Ordinance 026-1992 r.
FLED -sr."‘.. .
'92 AUG rt i Commissioner London
DAHI ORDINANCE NO. 026 -1992
MONROF
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, CREATING A MUNICIPAL SERVICE
STREET TAXING DISTRICT FOR THE TROPICAL KEY COLONY
SUBDIVISION, BIG PINE KEY; PROVIDING THAT THE PURPOSE
OF THE DISTRICT SHALL BE TO REPAIR AND RECONSTRUCT
ROADS AND STREETS WITHIN THE DISTRICT; DESIGNATING THE
GOVERNING BODY AS THE MONROE COUNTY COMMISSION; PROVID-
ING FOR THE POWERS AND DUTIES THEREOF INCLUDING THE
IMPOSITION OF A NON-AD VALOREM ASSESSMENT WITHIN THE
DISTRICT; 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 , the roads within the Tropical Key Colony Subdivi-
sion on Big Pine Key, Florida, are in serious need of recon-
struction, repair and repaving and, in their present state,
currently compromise emergency response capabilities for ambu-
lances and fire and police protection; and
WHEREAS, it is desired, in the interest of the public
, health, safety and welfare that a Municipal Service Street Taxing
District be created for the Tropical Key Colony Subdivision on
Big Pine Key, Florida and that the referendum question for the
same be placed on the ballot in the general election of November
3 , 1992 ; and
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, believes that improvement of the roads within the
Tropical Key Colony Subdivision would serve a valid public
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purpose of the County, but would most substantially benefit the
property owners in the Tropical Key Colony Subdivision; and
WHEREAS , it is appropriate that those persons who most
directly and substantially derive benefit from the roadway
improvements bear the financial burden of such improvements ; now,
therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that :
Section 1 . Establishment.
Pursuant to the provisions contained in Section
125 .01(1) (q) , Florida Statutes , there is hereby created and
established the Tropical Key Colony Municipal Service Street
Taxing District comprised of the area shown on the plat entitled
"Tropical Key Colony," comprised of the northeast 1/4 of the
northeast 1/4 of Section 27 , Township 66 South, Range 29 East, on
Big Pine Key, Monroe County, Florida, the subdivision known as
Tropical Key Colony and recorded in the Office of the Clerk of
the Circuit Court in and for Monroe County, all as shown in Plat
Book 6 , Page 99 .
Section 2. Purpose.
The purpose of this Municipal Service Street Taxing District
is to repair, repave or reconstruct permanent streets and roads
within the District.
Section 3. Governing Body.
The Governing Body of the Tropical Key Colony Municipal
Service Street Taxing District shall be the Board of County
Commissioners of Monroe County, Florida.
Section 4 . Powers and Duties .
The Board of County Commissioners of Monroe County, acting
as the Governing Body of the District, shall have the following
powers and duties :
a. The Governing Body may advertise for bids and let
contract or contracts for the repair or reconstruction of the
streets and roads within the District to be repaired or recon-
structed in conformance with the standards and requirements for
public streets and roads within the County.
b . The cost of the repair or reconstruction of the
streets and roads in the District, which cost shall not exceed
$100 , 000 .00 , shall be paid for by the Governing Body from the
proceeds of the non-ad valorem assessment authorized by this
Ordinance and with funds otherwise designated for the use of this
District, but the cost shall not be paid for with other tax
revenues generated by the County of Monroe or the State of
Florida.
c . In addition to other powers enumerated in this
Ordinance, the Governing Body is empowered to: (i) sue and be
sued; (ii) enter into all contracts necessary to accomplish
district purposes (iii) receive grants and other revenues other
than that enumerated in subsection 4(d) of this Ordinance on
behalf of the district for district purposes ; (iv) acquire by
gift, purchase, or the exercise of the right of eminent domain,
lands , any other property, real or personal, tangible or intangi-
ble, necessary to accomplish district purposes .
d. The Governing Body is authorized to imposed a
non-ad valorem assessment based on a front footage rate whereby
each lot shall bear its alloted share of the cost of improvements
based on the ratio of the front feet of each lot to the total of
front footage of real property in the District, each year, for a
period of time not to exceed ten years . The Governing Body may
issue anticipation warrants or notes to be paid from the
assessment hereby authorized, in accordance with the general law,
in order to fund the repair, repaving or reconstruction of
streets and roads in the District.
e. All invoices and requests for payment for work or
services authorized by this Ordinance 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 municipal service taxing district
funds .
Section 5. 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 6. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 7 . 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 8. A copy of this Ordinance shall be
filed with the Secretary of State of the State, State of Florida
but shall not take effect until a majority of the electors
residing in the district and voting in the general election of
November 3, 1992, vote yes on the following referendum:
CREATION OF THE TROPICAL KEY COLONY
MUNICIPAL SERVICE STREET TAXING DISTRICT
Shall there be created a municipal service street
taxing district within the subdivision on Big Pine Key
known as Tropical Key Colony, as shown on Monroe County
OR Plat Book 6, Page 99 , with the power to impose a
non-ad valorem assessment on real property within the
district for a period not to exceed 10 years , for the
purpose of street and road improvements?
Yes (to approve the district)
No (to disapprove the district)
Section 9. Following a passing of the referendum ques-
tion by a majority of the electors residing in the district, said
electors shall secure a conveyance of the rights of way within
the district to Monroe County prior to this ordinance taking
effect.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of Aufiust, A.D. , 1992.
Mayor Harvey Not present
Mayor Pro Tem London Yes
Commissioner Cheal Yes
Ar
Commissioner Jones Yes
Commissioner Stormont Yes
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
BY: / l BY: ��- .� .,
L / MAYOR CHAIRMAN
EFFECTIVE DATE :
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;Danny' 3L. 1aoitjage
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
August 17, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud •
• Bureau of Administrative Code and Laws /`2i , 69M/
Department of State
The Capitol
• Tallahassee, FL 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No.
026-1992 creating a Municipal Service Street Taxing District for
the Tropical Key Colony Subdivision, Big Pine Key; etc.
This Ordinance was adopted by the Monroe County Board
of County Commissioners at a Regular Meeting in formal session on y�
August 5, 1992 . Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board o County Commissioners
By:
Rosalie L. c•nnolly,
Deputy Clerk
cc: Municipal Code Corporation Supervisor of Elections
Mayor W. Harvey Tax Collector
Commissioner E. Cheal Property Appraiser
Commissioner D. Jones Public Works Director
Commissioner J. London Finance Director
Commissioner J. Stormont T7fie
County Attorney
County Administrator
MUNICIPAL CODE CORPORATION
Supplement Department °
PE) Box 2235 3 ---��4 — a.K. -- - -
Tallahassee. FL 32316-2235 °'�P`nA5 %. .- a '
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Code Supplement No. 95 00/19/92 auczo°s2 Pi P-i a' f.
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for your assistance and cooperation.
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Ordinance No. 026-1992. Hs. Rosalie L. Connolly •
- Deputy Clerk •
• Monroe County
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_ ' Key West. FL 33040
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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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7173
August 19, 1992
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Honorable Danny L. Kolhage -n C3
Clerk of the Circuit Court ' ' -D
Monroe County Courthouse
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 your letter of August 17 , 1992 and ;J
certified copy of Monroe County Ordinance No. K91.2"=-276 which was
filed in this office on August 19 , 1992 .
Sincerely,
4. t)
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Liz Cloud, Chief
Bureau of Administrative Code
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