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Ordinance 009-1975 • ORDINANCE NO . 9 -1975 AN ORDINANCE PROVIDING FOR THE CREATION, ESTABLISHMENT, MERGER AND ABOLITION OF A MUNICIPAL SERVICE TAXING OR BENEFIT DISTRICT FOR ALL OF THE UNINCORPORATED AREAS OF MONROE COUNTY, FLORIDA, FOR THE PURPOSE OF PROVIDING GARBAGE, TRASH, WASTE COLLECTION AND DISPOSAL, WITHIN SAID DISTRICT FROM FUNDS DERIVED FROM SERVICE CHARGES , SPECIAL ASSESSMENTS , OR AD VALOREM TAXES WITHIN SAID DISTRICT, UNDER THE NAME OF : THE MONROE COUNTY MUNICIPAL SERVICE DISTRICT : SETTING FORTH THE TERRITORIAL BOUNDARY OF SAID DISTRICT: PROVIDING FOR GOVERNMENT AND ADMINISTRA- TION OF SAID DISTRICT: DEFINING THE POWERS AND PURPOSES OF SAID DISTRICT AND GOVERNING BOARD THEREOF; AUTHORIZING AND EMPOWERING THE BOARD OF GOVERNORS OF SAID DISTRICT TO ACQUIRE BY GIFT OR PURCHASE SUCH WASTE , TRASH AND GARBAGE COLLECTION AND DISPOSAL EQUIPMENT AND EMPLOY SUCH PERSONNEL AS MAY BE DETERMINED BY THE BOARD OF GOVERNORS , REASONABLY NECESSARY TO PROVIDE WASTE, TRASH AND GARBAGE COLLECTION AND DISPOSAL SERVICES WITHIN SAID DISTRICT: AUTHORIZING AND EMPOWERING SAID BOARD TO ESTA- BLISH, CONTRACT FOR, OPERATE AND MAINTAIN WHATEVER FACILI- TIES WHICH MAY BE REQUIRED TO PROVIDE SAID SERVICES ; AUTHORIZING AND EMPOWERING SAID BOARD TO ENTER INTO INTER- LOCAL AGREEMENTS WITH OTHER GOVERNMENTAL BODIES AND DISTRICTS IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 163; AUTHORIZING AND PROVIDING FOR THE LEVYING AND COLLEC- TION OF AD VALOREM TAXES WITHOUT REFERENDUM FOR THE OPERA- TION OF SAID DISTRICT; AUTHORIZING AND EMPOWERING SAID BOARD TO BORROW MONEY ON NOTE OR NOTES OF SAID DISTRICT; PROVIDING THAT THE TITLE TO ALL EQUIPMENT AND PROPERTIES OF ALL KINDS HEREAFTER ACQUIRED BY THE DISTRICT 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 DISTRICT HEREIN CREATED; PROVIDING FOR CONCURRENT JURISDICTION WITH THE FLORIDA KEYS AQUEDUCT AUTHORITY AND WITH THE MONROE COUNTY WASTE COLLECTION AND DISPOSAL DISTRICT; PROVIDING FOR PARTICIPATION IN SAID DISTRICT BY MUNICIPALITIES ; PROVIDING EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 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 a municipal service taxing or benefit unit as authorized by Florida Statute Chapter 125 , as amended by Chapter 75-63, Laws of Florida for the purpose of providing garbage, trash, waste collection and disposal within the territorial limits of said area, which shall be a public corporation to be known as the: Monroe County Municipal Service District. -2- Section 2. At anytime 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 unit created hereby. Section 3. The governing body of the newly created Monroe County Municipal Service District, hereinafter termed "the District" or "said District" shall be known and designated as the Board of County Commissioners of Monroe County, 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 said 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 Ordinance; to employ such experts, agencies and employees as said Board may require or deem advisable; to borrow money and to issue negotiable 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 waste, garbage, trash collection and disposal within the territorial limits of said District. Section 4. 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 term 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 5. As soon as practicable, after this Ordinance becomes a law, the Board of the newly created District shall meet -3- 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 County Clerk, shall be an ex officio clerk, treasurer and director of finance of said Board. 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 at all meetings of said Board. Section 6. The Board shall not receive compensation for their service upon said Board, except that travel expenses to and from District meetings or while on District business may be reim- bursed by the District to the members actually incurring said travel expenses. Section 7. The books of said District shall be audited by the same officers and in like manner as the books of county officers. The said Board shall have the power and authority to hold, control and acquire, by gift or purchase, for the use of the District, any real or personal property and to pay the purchase price in install- ments or deferred payments; and to condemn any lands needed for the purpose of said District. Section 8. 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 therefore 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 maybe made payable from budgetary requirements in due course of law, as said Board may elect. Section 9. The funds of said District shall be deposited in the name of the District in a bank authorized to receive deposits of County funds, which bank shall be designated by a resolution of the Board. Such designations of such bank, and deposit of funds therein, shall be the exercise of due care and diligence on the part of said commissioners for the safekeeping of said funds. No funds of the District shall be paid out or disbursed save and -4- except by check. Section 10. No funds of said 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 garbage, trash and waste collection and disposal equipment for the District as the Board may determine. Section 11. The said Board of the District shall have the power and authority to acquire by gift or purchase and to pay the purchase price for such garbage, trash and waste collection and disposal equipment as is deemed reasonably necessary for the providing of municipal services related thereto in said municipal taxing District; and shall have authority to hire garbage, trash and waste collection and disposal 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 12. The Board of the 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, specifically said District may by Interlocal Agreement contract with the Monroe County Waste Collection and Disposal District for the providing of services which said Monroe County Municipal Service District is empowered and authorized to provide under this Ordinance and may pay said Monroe County Waste Collection and Dis- posal District for providing said services in behalf of the Monroe County Municipal Services District. Section 13. 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. -5- 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 14. The Board shall, on or before the first day of November, make an annual report of its actions and accounting of its funds as of the 30th day of September of each year, 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 said District is hereby fixed as commencing on October 1st and ending on September 30th. Section 15. The funds of said District shall be paid out only upon warrant signed by the chairman of the board, and having thereto affixed the corporate seal of the District; and no warrant shall be drawn or issued against funds of said District except for a purpose authorized by this act, and no such warrant against funds of said 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 said municipal taxing district. Section 16. The Board of said municipal service taxing or benefit unit created hereby is authorized, empowered and directed annually to levy upon all the real and personal taxable property, including homesteads, in said District, a sufficient tax to pay the necessary costs for the maintenance, operation and support of the District, but the said levy to pay for the costs of operation, maintenance and support of said District shall not exceed two (2) mills on the dollar for anyone year. In addition, if the County of Monroe, State of Florida shall create another Municipal Service Taxing or Benefit Unit under the authorization contained in Florida Statute 125.01, then in that event the total millage authorized under this Ordinance shall be decreased by the amount of millage levied in anyone year by said other municipal service taxing or benefit units in Monroe County, Florida toward the end that in -6- no one given year shall the ad valorem millage of the District created by this Ordinance together with the millage levied by the Monroe County Waste Collection and Disposal District and any other municipal service taxing or benefit unit in Monroe County, Florida, when added together, be in excess of ten (10) mills. Section 17. The levy by said Board of the taxes authorized by any provision of this Ordinance shall be resolution of said Board duly entered upon the minutes of the Board. Millage shall beset and ad valorem taxes levied thereon in accordance with the 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 said 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 said District for said year and included in the warrant of the Property Assessor and attached to the assessment 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 said Monroe County Municipal Service District within the time and in the manner prescribed by law for the payment by the Tax Collector of county taxes shall be held by said Board and paid out by them as provided in this act. Section 18. It is herein and hereby determined and declared that the municipal service taxes herein provided for garbage, trash and waste collection and disposal are municipal assessments for municipal or peculiar benefits accruing to the properties within the Municipal Taxing District herein created against which properties the said levies are directed to be made. -7- It is also herein and hereby found, determined and declared, that waste, garbage and trash collection and disposal within said District herein created, are public purposes, and are also County, District and Municipal purposes. Section 19. The Board is authorized to pay from the funds of the aforesaid Municipal Taxing District all expenses of the organization of said Board and all expenses necessarily incurred in the formation of said District and all other reasonable and necessary expenses of an attorney in the transaction of the business of the Municipal Taxing District, and in carrying out and accomplishing the purposes of this act. Section 20. At least once in each year the Board shall publish once in some newspaper published in said Municipal Taxing District, a complete detailed statement of all monies received and disbursed by them since the creation of the 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 the Municipal Taxing District. Section 21. When required by the laws of Florida, any obligation issued or incurred by the District shall be approved by the qualified electors. Section 22. Whoever shall wilfully damage any of the property in the Municipal Taxing District created under this Ordinance shall be punished as proved in the general law for punishments for malicious injury to property. Section 23. 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. -8- Section 24. It is intended that the provisions of this Ordinance shall be liberally construed for accomplishing the purposes provided therefore, or intended to be provided for by this act, and where a strict construction will result in the defeat of the accom- plishment 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 25. All Ordinances and parts of Ordinances in conflict herewith are herein and hereby repealed. Section 26. This Ordinance may be subsequently amended by the same procedure in its original enactment. Section 27. The within Ordinance is full authority for the establishment of District projects. The Board shall have jurisdiction and control over all of the District, including, but not limited to, all waste collection and disposal facilities, except to the extent otherwise provided in this Ordinance. It shall not be necessary for the District to obtain any license, permit or other authorization 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. The jurisdiction of the Board is nonexclusive and the Florida Keys Aqueduct Authority; the Monroe County Waste Collection and Disposal District and Monroe County may exercise concurrent jurisdiction and control over waste collection and disposal facilities within the territorial limits of the District. The Monroe County Municipal Service District is empowered to enter into working agreements with; Monroe County, The Florida Keys Aqueduct Authority and the Monroe County Waste Collection and Disposal District to operate waste collection and disposal facilities and to loan, grant or otherwise provide funds to said District, Authority and County to assist them in carrying out the vital function and purposes of this Ordinance. Section 28. In the event an Interlocal Agreement is entered into between the District and a muncipality, 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 -9- shall pay for its participation in said 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 municipality to the District. Section 29. 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. ~ttrtta11! af ~tatt STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 (904) 488-3918 BRUCE A. SMATHERS SECRETARY OF STATE September 5, 1975 Honorable Ralph W. White Clerk of Circuit Court Monroe County Post Office Box 1860 Key West, Florida 33040 Attention: Virginia Pinder, Deputy Clerk Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge a certified copy of Monroe County Ordinance No. 75-9, which was received and filed in this office on September 5, 1975. Kindest regards. Cordially, BRUCE A. SMATHERS Secretary of State NKjmb