Loading...
Ordinance 026-2023 ORDINANCE 026-2023 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA,AMENDING SECTION 22-129 OF ARTICLE VI OTHER MUNICIPAL SERVICE TAXING UNITS IN CHAPTER 22 SPECIAL DISTRICTS, OF THE MONROE COUNTY CODE GRANTING PURCHASING AUTHORITY TO THE FIRE AND AMBULANCE DISTRICT 1 BOARD OF GOVERNORS OR THEIR DESIGNEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County (`BOCC"), Florida, is authorized by Article VIII of the Florida Constitution and Chapter 125,Florida Statutes,to adopt ordinances not inconsistent with general law; and WHEREAS, Section 125.01(1)(q), Florida Statutes, grants to counties the authority to establish and abolish municipal service taxing units for the provision of numerous municipal services; and WHEREAS, the Board of County Commissioners established the Fire and Ambulance District 1 for the purpose of providing fire protection and ambulance services;and WHEREAS, Monroe County Fire Department (MCFR) is currently unable to utilize the same purchasing process when utilizing Fire and Ambulance District 1 funds (District 1 Funds) as when using non District 1 Funds because the current process requires the Board of Governors to convene and approve any and all purchases using District 1 funds regardless of the amount; and WHEREAS, oftentimes this process utilizing District 1 funds can result in up to several weeks of delay which can lead to inefficiencies and delays in making necessary purchases; and WHEREAS, the Board desires to eliminate the delay of certain purchases that are within the purchasing authority of the County Administrator, Assistant County Administrator or Purchasing Director by delegating the same purchasing authority to the Fire Chief of MCFR when utilizing District 1 funds;and WHEREAS, the Monroe County Board of County Commissioners finds that it is necessary to amend Monroe County Code Section 22-129 to grant purchasing authority to the Fire and Ambulance District 1 Board of Governors or their designee;and WHEREAS, amending Monroe County Code Section 22-129 will promote efficiency within Monroe County Fire Rescue when making certain purchases. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION l: Section 22-129 of Article VI Other Municipal Service Taxing Units of Chapter 22 Special Districts shall be created to re-adopt Ordinance 31-1988, as amended by Ordinance 33-1996 and Ordinance 4-2002, and as amended herein to read as follows: Section 22-129. Fire and Ambulance District 1 created. 1 (a)District created. Pursuant to the authority granted in Chapter 125, Laws of Florida, and Article 7, Sec. 9(b), Florida Constitution, and pursuant to the procedure of F.S. 165.041, there is hereby created a municipal service taxing district for the purpose of providing the following essential municipal services: 1) Ambulance service; and 2) 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. On or before September 30 of each year,the Chief of Monroe County Fire and Rescue shall provide an annual written report to the Commission stating the ambulance rates being charged along with a written proposal for any requested rate changes. All ambulance rates charged by Monroe County Fire Rescue shall be established by Resolution, and shall be subject to approval by the Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1. Such fees may only be expended by the District for the District purposes set forth in this Ordinance (b) Name of District/District Boundaries. The District shall be known as Fire and Ambulance District I and shall include the following areas: All of unincorporated Monroe County,Florida; the City of Layton; the City of Key Colony Beach; and, excluding Ocean Reef and those areas encompassed within the Key Largo Fire Rescue and Emergency Services District. (c) Composition/Designation of Governing Body. 1) The cities of Key Colony Beach and Layton shall be included in Fire and Ambulance District I by passing a city ordinance approving such inclusion by the I"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 municipality, such agreement shall include an express provision as to how such municipality shall pay for its participation in the district which may be either from funds derived from service charges, special assessments or taxes imposed within such municipality or from budgetary payments made in the due course of law from such municipality to the district. 2) 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 the 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 quorum shall be necessary for the transaction if business. (d) Governing Body Powers. 1) 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 2 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 advisable; and to borrow money and to issue negotiable promissory notes and certificates of indebtedness as hereinafter provided. In order to carry out the purposes enumerated in this Ordinance, the District may exercise the powers, including implied powers, granted by all applicable general and special laws, ordinances, and resolutions. 2) The governing body shall have the power to acquire any real or personal property using installment or deferred payments, but only to the extent that such are lawful under Article VII, Sections 10 and 12, Florida Constitution, and any general or special law implementing the same. 3) 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 ratesof interest as the governing body may deem advisable in accordance with Article VII, 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 requirement in due course of law, as the governing body may elect. 4) The governing body, when it deems it advisable, 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 personnel as the body deems advisable and to prescribe rules and regulations pertaining thereto so long as the same is not inconsistent with general or special law. (e) Clerk of Court/Comptroller. The Clerk of the Circuit Court and Comptroller, 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 additional compensation for their service as members. 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. (f) Deposit/Handling of Funds. 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 except by warrant, signed by the Chairman of the governing o sped V).V dic �"_je t°V� No warrant shall be g g y b�° ups ���uu��� �u� �pp� drawn or issued against the funds of the District. except for gthe purposes authorized by this Article, and no such warrants 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. (g) Use of Funds. The District funds shall only be expended for the following purposes: 1) The governing body is authorized to pay from the funds of the District all expenses necessarily incurred in the formation of the District; 3 2)The administration of the affairs and business of the District authorized by the governing . body, or ups �Suu��C J`�...Jaup I�b�°uze �Y..�"��"`�C° aupuubu� fib. � �II :�?��23, 3) 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 this Ordinance as authorized by the governing body�r uGs d s;'g�lcc; 4) Compensation for the employees of the District and for all consultants and other outside experts and staff as authorized by the governing body�br uGs d su'g ll c; 5) The repayment of all debts lawfully incurred whether au thorized by the terms of this Ordinance or by general or special law; �°;x Mi upauIV �,bll llauui s )y pic �b���°��uu� )o � i� )c... v6fll ��CSC Vaupucm No. 210 I 023 wid HIC MCHIRW C bauMY NqvIJSqu� , �'c HC �u�� �Iro�°cdffcs. (h)Levy of Taxes. 1) 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 participating municipalities, a sufficient tax to pay all necessary costs, 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 and Chapter 125, Florida Statutes. 2) 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 of the Tax Collector of County taxes and shall be held by such body and paid out to this 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 laws regulating the issuance of same for nonpayment of delinquent County and ad valorem taxes. 3) It is herein and hereby determined that the municipal service taxes herein provided for those services enumerated in sub-section (a) above are municipal assessments for municipal or peculiar benefits accruing to the properties within 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 sub-section(a) above are public purposes and essential municipal services under the terms of Florida Statutes, Section 125.01(1)(q). (1)Referendum Required. 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: 4 1) 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. 2) 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. 3) 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. 0)Duties. 1) 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 officers. 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. 2) 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 Judicial Circuit, whose duty shall be to receive and file such report and keep the same as a public record. 3) The fiscal year of the District is hereby fixed as commencing on the first of October and ending on the thirtieth day of September. (k) Volunteers. Volunteers of the District shall be entitled to reimbursement of expenses pursuant to Section 2-260, et seq., Monroe County Code. SECTION 2: SEVERABILITY. 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. 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 3: 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 4: 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 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of State and shall be effective as provided in Section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 18th day of October, 2023. 5 „ k Mayor Craig Cates Yes j �;39,c;�, ' � � Mayor Pro Tern Holly Merrill Raschein Yes , „ '� ,, Commissioner Michelle Lincoln Yes i''7 ti ;; s'��'" rei\� ' Commissioner James K. Scholl Yes f a, »41 14\ Commissioner David Rice Yes 7.1.,....4:,_÷.---.4 6-,.- ,g,i1 ,, E ,,,i,-&- BOARD OF CO TY COMMISSIONERS -, s Attest �I MADOK, CLERK OF MONROE T TY,FLO' DA '' ' •roa:$,OUCd TL' Itd$�j�`X'� f �r.• • BY: OkV` n1Y1 BY: .. .i '% .tea As u Clerk P tY Mayor/Chairman i r. W-1,-- 3.- %.k Approved as to form and legal sufficiency (-” Moraoe County Attorney's Office Christina Cory,Assistant County Attorney ; � � ., ,_n C 7-1 n t) :1, 6 %�//• KeysNews.com KE f IZEN The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(941)206-1025 F:(305)294-0768 legals@keysnews.com MONROE CO EMERGENCY SERVICES 490 63RD ST OCEAN MARATHON FL 33050 Account: 420845 Ticket: 3905951 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER missioners. ADOPTION OF COUNTY ORDINANCE COUNTY OF MONROE Dated at Key West,Florida,this 2nd day NOTICE IS HEREBY GIVEN TO WHOM of October,2023. IT MAY CONCERN that on October 18, (SEAL)KEVIN MADOK,Clerk of the Cir- Before the undersigned authority personally appeared 2023,at 9:00 A.M.or as soon thereaf- cuit Court and Ex Officio Clerk of the ter as the matter may be heard,at the Board of County Commissioners of Marathon Government Center, 2798 Monroe County,Florida Overseas Highway,Marathon,Florida, 10/05/23-KWC Melinda Prescott who on oath says that he or she is the Board of County Commissioners 420845 3905951 of Monroe County, Florida, intends to consider adopting the following ordi- The legal advertising representative of the Key West Citizen,a five day news- nance: paper published in Key West, in Monroe County, Florida;that the attached copy AN ORDINANCE OF THE BOARD OF MON- of advertisment, beinga legal notice in the matter of NOI re Fire &Ambulance COUNTY COMMISSIONERS M DING g ROE COUNTY, FLORIDA, AMENDING Purchasing was published in said newspaper in the issues of: SECTION 22-129 OF ARTICLE VI OTH- ER MUNICIPAL SERVICE TAXING UNITS IN CHAPTER 22 SPECIAL DISTRICTS,OF Thursday, October 5,2023 THE MONROE COUNTY CODE GRANT- ING PURCHASING AUTHORITY TO THE FIRE AND AMBULANCE DISTRICT 1 Affiant further says that the Key West Citizen is a newspaper published in Key BOARD OF GOVERNORS OR THEIR DES- West, in said Monroe County, Florida and that the said newspapers has hereto- IGNEE;PROVIDING FOR SEVERABILITY, ORDI- fore been continuous) published in said Monroe County, Florida Tuesday thru PROVIDING FOR REPEAL DI ALL ES IN Y p Y Y NANCES OR PARTS OF ORDINANCES IN Saturday weekly,and has been entered as periodicals matter at the post office in CONFLICT WITH THIS ORDINANCE; KeyWest, in said Monroe County, Florida,for period of 1 year next recedin PROVIDING FOR INCORPORATION INTO Y p Y p g THE MONROE COUNTY CODE OF ORDI- the first publication of the attached copy of advertisement;and affiant further says NANCES; AND PROVIDING AN EFFEC- that he or she has neither paid nor promised any person,firm or corporation any TIVE DATE. discount, rebate, commission or refund for the purpose of securing this advertise- The proposed ordinance may be in- ment for publication in the said newspaper. spected by the public at the Monroe County website by viewing the agenda packet for the October 18,2023 meet- ing,which will be posted beginning on October 13,2023 at: http://monroecountyfl.igm2.com/citi- zens/default.aspx. The proposed ordi- nance may also be viewed at the Mon- roe County Attorney's office at 1111 p 12th St.Ste.408 Key West,FL 33040. The public can participate in the Oc- (Signature ofAfflant) tober 18, 2023 meeting of the Board of County Commissioners of Monroe Affirmed and subscribed before me this 5th dayof October 2023 County, FL by attending in person or via Zoom.The Zoom link can be found in the agenda at http://monroecountyfl.igm2.com/citi- zens/default.aspx. ADA ASSISTANCE: If you are a person (Notary Public Signature) with a disability who needs special accommodations in order to partici- pate in this proceeding,please contact Laura M Robins the County Administrator's Office, by (Notary Public Printed Name) phoning(305)292.4441, between the hours of 8:30a.m.-5:00p.m., prior to the scheduled meeting;if you are hear- My commission expires 9/26/2026 ing or voice-impaired,call '711". Live Closed-Captioning is available via our web portal @ Personally Known X Produced Identification_ http://monroecountyfl.igm2.com/Citi- Type of Identification Produced (Notary Seal) zens/Default.aspx for meetings of the Monroe County Board of County Com- �V"r161r�'P�Fr�lur �ft���x�mN�Irwrtla rmb&mK yw r�1�'tryio7rrm iiasGo�zn N�hk GIY��GM i HiWi d npi eu 'Ss26P202t' GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN November 10, 2023 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is a copy of Ordinance No. 026-2023 of the Board of County Commissioners of Monroe County, Florida, amending Section 22-129 of Article VI Other Municipal Service Taxing Units in Chapter 22 Special Districts, of the Monroe County Code, granting purchasing authority to the Fire and Ambulance District 1 Board of Governors or their designee; providing for severability;providing for repeal of all Ordinances, or parts of Ordinances, in conflict with this Ordinance; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on October 18, 2023. Should you have any questions please feel free to contact me at(305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court& Comptroller& ex-officio to the Monroe County Board of County Commissioners by: Liz Yongue, Deputy Clerk cc: County Administrator County Attorney MuniCode BOCC File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Liz Yongue From: County Ordinances <County0rdinances@dos.myflorida.com> Sent: Monday, November 13, 2023 3:18 PM To: Liz Yongue; County Ordinances Cc: BOCCFinance; Abra Campo; Maureen Proffitt; Callahan-James; Tamborski-Cheri; Amanda Leggett; Corie Abel;Jennifer Garcia; Lindsey Ballard; municodeords@civicplus.com; Sue Burke; Tamara Lamarche (boccdis4 @monroecounty-fl.gov) Subject: RE: Monroe County; 10/18/2023 BOCC Meeting - Fire Rescue Item Q8; Ordinance 026-2023 Attachments: Monroe20231110_Ordinance026_2023_Ack.pdf Good afternoon, Please find the attached acknowledgment letter for Monroe County Ordinance No. 026-2023,which was filed in this office on November 10, 2023. Best, County Ordinances Florida Administrative Code and Register Room 701 The Capitol I Tallahassee, Florida From: Liz Yongue<eyongue@monroe-clerk.com> Sent: Friday, November 10, 2023 11:48 AM To: County Ordinances<County0rdinances@dos.myflorida.com> Cc: BOCCFinance<BOCCFinance@monroeclerkFL.onmicrosoft.com>;Abra Campo<Campo-Abra@monroecounty- fl.gov>; Maureen Proffitt<proffitt-maureen@monroecounty-fl.gov>; Callahan-James<Callahan-James@monroecounty- fl.gov>;Tamborski-Cheri <tamborski-cheri@monroecounty-fl.gov>;Amanda Leggett<leggett-amanda@monroecounty- fl.gov>; Corie Abel <abel-corie@monroecounty-fl.gov>;Jennifer Garcia <garcia-jennifer@monroecounty-fl.gov>; Lindsey Ballard <Ballard-Lindsey@monroecounty-fl.gov>; Liz Yongue<eyongue@monroe-clerk.com>; municodeords@civicplus.com; Sue Burke<burke-sue@monroecounty-fl.gov>;Tamara Lamarche (boccdis4@monroecounty-fl.gov) <boccdis4@monroecounty-fl.gov> Subject: Monroe County; 10/18/2023 BOCC Meeting- Fire Rescue Item Q8; Ordinance 026-2023 EMAIL RECEIVED FROM The attachments/links in this message have been scanned by Proofpoint. Sender Full Name: Liz Yongue Sender Phone Number: (305) 292-3550 County Name: Monroe Ordinance Number: 2023 026 Thanks! i "eS� .� Liz Yongue "" ' Executive Assistant to the Clerk � k Kevin Madok, CPA Clerk of the Circuit Court& Comptroller 500 Whitehead Street, Key West, Florida, 33040 Phone: 305-292-3550 www.monroe-clerk.com PLEASE NOTE: The information contained in this message and any accompanying attachments may contain privileged, private, and/or confidential information protected by state and federal law. If you have received this information in error, please notify the sender immediately and destroy the information. Florida has a very broad public records law. Most written communications with any public agency in the course of its official business are public record, and available to the public and media upon request. Your e-mail communication with this office may be subject to public disclosure. 2 irr ' pw' I FLORIDA DEPARTMENT Of'STAT'E" RON DESANTIS CORD BYRD Governor Secretary of State November 13, 2023 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Dear Kevin Madok, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 026-2023, which was filed in this office on November 10, 2023. Sincerely, Anya Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270