe County Subcourt- house, Marathon, Florida and on Tuesday, April 10, 1979 at 2:30 P.M. at the Monroe County Courthouse Annex, 500 Whitehead Street, Key West, Florida, the Board of County Commissioners of Monroe County, Florida intends to consider the adoption of the following ordinance: ORDINANCE NO. - 1979 AN ORDINANCE AMENDING THE TAXING DISTRICT ORDINANCE (ORDINANCE NO. 5 -1977, AS AMENDED) TO DIVIDE DISTRICT NO. 1 INTO FOUR SEPARATE DISTRICTS FOR THE PURPOSE OF PROVIDING FIRE PROTECTION, AMBULANCE SERVICE, STREET LIGHTING AND PARKS AND RECREATION; PROVIDING AN EFFEC- TIVE DATE. DATED at Key West, Florida this 2nd day of March, A.D. 1979. RALPH W. WHITE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners Publish: March 8, 1979 and April 3, 1979. ........ ...... Y ...,..... 1" ....- •... -.».r. -rte . _ ...._ .. _ -.. ..«:� ......,r. ,,.. OF PUBLICATION Published Daily Key W,9st, Monr County, Florida STATE OF FLORIDA) COUNTY OF MONROE) ss ` Before the undersig, authority personally appeared ........... • . • . •Robwrt ` Lrcl`lnpsr r , , , • .. `... ► ii to on oath says that he is ... , e' • • • • •Ad v�rt is�rr �a er • .... • , .. • .. , of The Rey West Citizen, a daily newspaper p eiT at Rey Wt!! in Monroe County, Florida; that the attached copy of adviartisement, 5eing a Notice of Intention to Consider Adoption of County Ordinance in the matter of Amending Ord 5 -1977 was published in said newspaper L. the issues of Mar 8, 1979 Afftiant further sayet that it a said The Key West Citizen is a newspaper published at 14sy West, in said Monroe County, Florida, and that the said newspaper has her efore been continuously published in said Monroe County, Florida, •ach day (except Saturdays) and has been entered.as second class msi. matter at the post office in Rey West, in said Monroe County, Ffo:ida, for a period of one year next preceeding the first pub] :icatitrs of the attached copy of advertise- ment; and affiant furtb- says t ►at he has neither paid nor promised a n y person, firm or co' oc:ratioz. my discount, rebate, commission or refund for the purpose of secwt-I ng'this advertisement for publication in the said newspaper. L. P •. (S J%j Sworn o nd subscribed Y me this ...... .. (-ore ............... day of ... � Y. kCA ............. A D . 197 3 Packet Pg. 31 ?5$ ORDINANCE NO. 11- 1979 AN ORDINANCE AMENDING THE TAXING DISTRICT ORDINANCE (ORD. NO. 5 -1977, as amended) TO PROVIDE FOR MEMBERSHIP IN DISTRICT BY THE CITY OF LAYTON, 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, be and the same is hereby amended to read as follows: "Section 1. Upon the Ordinance becoming a law, all of the unincorporated lands in the County of Monroe, State of Florida shall become and be incorporated into twelve (12) municipal service taxing or benefit units, as authorized by Florida Statute Chapter 1;25, as amended by Chapter 75 -63, Laws of Florida, for the purpose of providing fire protection, ambulance service, law enforcement, beach erosion control, recreation service and faci- lities, streets, sidewalks, street lighting, drainage, and trans- portation within the territorial limits of each district financed from ad valorem taxes levied and collected within each said district only, each of which shall be a public corporation to be known as and having the following territorial boundaries: * *(Districts 1A, LB, 1C, 1D, 2, 3, 5, 6, 7 and 8 to remain as shown after enactment of Ordinance No. 7- 1979.) 4A long Key Municipal Service Located from Long Key Bridge District - north up to Craig Key inclu- ding the City of Layton, Florida. 4B Islamorada Municipal Service Located from and including District - Craig Key north to Snake Creek." Section 2. That Section 19 of Monroe County Ordinance No. 5 - 1977, as amended, be and the same is hereby amended as follows: (Change) eight (8) municipal taxing and /or benefit districts. . , to read: "twelve (12) municipal taxing and /or benefit districts. . ." APPROVED ON_, — r BOOK -- - - -- 110 C.9.f IWM Section 3. 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. 7 "p s ,s approval p Asst County AtttWool G 1�y C.9.f NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, June 5, 1979 at 2:30 o'clock P.M. at the Plantation Key Sheriff's Substation, Plantation Key, Florida, the BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA intends to consider the adoption of the following ordinance entitled as follows: ORDINANCE NO. 11-- 1979 AN ORDINANCE AMENDING THE TAXING DISTRICT ORDINANCE (ORD. NO. 5- -1977, as amended) TO PROVIDE FOR MEMBERSHIP IN DISTRICT BY THE CITY OF LAYTON, FLORIDA; PROVIDING AN EFFEC- TIVE DATE. DATED at Key West, Florida this 11th day of May, A.D. 1979. RALPH W. WHITE Clerk of the Circuit Court of the 16th Judicial Circuit and ex officio Clerk to the Board of County Commissioners Publish: May 17, 1979 c d v 1 ZZ O` t�+E Srfr �r • y a�ll� � GEORGE FIRESTONE SECRETARY OF STATE June 18, 1979 rrn tarRJ of Mat STATE OF FI<ORIDA THE CAPITOL TALLAHASSEE 32304 Honorable Ralph W. White Clerk of Circuit Court 14onroe County 500 Whitehead Street Key west, Florida 33040 Attention: Virginia Pinder, Deputy Clerk Dear Mr White: BETTY CASTOR Director, Division of Elections 904/488 -7690 •.Pui to the provisions of Section 125.66, Florida Statutes, this will acknowledge.: V Receipt of your letter /s of June 13, 1979 and certifierl copy /ies of Monroe County Ordinaiice /s No. /s _79 -10., 7 9 - 1 1 ry _..7.9- --•.�? - �. We have filed this /these Ordinance /s in this office June 15, 1979 ,3. Receipt of an original /s and certified copy /ies of County Ordinance /s No. /s r1. Receipt of County Ordinance /s relative to 5. We have numbered this /these Ordinance /s and was /were filed in this office 1979. 6. The original /duplicate copy /ies showing filing date is /are being returned for your records. Cordially, 7iiei�, a•ug of Law NIi/ � 1 'l 3 NOTICE -OF PUBLIC HEARING NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, June 5, 1979 at 2:30 o'clock P.M. at the Plantation Key Sheriff's Substation, Plantation Key, Florida, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA intends to consider the adoption of the following or dinance entitled as follows: ORDINANCE N0. 12 - 1979 AN ORDINANCE AMENDING THE MONROE COUNTY y FLOOD HAZARD ORDINANCE TO PROVIDE THAT a c IN ALL CASES WHERE DEED RESTRICTIONS OF a RECORD AUTHORIZE THE FIRST FLOOR OF w BUILDINGS TO BE AT A HEIGHT WHICH IS y LOWER THAN THE BUILDING HEIGHT REQUIRED BY THE FLOOD ORDINANCE; THE FIRST FLOOR a d ELEVATION REQUIRED BY THE FLOOD ORDINANCE v SHALL BECOME THE MAXIMUM ELEVATION PgBMIS- SIBLE FOR THE FIRST FLOOR OF ALL STRUCTURES IN SAID RESIDENTIAL SUBDIVISIONS; PROVIDING a 0 AN EFFECTIVE DATE. a DATED at Key West, Florida this 14th day of May, A.D. 1979. a ar A RALPH W. WHITE Clerk of the Circuit Court a of the 16th Judicial Circuit o and ex officio Clerk to the Board of County Commissioners o CL CL Q Publish;: May 17, 1979. x'1..5 . . STATE OF FLORIDA ._ THE CARITOL }2 TALLAHASSEE 32304 M GEORGE FIRESTONE BETTY CASTOR SECRETARY OF STATE Director, Division Of Elections = 904/488 -7690 June 18, 1979 Honorable Ralph W. White Clerk of Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 CL L Attention: Virginia Pinder, Deputy Clerk Dear Mr. White: 'Pu'rsuant to the provisions of Section 125.66, Florida g .Statutes, this will acknowledge,: Receipt of your letter /s of June 13, 1979 and certified ca pY / ies of I4onroe C CL CL County Ordinances No. /s 79-10 79-11, 79-12 0 We have filed this /these Ordinance /s in this office June 15, 1979 0 3. Receipt of an on p ginal /s and certified copy /ies of County Ordinance /s No. /s u 4. Receipt of p County Ordinance /s relative to 5. We have numbered this /these Ordinance /s and was /were filed in this office 1979. 6. The original /duplicate copy /ies showing filing date is /are being returned for your records. NK/ mb Cordially, (Mr ) Nan rxavanau- C ief, Bu eau of Law �1V C.9.g ORDINANCE NO. 4 -1981 AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA, PROVIDING THAT THE CODE OF ORDINANCES, COUNTY OF MONROE, FLORIDA, BE AMENDED BY REVISING SECTION 2 -235 OF ARTICLE V OF SAID CODE; PRO- VIDING THAT THE MUNICIPAL SERVICE TAXING OR BENEFIT DISTRICTS ARE ONLY FOR THE PURPOSE OF PROVIDING FIRE PROTECTION AND AMBULANCE SER- VICE; REPEALING ALL ORDINANCES OR PARTS OF OR- DINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SAID CONFLICT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. that Section 2 -23S of ARTICLE V of the Code of Ordinances of the County of Monroe, be amended so that such section shall read as follows: "Sec. 2 -235. Incorporation; boundaries. Upon this article becoming a law, all of the un- incorporated lands in the county shall become and be incorporated into twelve (12) municipal service taxing or benefit units, as authorized by Florida Statutes Chapter 125, as amended by Chapter 75 -63, Laws of Florida, for the purpose of providing fire protection and ambulance service within the territorial limits of each district financed from ad valorem taxes levied and collected within each said district only, each of which shall be a public corporation to be known as and having the following territorial boundaries: (1a) Stock Island Municipal Service District Located between Cow Key Channel east to Boca Chica Channel; a part of Election Precinct 2. (lb) Big Coppitt Municipal Service District Located between Boca Chica Channel east to Shark Channel; a part of Election Precinct 1. (lc) Sugarloaf Municipal Service District Located between Shark Channel east to Kemp Channel; a part of Election Precincts 1 and 17. Page 1 of 4 Pages C.9.g (ld) Big Pine Municipal Service District. Located be tween Kemp Channel and the Seven Mile Bridge; a part of Election Precincts 17 and 18. (2) District 2 . Little Duck Key north to Banana Boulevard, Valhalla Beach and the City of Key Colony Beach, Florida. (Corresponding with Monroe County Property Appraiser's computer code number 50 KC and 500 M less that portion lying north of Banana Boulevard, Valhalla Beach to Tom's Harbor Cut and further corresponding with Election Pre- cinct 19, 19A and that portion of Precinct 18 from and including Little Duck Key north to Precinct 19.) (3) District 3 . From Banana Boulevard, Valhalla Beach north to Long Key Bridge. (Includes that portion of 500 M lying north of Banana Boulevard, Valhalla Beach and that portion of 500 D from Tom's Harbor Cut to the Long Key Bridge corre- sponding with Election Precinct 20.) (4) District 4 . From the Long Key Bridge north to Snake Creek. (Includes that portion of 500 D from Long Key up to and including Craig Key and includes all of 500 I, corresponding with Elec- tion Precinct 21.) (4a) Long Key Municipal Service District Located from Long Key Bridge north up to Craig Key, in- cluding the City of Layton, Florida. (4b) Islamorada Municipal Service District Located from and including Craig Key north to Snake Creek. (5) District 5 . From Snake Creek north to South Bay Harbor Drive and Lobster Lane. (Corresponding with Monroe County Property Appraiser's computer code 500 P and that portion of 500 K lying south Page 2 of 4 Pages C.9.g of South Bay Harbor Drive and Lobster Lane also corresponding with Election Precinct 22.) (6) District 6 . From South Bay Harbor Drive and Lobster Lane north to the southern boundary of the City of North Key Largo Beach and north to the Dade County Line, including all of the prop- erty consisting of the Monroe County right -of -way, within the City of North Key Largo Beach. (Corre- sponding with Code number 500 P, and that portion of 500 K lying north of South Bay Harbor Drive and Lobster Lane and that portion of 500 L lying south of the southern boundary of the City of North Key Largo Beach. Also corresponding with Election Precinct 23 and that portion of 24 lying south of North Key Largo Beach, Florida.) (7) District 7 . From the northern boundary of the City of North Key Largo Beach up to the Dade County Line. (Corresponding with 500 R from the northern boundary of 50 N.L. and the same being a portion of Election Precinct 24 lying north of the northern boundary of the City of North Key Largo Beach up to the Dade County line.) Ocean Reef. (8) District 8 . All other properties situated in the unincorporated areas of Monroe County, Florida, not included within any of the above delineated seven districts, including in said District 8 all of those properties situated on the main- land of the State of Florida between Dade and Collier Counties. (Corresponding with 5000 and 500 F of the records of the Monroe County Prop- erty Appraiser and also constituting a portion of Election Precinct 24.)" ` Page 3 of 4 Pages C.9.g Section 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said con- flict. Section 3. If any section, subsection, paragraph, clause, sentence, phrase, or portion of this ordinance is for any reason found invalid, unlawful, or unconstitutional by any court of com- petent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portion thereof. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of Monroe County, Florida, as an addition or amendment thereto, and shall be appropriately re- numbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect upon receipt of the official acknowledgment from the Department of State acknowledg- ing receipt of certified copy of this ordinance and that said ordi- nance has been filed in said office. BOARD OF COUNTY COMMISSIONERS OF MONROE Y, FLORI ,� By Chairman (Seal) Attest: erk ADOPTED: Mar 24, 1981 FILED WITH DEPARTMENT OF STATE: EFFECTIVE: APPMNWAS 70 MW a .� Page 4 of 4 Pages C.9.g NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, March 10, 1981, at 10:30 A.M. at Courtroom "B ", Monroe County Courthouse Annex, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. - 1981 AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA PROVIDING THAT THE CODE OR ORDINANCES, COUNTY OF MONROE, FLORIDA, BE AMENDED BY REVISING SECTION 2 -235 OF ARTICLE V OF SAID CODE; PRO- VIDING THAT THE MUNICIPAL SERVICE TAXING OR BENEFIT DISTRICTS ARE ONLY FOR THE PURPOSE OF PROVIDING FIRE PROTECTION AND AMBULANCE SERVICE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SAID CONFLICT; PROVIDING AN EFFECTIVE. DATE. DATED at Key West, Florida, this 3rd day of February, 1981. (SEAL) RALPH W. WHITE Clerk of the Circuit Court of Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publish: Monday, February 9, 1981 Please send statement to Please mail proof of publication to: Board of County Commissioners Post Office Box 1680 Key West, Florida 33040 Michael H. Cates, Esq. County Attorney 505 Whitehead Street Key West, Florida 33040 C.9.g PROOF OF P *�ICATION U0741P 11*11 West Iftett Published Daily Key West, Monroe County, Florida STATE OF FLORIDA) COUN'''TY OF MONROE) s s . Before the undersigned authority personally appeared .. M... A,.. JIMOPOZ ................. who on oath says that he is Publisher, . ...... of the Key West Citizen, a wily newspaper published at Key West in Monroe county, Florida; that the attached copy of advertisement, being a, in the matter of Notice of Intention to Consider Adoption was published in said ssues of Jan 12, 1981 Affiant further says wt, The Key West Citizen is a W co 1P).84n',sP Per published at Ke ^'��R1 Monroe count Florida . iaMi Y, and that the said newspape n nerezufore been continuously published in oyid Monroe County, Florida, each day (except Saturdays) and i;a,i been entered as second class mail matter at the post office in Key '.•Test, in said Monroe County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that he ha: neither paid nor promisee any person, firm or corporation any discount, rebate, commission ,_w refund for the purpose of securing this advertisement for publication in the said newspaper. r (SEAL) Sworn to an ubscribed before me this................. day of........ L2t 4 �...,A.D. 1981 ............... + � Pa+ d was published in said ssues of Jan 12, 1981 Affiant further says wt, The Key West Citizen is a W co 1P).84n',sP Per published at Ke ^'��R1 Monroe count Florida . iaMi Y, and that the said newspape n nerezufore been continuously published in oyid Monroe County, Florida, each day (except Saturdays) and i;a,i been entered as second class mail matter at the post office in Key '.•Test, in said Monroe County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that he ha: neither paid nor promisee any person, firm or corporation any discount, rebate, commission ,_w refund for the purpose of securing this advertisement for publication in the said newspaper. r (SEAL) Sworn to an ubscribed before me this................. day of........ L2t 4 �...,A.D. 1981 ............... + � Pa+ Of THE S114T �O P .n u h CO E IV" R FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State April 6, 1981 Honorable Ralph W. White Clerk of Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Virginia M. Pinder, Deputy Clerk. Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: .//f' Receipt of your letter /s of and certified copy /ies of County Ordinance /s No. /s 2. County Ordinance /s which we have numbered (b) which we have numbered 3. We have filed this /these /s in this office April 3, 1981 4. The original /duplicate copy /ies showing the filing date is /are being returned for your records. Cordially, ��A 7 vanaugh Nanc Ka Bu au of Laws NK /mb FLORIDA -State of the Arts The Capitol • Tallahassee, Florida 32301 • (904) 488 -3680 r pa April 1, 1981 Mran.reQ 81 -4 Receipt of relative to: (a) County Attorney ORDINANCE NO. 035 -1996 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 2 -235, MONROE COUNTY CODE, IN ORDER TO CORRECT THE DESCRIPTIONS OF MUNICIPAL SERVICE BENEFIT UNITS NUMBERS 1 - 8 BY REMOVING REFERENCES TO OUTDATED PRECINCT NUMBERS AND PROPERTY APPRAISER COMPUTER CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION .ONTO THE MONROE COUNTY CODE OF ORDINANCES, AND PROVIDINCsi F4R AW i= EFFECTIVE DATE. M BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSION6 :.OF NQ NRC�' COUNTY, FLORIDA, THAT: N C Section 1. Section 2 -235 (1 A) - (8), Monroe County Code, is amended ro reach' (1 a) Stock island Municipal Service District. Located between Cow Key Channel east to Boca Chica Channel,- gpa, of €lo^+,,. D.e t , GRGI (1 b) Big Coppitt Municipal Service District. Located between Boca Chica Channel east to Shark Channel;, G Port of E'eGtiOR P f 12 (1 c) Sugarloaf Municipal Service District. Located between Shark L Channel east to Kemp Channel,, G paFt of E! eG ti GR D t 12 , G I il f (1 d) Big Pine Municipal Service District.* Located between Kemp Channel and the Seven Mile Bridge,, PFeG;RGtS 14 GRGI 15 G I F 4 f E! o a 16 (2) District 2.• Little Duck Key north to Banana Boulevard, Valhalla Beach and the City of Key Colony Beach, Florida. (GeFFesPGRdiRg With (3) District 3.• From Banana Boulevard, Valhalla Beach north to Long Key Bridge. (4) District 4.• From the Long Key Bridge north to Snake Creek. (4a) Long Key Municipal Service District. Located from Long Key Bridge north up to Craig Key, including the City of Layton, Florida. (4b) ls/amorada Municipal Service District. Located from and including Craig Key north to Snake Creek. (5) District 5: From Snake Creek north to South Bay Harbor Drive and Lobster Lane. (6) District 6: That part of Key Largo from South Bay Harbor Drive and Lobster Lane ^ir^^ °°^ ^h. to the southern boundary of the intersection of the right -of- way County roads 905 and 905A plus Cross Kew (GerFespendiRg With G eFr - esPGRdiRg With Pe fs of €IPEtien PreriRGfs 22 24 and -25 GRGI- eil� E'eGfiGR Pre + 23 (7) District 7 tG the ID r G + r ) n Ree That part of Key Largo north of the boundary of District 6 (8) District 8: All other properties situated in the unincorporated areas of Monroe County, Florida, not included within any of the above delineated seven (7) districts, including in said District 8 all of those properties situated on the mainland of the State of Florida between Dade and Collier Counties., r Flec±i P rec i ; ;c±24.) and including all keys not connected to U.S. 1 Section 2. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. The Clerk of the Board is hereby directed to forward a copy of this Ordinance to Municipal Code Corporation for incorporation into the Monroe County Code of Ordinances. Section 5. 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 filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 17th day of July , 1996. Mayor Freeman Mayor Pro Tem London Commissioner Harvey Commissioner Douglass Commissioner Reich (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Q z J -Q..0 . Deputy Clerk MSDO01 yes yes yes aBs e nt yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor /C irman APPROVED AS TO FORM AND L L SUFFICIENfCY BY ROB RT N. OL DATE - 2 ...:..:..: 3 y cou+ury CU16Gt % Vi } BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289 -6027 FAX (305) 289 -1745 ;Dannp o[ jage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292 -3550 FAX (305) 295 -3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -7145 FAX (305) 852 -7146 July 26, .1996 Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws The Elliott Building 401 South Monroe Street Tallahassee, FL 32399 -0250 Dear Mrs. Cloud: Enclosed please find certified copies of Ordinance Nos. 035 through 043 -1996, which are self- explanatory. = These Ordinances were adopted by the Monroe County Board of County CL Commissioners at a Regular Meeting in formal session on July '17, 1996. Please file for record. Danny L. Kolha e g Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By:'' Isabel C. DeSantis Deputy Clerk r CD cc: Municipal Code Corporation Supervisor of Elections 03 - County Commissioners , 5 1996 Public Works Director, 039 through 043 - 1996 County Administrator Property Appraiser, 03$ 4996 County Attorney Growth Mgmnt. Dir., 036 & 037 -1996 its Council, 038 -1996 File I E i j� Packet Pg. 406 I ru -n m ru cr �mm kl R, iN AN WHOM "M E "'V' 'T' DE L I V ER Y "D"' F)Al� ANL)Z DEI kP� R CE PT A 111 11 1 - / � `� C ER N S CI IFIED FEE � REIURN nnxip r TOTAL AND FEES - I I - _I NO JN SU NOT FO A SU SEN L POSTA TO. R I �..AT..Al "- I e- I I Mrs. Chi 7'Al. i"b/ SO-WO-4 ✓Kegrac S7` 7*', //& .4 a a r. r 4 e / A e 3023 99 — oa PS FORM 3800 RECEIPT I h T 1. 4 1 1 4'1' .i4 its ? 4 visit oul* nOT-epige 2� http."iww, "ws"�GdE, M, 6�11 srdinances to E. UNITED STATES F'OSTAL SEWICE 7 ' eh)L i.,GC } -U h T 1. 4 1 1 4'1' .i4 its ? 4 visit oul* nOT-epige 2� http."iww, "ws"�GdE, M, 6�11 srdinances to E. PROOF OF PUBLICATION . C.9.h r THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA CL C STATE OF FLORIDA ) Z Z COUNTY OF MONROE) Z c Tom Schumaker Before the undersigned authority personally appeared who on oath, says that ha : Z Publi of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper p published at MARATI 1 1, C QP 5 i0pr AogptiQn in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being C C6untv `0gdinaii - IN THE MATTER OF: Amending Section 2 -235 Municipal Service Benefit uni i in ; ; Court was published in said n newspaper in the issue: L L o June 29, July 6, 1996 Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper " " D• e2so2oo at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- C NOTK* OF INTtNT"TO paper has heretofore been continuously published in said MONROE COUN N NO T REBV GIVy!N TO WHOfN IT Y CONCERN t y TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been o that entered as second class mail matter at the post office in MARATHON, In v 10:00 AM at the, Hohdpy Inn Beachside, 3B41 Ntirth Rouse y said MONROE COUNTY, FLORIDA, for a period of one year next preceding C roe County, E S- C the first publication of the attached copy of advertisement; and affiant fur- w Pio s CL ther says that he has neither paid nor promised any person, firm, or corpo- a ER ration any discount, rebate. commission or refund for the purpose of secur- D OF MON Cptflyr F►p(- ing this advertisement for publication in the said newspaper. (SEAL) r C 236, MONRM COUNT JENNIFER NOLAN �` NQTAl1Y i My Comm Exp. 41), (sea vusuo Bonded By Service Ins No. CC5511u7 i1 Paconi KW"M 1)0ilier1, SWORN TO AND SUBSCRIBED BEFORE ME THIS 8th DAY OF Pursusnt io Section, 0106, Florida Statutes, notice is Sheen that if s pereco daeidsid toa�,ea) any decision made by the Bo With respect to any matter con- aidered at such of met- ings, he will need' o= d d1 thq proceedings, and that, for such P ropose, he may ryled to ensure that a.verbatim reOOrd of She DrO- �M County. Fla 1Y iBFf 28 .'July 6, 1996 L A.D. 19 KE)JVEST EN M Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE; Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Advertising Manager of the Key West Citizen; a daily nespaper published at Key West in Monroe County, Florida; that the attached copy of the advertisement, being a legal notice in the matter of ol\r -e cA Inle-inh Cv"^ 0rd atn( in the court, was published in said newspaper in the issues of -f 1- LGoI Affiant further says that the said The Key West Citizen is a newspaper published at Key West, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second -class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has nei- ther paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said news- paper. Signature of Affiant) Sworn to and subscribed before me this f da of 1996 (Signature of Notar/ Public) (Name of %ctar E x p i r e s' NANCY E. CEIER MY COMM(S5!0N d CC 354124 Personallv Knox -,n _ or Produced Identification v. EXPIRES: March s,1998 P cam Thar Notary Public UnderWftrs F F ,,, .. Type of Identification Produced I ,NOTICE Of: INTENTION TO CON- SIDER ADOPTION OF OQUISITY ORDI- NANCE NOTICE 18 H GIVEN TO WHOM MAY CONCERN that on Wednesdky, July 17, 1996, at 10:00 AM at the Holiday Inn Beachside, .3841 North Roosevelt Boulevard, Key West; Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, Intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 2-235, MON- ROE COUNTY CODE, IN ORDER TO CORRECT THE DESCRIPTIONS OF MUNICIPAL SERVICE BENEFIT UNITS NUMBERS 1- 8 BY REMOV- ING REFERENCES TO OUTDATED PRECINCT NUMBERS AND PROP- ERTY APPRAISER COMPUTER CODES; PROVIDING FOR SEVER- ABILITY; PROVIDING FOR THE RE-, PEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PROVID- ING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice Is given that If a per- son decides to appeal any decision made by the Board with respect to any matter considered at the hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings Is made, which record Includes the testimony and evi- dence upon which the appeal Is to be based. Copies of the, above-referenced ordl- nanos are available for review at the various public libraries In Monroe County, Florida. DATED at Key West, Florida, this 21 ift day of June, 1996. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commisiloners of Monroe County, Florida June 23 & 30, 1996 • of 41 "We Irma UPPER KEYS DADNY WOLFF 00ft OV20 *6 YRAN8 Rdteor &t bfther OIOX 1107 • TAVERNIEq, FLA. 33wo (3051362 -3216 FA X 852 -8240 STATEMENT OF PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is EDITOR and PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a LEGAL ADVERTISEMENT IN THE MATTER OF NOTICE OF INTENTION IN THE Court, was published in said newspaper in the issues of 6/27 AND 7/4/96. Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. SEA SWORN TO AND SUBSCRIBED BEFORE ME THIS _8TH DAY OF _ — JULY_ A.D. , 1996__ /1�� NOTARY PUBLIC ,00 0AY P& :N MY COMMISSION W � � "144 of f"' a7� DAVEE R DOVE My CiO nwnm*lon CC431878 Bonded by ANB 8004852 -5878 I A V'Ok M or C* ff 0#MKAN lX NOTICE IS HEREBY GI`O W H . OMIT T MAY CONCERN that on Wednesday, July 17,1996, st 1 Holiday Inn 9eschside, 3841 North Roosevelt Boulevard, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS. OF MONROE COUNTY, FLORIDA, AMENDING SEC- TION 2.233, MONROE COUNTY CODE, IN ORDER TO CORRECT THE DESCRVnONs OF MUNICIPAL SERVICE $ENEFIT UNITS NUMBERS 1 8 BY REMOVING REFERENCES TO OIJ'i'DATED PRECINCT NUMBERS AND PROPERTY APPRAISER COMPUTER CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR RE- PEAL OF ALL ORDINANCES, INCONSISTENT HEREWITH; PRO- VIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearing or meeting, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the protgsdings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copieaof the above - referenced ordinance are ovailible for review at the various public libraries in Monroe County, Florida. . DATED w Key, West: Florida, this 21st day of June, 1996. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published: 6/27 and 7/4!96 The Reporter Tavernier, FL 33070 C.9. Reggie Paros, EMS Director ORDINANCE NO. 031 -1988 AN ORDINANCE DECLARING THAT AN EMERGENCY EXISTS AND WAIVING NOTICE BY A FOUR- FIFTH'S VOTE; CREATING A MUNICIPAL SERVICE TAXING UNIT OR DISTRICT FOR THE PROVISION OF FIRE AND AMBULANCE SERVICE IN THAT PORTION OF MONROE COUNTY EXTENDING FROM THE COW KEY CHANNEL NORTH TO SNAKE CREEK; PROVIDING THAT THE CITIES OF KEY COLONY BEACH AND LAYTON MAY BE INCLUDED WITHIN SAID TAXING UNIT BY PASSING ORDINANCES OF INCLUSION OR THAT SUCH CITIES MAY OBTAIN DISTRICT SERVICES BY ENTERING INTO INTERLOCAL AGREEMENTS WITH THE DISTRICT; PROVIDING FOR A DISTRICT GOVERNING BODY; PROVIDING FOR THE POWERS OF SUCH GOVERNING BODY INCLUDING THE RIGHT TO LEVY AD VALOREM TAXES; PROVIDING FOR THE FINANCIAL MANAGEMENT OF THE BUSINESS OF THE DISTRICT INCLUDING THE USE OF FUNDS, THE FILING OF FINANCIAL REPORTS, AUDITS, THE BORROWING OF FUNDS, AND FISCAL YEAR; PROVIDING FOR REFERENDA WHEN REQUIRED BY GENERAL OR SPECIAL LAW, OR WHEN GENERAL LAW REQUIRES A BOND ELECTION, OR WHEN THE PURCHASE PRICE OF AN ITEM EXCEEDS $5,000; PROVIDING FOR THE HIRING OF PERSONNEL, INDEPENDENT CONTRACTORS, AND THE REIMBURSEMENT OF VOLUNTEERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is desired to create a Lower and Middle Keys municipal service taxing or benefit district for the purpose of providing fire and ambulance service only; and WHEREAS, in order to create such a district for the fiscal year commencing on October 1, 1988, it is necessary that an ordinance be passed by July 1, 1988; and WHEREAS, time is now of the essence in order to create such merged and consolidated districts; 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 - fifths vote. Section 2. Pursuant to the authority granted in Chapter 125, Laws of Florida, and Article 7, Sec. 9(b), Florida Constitu- d tion, and pursuant to the procedure of F.S. 165.041, there is hereby created a municipal service taxing for the purpose of providing the following essential municipal services: a) Ambulance service; and b) Fire service. In carrying out the purposes described in this Ordinance, the y district shall be financed from ad valorem taxes collected solely y within the district. Nothing contained herein shall prevent the X district from charging various fees, as determined by the board of county commissioners, for any service or services rendered to y any specific person or persons, regardless of whether such person v or persons are real or incorporeal. However, when such fees may only be expended by the district for the district purposes set y d c forth in this ordinance. w c Section 3. The district shall be known as the Lower and y Middle Keys Fire And Ambulance district and shall include the 0 d following areas: . r- a) Stock Island Municipal Service District. Located TO 0 between Cow Key Channel east to Boca Chica Channel; a part of a Election Precinct 2. M d y b) Big Coppitt Municipal Service District. Located d between Boca Chica Channel east to Shark Channel; a part of M 0 Election Precinct 1. 0 c) Sugarloaf Municipal Service District. Located between CL Shark Channel east to Kemp Channel; a part of Election Precincts 1 and 17. d) Big Pine Municipal Service District. Located between y Kemp Channel and the Seven Mile Bridge; a part of Election Precincts 17 and 18. d e) Little Duck Key north to Banana Boulevard, Valhalla LL Beach and the City of Key Colony Beach, Florida. (Corresponding 0 with Monroe County Property Appraiser's computer code number 50 KC and 500 M less that portion lying north of Banana Boulevard, Valhalla Beach to Tom's Harbor Cut and further corresponding with d c Election Precinct 19, 19A and that portion of Precinct 18 from and including Little Duck Key north to Precinct 19.) f) From Banana Boulevard, Valhalla Beach north to Long Key Bridge. (Includes that portion of 500 M lying north of Banana Boulevard, Valhalla Beach and that portion of 500 D from Tom's 2 C.9. Harbor Cut to the Long Key Bridge corresponding with Election Precinct 20.) g) From the Long Key Bridge north to Snake Creek. (In- cludes that portion of 500 D from Long Key up to and including Craig Key and includes all of 500 I, corresponding with Election Precinct 21.) h) Long Key Municipal Service District. Located from Long Key Bridge north up to Craig Key, including the City of Layton, Florida. M i) Islamorada Municipal Service District. Located from y c and including Craig Key north to Snake Creek. ' c The inclusion within the district of the two incorporated munic- ipalities described above shall only become effective following ar the occurrence of the condition precedent of Section 13 of this c c Ordinance. a Section 4. Except as provided in Section 13 of this L a Ordinance, the governing body of the district shall be the board d y of county commissioners. d Section 5. The governing body of the district shall have a all the power of a body corporate, including the power to enter 2 CL into interlocal agreements pursuant to chapter 163, Florida Statutes, including interlocal agreements to provide fire and w ambulance service to the cities of Key Colony Beach and Layton; to contract on behalf of the district; to sue and be sued; to y 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 equipment, and except as such transactions may be limited herein, as the governing body may deem proper or expedient to carry out district purposes; to employ such experts, agencies and employees as the governing body may deem advisably; and to borrow money and to issue negotiable promissory notes, certificates of indebtedness as hereinafter provided. In order to carry out the purposes enumerated in 3 section 2 of this Ordinance 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 an 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 applicable general law. 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 VII, sections 10 and 12, Florida Constitu- tion, 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 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 in that fiscal year or may be made payable from budgetary re- quirements in due course of law, as the governing 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 of the safekeeping of said funds. No funds of the district shall be paid or distributed save and d 4 C.9. except by warrant, signed by the chairman of the governing body and attested by the clerk. No warrant shall be drawn or issued against the funds of the district except for the purposes au- , 2 thorized by this article, and no such warrant against the funds y of the district shall be drawn or issued until after the account c X or expenditure for which the same is to be given in payment has been ordered and approved by the governing body. y Section 11. The district funds shall only be expended for .2 the following purposes: a) The administration of the affairs and business of the y c district as authorized by the governing body; w c b) The purchase, construction, care, upkeep, maintenance y and operation of such real and personal property, including fixtures, necessary for carrying out the purposes of the district c as stated in section 2 of this Ordinance as authorized by the o governing body; a c) Compensation for the employees of the district and for :o d y all consultants and other outside experts and staff as authorized t by the governing body; a d) The repayment of all debts lawfully incurred whether a authorized by the terms of this Ordinance or by general or special law. w Section 12. The governing body, when it deems it advis- able, is authorized to acquire by gift or purchase, and to pay y the purchase price for, the services of independent contractors for the purpose of carrying out any of the functions described in 2 LL section 2 of this Ordinance, only limited to the extent that the e 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 v regulations pertaining thereto so long as the same is not incon- sistent with general or special law. Section 13. E a) The cities of Key Colony Beach and Layton shall be included in the Lower and Middle Keys Fire And Ambulance District by passing a city ordinance approving such inclusion by the 1st 5 C.9. of July immediately prior to the commencement of the fiscal year for which the cities wish to be included. Alternatively, the cities may obtain fire and ambulance service from the district by interlocal agreement. However, in the event an interlocal agreement is entered into between the district and a municipal- ity, such agreement shall be in compliance with the terms of Chapter 163, Florida Statutes, and shall include an express provision as to how such municipality shall pay for its par- ticipation in a district which may be either from funds derived from service charges, special assessments or taxes imposed within such municipality by such municipality or from budgetary payments made in the due course of law from such municipality to the district. b) Upon the passage of such an ordinance by one of the cities the governing body of the District shall consist of four members of the board of county commissioners and one member of the governing body of the city; if both cities elect to become part of the district, the governing body of the district shall consist of three members of the board of county commissioners and one member from each of the cities. In either case, the county and city(ies) shall designate their representatives on the district governing body by resolution. If none of the cities choose to be included within the district, the chairman of the board of county commissioners shall be chairman of the district governing body; if any of the cities choose to be included, the chairman shall be elected by the district governing body for a one year term which may be successive. Three members of the district governing body constitute a quorum. A majority of a quorum shall be necessary for the transaction of business. The chairman shall vote at all meetings of the district governing body. Section 14. a) The governing body of the district is authorized and empowered and directed annually to levy upon all the real and personal taxable property in the district, including participat- ing municipalities, a sufficient tax to pay all necessary costs, 6 C.9. of whatever type including capital expenditures, as authorized by this article within the limits fixed for municipal purposes for municipal service taxing units under article VII, section 9(b), Florida Constitution, chapter 125, Florida Statutes, and Florida y Statutes, section 200.071(3). X M b) The levy by the governing body of the taxes authorized a by any provision of this article shall be by resolution of such y 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 y c setting of millage and levy of ad valorem taxes by a county. It c shall be the duty of the county commissioners to order and y a require the county property appraiser to assess, and the county d tax collector to collect, the amount of taxes so assessed or c levied by the board of county commissioners of the district upon o the taxable property in the district at the rate of taxation a adopted by said board of commissioners of the district for such d y year and included in the warrant of the property assessor and attached to the assessment roll of taxes for such year and ° a included in the warrant of the property assessor and attached to 2 CL the assessment roll of taxes for this county each year. The tax collector of the county shall collect such tax so levied by such w board in the same manner as other taxes are collected, and shall pay the same over to the governing body of the district levied y upon 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 0 LL such body and paid out to them as provided in this article. 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 ar v and other general and special law regulating the issuance of same for nonpayment of delinquent county and ad valorem taxes. c) It is herein and hereby determined that the municipal E M service taxes herein provided for those services enumerated in v section 2(2 -388) of this article are municipal assessments for municipal or peculiar benefits accruing to the properties within 7 the district against which properties such levies are directed to be made. It is also herein and hereby found, determined and declared that the services enumerated in section 2 of this y . Ordinance are public purposes and essential municipal services ; under the terms of Florida Statutes, section 125.01(1)(q). X M Section 15. Prior to the purchase of capital equipment 0 the cost of which exceeds $5,000, or prior to the imposition of y an ad valorem levy to be pledged for any form of indebtedness as described in article VII, section 12, Florida Constitution, or when otherwise required by general or special law, a referendum y election must be held and passed favorably by a majority of those c electors voting in the election. The procedure shall be as y 0 follows: ar a) The board of county commissioners, by resolution, shall c request that the supervisor of elections conduct a referendum o election within the territorial boundary of the district. In a addition, the election procedure, including notice and the form d y of the ballot question, shall be in a manner conforming to general law. 0 b) The proposed levy or purchase request shall be deemed 2 to have passed when a majority of the electors voting in the CL CL referendum election shall have voted for the levy or levies w described in the ballot. v The proposed levy, if authorized by the electors and thereafter L y levied by the board of county commissioners, shall only be used for the purposes set forth on the ballot. 0 LL Section 16. The governing body is authorized to pay from the funds of the district all expenses necessarily incurred in v the formation of the district. Section 17. The officers of the district governing body ar v shall have the duties, whether mandated by statute or common law, c 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 article. C.9. Section 18. 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 Judi- cial 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 19. Volunteers of the district shall be entitled to reimbursement of expenses pursuant to Section 2 -260, et sq., Monroe County Code. Section 20. 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 21. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 22 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 23 This Ordinance shall take effect when a copy has been received by the postal authorities of the government of the United States for special delivery by registered mail to the Office of the Secretary of State of the State of Florida that this Ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of W �7 Monroe County, Florida, at a regular meeting of said Board held on the 21st day of June, A.D., 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ay a rman (SEAL) Attest:; l', - T-.TY L. I!: C.Eerk ADOPTED: 4 - .,v/ - 8 9 FILED WITH SECRETARY OF STATE: EFFECTIVE DATE: 4 - 07 47- EC K d APPROVED AS TO FORM a AND LAND LEGAL SUFFICIENCY. B Atrarney',^ O fine LMI 10 y C OUNT r� .......... I* -.. � ?OE court .Fy� �a�np �L.. �oifjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 743 -9036 KEY WEST, FLORIDA 33040 TEL. (305) 852 -9253 TEL. (305) 294 -4641 June 27, 1988 REGISTERED MAIL r RETURN RECEIPT REQUESTED R 3Db �D —� 5 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. 031 -1988 creating a Municipal Service Taxing Unit of District for the provision of fire and ambulance service in that portion of Monroe County extending from the Cow Key Channel north to Snake Creek; etc. This Emergency Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on June 21, 1988. Please file for record. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of ounty Commissioners By: Rosalie L. Co holly Deputy Clerk cc: Municipal Code Corporation Mayor Eugene Lytton Commissioner William Freeman Commissioner Jerry Hernandez, Jr. Commissioner Michael Puto Commissioner John Stormont County Attorney County Administrator Asst. Co. Admin. - Public Safety x+11 e w � . } 0 ■ @B ■ M : 2 �: a - � \ ■ 0 �& r o LU a © k " � � �k § - cc � z 10 � 7 -Do 2 k� �cn 0 CM � 03 � $ 2�� Q 0 kg q k E ■ j q L §O k 2 ' �1I w 2 q I (.'� #� q � E �} ��j \ k / �- a ; aw k _ %# En \ \ ! /) �k § \ � / \ ■� I� § � � A CC 3� $a k o K 2 LU � �§ - - z tea/ f g Q 2 c _�> f � » a§ $ c o C§ CL- m Q H L6 x e x E � � z � cc w 0 0 \ § � a - \ ) k ! § CL W"I FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 1802, The Capitol Tallahassee, Florida 32399 -0250 (904) 488 -8427 June 29, 1988 Honorable Danny L. Kolhage Clerk of Circuit Court - Monroe County 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: 1. Receipt of letter /s of June 27, 1988 and certified copy /ies of Monroe County Ordinance(s) Emergency Ord. No. 88 -31 2. KF Receipt of relative to: (a) (b) which we have numbered which we have numbered We have filed this /t*tss4-- ordinances in this office on June 29, 1988. (3:01 pm) 4. The original /duplicate copy /ies showing the filing date is /are being returned for your records. Sincerely, 8' U" Liz Clou Chief Bureau of Administrative Code County Ordinance(s) LC/ Mb CHAPTER 2005 -329 House Bill No. 1291 An act relating to the Key Largo Fire Rescue and Emergency Medical Services District, Monroe County; creating a special district; provid- ing definitions; providing for creation, status, charter amendments, boundaries, and purposes; providing for a board of commissioners; providing for election and terms of commissioners; providing for employment of district personnel; providing for election of board officers; providing for compensation, oath, and bonds of commission- ers; providing for powers, duties, and responsibilities of the board; providing for ad valorem taxes; providing a cap on the rate of taxa- tion; providing for user charges; providing for impact fees; providing CL for authority to disburse funds; authorizing the board to borrow money; providing for use of district funds; requiring a record of all board meetings; authorizing the board to adopt policies and regula- tions; providing for the board to make an annual budget; requiring an annual report; authorizing the board to enact fire prevention co ordinances; authorizing the district to appoint a fire marshal; autho- rizing the district to conduct inspections, establish and operate fire, rescue, and emergency medical services; providing for district au- thority upon annexation of district lands; providing for dissolution; providing immunity from tort liability for officers, agents, and em- ployees; providing for district expansion; providing for construction and effect; providing for an exclusive charter; requiring a referen- dum; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Definitions. —As used in this act, unless otherwise specified: (1) "Board" means the board of commissioners created pursuant to thi; act and chapter 191, Florida Statutes. (2) "Commissioner" means a member of the board of commissioners o LL and for the district. (3) "District" means the Key Largo Fire Rescue and Emergency Medica. Services District. Section 2. Creation; status; charter amendments; boundaries; district cm purposes. — (1) There is hereby created an independent special fire control district CD incorporating lands in Monroe County described in subsection (2), whicl shall be a public corporation having the powers, duties, obligations, an immunities herein set forth under the name of the Key Largo Fire Rescut and Emergency Medical Services District. The district is organized an' exists for all purposes and shall hold all powers set forth in this act anc chapters 189 and 191, Florida Statutes. 1 CODING: Words 4:ric-&P:A are deletions; words underlined Ch. 2005 -329 LAWS OF FLORIDA Ch. (2) The lands to be included within the district are the following de- scribed lands on the island of Key Largo, in Monroe County, to wit: All of Cross Key and that part of Key Largo from South Bay Harbor Drive and Lobster Lane to the southern boundary of the right -of -way County Roads 905 and 905A. (3) The Key Largo Fire Rescue and Emergency Medical Services Districi is organized and exists for all purposes set forth in this act and chapter 191 Florida Statutes, including, but not limited to, providing fire protection anc firefiahtina services, rescue services, and emergency medical services. Suct emergency medical services shall not be the primary function of the district The district shall have all other powers necessary to carry out these pur poses, including the authority to contract with the Key Largo Volunteer Fir( and Rescue Department, Inc., and the Key Largo Volunteer Ambulanc( Corps, Florida not - for - profit corporations, which corporations currently pro. ries; to purchase all necessary real and personal property; to purchase anc carry standard insurance policies on all such equipment; to em suct personnel as may be necessary to carry out the purpose of said fire district to provide adequate insurance for said employees; to purchase and carry appropriate insurance for the protection of all firefighters and personnel a: well as all equipment and personal property on loan to the district; to sel: surplus real and personal property in the same manner and subject to th( same restrictions as provided for such sales by counties; and to enter int( contracts with qualified service providers to carry out the purposes of th( district. (4) Nothing herein shall prevent the district from cooperating with th( state or other local governments to render such services to communities adjacent to the land described in this section as evidenced by an executec a ,-reement between the cooperating agencies as approved by the board. (5) The district charter may be amended only by special act of the Legis lature. Section 3. Board of commissioners.— Pursuant to chapter 191. Florida Statutes. the business and affair. of the district shall be governed and administered by a board of five commis. sioners, who shall be qualified electors residing within the district and shal be elected by the qualified electors residing within the district, subject to th( provisions of chapters 189 and 191, Florida Statutes, and this act. Eact commissioner shall hold office until his or her successor is elected anc qualified under the provisions of this act. The procedures for conducten£ district elections and for qualification of candidates and electors shall b( pursuant to chapters 189 and 191, Florida Statutes. The members of th( board shall serve on a nonpartisan basis for a term of 4 years each and shal be eligible for reelection. (2) Notwithstanding section 191.005, Florida Statutes, the five member. of the initial board shall be elected by the qualified electors residiniz withir the district at a special election conducted by the Supervisor of Elections a P CODING: Words stamen are deletions; words underlined Ch. 2005 -329 LAWS OF FLORIDA Ch. Monroe County to be held on or before October 4, 2005. At the initial election of the governing board, the candidate receiving the highest number of vote: shall hold seat 1, the candidate receiving the second highest number of vote. shall hold seat 3, the candidate receiving the third highest number of vote: shall hold seat 5, the candidate receiving the fourth highest number of vote. shall hold seat 2, and the candidate receiving the fifth highest number a votes shall hold seat 4. The three elected members for seats 1, 3, and 5 it the initial election under this act shall serve terms of 3 years each. ThE remaining two elected members for seats 2 and 4 in the initial election shal serve terms of 1 year each. (3) Subsequent elections of board members shall coincide with the gen- eral elections of this state. (4) Vacancies in office shall be filled by election, said election to be helc coincidental with the next countywide general election to fill the remaining term of the seat vacated. The board may appoint a qualified elector of the district to act as commissioner until the vacancy is filled by election. A commissioner may be removed from office as provided by chapter 191, Flor ida Statutes, or for anv reason that a state or countv officer may be removed (5) All elections shall be noticed, called, and held pursuant to the provi sions of the general laws of the state. The board shall, to the extent possible coordinate all elections with countywide general or special elections in order to minimize cost. Elections shall be called through the adoption of an appro priate resolution of the district directed to the Board of County Commission ers of Monroe County, the Supervisor of Elections of Monroe County, an other appropriate officers of the county. The district shall reimburse count government for the actual cost of district elections. No commissioner shal be a paid employee of the district while holding said position. (6) The board may employ such personnel as deemed necessary for the proper function and operation of the district. The salaries of district Dersonnel and anv other waL-es shall be deter mined by the board. Section 4. Officers: board compensation: bond. (1) In accordance with chapter 191, Florida Statutes, each elected mem. ber of the board shall assume office 10 days following the member's election Within 60 days after election of new members of said board as herein pro vided, the newly elected members shall organize by electing from them number a chair, vice chair, secretary, and treasurer. However, the samE member may be both secretary and treasurer, in accordance with chapter 191, Florida Statutes. Nothing shall prevent the commissioners from elect. in,- a chair, vice chair, secretary, and treasurer annually. (2) Three members of the board shall constitute a quorum. A quorurr shall be necessary for the transaction of business. (3) The commissioners may receive reimbursement for actual expense: incurred while performing the duties of their offices in accordance witt CODING: Words stamen are deletions; words underlined Ch. 2005 -329 LAWS OF FLORIDA Ch. general law governin ,-per diem for public officials. Each commissioner shall receive from the funds of the district compensation for his or her services it the amount of $200 per month. Members may be reimbursed for travel anc - per diem expense as provided in section 112.061, Florida Statutes. Authori. zation for any additional compensation shall be pursuant to chapter 191 Florida Statutes. (4) Each commissioner upon taking office shall take and subscribe to the oath of office prescribed by s. 5(b), Art. II, of the State Constitution anc general law. Upon takiniz office and in accordance with chapters 189 anc 191. Florida Statutes. each commissioner shall execute to the Governor. foi corporate surety, conditioned upon the faithful performance of the duties a the commissioner's office and upon an accounting for all funds which comE into his or her hands as commissioner. The Dremium for such bonds shal. be paid from district funds. Section 5. Powers; duties; responsibilities.— (1) The district shall have and the board may exercise by majority all the powers and comply with the duties set forth in this act and chapter; 189, 191, and 197, Florida Statutes, including, but not limited to, ad valorem taxation, bond issuance, and other revenue capabilities; budget preparation and approval; liens and foreclosure of liens; contractual agreements; and the adoption of ordinances and resolutions that are necessary to conduct districl business if such ordinances do not conflict with any ordinance of a loca. general- purpose Government within whose _jurisdiction the district is lo. cated. (2) The board shall have the right, power, and authority to levy annually ad valorem taxes against the taxable property within the district to providE funds for the purposes of the district in an amount not to exceed the limit provided in chapter 191, Florida Statues. (3) The methods for assessing and collecting ad valorem taxes, impaci fees, or user charges shall be as set forth in this act and chapter 170, chapter 189, chapter 191, chapter 197, or chapter 200, Florida Statues. (4) The district's planning requirements shall be as set forth in this aci and chapters 189 and 191, Florida Statutes. (5) Requirements for financial disclosure, meeting notices, reporting public records maintenance, and per diem expenses for officers and employ ees shall be as set forth in this act and chapters 112, 119, 189, 191, and 286 Florida Statutes. Section 6. Ad valorem taxes.— The board shall have the authority to levv ad valorem taxes ann a ,-ainst all taxable property within the district to provide funds for the purposes of the district only upon the approval by a majority vote of thosE qualified electors of the district voting in a referendum election authorizing the use of ad valorem taxation not to exceed 1 mill. ...:.:.... CODING: Words stamen are deletions; words underlined Ch. 2005 -329 LAWS OF FLORIDA Ch. (2) A referendum election of the electors of the district to authorize the use of ad valorem taxation not to exceed 1 mill shall be held by the suDervi. sor of elections at the same time as the initial election of district commission ers in accordance with the provisions of general law relating to elections. (3) Upon the approval of a majority of the electors voting at the initia . election or at an election called by the board, the rate of taxation shal thereafter be fixed annually by resolution of the board without further approval by the electors, provided the rate of taxation shall not exceed 1 mill The board shall have the authority to increase the millaae rate above 1 mil only if a majority of the electors voting in a referendum election approve the increased millage rate in an amount not to exceed the limit provided it chapter 191, Florida Statutes. L. CL (4) The levy and collection of ad valorem taxes shall proceed pursuant tc CL general law. Section 7. User charges. —The board shall have the authority to providE ' a reasonable schedule of charges for providiniz the following services: (1) Special emergency services, includiniz firefiahtina occurring in or tc structures outside the district, motor vehicles, marine vessels, or aircraft of ' as a result of the operation of such motor vessels or marine vessels to whict the district is called to render such emergency service. (2) Fighting fires occurring in or at refuse dumps or as a result of ar illegal burn, which fire, dump, or burn is not authorized by General or specia. law, rule, regulation, order, or ordinance and which the district is callec upon to fight or extinguish. (3) Responding to or assisting or mitigating emergences that either threaten or could threaten the health and safety of persons, property, or the environment to which the district has been called, includiniz charge fog responding to false alarms. (4) Inspecting structures, plans, and equipment to determine compliancE with fire safety codes. Section 8. Impact fees. — (1) Pursuant to section 191.009(4), Florida Statutes, it is hereby declark that the cost of new facilities should be borne by new users of the district': services to the extent new construction requires new facilities, but only t< that extent. It is the legislative intent of this section to transfer to the nevi cm users of the district's fire protection and emergency services a fair share a the costs that new users impose on the district for new facilities. This shal only apply in the event that the general - purpose local government in whicY the district is located has not adopted an impact fee for fire services whicr is distributed to the district for construction within its jurisdictional bounda. ries. (2) The impact fees collected by the district pursuant to this section shal . be kept as a separate fund from other revenues of the district and shall bE CODING: Words stamen are deletions; words underlined Ch. 2005 -329 LAWS OF FLORIDA Ch. used exclusively for the acquisition, purchase, or construction of new facili- ties or portions thereof required to provide fire protection and emergency services to new construction. "New facilities" means land, buildings, an capital equipment, including, but not limited to, fire and emergency vehicle: and radio telemetry equipment. The fees shall not be used for the acquisi tion, purchase, or construction of facilities which must be obtained in anA only for permissible new facilities. Section 9. Authority to borrow money.— (1) The board of commissioners shall have the power and authority tc borrow money or issue other evidences of indebtedness for the purpose of the district in accordance with chapters 189 and 191, Florida Statutes, provided however. that the total navments in anv one vear. including nrincinal anc percent of the total annual budgeted revenues of the district. 2) The board of commissioners as a bod or any of the members of the repayment of such loan. Such repayment shall be made out of the receipt: of the district, except as provided in this subsection. The commissioner; shall not create any indebtedness or incur obligations for any sum or amounl which they are unable to repay out of district funds available to them at thal time, except as otherwise provided in this act, provided, however, that the commissioners may make purchases of equipment on an installment basis as necessary if funds are available for the payment of the current installment on such equipment plus the amount due in that year on and indebtedness which may be due that year. Section 10. Use of district funds. —No funds of the district shall be usec for any purposes other than the administration of the affairs and business of the district; the payment of salaries and expenses to commissioners; the construction, care, maintenance, upkeep, operation, and purchase of fire. fighting and rescue equipment or a fire station or emergency medical sta. Largo Volunteer Fire and Rescue Department. Inc.. and the Kev Lark board may from time to time determine to be necessary for the operation; and effectiveness of the district. Section 11. Record of board meetings; authority to adopt rules and reau lations; annual reports; budget.— (1) A record shall be kept of all meetings of the board, and in suct meetings concurrence of a majority of the commissioners present shall bE necessary to any affirmative action by the board. (2) The board shall have the authority to adopt and amend policies anc regulations for the administration of the affairs of the district under the ...:.:.... 6 CODING: Words stamen are deletions; words underlined Ch. 2005 -329 LAWS OF FLORIDA Ch. I C.9.j terms of this act and chapters 189 and 191, Florida Statues, which shall include. but not be limited to. the authority to adopt the necessary rules anc regulations for the administration and supervision of the property and per sonnel of the district; for the prevention of fires, fire control, fire hydran placement, and flow testing in accordance with current NFPA rules; and fog rescue work within the district. (3) The board of commissioners shall have the authority to adopt uniform fire prevention ordinances. Such ordinances shall be si dated, anc recorded with the Clerk of the Court of Monroe County and published a: provided by state law. Ordinances shall be effective after publication, whict constitutes legal notice of same. L. CL (4) The board shall, on or before November 1, make an annual report o CL its actions and accounting of its funds as of September of that year and shah. County, whose duty it shall be to receive and file said report and hold anc keep the same as a public record. (5) For the purposes of carrying into effect this act, the board shall annu. ally prepare, consider, and adopt a district budget pursuant to the applicablE requirements of chapters 189 and 191, Florida Statutes. The board shall, a1 the same time as it makes its annual report. file its estimated budLyet for the revenue to be received by the district and the estimated expenditures to bE incurred by the district in carrying out its operations. The commissioner; shall adopt a fiscal year for said fire district, which shall be October 1 tc September 30. Section 12. Authority to enact fire prevention ordinances and enter land authority to provide fire, rescue, and emergency medical services. (1) The board of commissioners shall have the right and power to enact fire prevention ordinances as provided by general law. When the provision; of such fire prevention ordinances are determined by the board to be vio. lated, the office of the state attorney, upon written notice of such violatior issued by the board, is authorized to prosecute such person or persons helc to be in violation thereof. Any - person found guilty of a violation may bE punished as provided in chapter 775, Florida Statutes, as a misdemeanor a district funds, unless otherwise provided by law. The district shall have the authority to appoint a fire marshal, who may be a member of the Key Largc Fire Rescue Department, to carry out the responsibilities of the district firE marshal. (2) The fire marshal or duly authorized inspector shall be authorized tc enter, at all reasonable hours. anv buildinL- or premises for the Durpose o: authorized to make pursuant to state law and regulation. The owner, lessee manager, or operator of any building or premises shall permit the district fire marshal or duly authorized inspector to enter and inspect the building or premises at all reasonable hours. The fire marshal or duly authorizes CODING: Words stamen are deletions; words underlined Ch. 2005 -329 LAWS OF FLORIDA Ch. (3) The district is authorized to establish and maintain emergency medi cal and rescue response services and acquire and maintain rescue, medical and other emergency equipment, subject to the provisions of chapter 401 Florida Statutes. Section 13. Annexations. —If any municipality or other fire control dis. tract annexes any land included in the district, such annexation shall follo'A the Drocedures set forth in section 171.093. Florida Statutes. Section 14. Dissolution. —The district shall exist until dissolved in the same manner as it was created. Section 15. Immunity from tort liability.— (1) The district and its officers, alzents, and employees shall have the same immunity from tort liability as other agencies and subdivisions of the (2) The district commissioners and all officers, agents, and employees o the district shall have the same immunity and exemption from persona . liability as is provided by chapter 768, Florida Statutes. In which arise within the scope of employment or purposes of the district anc wanton and willful disregard of human rights, safety, or property. Section 16. District expansion. —The corporate limits of the Key Lar (1)(a) A definitely described tract of land lying contiguous to the bounda. ries of the district described in section 1, or as the same may from time tc f tracts lying contiguous to the boundaries of the district, may be included it the district when a written petition for inclusion siLyned by a maiority of the district has been presented to the board of commissioners and the proposa (b) The petition must contain the legal description of the property souahl to be added to the District and the names and addresses of the owners of the property. (2) If a proposal to add an area to the district as defined in subsection (1 is approved by the affirmative vote of no fewer than three members of the ...:.:.... 8 CODING: Words stamen are deletions; words underlined Di P3116.43: MBX T!PG!GMPSJE B Di PI C.9.j board of commissioners at a regular meeting, the board of commissioners shall thereafter adopt a resolution describing the lands to be included withir the district and shall cause such resolution to be dulv enrolled in the recorc of the meeting and a certified copy of the resolution to be recorded in the office of the Clerk of the Circuit Court in Monroe County. (3) Upon adoption of the resolution by the board, the district shall, pursu ant to chapter 191, Florida Statutes, request its legislative delegation tE approve said addition and sponsor legislation amending the district bound. ary. Upon approval by the Legislature, the boundary shall be amended. (4) In lieu of a petition from the property owners, the Board of Count Commissioners of Monroe County by affirmative resolution and the Boarc of Commissioners of the Key Largo Fire Rescue and Emergency Medica. 0. Services District by affirmative resolution may jointly request its legislativE delegation to approve the addition of land lying contiguous to the boundaries of the district and sponsor legislation amending the district boundary. Upor approval by the Legislature, the boundary shall be amended. Section 17. Construction. —This act shall be construed as remedial anc shall be liberally construed to promote the purpose for which it is intended Section 18. Effect. —In the event that any part of this act should be helc void for any reason, such holding shall not affect any other part thereof. Section 19. Exclusive charter. —This act constitutes the exclusive charter of the Key Largo Fire Rescue and Emergency Medical Services District. Section 20. On or before October 4, 2005, the Board of County Commis sioners of Monroe County shall call and the Supervisor of Elections of Mon roe County shall conduct a referendum, to be held in conjunction with special election, of the qualified voters of the Key Largo Fire Rescue anc Emergency Medical Services District on the question of whether the Ke) Largo Fire Rescue and Emergency Medical Services District may levy ac valorem taxation up to 1 mill pursuant to section 6 of this act. Section 21. This act shall take effect upon becoming a law, except that LL the provisions of section 6 which authorize the levy of ad valorem taxatior. shall take effect only upon express approval by a majority vote of thosE qualified electors of the Key Largo Fire Rescue and Emergency Medica. Services District, as required by Section 9 of Article VII of the State Consti tution, voting in the referendum held pursuant to section 20. Such electior shall be held in accordance with the provisions of general law relating tE elections. CM Approved by the Governor June 8, 2005. LO CM Filed in Office Secretary of State June 8, 2005. 9 CODING: Words stamen are deletions; words underlined