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Item P07 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 19, 2000 Division: County Attorney AGENDA ITEM WORDING: Approval to advertise an ordinance, establishing a municipal service taxing unit for local road patrol law enforcement services in the unincorporated area of Monroe County, excluding MSTU 7, providing that the municipalities of Key Colony Beach, Layton, Islamorada, Marathon and Key West may elect to join the District. ,\ ITEM BACKGROUND: The ordinance is for fiscal year 2001-2002 and the fiscal years thereafter. The ordinance creates a road patrol MSTU for the unincorporated areas of Monroe County, except Ocean Reef (MSTU#7), and allows the cities to opt in by an ordinance adopted before January 1. Ocean Reef is to be budgeted for road patrol services through its own MSTU. The existing general purpose MSTU cannot be used for the just described plan because it includes other unincorporated areas only ad valorem taxes thereby preventing the cities from opting in. (Tax rates must be uniform within a district so the existing general purpose MSTU could not have a different ad valorem rate for the cities and unincorporated areas. Fla. Const. requirement.) PREVIOUS RELEVANT BOCC ACTION: Ordinance prepared pursuant to the BOCC's request at the March 16, 2000 meeting. STAFF RECOMMENDATION: Approval to advertise for public hearing on May 17, 2000 in Key Largo. TOTAL COST: BUDGETED: Yes No Cost to County: APPROVED BY: County Attorney X OMB/Purchasing DIVISION DIRECTO~ DOCUMENTATION: Inclu~- X To Follow Risk Management Not required AGENDA ITEM # 11>1 Board of County Commissioners2 ORDINANCE NO - 2000 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING A MUNICIPAL SERVICE TAXING UNIT FOR LOCAL ROAD PATROL LAW ENFORCEMENT SERVICES IN THE UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA (THE DISTRICT), EXCLUDING MSTU 7; DEFINING LOCAL ROAD PATROL LAW El'IFORCEMENT SERVICES; PROVIDING THAT THE MUNICIPALlTIE~ OF KEY COLONY BEACH, LAYTON, ISLA'MORADA, MARATHON, KEY WEST, AND ANY MUNICIPALITIES INCORPORATED LATER MAY ELECT TO JOIN THE DISTRICT; PROVIDING THAT THE DISTRICT GOVERNING BOARD IS THE BOARD OF COUNTY COMMISSIONERS UNLESS THE MUNICIPALITIES ELECT TO JOIN IN WHICH CASE MUNICIPAL REPRESENTATION ON THE GOVERNING BOARD IS AUTHORIZED; PROVIDING FOR DISTRICT DUTIES AND POWERS INCLUDING THE POWER TO LEVY AD VALOREM TAXES WITHIN THE LIMITS ESTABLISHED BY LAW ON ALL REAL AND PERSONAL PROPERTY WITHIN THE DISTRICT, INCLUDING PARTICIPATING MUNICIPALITIES, FOR LAW ENFORCEMENT PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Pursuant to the authority of Sec. 125.01(1), Florida Statutes (FS), and Art. 7, Sec. 9(b), Fla. Const., there is hereby created a municipal service taxing unit for the purpose of providing the following essential municipal service: local road patrol law enforcement services. The taxing unit is to be known as the Monroe County Local Road Patrol Law Enforcement District, hereafter the District. For the purposes of this Ordinance local road patrol law enforcement service means regularly scheduled patrol by uniformed law enforcement officers in marked patrol cars whose full-time duty assignment involves responding to calls for service and engaging in crime prevention activities, sergeants who provide first-line supervision to those officers, and general case detectives not assigned to investigate major crimes or function as crime scene technicians. Section 2. In carrying the District purpose, the District is to be financed ~y ad valorem taxes collected within the District. Nothing in this section prevents the Sheriff of Monroe County from charging fees for services rendered to specific persons for enhanced service (e.g., increased security at festivals and sporting events) so long as the fee(s) are established in a uniformly applicable schedule approved by the Sheriff. Section 3. The District,..consists of the following areas: a) the unincorporated area of Monroe County, excluding MSTU District 7, as established in Sec. 2-255, MCC; b) subject to the approval of their respective governing bodies as provided in Section 8 of this ordinance, the following municipalities: i) Key Colony Beach ii) Layton iii) Islamorada iv) Marathon v) Key West vi) any municipality that incorporates after the effective date of this ordinance. Section 4. Subject to Section 8 of this ordinance, the governing body of the District is the Board of County Commissioners, hereafter the Board. Members will not receive additional compensation for their Board service. Section 5. The Board has the power to: levy ad valorem taxes as provided by general law; make all necessary payments to the Sheriff of Monroe County for carrying out the District purpose; enter into interlocal agreements under Sec. 163.01, FS; to enter into contracts on behalf of the District, to sue and be sued; to adopt and use a common seal; to exercise the power of condemnation as provided by general law; to otherwise acquire by gift, negotiated purchase, or installment payment, real estate and personal property including equipment and lease and convey the same, as provided by general law; employ experts, agencies and employees proper and expedient to carry out the District purpose; to borrow money and issue negotiable promissory notes, bonds or other certificates of 2 indebtedness, as provided by general law; and to exercise all powers granted by general law to municipal service taxing units created pursuant to Sec. 125.01(1), FS. Section 6. a) The Clerk of the Circuit Court, 16th Judicial Circuit, the ex-officio clerk to the Board of County Commissioners, is the ex officio clerk, auditor, recorder of minutes and accounts, and the custodian of the District funds unless or until the funds are transferred to the Sheriff of Monroe County. ,.. b) Except as provided in subsection 6(c), the District books must be audited by the same County officers, employees or independent auditors, and in a similar manner as the books of other County departments in conformity with applicable law and generally accepted accounting principles. c) The Clerk must not comingle District funds with other County revenues and must maintain the District funds in an account or fund apart from other County funds or revenue. District revenue not needed for immediate expenditure must be invested by the Clerk in the same manner as other county surplus funds are invested. However, nothing in this paragraph 6(c) prevents the Board from transferring District funds to the Sheriff of Monroe County pursuant to Sec. 30.50, F5, for the purpose of providing local road patrol law enforcement services within the District. In that case, the Sheriff is the custodian of the District funds so transferred and must account for those funds as provided by general law. Section 7. District funds may only be expended for the following purposes: a) Payment(s) to the Sheriff of Monroe County for the provision of law enforcement services within the District. b) Compensation to District employees, consultants, experts, and independent contractors, not employed or hired by the Sheriff, when authorized by the Boa rd; c) The purchase, construction, care, maintenance and operation of real and personal property necessary for carrying out the District purpose, as authorized by the Boa rd ; 3 d) The repayment of all debts lawfully incurred under this ordinance or pursuant to general law. Section 8. a) Any or all of the municipalities of Key Colony Beach, Layton, Islamorada, Marathon, Key West, and any municipality that incorporates after the effective date of this ordinance will be included within the District upon such municipality(ies) passing a municipal ordinance approvi~.@ inclusion before January 1 immediately prior to the commencement of the fiscal year for which the municipality wishes to be included. b) If one of the municipalities passes a timely ordinance electing to join the District, then the Board will consist of four County Commissioners and one member of the city council. If two municipalities elect to join the District, then the Board will consist of three County Commissioners and a city council member from each municipality. If more than two municipalities elect to join the District, then the Board will consist of three County Commissioners and a city council member from the two municipalities with the highest and next highest population, as determined from the most recently available census data. The County Commission and city councils must designate their members by resolution. Section 9. a) The Board is authorized and empowered to annually levy upon all the real and personal property within the District, including participating municipalities, a sufficient tax to pay all the necessary costs of whatever kind, including capital expenditures, as authorized by this ordinance within the limits established for municipal service taxing units under Art. 7, Sec. 9(b), Fla. Const., Sec. 125.01(1), FS, and Sec. 200.071(3), FS. b) The levy by the Board of the taxes authorized by any provision of this ordinance must be by resolution of the Board duly entered upon the minutes of the Board. Millage must 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 is the duty of the Board to order and require the Property Appraiser to assess, and the Tax Collector to collect, the amount of taxes so assessed or levied by the Board upon the taxable property in the District at the rate of taxation adopted 4 by the Board for the year. The Tax Collector must collect such tax so levied by the Board in the same manner as other taxes are collected, and must pay the same over to the Board within the time and in the manner prescribed by law for the payment by the Tax Collector of county taxes and which taxes then must be held by the Board and paid out as provided in this ordinance. Tax certificates and tax deeds must be issued for all delinquent properties in accordance with and as required by Chapter 197, FS, and other applicable law regarding the ,.. issuance of same for nonpayment of delinquent county ad valorem taxes. c} The Board of County Commissioners has determined that the District ad valorem taxes provided for in this ordinance and the law enforcement service authorized herein are municipal taxes for municipal benefits accruing to the properties within the District upon which the ad valorem levies are directed to be made. The Board of County Commissioners also finds and determines and declares that the law enforcement service authorized in this ordinance is a public purpose and essential municipal service under Sec. 125.01(1}(q}, FS. Section 10. The Board is authorized to pay from the funds of the District all expenses necessarily incurred in the formation of the District. Section 11. The officers of the Board have the duties, whether mandated by statute or common law, usually pertaining to, vested in, and incumbent upon like officers. A record must be kept of all meetings of the Board. The Board may adopt the rules and regulations it deems necessary for the transaction of its business, and in carrying out the provisions of this ordinance. Section 12. 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 13. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. 5 Section 14. 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 15. 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 said Board held on the day of 2000. Mayor Shirley Freeman Commissioner Wilhelmina Harvey Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson Jdordmstucities2 B ROBERT N DAtE 3~ s'- 6