Ordinance 015-1992
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.92 JUN 26 P 2 :53
Monroe County Commission
DMU, ,\GE ORDINANCE NO. 015 -1992
CLr\ K
~10NROf ('DUN AN FORDINANCE OF THE BOARD OF COUNTY COMl-US-
SIONERS OF MONROE COUNTY, FLORIDA, DECLARING
THAT AN EMERGENCY EXISTS BECAUSE AN ESSENTIAL
HEALTH CARE FACILITY IS REQUIRED AND WAIVING
NOTICE BY A FOUR-FIFTH'S VOTE; CREATING THE
MARINERS HEALTH CARE SPECIAL TAXING DISTRICT
FOR THE CONSTRUCTING AND EQUIPPING OF NEW
HEALTH CARE AND RELATED FACILITIES AT THE
MARINERS HOSPITAL SITE; DEFINING THE DISTRICT
BOUNDARIES AS THE UNINCORPORATED AREA OF THE
COUNTY EXTENDING FROM THE WEST E~TD OF LONG
KEY TO THE DADE COUNTY LINE EXCLUDING THE
MAINLAND; PROVIDING FOR THE PURPOSES OF THE
DISTRICT; DESIGNATING THE COUNTY COMMISSION
AS THE GOVERNING BODY THEREOF; PROVIDING FOR
THE OPERATION OF THE HEALTH CARE FACILITIES
BY KEYS HOSPITAL FOUNDATION, INC.; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, unique and distinct areas of Honroe County exist
with differing degrees and needs concerning hospital facilities,
and
WHEREAS, Mariners Hospital's existing facility no longer
meets basic State of Florida Health and Rehabilitative Services
("HRS") requirements and life safety standards, nor provides an
adequate physical plant to meet its expanding roles for providing
essential services to the Upper Monroe County area, and
WHEREAS, the Board of Trustees of Keys Hospital Foundation,
Inc., d/b/a Mariners Hospital, has, after extensive research and
deliberation, voted unanimously to build a new facility to
provide these essential health care facilities and meet Florida
HRS requirements, and
WHEREAS, Monroe County desires to establish a means of
funding the construction and equipping of a new health care and
related facilities, and
WHEREAS, if there is to be a possibility of levying the tax
imposed by this Ordinance in the upcoming year, then the
Ordinance must be approved by the Board before July 1, 1992, and
WHEREAS, in creating the District time is of the essence in
order to protect the health, safety and welfare of visitors and
citizens of Monroe County because the existing Upper Keys Hospi-
tal does not meet basic State of Florida Health and
Rehabilitative Services requirements; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1 An emergency is hereby declared and notice
waived by a four-fifth's vote.
Section 2. There is hereby established the Mariners
Health Care Taxing District, subject to a one-time referendum
approval for such establishment and ad valorem taxation for the
implementation and operation thereof.
Section 3. FINDINGS OF FACT
The Board of County Commissioners of Monroe County does find
that establishment of a dependent municipal service taxing
district in the county is necessary to provide certain essential
health care and medical facilities, including care for indigents,
and is a service under Section 125.01(1)(q) of the Florida
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Statutes for which a dependent special taxing district may be
created under Chapter 125, Florida Statutes.
Section 4. BOUNDARIES
The boundaries of the Mariners Hospital Taxing District is
comprised of the unincorporated area of Monroe County, geo-
graphically encompassed from the west end of Long Key north to
the Dade County line, excluding that portion of Monroe County
located on the Mainland, and corresponding to current election
precincts 20, 21, 22, 23, 24 and 25, excluding that portion of
precinct 24 located on the Mainland.
Section 5. PURPOSES
The purposes of the Mariners Hospital Taxing District shall
be to provide health care services, medical and health care
facilities and equipment, including indigent care, within the
boundaries of the District, including but not limited to a health
care facility with an emergency room.
Section 6. GOVERNING BODY
The governing body of the Mariners Health Care Taxing
District shall be the Board of County Commissioners of Monroe
County.
Section 7. ADVISORY BOARD
The governing body shall be advised by Keys Hospital Founda-
tion, Inc., (a Florida not for profit corporation), who shall
make budgetary and procedural recommendations to the Board of
County Commissioners.
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Section 8. POWERS AND DUTIES
The governing body of Mariners Hospital Taxing District
shall have the following powers and duties:
1. The governing body shall have all the powers
and duties of a municipal service taxing district as
set forth in Chapter l25 of the Florida Statutes and as
set forth in Chapter 2, Article V, Division 1 of the
Monroe County Code in order to carry out District
purposes.
2. The governing body is empowered to sue and be
sued; shall enter into any and all contracts on behalf
of and as recommended by the Mariners Hospital Taxing
District and its Advisory Board, to receive grants and
other revenues other than those enumerated in this
Ordinance on behalf of the District, and shall enter
into interlocal agreements on behalf of the District
when recommended by the District Advisory Board.
3. The governing body may issue tax anticipation
warrants or notes, to be paid from the ad valorem taxes
hereby authorized, in accordance with general law, for
the purposes set forth herein, when recommended by the
District Advisory Board.
4. The governing body may acquire by gift,
purchase, or the exercise of the right of eminent
domain, lands, and any other property, real or person-
al, tangible or intangible, necessary, desirable, or
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convenient for such purposes enumerated herein when
recommended by the District Advisory Board.
5. Subject to the provisions in Subsection 3 of
this Section, the revenues generated in the District
shall be only utilized for:
a) The construction and equipping of a
Florida Health and Rehabilitative Services (HRS)
approved health care and related facilities and equip-
ment to provide health care and related services for
residents and visitors of the Upper Keys area of Monroe
County.
b) The District shall be required to
solicit competitive bids for the construction and
equipping of new health care and related facilities,
and shall not be required to accept the lowest bid, but
shall be required to accept the lowest bid meeting the
requirements of the District taking into consideration
the recommendations of Keys Hospital Foundation, Inc.,
and Florida Health and Rehabilitative Services.
c) In the event more tax revenues are
realized from the Mariners Health Care Taxing District
than are required for the construction and equipping of
a new health care and related facilities, such excess
shall be retained by the governing body, as a reserve
for capital improvements, repairs and acquisitions for
the Mariners health care facilities and equipment, as
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requested by Keys Hospital Foundation, Inc., and
approved by the governing body.
6. The facilities and equipment financed by the
Mariners Health Care Taxing District shall be subject
to the following:
a) All facilities and equipment shall be
inventoried, tagged, or otherwise identified.
b) The facilities and equipment financed
with the revenues of the Mariners Health Care Taxing
District shall not be sold, in whole, or in part,
without the express, written approval of the governing
body whereupon the proceeds therefrom, to the extent
generated by the Mariners Health Care Taxing District,
shall be retained by the governing body for such uses
and purposes as they shall determine, excepting,
however, that (i) equipment may be replaced, or (ii)
obsolete or inoperative equipment may be abandoned,
upon certification to, and approval by, the governing
body. All such replacement equipment shall be iden-
tified and subject to the provisions of the governing
Florida Statutes.
c) The facilities and equipment financed
with the revenues from Nariners Health Care Taxing
District shall be owned by the District. Keys Hospital
Foundation, Inc. shall enter into a 99 year lease, with
the District for the real property upon which the
facilities and equipment are to be located. Keys
6
Hospital Foundation, Inc., and the District shall also
enter into an agreement for the operation of Mariners
Health Care Facility by Keys Hospital Foundation, Inc.,
as public not for profit health care service provider
and facility as authorized by Sec. 125.01(1)(q),
Fla.Stat. The governing body and Keys Hospital
Foundation, Inc. shall record a document giving notice
of the District's ownership and lease of the
above-referenced facilities, equipment, and real
property.
d) Keys Hospital Foundation, Inc., its
successors and/or assigns shall not have any right or
power to anticipate, pledge, assign, sell, transfer,
alienate or encumber any interest in the facilities and
equipment financed and owned by the District or any
real property leased to the District; nor shall any
such interest in any manner be liable for or subject to
the debt, liabilities or obligations of Keys Hospital
Foundation, Inc., its successors and/or assigns.
7. The governing board of the District shall
impose a tax of 0.685 of one mill ( . 000685) on the
assessed valuation of the taxable real property in the
District, each year, for a period of five years,
subject to a one-time referendum within the District
prior to the imposition of such tax. Extension of
District taxing powers and levy after the initial five
year period shall require subsequent referendum,
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provided that such referendum states specific
utilization of such further levy.
8. The obligations incurred pursuant to the
statutes shall be paid by the governing body from ad
valorem revenues as authorized by this Ordinance, and
with funds otherwise designated for the use of the
District, shall not be paid for with other tax revenues
generated by the County of Monroe or the State of
Florida.
9. All invoices and requests for payment are to
be paid upon receipt of a payment voucher request that
shall be verified by the governing body as proper
expenditures provided for herein, and shall otherwise
comply with all requirements of general law concerning
the expenditure of dependent special taxing district
funds.
Section 9. 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.
Section 10. INCONSISTENCIES All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to
the extent of said conflict.
Section 11. INCLUSION IN THE MONROE COUNTY CODE The
provisions of this Ordinance shall be included and incorporated
in the Code of Ordinances of the County of Monroe, Florida, as an
8
..
addition or amendment thereto, and shall be appropriately renum-
bered to conform to the uniform numbering system of the Code.
Section 12.
EFFECTIVE DATE
This Ordinance shall take
effect when a copy has been accepted by the postal authorities of
the Government of the United States for special delivery by
registered mail to the Secretary of State, State of Florida.
However, no tax shall be imposed pursuant to this Ordinance, and
Board of County Commissioners shall act promptly to repeal the
Ordinance, unless a majority of the voters within the boundaries
of the District voting in the September 1, 1992, primary election
vote in favor of the following referendum:
CREATION OF A TAXING DISTRICT FOR FINANCING MEDICAL
EQUIPMENT AND NEW FACILITIES AT MARINERS HOSPITAL
Shall Monroe County create a special taxing district in
the unincorporated area of the County from the west end
of Long Key to the Dade County line (excluding the
Mainland) imposing an ad valorem tax of 0.685 of one
mill (.000685) on real property within the district for
five years for the funding of additional medical
equipment and new health care facilities at Mariners
Hospital including, but not limited to, an emergency
room?
Yes (approval of the proposal)
No (rejection of the proposal)
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a special meeting of said Board held
on the 22nd day of June, A.D., 1992.
Mayor Harvey Yes Mayor Pro Tem London No
Commissioner Cheal Yes Commissioner Jones Absent
Commissioner Stormont Yes
CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY :G5..~ "'-La ...........- ~...-:.....:\\.~~~
Mayor/Chairman
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
June 26, 1992
BIlANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
REGISTERED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
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Dear Mrs. Cloud:
Enclosed please find a certified copy of Emergency
Ordinance No. 015-1992 creating the Mariners Health Care
Special Taxing District for the constructing and equipping
of new health care and related facilities at the Mariners
Hospital Site; etc.
This Emergency Ordinance was adopted by the Monroe
County Board of County Commissioners at a Special Meeting in
formal session on June 22, 1992. 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
cc:
Municipal Code Corporation
Mayor Wilhelmina Harvey
Mayor Pro Tern Jack London
Commissioner Earl Cheal
Commissioner Douglas Jones
Commissioner John Stormont
County Attorney Randy Ludacer
County Administrator Tom Brown
Tax Collector Barry Knight
Property Appraiser Ervin Higgs
Supervisor of Elections Barry Sawyer
Pinance Director Sandee Carlile
Publ~c Safety Division Director
Pile
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JUN 2 91992
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FLORIDA DEPARTMENT OF ST ATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 2002, The Capitol, Tallahassee, Florida 32399-0250
(904) 488-8427
June 30, 1992
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Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead street
Key West, Florida 33040
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Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
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Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of June 26, 1992 and
certified copy of Monroe County Emergency Ordinance No. 92-15,
which was filed in this office on June 29, 1992.
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Liz Cloud, Chief
Bureau of Administrative Code
LC/mb
UNICHAl conE CORPORATION
~iloplement Deoartlllent
PO Rox 2235
Tallahassee, F~ 32316-2235
Code Supn)i2llent NCI, 46 07/10/92
We have re.eived the followino .aterial. Think YOU
10T your assistance and cooperation,
Ordinance No. 015-1992,
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