The URL can be used to link to this page

Item R1C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tern Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting August 15, 2018 Agenda Item Number: R.1 Agenda Item Summary #4466 BULK ITEM: No DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Christine Limbert (305) 292 -3470 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider adoption of 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 and Approval of a Resolution to authorize staff to dissolve District accounts, property and contracts. 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 7/18/18 (C9) BOCC approved a Public Hearing to be held August 15, 2018 in Key West, Florida at 3:00 P.M. or as soon thereafter as may be heard. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: STAMPED Ordinance abolishing municipal service taxing or benefit units est by Ord 5 -1977 STAMPED Resolution authorizing staff to dissolve the Districts' contracts, property and accounts 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 Proof of Publication Notice of Intention to Consider Adoption of Ordinance abolishing MSTU or BU's for fire protection and ambulance 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 07/24/2018 12:41 PM Completed 07/24/2018 2:05 PM Completed 07/24/2018 2:34 PM Completed 07/25/2018 9:44 AM Pending 08/15/2018 9:00 AM ORDINANCE NO. -2018 AN ORDINANCE OFT BOARD OF COUNTY 0 COMMISSIONERS OF MONROE COUNTY, FLORIDA, ABOLISHING MUNICIPAL SERVICE TAXING OR BENEFIT UNITS CREATED FOR FIRE PROTECTION AND AMBULANCE SERVICES BY ORDINANCE O.5- 1977; PROVIDING FOR THE REPEAL OF ALL 0 ORDINANCES INCONSISTENT HEREWITH; AND go Bill May LVA 02 130411 WHEREAS, the Board of County Commissioners of Monroe County ("BOCC"), Florida, is authorized b 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 11 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 0 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 RTAV�MNN• M I I I I ! X1 F i 1111111111111111111 1 -1 #� V — AE I'Wfhll`� ".' 1 tFe Commissioners ot inonroU 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 • 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 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 th day of August, 2018. Attest: KEVIN MADOK, Clerk MMIM CHRISTINE LIMBERT-13 ASSISTANT OiUNTY ATTORNEY 3 WHEREAS, due to the establishment of the Lower and Middle Keys Fire and u 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 RESOLUTION NO. -2018 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA CONCERNING THE ABOLISHMENT OF MUNICIPAL SERVICE TAXING OR BENEFIT UNITS CREATED FOR FIRE PROTECTION AND AMBULANCE SERVICES BY ORDINANCE NO. 5 -1977 (DISTRICTS); TERMINATION OF ALL CONTRACTS TO WHICH THE DISTRICTS ARE A PARTY; DISTRIBUTION OF SURPLUS PROPERTY BELONGING TO DISTRICTS AND CLOSURE OF ACCOUNT(S) FOR DISTRICTS. WHEREAS, the Board of County Commissioners of Monroe County ( "BOCC "), Florida, in accordance with Article VIII of the Florida Constitution and Chapter 125, Florida Statutes, adopted an ordinance abolishing the municipal service taxing or benefit units created for Fire Protection and Ambulance Services by Ordinance No. 5 -1977 ( "Districts "), and, as amended via Ordinance No. 14 -1977; Ordinance No. 12 -1978, , Ordinance 7 -1979, Ordinance No. 11 -1979, Ordinance No. 4 -1981, Ordinance 50 -1987, Ordinance No. 44 -1988 and Ordinance No. 35 -1996; 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, on July 18, 2018, the BOCC authorized staff to advertise the public hearing to consider an ordinance abolishing the Districts as those are no longer utilized; and WHEREAS, in accordance with the dissolution of the Districts, it is advisable for the County to take steps to dissolve all District accounts; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA as follows: Section One. While the Districts has no known agreements, staff is hereby authorized and directed to terminate any respective agreements in accordance with the termination or cancellation clauses. 1 Section Two. Disposition of Property. While there is no known property, staff is hereby authorized and directed to dispose of any property in accordance with the Monroe County Purchasing Policy and authorizes staff to execute any necessary documentation to disposed, transfer, or sell the property in accordance with the Purchasing Policy. a. Any and all account(s) held for the Districts Florida, at a regular meeting of said Board held on the 15 th 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 La Lei NO 19113 IM03 OKKII a "I I R91 . 1 141 LM CURTI, ASSISTANT ORNEY R.1.c 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 fA . fA rn c d d fA m CL a m E d fA c rn c r Ul 0 m d c m c `o ci x a r- r- rn 0 0 d c m c O c d E r m m Packet Pg. 1957 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, -3 Packet Pg. 1958 R.1.c 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 -2- Packet Pg. 1959 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 the Windley Keys (Corresponding with Monroe County Property Appraiser computer code number 500 I) District 5. From Snake Creek north through Plantation 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 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 -2- Packet Pg. 1959 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 -4- Packet Pg. 196 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. Section 7. The Board shall not receive compensation for their service upon said Board. Section 8. The books of each District shall be audited by the same officers and in like manner as the books of county officer. The said Board shall have the power and authority to hold, control and acquire, by gift or purchase, for the use of each District, any real or personal property and to pay the purchase price in install- ments or deferred payments. Section 9. The Board is hereby authorized and empowered, in order to carry out the purpose of this act, to borrow money and issue certificates of indebtedness therefor upon such terms and at such rates of interest as said Board may deem advisable and in accordance with the provisions of ARTICLE VII, Section 12 of the Florida Constitution of 1968 and Florida Statutes 125 and other special and general laws and said certificates of indebtedness may be a charge upon all revenues derived from taxes in that year or may be made payable from budgetary requirements in due course of law, as said Board may elect. Section 10. The funds of each District 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 Board. Such designations of such bank, for deposit of funds 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. -5 Packet Pg. 1961 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 district, single or multipurpose public authority; to provide for joint exercise of any power, privilege or authority which said District may have in common and which each might exercise separately. Section 14. The officers of said Board shall have the duties usually pertaining to, vested in, and incumbent upon, like officers. 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 -6- Packet Pg. 1962 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 -7 Packet Pg. 1963 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, -g- I Packet Pg. 1964 R.1.c 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. -9- Packet Pg. 1965 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 -10- Packet Pg. 1966 R.1.c 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. rn 0 0 d c m c T L 0 d E t V Q -11- Packet Pg. 1967 R.1.c 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- LISHMENT 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 FREEHOLDER 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 DISTRICTS 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 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 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 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 Packet Pg. 1968 S /2 /d 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 Packet Pg. 1969 i �F tH E sr F � - A ~Q ED NE' BRUCE A. SAIATHERS SECRETARY OF STATE February 21, 1977 ecre�tr of 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 '�§ta#P 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. NK /mb Cordially, BRUCE A. SMATHERS Secretary of State By (Mrs, Nancy K vanaugh Chigf, Bureau of Laws R.1.d 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 threw (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 a) x a rn rn c c d E m rn v 0 d c m c T L 0 c d E r m a Packet Pg. 1971 R.1.d 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 a) x a rn rn c c d E m rn v 0 d c m c L O c d E r m a -2- Packet Pg. 1972 R.1.d -3- Packet Pg. 1973 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. _ (Includes that portion of 500 D from Long Key up to y and including Craig Key and includes all of 500 I, corresponding with Election Precinct 21.) a' District 5. From Snake Creek North to South Bay Harbor Drive and c x Lobster Lane. (Corresponding with Monroe County d Property Appraiser's computer code 500 P and that 2 portion of 500 K lying south of South Bay Harbor Dr. y and Lobster Lane also corresponding with Election a 22.) P recinct C District 6. From South Bay Harbor Drive and Lobster Lane North M to the Southern boundary of the City of North Key Largo Beach and North to the Dade County Line, a y including all of the property consisting of the 'c Monroe County right -of -way within the City of North rn Key Largo Beach. (Corresponding with Code number 500 F r and that ortion of 500 K 1 p lying North of South Bay A Harbor Drive and Lobster Lane and that portion of 500 L lying South of the Southern boundary of the City wo of North Key Largo Beach. Also corresponding with m Election Precinct 23 and that portion of 24 lying Soutc� - of North Key Largo Beach, Florida. `o 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 the same being a portion of Election Precinct 24 lying rn north of the northern boundary of the City of North Key Largo Beach up to the Dade County L ocean Ree District 8. All other properties situated in the unincorporated areas of Monroe County, Florida not included within an E of the above delineated seven districts, including in m said District 8 all of those properties situated on th rn mainland of the State of Florida between Dade and Coll Counties. (Corresponding with 5000 and 500 F of the v� c records of the Monroe County Property Appraiser and al wo constituting a portion of Election Precinct 24.)" m c L 0 d E t V m a -3- Packet Pg. 1973 R.1.d 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 pay the purchase price for such fire protection, ambulance service, law enforcement, beach erosion control, recreation service and facilities, streets, sidewalks, street lighting, drainage and transportation 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 such personnel or fund such services and prescribe rules and regulations pertaining thereto so long as the same is not inconsistent with the provisions of general or special law. Section 19. It is herein and hereby determined and declared that the municipal service taxes herein provided for fire protection, ambulance service, law enforcement, beach erosion control recreation service and facilities, (including parks), streets, sidewalks, street lighting, drainage or transportation are municipal assessments for municipal or peculiar benefits accruing to the properties with each of the eight (8) 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, -4- Packet Pg. 1974 R.1.d 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 L order to construct, reconstruct, acquire, extend, repair, improve, a maintain or operate any of the abovesaid projects." LO Section 5. That Section 30 of Monroe County Ordinance c 'v No. 5 -1977 be and the same is hereby amended to read as follows: d E M "Section 30. That annually, commencing with fiscal year rn 1978 -1979 the Board may without referendum election levy ad valorem 0 d taxes within each said municipal district for necessary operational a c 'v and maintenance expenses for O c fire protection, law enforce E ment, ambulance service, beach erosion control, recreation service Q 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- Packet Pg. 1975 R.1.d 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 ci x thereafter levied by the Board, shall be used only within the Districl rn authorizing the levy and shall be used solely for the purposes set LO 0 forth in said ballot." c c a) Section 6. This Ordinance shall take effect when a certified m copy has been accepted by the postal authorities of the government of v the United States for special delivery by registered mail to the De- d c m partment of State of the State of Florida. 5 O Enacted September 20, 1977 at Marathon, Monroe County, c d Florida. r BOARD OF COUNTY COMMISSIONERS '?'- 1 en 7 ''; i.ry 1, r? ATTEST: o� ti, � �a N Cle o the Board a g •s� OF MONROE COUNTY, FLORIDA Q By: Mayo Chairman of the Board } I HEREBY CERTIFY that the above and foregoing is a true <3' and correct copy of the Ordinance as enacted. (Seal) Clerk to the Board Packet Pg. 1976 y THE gT� � O � 9 ~S OD BRUCE A. SMATHERs SECRETARY OF STATE September 26, 1977 ,;�s.e.erda of �statt STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 Honorable Ralph W. White Clerk of Circuit Court Monroe County Courthouse Key West, Florida 33040 Attention: Dori K. Gates, Deputy Clerk Dear Mr. White: MARY L. SINGLETON Director, Division of Elections 904/488 -7690 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 CIRCUIT COURT R.1.e ORDINANCE NO. 12 - 19 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 rn N O d c m c 'v L O c d E r m AFF41WM ON OEM. ..�__ °r- �-- - --�^�- Packet Pg. 1978 R.1.e -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 and designated as the Board of County Commissioners of Monroe County, but may consist of City Commissioners in the case of adoption of municipal ordinance electing membership in a District. In which case the governing board shall consist of three (3) County Commissioners and two (2) City Commissioners; the members to be named by the respective boards by resolution. Said Board, constituted under the Ordinance, shall have all the powers of a body corporate, including the power-to contract, interlocally, under the provisions of Chapter 163, Florida Statutes, or otherwise, and to be contracted with in behalf of each District; to sue and to be sued; to adopt and use a common seal and to alter the same at pleasure; to acquire, to pur- chase, hold, lease, and convey such real estate and personal property, including equipment as said Board may deem proper or expedient to carry out the purposes of this Ordinance; to employ -such experts, agencies and employees as said Board may require or deem advisable; to borrow money and to issue negotiable promissory notes, certifi- cates of indebtedness as hereinafter provided; and to generally exercise the powers of a public authority organized and existing for the purpose of providing fire protection, ambulance service, street lighting, parks and recreation within the territorial limits of each District. Provided, however, that levies in District 2 shall be for the providing of fire protection and ambulance service only." rn N 0 d c m c O c d E r m a ^ Packet Pg. 1979 -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 within each or any of said municipal districts for necessary operations 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, levy ad valorem taxes within each or any of said municipal districts for purchases of items of capital equipment, the cost of which does not exceed $5000.00 per item. That prior to the imposition of any ad valorem levy in any district created by this Ordinance for expenditures other than for maintenance and operational expenses or for an item of capital expendi- ture which exceeds $5000.00, a referendum election must be held and passes favorably by a majority of those electors voting in said election, as follows. . . . . " CD r- rn N 0 d c m c O c d E r M M a 9 1 1 Packet Pg. 1980 R.1.e -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. Co rn N O d V C C T L 0 d E t V lam/ RN i ,' -ll k G 0 Packet Pg. 1981 R.1.e 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 rn N_ O d V C C L O d E r m a 161 Packet Pg. 1982 p�'tHE SriT *�r P �* � S b ,NQ 4a w8 To R e re # tr of §tate STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 Jesse J. McCrary, Jr. SECRETARY OF STATE October 3, 1978 Honorable Ralph W. White Clerk of Circuit Court Monroe County Courthouse Key West, Florida 33040 Attention: Virginia Pinder, Deputy Clerk Dear Mr. White: David Cardwell Director, Division of Elections 904/488 -7690 Pursuant to the provisions of Section 125.66, Florida Statutes; this will acknowledge; V 11. 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 We have filed this /these Ordinance /s in this office October .3 1978. 5. 0 NK/ mb We have numbered this /these Ordinance /s and was /were filed in this office 1978. The original /duplicate copy /ies showing filing date is /are being returned for your records. Cordially, ( s.) Nan Kavanaugh ief , B eau of Laws ( V7, 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 L x a taxing or benefit units, as authorized by Florida Statute Chapter 125, as amended by Chapter 75 -63, Laws of Florida, for the purpose y 0 of providing fire protection, ambulance service, law enforcement, 'o Y beach erosion control, recreation service and facilities, streets, 0 sidewalks,, streets, sidewalks, street lighting, drainage, and trans - rn portation within the territorial limits of each district financed v c from ad valorem taxes levied and collected within each said district r rn only, each of which shall be a public corporation to be known as LO N and having the following territorial boundaries: M IA Stock Island Municipal Located between Cow Key Service District - Channel east to Boca Chica r Channel; corresponding with °o Election Precinct #2. d c 1B Big Coppitt Municipal m - Located between Boca Chica 'v Service District Channel east to Shark Channel; O a part of Election Precinct ##1. d E 1C Sugarloaf Municipal - Located between Shark Channel Service Distfict east to Kemp Channel; a part of Election Precinct ##1 and #17. a APPROVED Packet Pg. 1984 5 q R.1.f -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. GoLiiicy Yi` vv :v jl Ul 6 S 0 Y M d L 0 Packet Pg. 1985 X55 Ot THE S "1 F GEORGE FIRESTONE SECRETARY Cr STATE April 30, 1979 1 STATE OF' FLOR10A THE CAPITOL TALLAHASSEE 32304 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 904/486 -7690 Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: �1. Receipt of your letter /s of A ril 23 1979 and certified copy /ies of _ Monroe County Ordinance /s No. /s 79,7 2. 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 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, e7Bueau Kavanaugh Chief, of Laws NK/ m 1 56 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 TAKING 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 i.te 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 t me this ...... .. (-ore ............... day of ... � Y. kCA ............. A D . 197 3 Packet Pg. 19 ?5$ R.1.g 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_, � PAOP � a b °�"' Packet P BOOK -- - - -- g. 1989 110 R.1.g 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 d a G c m J w O T U d v O v c O n n N Packet Pg. 1990 1�y R.1.g 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 I I Z I Packet Pg. 1991 OF tai f' Sr, N �•' GEORGE FIRESTONE SECRETARY OF STATE June 18, 1979 '�§rrrdaq of S#at.e STATE OF FLOREDA THE CAPITOL TALLAHASSEE 3a304 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 904/488 -7690 Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge.: �I Receipt of your letter /s of June 13, 1979 and certified copy /ies of Monroe County Ordinaiice /s No. /s __79_10 „9 - 11,79 =1,� 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 rJ. 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, 7an Kavanaug L1 eau of Law mb NK/ 113 R.1.g 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 FLOOD HAZARD ORDINANCE TO PROVIDE THAT IN ALL CASES WHERE DEED RESTRICTIONS OF RECORD AUTHORIZE THE FIRST FLOOR OF BUILDINGS TO BE AT A HEIGHT WHICH IS LOWER THAN THE BUILDING HEIGHT REQUIRED BY THE FLOOD ORDINANCE; THE FIRST FLOOR ELEVATION REQUIRED BY THE FLOOD ORDINANCE SHALL BECOME THE MAXIMUM ELEVATION PHRMIS- SIBLE FOR THE FIRST FLOOR OF ALL STRUCTURES IN SAID RESIDENTIAL SUBDIVISIONS; PROVIDING AN EFFECTIVE DATE. DATED at Key West, Florida this 14th day of May, A.D. 1979, RALPH W. WHITE Clerk of the Circuit Court = a of the 16th Judicial Circuit a and ex officio Clerk to the T Board of County Commissioners J w 0 _T U d O v c O Publish;: May 17, 1979. � rn Packet Pg. 1993 OS SNF ''r�r :- � _ y GEORGE FIRESTONE SECRETARY OF STATE r § rrr he r u of §tate STATE OF FLORIDA THE CAPITOL- TALLAHASSEE 32304 BETTY CASTOR 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 Attention: Virginia Pinder, Deputy Clerk Dear Mr. White .Fu'rsuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge.: Receipt of your letter /s of June 13, 1979 and certified ca pY /ies of Monroe County Ordinances No. /s 7 9-- 107,9,_11 79-12 ZI-2 . 3 rd We have filed this /these Ordinance /s in this office June 1 5, 1979 Receipt of an original /s and certified copy /ies of County Ordinance /s No. /s Receipt of relative to County Ordinance /s S. We have numbered this /these Ordinance /s and was /were filed in this office 19797 6. The original /duplicate copy /ies showing filing date is /are being returned for your records. Cordially, (Mr an Kavanaug u eau of Law NK/ mb V Packet Pg. 1994 R.1.h 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 Packet Pg. 1995 R.1.h (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 Packet Pg. 1996 R.1.h 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 Packet Pg. 1997 R.7.h 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 v d N and incorporated in the Code of Ordinances of Monroe County, Florida, ° as an addition or amendment thereto, and shall be appropriately re- c t N numbered to conform to the uniform numbering system of the Code. a m Section 5. This ordinance shall take effect upon receipt of c the official acknowledgment from the Department of State acknowledg- ° c L ing receipt of certified copy of this ordinance and that said ordi- ° d L nance has been filed in said office. _ a BOARD OF COUNTY COMMISSIONERS OF ° MONROE Y, FLORI BY v Chairman m d (Seal) w L ° W 2 `,� Attest: a ° /) N erk a ADOPTED: March 24, 1981 FILED WITH DEPARTMENT OF STATE EFFECTIVE: rn v 0 0 d c m c APPMNWAS 70 MW a .� Page 4 of 4 Pages O c d E t m al Packet Pg. 1998 R.1.h 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. 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 (SEAL) Publish: Monday, February 9, 1981 Please send statement to: Board of County Commissioners Post Office Box 1680 Key West, Florida 33040 Please mail proof of publication to: Michael H. Cates, Esq. County Attorney 505 Whitehead Street Key West, Florida 33040 Packet Pg. 1999 R.1.h 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........ L2t7 4 �...,A.D. 1981 ................ Packet Pg. 2000 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........ L2t7 4 �...,A.D. 1981 ................ Packet Pg. 2000 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 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 NRCC' COUNTY, FLORIDA, THAT: - N 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 +1; , (1 b) Big Coppitt Municipal Service District. Located between Boca Chica Channel east to Shark Channel;, ^ pGFt of E'eGtiGR D + 1 2. (1 c) Sugarloaf Municipal Service District. Located between Shark Channel east to Kemp Channel,, G paFt of E! eG ti GR D + 12 , GI G il f FI Gt;C Prec„ ,ct 13 is ° ° . �....., )R (1 d) Big Pine Municipal Service District.* Located between Kemp Channel and the Seven Mile Bridge,, N (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 (GeriespendiRg With G GR:eSPGRdiRg with pe t3 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., the M GGURtY P rgnt - r,v rA r.�nrei a nd n kn nnPq itllli GI n f 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 J.Q,C . 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 couwry Vi } :� Cf BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289 -6027 FAX (305) 289 -1745 ;Dannp 1. Iftolbage 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 Commissioners at a Regular Meeting in formal CL session on July 17, 1996. Please file for record. 0 Danny L. Kolhage r � Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By. Isabel C. DeSantis Deputy Clerk LO CD cc: Municipal Code Corporatio Supervisor of Elections, 035 -1996 County Commissioners Public Works Director, 039 through 043 -1996 County Administrator Pro Property A p Y County Attorney ppraiser, 03$ -1996 Arts Council, 038 -1996 Growth Mgmnt. Dir., 036 & 037 -1996 File i Packet Pg. 2Q05 I I ru -n m ru cr �mm PO OR DATE 'PT SIIOVVT( WHOM ' DA RECE ADDRESS OF DEL W a. CERTIFIED FEE � RE'IURN r?F( r SERVICE 0 S J TOTAL POSTAGE AND FEE. Col. I j SE N _ T T 0 : z w SET O w CC I LL 0 CL zi 0 Mrs. !/_Iz e/. d, Chi or o �, 4041 ;, :rtr, Co f t ,, 11 7'Al. ewiv et uj .4, PS FORLA 3800 z firm RECEIPT rOR CERTIFIED MAIL z IF. 9 �UNITED SIATES POSTAL SERVICE J �4i kJ 7 < H 20 AUG - j 7 - 96 r 1. 8672Z4 lie P0 E R h r 1 4 ? 4 N -, � ; i ' i h A, j.A F, f - c lit 0 r ku CL 0 r— E 0 0 CL 0 4- 0 N N N , a 4 �� '�� G 1 )� 3 � 1 � r CD CD LO CD 0 Packet Pg. 2006 "T visit ouf OT-epige vim http: sIrdinances to 4, ri lit 0 r ku CL 0 r— E 0 0 CL 0 4- 0 N N N , a 4 �� '�� G 1 )� 3 � 1 � r CD CD LO CD 0 Packet Pg. 2006 PROOF OF PUBLICATION r MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) ' os Before the undersigned authority personally appeared -- Tom Schumaker _ who on oath, says that ha W : is Publi of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATI .2 1, Cgp5iopr AOgptiQn in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being C6unty - Ord> hdh IN THE MATTER OF: Amending Section 2 -235 Municipal Service Benefit Uni in ; Z c Court was published in said newspaper in the issue; Z tm June 29, July 6, 1996 Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper no. 62 90 200 to at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- NOTk* OF INTtNfibNTO Coasl COUNTY A WNT NCfc paper has heretofore been continuously published in said MONROE COUN No T� E;1S H REBY GLyyEN TO WHOfN IT MTY CONCERN L TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been that on Wednesday, July 1 7, 1996, at entered as second class mail matter at the post office in MARATHON, In 10:00 AM at the, Holiday Inn Beechside, 3Bd1 North Roose- „alt Boulevsd, Key West, Mon - said MONROE COUNTY, FLORIDA, for a period of one year next preceding ros County, Florida, the Board of County Commissioners of Mon - the first publication of the attached copy of advertisement; and affiant fug roe t otarty, fforitia to lowing County ordi ther says that he has neither paid nor promised any person, firm, or corpo- ANCiHDINANCETIfE)o OF COUN COptfM ration any discount, rebate. commission or refund for the purpose of secur- IO �EE DA, "MNDINt T UT10 pRRS EE N `~ ing this advertisement for publication in the said newspaper. (SEAL) 2 -236, MONROE COUNTY TO I Published Twice Weekly SWORN TO AND SUBSCRIBED BEFORE ME THIS 8 th DAY OF A.D. 19 n-� Pursuant io Saation - orl06, Florida Statutes, notice is ghoan that if a pereco da0idad toe�ea) any decision made by the Bo With respect to any matter con - aidered at such nnpp�� or ms�et- ings, he will td snob► I of thq procea 1`196 and that, for such propose, he may need to ensure that a.varbatim record of the pro- ceedings w made which record C of the b w in f West, F ie. fi ne, 1996 ., Rz �A 11 t3E. of �M County. Florida �W�`�ufFP 28 .luy 8. 1996 l G JENNIFER NOLAN �` N°TAl1Y i My Comm Exp. 41-),7%00 (sea vusuo Bonded By Service Ins No. CO551Ia7 " Personp6y "M (1 owed 1. KE)JVEST Q -a EN 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 atnc 1 \'vh -a 3 S rALAhi ' a- c 4 LAin 11 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 J da of 1996 (Signature of Notar/ Public) (Name of Notar: ✓ :b'.ic; Expires- NANCY E. CEIER Personallv Kno% -,n _ or Produced Identification MrcoMMlssloNrccasaiz4 ;o EXPIRES: March 9, 1998 . .. . .. 80 Thar Noffiry Public Linftr ftrs F F ,,, •• Type of Identification Produced ......:..: ,NOTICE Of: INTENTION TO COW SIDER ADOPTION OF OQUISITY ORDI- NANCE NOTICE 18 H,&REI§Y GIVEN TO WFJOM,7 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 ii 71 of 41 POW Irma UPPER KEYS DADNY WOLFF 1t0A OV20 *6 YRA118 Rdteor &t bfther OIOX 1101 • TAVERNIEq, FLA. 33WO (3051362 -3216 FAX 862 -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 '00wy P MY COMMISSION I�C � � "14 4OF FlO�� a7� DAVEE R DOVE My CiO nwnm*lon CC431878 Bonded by ANB 8004852 -5878 ......:..: R.1.i A DIOM M Or t% ff 0#MKANCE NOTICE IS HEREBIV GI`O W HOM IT MAY CONCERN that on Wednesday, July 17,1996, st 1 Holiday Inn Tl'esehside, 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 DESCRIPTIONS OF MUNICIPAL SERVICE ZENEFIT UNITS NUMBERS 1 8 BY REMOVING REFERENCES TO OUTDATED 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copieaof the above-. referenced ordinance are ovailableforreview at the various public libraries in Monroe County, Florida. . DATED w Key, Wptt, 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 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- 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: Packet Pg. 2012 a) Ambulance service; and b) Fire service. In carrying out the purposes described in this Ordinance, the district shall be financed from ad valorem taxes collected solely within the district. Nothing contained herein shall prevent the district from charging various fees, as determined by the board of county commissioners, for any service or services rendered to any specific person or persons, regardless of whether such person or persons are real or incorporeal. However, when such fees may only be expended by the district for the district purposes set forth in this ordinance. Section 3. The district shall be known as the Lower and Middle Keys Fire And Ambulance district and shall include the following areas: a) Stock Island Municipal Service District. Located between Cow Key Channel east to Boca Chica Channel; a part of Election Precinct 2. b) Big Coppitt Municipal Service District. Located between Boca Chica Channel east to Shark Channel; a part of Election Precinct 1. c) Sugarloaf Municipal Service District. Located between Shark Channel east to Kemp Channel; a part of Election Precincts 1 and 17. d) Big Pine Municipal Service District. Located between Kemp Channel and the Seven Mile Bridge; a part of Election Precincts 17 and 18. e) 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 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 Packet Pg. 20 13 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. i) Islamorada Municipal Service District. Located from and including Craig Key north to Snake Creek. The inclusion within the district of the two incorporated munic- ipalities described above shall only become effective following the occurrence of the condition precedent of Section 13 of this Ordinance. Section 4. Except as provided in Section 13 of this Ordinance, the governing body of the district shall be the board of county commissioners. Section 5. The governing body of the district shall have all the power of a body corporate, including the power to enter into interlocal agreements pursuant to chapter 163, Florida Statutes, including interlocal agreements to provide fire and ambulance service to the cities of Key Colony Beach and Layton; to contract on behalf of the district; to sue and be sued; to 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 Packet Pg. 2014 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 4 Packet Pg. 20 15 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- thorized by this article, and no such warrant against the funds of the 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 governing body. Section 11. The district funds shall only be expended for the following purposes: a) The administration of the affairs and business of the district as authorized by the governing body; b) The purchase, construction, care, upkeep, maintenance and operation of such real and personal property, including fixtures, necessary for carrying out the purposes of the district as stated in section 2 of this Ordinance as authorized by the governing body; c) Compensation for the employees of the district and for all consultants and other outside experts and staff as authorized by the governing body; d) The repayment of all debts lawfully incurred whether authorized by the terms of this Ordinance or by general or special law. Section 12. The governing body, when it deems it advis- able, is authorized to acquire by gift or purchase, and to pay the purchase price for, the services of independent contractors for the purpose of carrying out any of the functions described in section 2 of this Ordinance, only limited to the extent that the 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 regulations pertaining thereto so long as the same is not incon- sistent with general or special law. Section 13. 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 Packet Pg. 2016 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 Packet Pg. 2017 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 Statutes, section 200.071(3). b) The levy by the governing body of the taxes authorized by any provision of this article shall be by resolution of such 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 setting of millage and levy of ad valorem taxes by a county. It shall be the duty of the county commissioners to order and require the county property appraiser to assess, and the county tax collector to collect, the amount of taxes so assessed or levied by the board of county commissioners of the district upon the taxable property in the district at the rate of taxation adopted by said board of commissioners of the district for such year and included in the warrant of the property assessor and attached to the assessment roll of taxes for such year and included in the warrant of the property assessor and attached to the assessment roll of taxes for this county each year. The tax collector of the county shall collect such tax so levied by such board in the same manner as other taxes are collected, and shall pay the same over to the governing body 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 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 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 service taxes herein provided for those services enumerated in section 2(2 -388) of this article are municipal assessments for municipal or peculiar benefits accruing to the properties within 7 Packet Pg. 2018 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 Ordinance are public purposes and essential municipal services under the terms of Florida Statutes, section 125.01(1)(q). Section 15. Prior to the purchase of capital equipment the cost of which exceeds $5,000, or prior to the imposition of 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 election must be held and passed favorably by a majority of those electors voting in the election. The procedure shall be as follows: a) The board of county commissioners, by resolution, shall request that the supervisor of elections conduct a referendum election within the territorial boundary of the district. In addition, the election procedure, including notice and the form of the ballot question, shall be in a manner conforming to general law. b) The proposed levy or purchase request shall be deemed to have passed when a majority of the electors voting in the referendum election shall have voted for the levy or levies described in the ballot. The proposed levy, if authorized by the electors and thereafter levied by the board of county commissioners, shall only be used for the purposes set forth on the ballot. Section 16. The governing body is authorized to pay from the funds of the district all expenses necessarily incurred in the formation of the district. Section 17. The officers of the district governing body shall have the duties, whether mandated by statute or common law, 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. Packet Pg. 20 19 S /2 /k 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 9 Packet Pg. 2020 R.1.j 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 APPROVED AS TO FORM a AND LAND LEGAL SUFFICIENCY. B Atrarney',^ O fine LMI 10 Packet Pg. 2021 y COU10), U eJJ CUjQ;. 9 � ?OE court .Fy� �at�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 3D�� 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 * SENDER: Complete items 1 and 2 when additional services are desired, and complete Items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt tae will provide you the name of the person deli vered . For additional teas the following services are available Conwlt postmaster for fees and check box es) for additional service(s) requested. 1. ❑ Show to whom delivered, dati, and adtlressee's address. 2. ❑ Restricted Delivery t (Extra charge) t t (Extra charge)? 3. Article Addressed to: LIZ CLOUD, CHIEF 4. Article Number BUREAU OF ADMIN. CODE AND LAWS R 308 - 710 -236 T e of Service: DEPARTMENT OF STATE, THE CAPITOL TALLAHASSEE, FLORIDA 32301 registered ❑ Insured ❑ Certified ❑ COD ❑ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED 5. Signature — Addressee 8. Addressee's Address (ONLY if requested and fee paid) X A 6. Signature — Agent X 7. Date of Delivery PS Form 3811, Mar. 1987 ,t U.S. 1987 - 178.288 DOMESTIC RETURN RECEIPT F i • I F T ITRIT • i • a • i • ! • • • • • t. i • • - I RE F 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. Receipt of relative to: (a) which we have numbered (b) County Ordinance(s) which we have numbered 3. 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 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 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 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 a 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 purposes.— (1) There is hereby created an independent special fire control district incorporating lands in Monroe County described in subsection (2), whicY shall be a public corporation having the powers, duties, obligations, an immunities herein set forth under the name of the Key Largo Fire Rescu( 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. CODING: Words stpie&erR are deletions; words underlined Ch. 2005 -329 LAWS OF FLORIDA Ch. RI A (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. same restrictions as provided for such sales by counties; and to enter intc contracts with qualified service providers to carry out the purposes of the district. tm L (4) Nothing herein shall prevent the district from cooperating with the state or other local governments to render such services to communities adjacent to the land described in this section as evidenced by an execute( agreement between the cooperating agencies as approved by the board. M (5) The district charter may be amended only by special act of the Legis 0 0 lature. Section 3. Board of commissioners.— 4 1) Pursuant to chapter 191, Florida Statutes, the business and affair; 'the district shall be governed and administered by a board of five commis L m -1--11 1-_ Q1-_ -__a -1--1 provisions of chapters 189 and 191, Florida Statutes, and this act. Ead commissioner shall hold office until his or her successor is elected anc qualified under the provisions of this act. The procedures for conductin€ district elections and for qualification of candidates and electors shall bE CD LO CD CD c U CODING: Words Ptpipkep are deletions; words underlined (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 firefighting services, rescue services, and emergency medical services. Suct. Ch. 2005 -329 LAWS OF FLORIDA Ch. RI A Monroe County to be held on or before October 4, 2005. At the initial election (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. 2 commissioner may be removed from office as provided by chapter 191, Flor ida Statutes, or for any reason that a state or county officer may be removed ......:..: CL u u u c L c (6) The board may employ such personnel as deemed necessary for the roper function and operation of the district. (7) The salaries of district personnel and any other wages shall be deter a� mined by the board. iz Section 4. Officers; board compensation; bond. — L (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 their number a chair, vice chair, secretary, and treasurer. However, the sam( member may be both secretary and treasurer, in accordance with chapte L 191, Florida Statutes. Nothing shall prevent the commissioners from elect ink' a chair, vice chair, secretary, and treasurer annually. (2) Three members of the board shall constitute a quorum. A quorun 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 wits CODING: Words Ptrip.1;pp are deletions; words underlined (3) Subsequent elections of board members shall coincide with the e'en eral elections of this state. (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 Di /!3116.43: MBX T!PG!GMPSJE B Di P RAA ......:..: the commissioner's ollice and upon an accounting for all funds which comE into his or her hands as commissioner. The premium for such bonds shalt be paid from district funds. Section 5. Powers; duties; responsibilities.— funds for the purposes of the district in an amount not to exceed the limit provided in chapter 191, Florida Statues. u u u c L c M u (3) The methods for assessing and collecting ad valorem taxes, impact a� 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. CD LO CD CD c u CODING: Words Rtpipkep are deletions; words underlined (1) The district shall have and the board may exercise by maiorit 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 valoren taxation, bond issuance, and other revenue capabilities; budget preparatior Section 6. Ad valorem taxes.— Di /!3116.43: MBX T!PG!GMPSJE B Di P RAA (2) A referendum election of the electors of the district to authorize the ......:..: CL u u u c L c Z u (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 declare c -j 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 ` C t D hat extent. It is the legislative intent of this section to transfer to the nem sq users of the district's fire protection and emergency services a fair share o. LO the costs that new users impose on the district for new facilities. This shalt only apply in the event that the general - purpose local government in whicY Cq the district is located has not adopted an impact fee for fire services whirl is distributed to the district for construction within its iurisdictional 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 Rtpiekep are deletions; words underlined (4) The levy and collection of ad valorem taxes shall proceed pursuant tE general law. Section 7. User charges. —The board shall have the authority to providE a reasonable schedule of charges for providing the following services: Ch. 2005 -329 LAWS OF FLORIDA Ch. RI A 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 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 payments in any one year, including principal anc interest, on any indebtedness incurred by the district shall not exceed 5( percent of the total annual budgeted revenues of the district. (2) The board of commissioners as a body, or any of the members of the board as individuals, shall not be personally or individually liable for the repayment of such loan. Such repayment shall be made out of the receipt: Section 10. Use of district funds. —No funds of the district shall be use( 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 tion the payment of public utilities; the payment of salaries of district personnel; the payment of expenses of volunteers; the payment to the Key Largo Volunteer Fire and Rescue Department, Inc., and the Key Lamc ......:..: ana enectiveness of the aistrict. Section 11. Record of board meetings; authority to adopt rules and regu ' CD lations; annual reports; budget. — CD (1) A record shall be kept of all meetings of the board, and in suct. meetings concurrence of a maiority of the commissioners present shall bE necessary to any affirmative action by the board. W (2) The board shall have the authority to adopt and amend policies an regulations for the administration of the affairs of the district under the CODING: Words Ptpipkep are deletions; words underlined only for permissible new facilities. commissioners may make purchases of equipment on an installment basis as necessary if funds are available for the payment of the current year'; Di /!3116.43: MBX T!PG!GMPSJE B Di /!F R,1.k 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 :E Placement, and flow testing in accordance with current NFPA rules; and fol rescue work within the district. M (3) The board of commissioners shall have the authority to adopt uniforn fire prevention ordinances. Such ordinances shall be signed, dated, anc recorded with the Clerk of the Court of Monroe County and published w , Provided by state law. Ordinances shall be effective after publication, whicl. 1 0 - constitutes legal notice of same. 9 County, whose duty it shall be to receive and file said report and hold anc keep the same as a public record. u c shall adopt a fiscal year for said fire district, which shall be October 1 t( September 30. Section 12. Authority to enact fire prevention ordinances and enter land authority provide fire, rescue, and emergency medical services.— M 1) The board of commissioners shall have the right and power to enact fire prevention ordinances as provided by - eneral 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 marshal. (2) The fire marshal or duly authorized inspector shall be authorized tc manager, or operator of any building or premises shall permit the district fire marshal or duly authorized inspector to enter and inspect the buildin€ or premises at all reasonable hours. The fire marshal or duly authorizes CODING: Words Rtpipkep are deletions; words underlined Ch. 2005 -329 LAWS OF FLORIDA Ch. RA A inspector shall report any violations of state fire safety laws or regulations to the appropriate officials. Florida Statutes. Section 13. Annexations. —If any municipality or other fire control dis trict annexes any land included in the district, such annexation shall follom the procedures 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 ......:..: 0) Section 16. District expansion. —The corporate limits of the Key Lam Fire Rescue and Emergency Medical Services District may be extended anc enlarged from time to time pursuant to the following procedure: (b) The petition must contain the legal description of the property sough 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 M CODING: Words Ptxipkeg are deletions; words underlined (2) The district commissioners and all officers, agents, and employees the district shall have the same immunity and exemption from persona liability as is provided by chapter 768, Florida Statutes. (3) In accordance with chapter 768, Florida Statutes, the district shal defend all claims against the commissioners, officers, agents, and employ Ch. 2005 -329 LAWS OF FLORIDA Ch. RI A 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 tc approve said addition and sponsor legislation amending the district bound ar . Upon approval by the Legislature, the boundary shall be amended. Section 17. Construction. —This act shall be construed as remedial an( 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 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 thos( 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 tc elections. Approved by the Governor June 8, 2005. Filed in Office Secretary of State June 8, 2005. 9 CODING: Words Ptriekep are deletions; words underlined delegation to approve the addition of land leg contiguous to the boundaries of the district and sponsor legislation amending the district boundary. Upor approval by the Legislature, the boundary shall be amended. MONR000UNTYATTORmEY Account: 137379 Ticket: 244880 STATE OF FLORIDA XTICA paper pub in Key West, in Monroe Cnunty,Flohda that the attached cop of advertisment, being e legal notice in t matter of ADOPTION [F COUNTY ORDINANCE was published in said newspaper in the issues of VV �� dn*oday Ju��2U1�� Afflant further says that the Key West Citizen ise newspaper pub inKey West, insaid Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida every day, and has been entered oo periodicals matter ad the post office in Key West, insaid K8nnmeCuunty,F|mida.forapehodof1yearnextpnauudingtbefirstpub|imatinn of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur of securing this advertisement for publica- tion intbeseidnevspaoer. me this �4fh day of July 2018 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINAN NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 15, 1018 at 3:00 P.M., or as soon there after as may be heard, in the Harvey Government Center, 1200 Truman Av- enue, Key West, Monroe County, Flori- da, 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 MON- ROE COUNTY, FLORIDA, ABOLISHING MUNICIPAL SERVICE TAXING OR BENE- FIT UNITS CREATED FOR FIRE PROTEC- TION AND AMBULANCE SERVICES BY ORDINANCE NO. 5-1977; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PRO- VIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meet- ings, he will need a record of the pro- ceedings, and that, for such purpose, he may need to ensure that a verba- tim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to partici- pate in this proceeding, please contact the County Administrator� Office, by phoning (305) 292-4441, between the than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ". Dated at Key West, Florida, this mm day m July, amu KEVIN MADOK, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe Coumy Florida 07/25/18 Key West Citizen NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 15, 2018 at 3:00 P.M., or as soon thereafter as may be heard, in the Harvey Government Center, 1200 Truman Avenue, 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, 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. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, 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 evidence upon which the appeal is to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292 -4441, between the hours of 8:30 a.m. - 5: 00 p.m., no later than five (5) calendar days prior to the scheduled meeting, if you are hearing or voice impaired, call "711': Dated at Key West, Florida, this 18 day of July, 2018. KEVIN MADOK, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates: KW Citizen (Wed) 7/25/18