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Ordinance 005-1977 '"' . -.. .......____.._ __. r- I / O~INANCE NO. 5 -1977 AN ORDINANCE PROVIDING FOR THE CREATION AND ESTABLISHMENT OF NINE MUNICIPAL SERVICE TAXING OR BENEFIT DISTRICTS FOR THE UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA; REQUIRING PRIOR TO THE IMPOSITION OF ANY AD VALOREM LEVY IN ANY SUCH DISTRICT AN APPROVING VOTE OF A MAJORITY OF THE FREEHOLD ELECTORS RESIDING WITHIN THE DISTRICT TO BE TAXED OR PRESENTATION OF A PETITION SIGNED BY NO LESS THAN FIFTY-ONE PER CENT OF THE REGISTERED FREEHOLD ELECTORS RESIDING IN SAID DISTRICT; TO PROVIDE FOR A COUNTY GENERAL REVENUE AD VALOREM TAX REDUCTION WITHIN ANY DISTRICT WHICH HAS ELECTED TO LEVY A SPECIAL DISTRICT TAX FOR FIRE PROTECTION, AMBULANCE SERVICE, STREET LIGHTING OR PARKS AND RECREATION TO CORRESPOND WITH SAID SPECIAL TAX LEVY; ESTABLISHING THE TERRITORIAL BOUNDARIES OF EACH DISTRICT; DECLARING THE PURPOSE OF SAID DIS- TRICTS TO BE FOR THE PROVIDING OF FIRE PROTECTION, AMBULANCE SERVICE, STREET LIGHTING AND FOR PARKS AND RECREATION WITHIN THE SAID DISTRICTS FROM FUNDS DERIVED FROM SERVICE CHARGES, SPECIAL ASSESSMENTS, OR AD VALOREM TAXES WITHIN EACH SAID DISTRICT UNDER THE NAMES: DISTRICT 1 THROUGH DISTRICT 9; PROVIDING FOR GOVERNMENT AND ADMINISTRATION OF SAID DISTRICTS; DEFINING THE POWERS AND PURPOSES OF SAID DISTRICTS AND GOVERNING BOARD THEREOF; AUTHORIZING AND EMPOWERING THE BOARD OF GOVERNORS OF SAID DISTRICTS TO ACQUIRE BY GIFT OR PURCHASE SUCH FIRE PROTECTION, AMBULANCE, STREET LIGHTING, PARK AND RECREATIONAL EQUIPMENT AND EMPLOY SUCH PERSONNEL AS MAY BE DETERMINED BY THE BOARD OF GOVERNORS, REASONABLY NECESSARY TO PROVIDE FIRE PROTEC- TION, AMBULANCE, STREET LIGHTING, PARK AND RECREATIONAL SERVICES WITHIN SAID DISTRICTS; AUTHORIZING AND EMPOWER- ING SAID BOARD TO ESTABLISH, CONTRACT FOR, OPERATE AND MAINTAIN WHATEVER FACILITIES \~ICH MAY BE REQUIRED TO PROVIDE SAID SERVICES; AUTHORIZING AND EMPOWERING SAID BOARD TO ENTER INTO INTERLOCAL AGREEMENTS WITH OTHER GOVERNMENTAL BODIES AND DISTRICTS IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 163; AUTHORIZING AND PROVIDING FOR THE LEVYING AND COLLECTION OF AD VALOREM TAXES WITHOUT REFERENDUM FOR THE OPERATION OF SAID DISTRICTS; AUTHORIZING AND EMPOWERING SAID BOARD TO BORROW MONEY ON NOTE OR NOTES OF SAID DISTRICTS; PROVIDING THAT THE TITLE TO ALL EQUIPMENT AND PROPERTIES OF ALL KINDS HEREAFTER ACQUIRED BY THE DISTRICTS CREATED HEREIN AND THEREAFTER ABOLISHED SHALL BECOME THE PROPERTY OF THE MONROE COUNTY COMMISSION; AUTHORIZING AND PROVIDING GENERALLY THE POWERS AND DUTIES OF THE GOVERNING BOARD OF SAID DISTRICTS HEREIN CREATED; PROVIDING FOR THE ISSUANCE OF TAX CERTIFICATES AND TAX DEED FOR DELIN- QUENT TAXES IN ACCORDANCE WITH THE PROVISIONS OF FLORIDA STATUTE CHAPTER 197; PROVIDING FOR PARTICIPATION IN SAID DISTRICTS BY MUNICIPALITIES; PROVIDING PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF Beach (corresponding with Monroe County Property Appraiser's computer number 500L from the Marvin D. Adams Waterway up to 50 N.L.) District 8. From the Northern boundary of the City of North Key Largo Beach up to the Dade County Line (corresponding with Monroe County Property Appraiser's computer number 500 R from the northern boundary of 50 N.L.) District 9. All other properties situated in the unincorporated areas of Monroe County, Florida not included within any of the above delineated eight districts, in- cluding in said District 9 all those properties situated on the mainland of the State of Florida between Dade and Collier Counties. (the same being a 11 those properties situated within computer number 5000 and 500F of the records of the Monroe County Property Appraiser) Section 2. Each district shall be a separate and distinct political entity from the Monroe County Board of County Commissioners and all revenues of each district established hereunder shall be separate and distinct from the general revenues of Monroe County, Florida and shall be separate and distinct from each other municipal service and/or benefit district and each district's revenues shall be carried as a supplement to the Monroe County General Revenue Funds and the end of the year surpluses of each district's revenues, if any, shall be carried over in that district's budget from fiscal year to fiscal year. Section 3. At any time after this Ordinance becomes law, any or all of the incorporated municipalities in Monroe County may, by Interlocal Agreement, duly and regularly adopted by its respec- tive governing body, elect to participate in the municipal service taxing or benefit units created hereby. Section 4. The governing body of each newly created District, hereinafter termed "the District" or "said District" shall be known and designated as the Board of County Commissioners of Monroe County, -3- MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Upon this Ordinance becoming a law, all of the unincorporated lands in the County of Monroe, State of Florida, shall become and be incorporated into nine (9) municipal service taxing or benefit units, as authorized by Florida Statute Chapter 125, as amended by Chapter 75-63, Laws of Florida, for the purpose of providing fire protection, ambulance service, street lighting, and parks and recreation within the territorial limits of each district financed from ad valorem taxes levied and collected within each said district only, each of which shall be a public corporation to be known as and having the following territorial boundaries: District 1. Located between Cow Key Channel and the Seven Mile Bridge (said lands corresponding with Monroe County Property Appraiser computer code number 100H less 10 KW) District 2. Seven Mile Bridge north to Tom's Harbor Cut (corresponding with Monroe County Property Appraiser computer code number 500 M less 50 K.C.) District 3. From Tom's Harbor Cut north up to and including craig Key (corresponding to Monroe County Property Appraiser com- puter code number 500 D less 50 LA) District 4. From craig Key north up to and including the Windley Keys (corresponding with Monroe County Property Appraiser computer code number 500 I) District 5. From Snake Creek north through Plantation Key to Tavernier Creek (corresponding with Monroe County Property Appraiser computer code number 500 p) District 6. From Tavernier Creek north to the Marvin D. Adams Waterway (corresponding with Monroe County Property Appraiser computer code number 500 K from south to said water- way) District 7. From the Marvin D. Adams Waterway north to the Dade County Line and north to the southern boundary of the city of North Key Largo Beach, including all of the property constituting the Monroe County right-of- ways within said city of North Key Largo -2- Florida, hereinafter termed "the Board" or "said Board". Said Board, constituted under the Ordinance, shall have all the powers of a body corporate, including the power to contract, interlocally, under the provisions of Chapter 163, Florida Statutes, or otherwise, and to be contracted with in behalf of each District: to sue and to be sued: to adopt and use a common seal and to alter the same at pleasure: to acquire, to purchase, hold, lease, and convey such real estate and personal property, including equipment as said Board may deem proper or expedient to carry out the purposes of this Ordi- nance: to employ such experts, agencies and employees as said Board may require or deem advisable: to borrow money and to issue negoti- able promissory notes, certificates of indebtedness as hereinafter provided: and to generally exercise the powers of a public authority organized and existing for the purpose of providing fire protection, ambulance service, street lighting, parks and recreation within the territorial limits of each District. section 5. The said Board shall at all times consist of no less than five (5) members, who all shall be County Commissioners of Monroe County, Florida. The said members of the Board shall serve until their respective terms as County Commissioners shall expire or until such time as their successor is appointed. It shall be an essential qualification that the membership of the Board be County Commissioners of Monroe County, Florida. Section 6. As soon as practicable, after this Ordinance becomes a law, the Board of each newly created District shall meet and organize by the election from their Board, a chairman and a vice chairman. The Clerk of the Circuit Court of the Sixteenth Judicial Circuit of the State of Florida, as ex officio clerk of the Board of County Commissioners of Monroe County, Florida, shall be the ex officio clerk, auditor, recorder of the minutes and -4- accounts and custodian of each District funds. Three (3) members of the Board shall constitute a quorum. A majority of a quorum shall be necessary for the transaction of business. The chairman shall vote all all meetings of said Board. Section 7. The Board shall not receive compensation for their service upon said Board. Section 8. The books of each District shall be audited by the same officers and in like manner as the books of county officer. The said Board shall have the power and authority to hold, control and acquire, by gift or purchase, for the use of each District, any real or personal property and to pay the purchase price in install- ments or deferred payments. Section 9. The Board is hereby authorized and empowered, in order to carry out the purpose of this act, to borrow money and issue certificates of indebtedness therefor upon such terms and at such rates of interest as said Board may deem advisable and in accordance with the provisions of ARTICLE VII, Section 12 of the Florida Constitution of 1968 and Florida Statutes 125 and other special and general laws and said certificates of indebtedness may be a charge upon all revenues derived from taxes in that year or may be made payable from budgetary requirements in due course of law, as said Board may elect. Section 10. The funds of each District shall be deposited in the name of the District in a bank authorized to receive deposits of County %unds, which bank shall be designated by a resolution of the Board. Such designations of such bank, for deposit of funds therein, shall be the exercise of due care and diligence on the part of said clerk for the safekeeping of said funds. No funds of District shall be paid or disbursed save and except by warrant, signed by the Chairman of said Board and attested to by the clerk. -5- Section 11. No funds of each District shall be used for any purpose other than the administration of the affairs and business of said District, for the construction, care, maintenance, upkeep, operation and purchase of fire protection, ambulance, street lighting, park and recreational equipment for the District as the Board may determine. Section 12. The said Board of each District shall have the power and authority to acquire by gift or purchase and to pay the purchase price for such fire protection, ambulance, street lighting, park and recreational equipment as is deemed reasonably necessary for the providing of municipal services related thereto within each municipal taxing District; and shall have authority to hire fire protection, ambulance, street lighting, park and recreational personnel and to prescribe rules and regulations pertaining thereto so long as the same is not inconsistent with the provisions of general or special law. Section 13. The Board of each District shall have the power and express authorization to enter into Interlocal Agreements with any municipality, political subdivision, agency, or officer of the State of Florida, including but not limited to state government, county, city, school district, single or multipurpose special district, single or multipurpose public authority; to provide for joint exercise of any power, privilege or authority which said District may have in common and which each might exercise separately. Section 14. The officers of said Board shall have the duties usually pertaining to, vested in, and incumbent upon, like officers. A record shall be kept of all meetings of said Board. The Board may adopt such rules and regulations as it may deem necessary in and about the transaction of its business, and in carrying out the provisions of this act. Section 15. The Board shall, on or before the first day -6- of November, make an annual report of its actions and accounting of its funds as of the 30th day of September of each year in a manner and in accordance with the provisions of general and special law as that as is required by the County and shall file said report in the office of the Clerk of the Circuit Court of Monroe County, Florida, whose duty it shall be to receive and file said report and hold and keep the same as a public record. The fiscal year of each District is hereby fixed as commencing on October 1st and ending on September 30th. Section 16. The funds of each District shall be paid out only upon warrant signed by the Chairman of the Board and attested to by the Clerk and having thereto affixed the corporate seal of the District; and no warrant shall be drawn or issued against funds of any District except for a purpose authorized by this act, and no such warrant against funds of any 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 Board of the municipal taxing district. Section 17. The Board of each municipal service taxing or . benefit unit created hereby is authorized, empowered and directed annually to levy upon all the real and personal taxable property, excluding homesteads, in each District, a sufficient tax to pay the necessary costs for the maintenance, operation and support of the District as authorized by and within the limits fixed for municipal purposes, within each such municipal service taxing unit under the authority of the second sentence of Section 9(b), Article VII of the State Constitution and Florida Statutes 125.01(1) (q). Section 18. The levy by said Board of the taxes authorized by any provision of this Ordinance shall be by resolution of said Board duly entered upon the minutes of fu~Board. Millage shall be set and ad valorem taxes levied thereon in accordance with the -7- 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 of Monroe County, Florida to order and require the County Property Appraiser of said county to assess and the County Tax Collector of said county to collect the amount of taxes so assessed or levied by the Board of Commissioners of each District upon the taxable property, including homesteads to the extent that taxes may be lawfully levied upon homesteads, in said District at the rate of taxation adopted by said Board of Commissioners of the District for said year and included in the warrant of the Property Assessor and attached to the assess- ment roll of taxes for said year and included in the warrant of the Property Assessor and attached to the assessment roll of taxes for said county each year. The Tax Collector of said county shall collect such tax so levied by said Board in the same manner as other taxes are collected, and shall pay the same over to the Board of the District levied upon within the time and in the manner prescribed by law for the payment by the Tax Collector of county taxes and shall be held by said Board and paid out by them as provided in this act. 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 law regulating the issuance of same for non-payment of delinquent county and ad valorem taxes. Section 19. It is herein and hereby determined and declared that the municipal service taxes herein provided for fire protection, ambulance service, street lighting, parks and recreation are muni- cipal assessments for municipal or peculiar benefits accruing to the properties within each of the nine (9) municipal taxing and/or benefit districts herein created against which properties the said levies are directed to be made. It is also herein and hereby found, determined and declared, that fire protection, ambulance service, -8- street lighting, parks and recreation within districts herein created, are public purposes, and are also County, District and Municipal purposes. Section 20. The Board is authorized to pay from the funds of each District all expenses of the organization of said Board and all expenses necessarily incurred in the formation of each District and all other reasonable and necessary expenses of an attorney in the transaction of the business of the District, and in carrying out and accomplishing the purposes of this act. Section 21. At least once in each year, the Board shall publish once in a newspaper published in Monroe County, Florida a complete detailed statement of all monies received and disbursed by them since the creation of each District, as to the first published statement and since the last published statement as to any other year. Such statements shall also show the several sources from which said funds were received and shall show the balance on hand at the time of the published statement. It shall show a complete statement of the condition of each District. Section 22. When required by the laws of Florida, any obligation issued or incurred by any District shall be approved by the qualified electors. Section 23. Whoever shall wilfully damage any of the property in any District created under this Ordinance shall be punl.skeejll as proved in the general law for punishments for malicious injury to property. Section 24. Any clause, sentence, paragraph, section, or part of section, of this act which for any reason may be declared invalid, may be eliminated from this act and the remaining portion thereof shall be in force and valid as if such invalid clause, section or part of section had not been incorporated herein. -9- Section 25. It is intended that the provisions of this Ordinance shall be liberally construed for accomplishing the pur- poses provided therefore, or intended to be provided for by this act, and where a strict construction will result in the defeat of the accomplishment of any of the purposes provided for by this Ordinance, and a liberal construction would permit or assist in the accomplish- ment thereof, the liberal construction thereof shall prevail. Section 26. All Ordinances and parts of Ordinances in conflict herewith are herein and hereby repealed. Section 21. This Ordinance may be subsequently amended by the same procedure in its original enactment. Section 28. The within Ordinance is fulllaathority for the establishment of District projects. The Board shall have jurisdiction and control over all of each District, including, but not limited to, all fire protection, ambulance service, street lighting, parks and recreation facilities except to the extent otherwise provided in this Ordinance. It shall not be necessary for any District to obtain any license, permit or other authoriza- tion from any Board, Commission or like instrumentality of Monroe County or any political subdivision therein in order to construct, reconstruct, acquire, extend, repair, improve, maintain or operate any project. Section 29. In the event an Interlocal Agreement is entered into between a District and a municipality, said agreement shall be in compliance with the terms of Chapter 163, Florida Statutes and shall include an express provision as to how said municipality shall pay for its participation in a District which may be either from funds derived from service charges, special assessments or taxes imposed within said municipality by said municipality or from budgetary payments made in the due course of law from said -10- municipality to the District. Section 30. Prior to the imposition of any ad valorem levy in any District created by this Ordinance one of the following prerequisites must be first met. 1. Approval by a majority of electors residing in the District voting in a special referendum election that said District be so taxed... or 2. Presentation to the Board of County Commissioners of a petition signed by no less than fifty-one per cent of the registered electors residing in said District evidencing the fact that it is the will of said electors that said District be so taxed. Said petition must show the name and street address of the elector and the required signatures must be obtained within 60 days after the first circulation of said petition. Section 31. This Ordinance shall take effect upon receipt of the official acknowledgment from the Department of State acknow- ledging receipt of certified copy of this Ordinance and that said Ordinance has been filed in said office. -11- r NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, January 25, 1977, at 7:00 P.M. at the Plantation Key Sheriff's Substation, Plantation Key, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. - 1977 AN ORDINANCE PROVIDING FOR THE CREATION AND ESTAB- LISHMENT OF NINE MUNICIPAL SERVICE TAXING OR BENEFIT DISTRICTS FOR THE UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA; REQUIRING PRIOR TO THE IMPOSITION OF ANY AD VALOREM LEVY IN ANY SUCH DISTRICT AN APPROVING VOTE OF A MAJORITY OF THE FREEHOLDER ELECTORS RESIDING WITHIN THE DISTRICT TO BE TAXED OR PRESENTATION OF A PETITION SIGNED BY NO LESS THAN FIFTY-ONE PER CENT OF THE REGISTERED FREEHOLD ELECTORS RESIDING IN SAID DISTRICT; TO PROVIDE FOR A COUNTY GENERAL REVENUE AD VALOREM TAX REDUCTION WITHIN ANY DISTRICT WHICH HAS ELECTED TO LEVY A SPECIAL DISTRICT TAX FOR FIRE PROTECTION, AMBULANCE SERVICE, STREET LIGHTING OR PARKS AND RECREATION TO CORRESPOND WITH SAID SPECIAL TAX LEVY; ESTABLISHING THE TERRITORIAL BOUNDARIES OF EACH DISTRICT; DECLARING THE PURPOSE OF SAID DISTRICTS TO BE FOR THE PROVIDING OF FIRE PReTECTION, AMBULANCE SERVICE, STREET LIGHTING AND FOR PARKS AND RECREATION WITHIN THE SAID DISTRICTS FROM FUNDS DERIVED FROM SERVICE CHARGES, SPECIAL ASSESSMENTS, OR AD VALOREM TAXES WITHIN EACH SAID DISTRICT UNDER THE NAMES: DISTRICT 1 THROUGH DISTRICT 9; PROVIDING FOR GOVERNMENT AND ADMINISTRATION OF SAID DISTRICTS; DEFINING THE POWERS AND PURPOSES OF SAID DISTRICTS AND GOVERNING BOARD THEREOF; AUTHORIZING AND EMPOWERING THE BOARD OF GOVERNORS OF SAID DISTRICTS TO ACQUIRE BY GIFT OR PURCHASE SUCH FIRE PROTECTION, AMBULANCE, STREET LIGHTING, PARK AND RECREATIONAL EQUIPMENT AND EMPLOY SUCH PERSONNEL AS MAY BE DETERMINED BY THE BOARD OF GOVERNORB~ REASONABLY NECESSARY TO PROVIDE FIRE PROTECTION, AMBULANCE, STREET LIGHTING, PARK AND RECREATIONAL SERVICES WITHIN SAID DISTRICTS; AUTHORIZING AND EMPOWERING SAID BOARD TO ESTABLISH, CONTRACT FOR, OPERATE AND MAINTAIN WHATEVER FACILITIES WHICH MAY BE REQUIRED TO PROVIDE SAID SERVICES; AUTHORIZING AND EMPOWERING SAID BOARD TO ENTER INTO INTERLOCAL AGREEMENTS WITH OTHER GOVERNMENTAL BODIES AND DISTRICTS IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 163; AUTHORIZING AND PRO- VIDING FOR THE LEVYING AND COLLECTION OF AD VALOREM TAXES WITHOUT REFERENDUM FOR THE OPERATION OF SAID DISTRICTS; AUTHORIZING AND EMPOWERING SAID BOARD TO BORROW MONEY ON NOTE OR NOTES OF SAID DISTRICTS; PROVIDING THAT THE TITLE TO ALL EQUIPMENT AND PROPERTIES OF ALL KINDS HEREAFTER ACQUIRED BY THE DISTRICTS CREATED HEREIN AND B~ I.- -'" THEREAFTER ABOLISHED SHALL BECOME THE PROPERTY OF THE MONROE COUNTY COMMISSION; AUTHORIZING AND PROVIDING I GENERALLY THE POWERS AND DUTIES OF THE GOVERNING BOARD OF SAID DISTRICTS HEREIN CREATED; PROVIDING FOR THE ISSUANCE OF TAX CERTIFICATES AND TAX DEEDS FOR DELIN- QUENT TAXES IN ACCORDANCE WITH THE PROVISIONS OF FLORIDA STATUTE CHAPTER 197; PROVIDING FOR PARTICIPATION IN SAID DISTRICTS BY MUNICIPALITIES; PROVIDING PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. DATED at Key West, Florida this 10th day of December, A. D. 1976. RA LPH W. WHITE Clerk of the Circuit Court of Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publish: January la, 1977 I . j ~ttrittt11! af ~taft \ STATE OF FLORIOA THE CAPITOL TALLAHASSEE 32304 (904) 488.3918 BRUCE A. SMATHERS SECRETARY OF STATE February 21, 1977 Honorable Ralph W. White Clerk of Circuit Court Monroe County Courthouse Key West, Florida 33040 A ttention: Virginia Pinder, Deputy Clerk Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of February 18 and certified copies of Monroe County Ordinances Nos. 77 -4 and 77 -5, which were received and filed in this office on February 21, 1977. Kindest regards. Cordially, BRUCE A. SMATHERS Secretary of State '---7 /// /,"'..- rlrrs~~::;;Za:a~ Chi~, Burea~f Laws \,.., NKjmb