Ordinance 021-1992
Commissioner Stormont
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.92 .JUL 23 '\10 :{11
ORDINANCE NO. 021-1992
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ESTABLISHING THE UPPER KEYS
RECREATION TAXING DISTRICT; PROVIDING FINDINGS OF FACT;
DEFINING THE BOUNDARIES THEREOF; PROVIDING FOR THE
PURPOSES THEREOF; DESIGNATING THE GOVERNING BODY
THEREOF; ESTABLISHING AN ADVISORY BOARD THEREOF;
PROVIDING FOR BONDED INDEBTEDNESS THEREOF; PROVIDING
FOR REFERENDUM APPROVAL THEREOF; PROVIDING FOR
SEPARATENESS FROM THE UNINCORPORATED MONROE COut~TY
PARKS AND BEACHES TAXING DISTRICT; PROVIDING FOR
ASSUMPTION OF RESPONSIBILITIES FOR HARRY HARRIS PARK;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, certain organized recreation groups and civic
organizations in the Upper Keys have, for many years, expressed
desires of developing and providing facilities for organized
recreational and cultural opportunities in the area of the Upper
Keys, and
WHEREAS, these groups have also recognized that the limited
resources of Monroe County have been unable to provide adequate
and appropriate recreational and cultural facilities throughout
the county in proportion to population densities and desires, and
WHEREAS, it is also recognized by the Board of County
Commissioners that the residents of the Upper Keys have been at
the forefront of responsible, purposeful and innovative planning
and
action
concerning
recreational
facilities,
cultural
programming, trauma health care and child welfare advocacy, and
WHEREAS, the Board of County Commissioners also recognizes
that the Upper Keys area, from Key Largo through Long Key
consists of
approximately
County, and
WHEREAS, the Board of County Commissioners also recognizes
its limited ability to provide additionally needed recreational
and cultural planning and facilities for the Upper Keys from Key
Largo through Long Key while at the same time providing similar
basic services to the remainder of unincorporated Monroe County,
and
a rapidly
40% of the
growing population and represents
tax base of unincorporated Monroe
WHEREAS, the Board of County Commissioners is desirous of
formulating an Upper Keys Recreation Taxing District, subject to
a public referendum of qualified voters in the Upper Keys area
from Key Largo through Long Key for the purposes of approval for
the Upper Keys Recreation Taxing District and appropriate ad
valorem taxation for the implementation and operation thereof,
now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISS lONERS OF
MONROE COUNTY:
Section 1. There is hereby established the Upper Keys
Recreation Taxing District, subject to one-time referendum
approval for such establishment and ad valorem taxation for the
implementation and operation thereof.
Section 2. FINDINGS OF FACT.
The Board of County Commissioners of Monroe County does find
that establishment of municipal service taxing districts in the
county is necessary to provide certain essential recreation
service and facilities, and is a service under Section
2
125.01(1)(q) of the Florida Statutes for which a special taxing
district may be created under Chapter 125, Florida Statutes.
Section 3. BOUtIDARIES.
The boundaries of the Upper Keys Recreation Taxing District
is comprised of that area corresponding to current election
precincts 20, 21, 22, 23, and 24, also corresponding to the
boundaries of Municipal Service Districts 4A, 4B, 5, and 6,
geographically encompassing from the east end of the Dante
Fascell Bridge north to the southern boundary of the City of
North Key Largo Beach and north to the Dade County line, however,
excluding the mainland portion of Monroe County, Municipal
Services District 7 (Ocean Reef Area), and the municipality of
Layton.
Such District boundary description as to election precincts
may be modified when and as the Supervisor of Elections may
subsequently divide or combine election precincts, so long as not
to affect the intent herein, the described geographic boundaries
of the District and the intent of this Ordinance.
Section 4. PURPOSES.
The purposes of the Upper Keys Recreation Taxing District
shall be to provide recreational facilities development and
management within the boundaries of the District, which may
include, but not be limited to development of active and passive
recreational complexes, sports stadiums, sports arenas,
coliseums, auditoriums, civic center facilities, cultural
facilities, recreational opportunities and programs, together
with ancillary transportation facilities if and as may be
required.
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Such purposes shall be fulfilled by the Upper Keys Taxing
District through the acquisition of any such lands, by any means
of conveyance and from any other body or persons, as may be
required, acquisition and/or construction of such facilities as
may be required, employment of management and operational
personnel, and in conjunction with other governmental agencies
within or outside the boundaries of the District for joint
performance of any of either agency's authorized functions.
Section 5. GOVERNING BODY.
The governing body of the Upper Keys Recreation Taxing
District shall be the Board of County Commissioners of Monroe
County.
Section 6. POWERS AND DUTIES.
The governing body of the Upper Keys Recreation 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
125 of the Florida Statutes and as set forth in Chapter 2,
Article V, Division 1 of the Monroe County Code in order to
effectuate the District's purpose; however, the referendum
criteria for capital expenditures over the $5,000 limit shall not
apply, nor shall the District have the power to levy ad valorem
taxes contrary to the limits set within this ordinance without
referendum to do so.
2. The governing body is empowered to sue and be sued; to
enter into any and all contracts on behalf of and as may be
recommended by the Upper Keys Recreation Taxing District through
its Advisory Board, to receive grants and other revenues other
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than those enumerated in this ordinance on behalf of the
District, and to enter into interlocal agreements on behalf of
the District when and as may be 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 and as may be 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 or rights in
lands, and any other property, real or personal, tangible or
intangible, necessary, desirable, or convenient for such purposes
enumerated herein when and as may be recommended by the District
Advisory Board.
5. All employees of the District shall be county employees
through the governing body, subject to all personnel policies and
procedures of the governing body, and entitled to any and all
benefits of other employees in the governing body's service.
However, such employees shall be employees of the District
and shall not be utilized outside the District.
For the purposes of supervision of maintenance, operational
functions and program development and management, as well as
supervision of District employees, the Advisory Board may
recommend to the governing body the employment of an
administrator for the District who shall be considered a county
department head, answerable to the District through the County
Administrator.
5
Section 7. ADVISORY BOARD.
The governing body shall be advised by an Advisory Board who
shall be responsible for recommendations concerning the
development and operations of the Upper Keys Recreation Taxing
District as to budgetary and procedural matters to the Board of
County Commissioners for their implementation.
1. Such Advisory Board shall be composed of nine (9)
members selected as follows:
a) One member from each of the Chambers of COImIlerce
(Key Largo and Islamorada) selected by the membership of those
bodies;
b) One member from the COImIlunity Recreation
Association, selected by the membership of that body;
c) One member from the Upper Keys Athletic
Association, selected by the membership of that body;
d) One member from the administration of an Upper Keys
public educational facility (Key Largo Elementary School,
Plantation Key Elementary School, Coral Shores High School) to be
selected by the Advisory Board itself and confirmed by the
governing body;
e) One member of the Board of County Commissioners
representing either Commission District 5 of Commission District
4, to be selected by the Advisory Board itself;
f) One member from the Upper Keys Associates of the
Fine Arts Council, to be selected by the membership of that body
and confirmed by the governing body,
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g) One member from the American Association of Retired
Persons, Upper Keys Chapter 2519, to be selected by the
membership of that body and confirmed by the governing body, and
h) One at-large member from the general public from
the District area and to be selected from nominations from the
governing body.
Vacancies occurring on the Advisory Board shall be filled in
the same manner as the particular member's initial appointment,
and shall be for fulfillment of term of the vacant seat.
2. Each member must be a qualified elector from the
District.
3. The Advisory Board from their number shall annually
elect a chairman, vice chairman and whatever additional officers
may be required, and shall, at their first regular meeting,
establish staggered terms of office for each representative so as
to ultimately provide term of office of three years for any
Advisory Board member.
4. Any Advisory Board member may be removed from office
under the provisions of Florida Statutes 112.501.
5. The Advisory Board shall meet at least quarterly at a
time, date and place established by the Advisory Board.
All meetings shall be held in accordance with the provisions
of Florida Statutes 286.001, relating to public meetings.
Notices of date, time and place of regular meetings shall be
published no less than 5 days prior to the regular meetings.
6. Members of the Advisory Board shall be subject to the
provisions of Section 286.012, Florida Statutes, relating to
voting at meetings of the Advisory Board.
7
7. Nembers of the Advisory Board shall adopt operating
rules and procedures in concert with the operating procedures of
the Board of County Commissioners.
8. The Advisory Board shall be charged with:
a) recommendation for employment and supervision of
any administrator of the District's facilities;
b) recommendation of yearly operating budgets
according to procedures and within time-frames required for
County budget process;
c) recommendation of operating and utilization rules
and regulations regarding District facilities;
d) conforming to all public purchasing policies and
procedures to include utilization of county purchasing systems;
e) coordinating all uses of the District facilities
so as to assure maximum utilization by the greatest numbers of
District residents;
f) recommendation to the governing body planning and
development proposals to accomplish the purposes of the District;
and
g) participating in and being subject to Monroe
County Parks and Recreation planning processes, as well as Monroe
County Comprehensive Planning process in relation to concurrency
requirements. For this purpose, hereafter the appointment by the
District Five County Commissioner to the Monroe County Parks and
Recreation Board shall be recommended to that Commissioner from
the Advisory Board membership.
In any recommendation actions, the Advisory Board shall be
guided by premises inherent in Attorney General Opinion 92-34 in
8
respect to the Advisory Board's relationship with the governing
body.
Section 8. BONDED INDEBTEDNESS.
The governing body shall have the power to issue bonds to
finance, in whole or in part, the costs of capital facilities
including, but not limited to, the construction, acquisition,
expansion or improvement of recreational, cultural and civic
facilities, according to all general or special law.
Section 9. REFERENDUM REQUIRED.
Prior to such bonding of funds to be pledged from any ad
valorem levy of the District for any form of indebtedness for
which a referendum election is required by 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 of the District voting
in such election.
Additionally, this Ordinance shall not become effective
unless and until approved by one-time referendum of electors of
the District at which time approval for ad valorem taxation
support is also approved.
Such referendum shall establish ad valorem taxation not to
exceed 1 mill (.001) for the first five years of the District
operation and thereafter not to exceed 35/100 of one mill
(.00035) with such taxation beginning October 1, 1993.
Section 10. SEPARATE~mSS FROM UNINCORPORATED MONROE
COUNTY PARKS AND BEACH TAXING DISTRICT.
Upon passage by referendum as herein established, effective
October 1, 1993, the District shall no longer be subject to
9
taxation under the Unincorporated Monroe County Parks and Beaches
District (Fund 1717), said Upper Keys Recreation Taxing District
being established in lieu of Fund 1717 revenues being utilized in
the District.
However, such separateness shall not affect the distribution
and utilization of impact fees collected within the District,
which shall accrue to the District's budget and utilization for
the District, subject to the regulatory processes of such impact
fund utilization, and any distributions of the one-cent
Infrastructure Sales Tax revenue for recreational purposes.
The District shall also remain recipient of any Tourist
Development allocations, as may be sought and approved through
the respective Tourist Development Advisory Committees within the
District.
ASSUMPTION OF RESPONSIBILITIES FOR HARRY
HARRIS PARK AND ISLAMORADA PARK.
Upon passage by referendum as herein established, and upon
District funds becoming available for operational and maintenance
purposes, the Advisory Board shall recommend to the Board of
County Commissioners the repeal of Monroe County Code Chapter
13.5, Article I, concerning Harry Harris Park (Ordinance No.
9-1977, as amended by Ord. No. 18-1977; Ord. No. 9-1982; Ord. No.
9-1987; Ord. No. 26-1988 and Ord. No. 36-1988).
Following repeal of such ordinances, the District shall
assume operational and maintenance responsibilities for said
Park, as well as those operational and maintenance
responsibilities of the Islamorada Public Park and any other
neighborhood parks within the District.
Section 11.
10
Such assumption of responsibilities shall not affect nor
deter access to or availability of Boating Improvement funding,
impact fee funding or any other similar funding sources of Monroe
County which would normally be distributed or accessed on a
county-wide basis, and to which residents of the District are
entitled, nor shall any prohibitions or restrictions deny the
District access to any state or federal parks, recreation and/or
cultural facilities grant processes.
Section 12. 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 13. INCONSISTENCIES.
All ordinances or parts of ordinances in conflict with this
Ordinance are hereby repealed to the extent of said conflict.
Section 14. INCLUSION IN THE MONROE COUNTY CODE.
The provisions of this ordinance shall be included and
incorporated into the Monroe County Code as an addition or
amendment to Chapter 13.5 and shall be appropriately renumbered
to conform to the uniform numbering system of the Code.
Section 15. EFFECTIVE DATE.
A certified copy of this Ordinance shall be filed in the
Office of the Secretary of State, State of Florida, but shall not
take effect until a referendum approving the ordinance has been
passed by the electors of the District.
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 14th day of July, 1992.
Mayor Harvey Yes
Mayor Pro Tem London Yes
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner Stormont Yes
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ByL/J. ~tf
'De ty C er
By ~"..,..d~~-: . "'-,\'~~
Mayor I Chairman "
MAILED TO SECRETARY OF STATE:
APPROVED BY REFERENDill1:
virecreation
12
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 2002, The Capitol, Tallahassee, Florida 32399-0250
(904) 488-8427
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July 28, 1992
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Honorable Danny L. Kolhage
Clerk of the Circuit Court and
Ex-Officio Clerk to the Board of
County Commissioners
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
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Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of July 23, 1992 and
certified copies of Monroe County Ordinance Numbers 92-21 and
91-22, which were received and filed in this office on July 28,
1992.
Sincerely,
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Liz Cloud, Chief
Bureau of Administrative Code
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MUNICIPAL CODE CORPORATION
3upplelent Departlent
PC Box 2235
Tallahassee, Fl 32316-2235
Code Supplelent No. 46 08/03/92
We helve received the follol/1nO tlaterill. Thank you
tor your assistance and coooeratlon.
Ordinance Nos. 019-1992~ 020-1392. 021-1992,
022-1992. 023-1992. 024-1992 and 015-1992.
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1Dannp 1.. Itolbage
B~ANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL, (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL, (305) 294-4641
BRANCH OFFICE
P,O, BOX 379
PLANTATION KEY, FLORIDA 33070
TEL, (305) 852-9253
July 23, 1992
CERTIFIED 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 Ordinance
No. 021-1992 establishing the Upper Keys Recreation Taxing
District; etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on July 14, 1992. Please file for record.
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Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court and
ex officio Clerk to the Board
of ~mmiS ione
By: ,
Rosalie L. C nnolly,
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cc: Municipal Code Corporation
Mayor W. Harvey ~
Commissioner E. Cheal v (,3D L/ ') 7 OILj
Commissioner D. Jones
Commissioner J. London
Commissioner J. Stormont
County Attorney R. Ludacer
County Administrator T. Brown
Tax Collector
Supervisor of Elections
Finance Director S. Carlile
File
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