Ordinance 014-1977
ORDINANCE NO. 14- 1977
AN EMERGENCY ORDINANCE AMENDING MONROE COUNTY
ORDINANCE NO. 5-1977, THE SAME BEING AN ORDINANCE
ENTITLED "AN ORDINANCE PROVIDING FOR THE CREATION
AND ESTABLISHMENT OF NINE MUNICIPAL SERVICE TAXING
OR BENEFIT DISTRICTS FOR THE UNINCORPORATED AREA OF
MONROE COUNTY, FLORIDA, ETC......" BY AMENDING
SECTION 1 THEREOF TO CONSOLIDATE AND ALTER THE BOUND-
ARIES OF THE NINE DISTRICTS INTO EiQE DISTRICTS AND
INCLUDE WITHIN EACH DISTRICT THE ADDITIONAL
AUTHORITY TO LEVY TAXES FOR LAW ENFORCEMENT, BEACH
EROSION CONTROL, STREETS, SIDEWALKS, STREET LIGHTING,
DRAINAGE AND TRANSPORTATION; BY AMENDING SECTIONS
11, 12, 19 AND 28 TO ADD THE AUTHORIZATION TO LEVY
FOR LAW ENFORCEMENT, BEACH EROSION CONTROL, STREETS,
SIDEWALKS, STREET LIGHTING, DRAINAGE AND TRANSPORTATION;
BY AMENDING SECTION 30 THEREOF TO PROVIDE FOR LEVY OF
AD VALOREM TAXES WITHOUT REFERENDUM TO PROVIDE FOR
OPERATIONAL AND MAINTENANCE EXPENSES
, BUT REQUIRING A
REFERENDUM ELECTION OTHERWISE,
AND PROVIDnG
FOR AN EFFECTIVE DATE.
WHEREAS the Board of County Commissioners are desirous
of conducting a referendum election in the Municipal service
districts lying between Snake Creek and the southern boundary of
the City of North Key Largo Beach and north thereof to the Dade
County Line for the purposes of receiving authorization from the
election thereof to levy al valorem taxes necessary to purchase
thrEE (.3) fire trucks and two (2) ambulances needed by the persons
residing in said area, and
WHEREAS said equipment is urgently needed at this time
due to the condition of the present fire fighting equipment and
ambulances available for service to the district so that presently
a state of emergency exists, and
WHEREAS in order to provide for same said ordinance
No. 5-1977 must be first amended so that the question can be placed
on the ballot and hopefully approved by those persons effected by
the emergency without delay, and
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WHEREAS if said levy be approved the Board may borrow
money against the future levy of taxes to immediately finance
said equipment purchase, now therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. That the Board of County Commissioners hereby
declare that a state of emergency exists warranting the immediate
emergency enactment of this ordinance as provided by F.S. 125.66 (3).
Section 2. That the non-emergency Ordinance Notice
requirements of F.S. 125.66 are hereby waived.
Section 3. That Section 1 of Monroe County Ordinance
No. 5-1977 be and the same is hereby amended to read as follows:
"Section 1. Upon the Ordinance becoming a law, all of
the unincorporated lands in the County of Monroe, State of Florida,
shall become and be incorporated into eight (8) 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, law enforcement,
beach erosion control, recreation service and facilities, street,
sidewalks, street lighting, drainage, and transportation 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 com-
puter code number 100 H less 10 KW and
corresponding with Election Precincts 1,
2, 17, and that part of 18 located south
of Little Duck Key)
District 2. Little Duck Key north to Banana Boulevard,
Valhalla Beach, (Corresponding with Monroe
County Property Appraiser's computer code
-2-
District 3.
District 4.
District 5.
District 6.
District 7.
District 8.
number 500 M less 50 KC and less that portion
of 500 M lying north of Banana Boulevard,Valhalla
Beach to Tom's Harbor Cut and corresponding with
Election Precinct 19 and that portion of 18 lying
south of Little Duck Key.)
From Banana Blvd,Valhalla Beach North to Long Key
Bridge. (Includes that portion of 500 M lying north'
of Banana Blvd., Valhalla Beach and that portion of
500 D from Tom's Harbor Cut to the Long Key Bridge.
Corresponding with Election Precinct 20.)
From the Long Key Bridge North to Snake Creek.
(Includes that portion of 500 D from Long Key up to
and including Craig Key and includes all of 500 I,
corresponding with Election Precinct 21.)
From Snake Creek North to South Bay Harbor Drive and
Lobster Lane. (Corresponding with Monroe County
Property Appraiser's computer code 500 P and that
portion of 500 K lying south of South Bay Harbor Dr.
and Lobster Lane also corresponding with Election
Precinct 22.)
From South Bay Harbor Drive and Lobster Lane North
to the Southern boundary of the City of North Key
Largo Beach and North to the Dade County Line,
including all of the property consisting of the
Monroe County right-of-way within the City of North
Key Largo Beach. (Corresponding with Code number 500 P,
and that portion of 500 K lying North of South Bay
Harbor Drive and Lobster Lane and that portion of
500 L lying South of the Southern boundary of the City
of North Key Largo Beach. Also corresponding with
Election Precinct 23 and that portion of 24 lying South
of North Key Largo Beach, Florida.
From the Northern boundary of the City of North Key
Largo Beach up to the Dade County Line. (Corresponding
with 500 R from the northern boundary of 50 N.L. and
the same being a portion of Election Precinct 24 lying
north of the northern boundary of the City of North
Key Largo Beach up to the Dade County LIne,) Ocean Reef.
All other properties situated in the unincorporated
areas of Monroe County, Florida not included within any
of the above delineated seven districts, including in
said District 8 all of those properties situated on the
mainland of the State of Florida between Dade and Collier
Counties. (Corresponding with 5000 and 500 F of the
records of the Monroe County Property Appraiser and also
constituting a portion of Election Precinct 24.) II
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Section 4. That Section 11, 12, 19, and 28 of Monroe
County Ordinance No. 5-1977 be and the same is hereby amended to
read as follows:
'~ection 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 fighting, ambulance service,
law enforcement, beach erosion control, recreation service and
facilities, streets, sidewalks, street lighting, drainage or
transportation 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 service,
law enforcement, beach erosion control, recreation service and
facilities, streets, sidewalks, street lighting, drainage and
transportation equipment as is deemed reasonably necessary for the
providing of municipal services related thereto within each
municipal taxi~District, and shall have authority to hire such
personnel or fund such services and prescribe rules and regulations
pertaining thereto so long as the same is not inconsistent with the
provisions of general or special law.
Section 19. It is herein and hereby determined and
declared that the municipal service taxes herein provided for fire
protection, ambulance service, law enforcement, beach erosion control,
recreation service and facilities, (including parks), streets,
sidewalks, street lighting, drainage or transportation are municipal
assessments for municipal or peculiar benefits accruing to the
properties with each of the eight (8) 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,
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law enforcement, beach erosion control, recreation service and
facilities (including parks), streets, sidewalks, street light-
ing, drainage and transportation within the districts herein
created, are public purposes, and are also County, District and
Municipal purposes.
Section 28. The within Ordinance is full authority 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, law
enforcement, beach erosion control, recreation service and fac-
ilities (including parks), streets, sidewalks, street lighting,
drainage and transportation facilities to the full extent that
said Board may exercise valid jurisdiction therein. It shall not
be necessary for any District to obtain any license, permit or
other authorization from any Board, Commission or like instrument-
ality of Monroe County or any political subdivision therein in
order to construct, reconstruct, acquire, extend, repair, improve,
maintain or operate any of the abovesaid projects."
Section 5. That Section 30 of Monroe County Ordinance
No. 5-1977 be and the same is hereby amended to read as follows:
"Section 30. That annually, commencing with fiscal year
1978-1979 the Board may without referendum election levy ad valorem
taxes within each said municipal district for necessary operational
and maintenance expenses for
fire protection, law enforce-
ment, ambulance service, beach erosion control, recreation service
and fa~ilities, streets, sidewalks, street lighting, drainage and
transportation.
That prior to the imposition of any ad valorem levy in any
District created by this Ordinance for expenditures for other than
maintenance and operational expenses
a referendum election
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must b~held and passed favorably by a majority of those electors
voting in said election, as follows:
1. The Board by Resolution saall request that the Supervisor
of Elections conduct a referendum election within the territorial
boundary of the district or districts effected wherein the question
shall be presented to the elector in ballot form. The ballot shall
contain the question of whether or not the elector is for or against
the levy of ad valorem taxes within the district for the fiscal year
or years for which said levy or levies is proposed to be made. Said
ballot shall contain the dollar amount and/or millage rate proposed
to be levied and shall set forth the particular municipal service or
services said levy will be expended for by the Board within the
District should the elector approve.
2. The proposed levy shall be deemed to have passed when
a majority of those electors so voting in said election shall have
voted in favor of the levy or levies described in said ballot.
That said proposed levy, if authorized by the electors and
thereafter levied by the Board, shall be used only within the District
authorizing the levy and shall be used solely for the purposes set
forth in said ballot."
Section 6. This Ordinance shall take effect when a certified
copy has been accepted by the postal authorities of the government of
the United States for special delivery by registered mail to the De-
partment of State of the State of Florida.
Enacted September 20, 1977 at Marathon, Monroe County,
Florida.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
A2~S~;~/k~'
Cle~the Board
I HEREBY CERTIFY that the above and foregoing is a true
and correct copy of the Ordinance as enacted.
(Sea 1)
Clerk to the Board
j) ttr.ctart! of j)tatt
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
BRUCE A. Sr.IATHERS
SECRETARY OF STATE
MARY L, SINGLETON
Director, Division of Elections
9041488-7690
September 26, 1977
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
Key West, Florida 33040
Attention: Dori K. Gates, Deputy Clerk
~ar Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge your letter of September 22 and
certified copy of Monroe County Emergency Ordinance No. 77-14,
which was received and filed in this office on September 26, 1977.
Kindest regards.
Cordially,
/;~::~ZL:~:~
Chief, Burea u of Laws
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