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Ordinance 010-1975 ORDINANCE NO.lD -1975 AN ORDINANCE AMENDING SECTION 5, 6, 7, 9, 14, 15 and 17, OF MONROE COUNTY ORDINANCE NO.9- 1975, THE SAME BEING AN ORDINANCE ENTITLED, "AN ORDINANCE PROVIDING FOR THE CREATION, ESTABLISHMENT, MERGER AND ABOLITION OF A MUN- ICIPAL 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. PROVID- ING FOR GOVERNMENT AND ADMINISTRATION 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 PRO- VIDE WASTE, TRASH AND GARBAGE COLLECTION AND DISPOSAL SERVICES WITHIN SAID DISTRICT; AUTHORIZING AND EMPOWER- ING 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 BO~IES AND DISTRICTS IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 163; AUTHORIZING AND PROVID~ ING FOR THE LEVYING AND COLLECTION OF AD VALOREM TAXES WITHOUT REFERENDUM FOR THE OPERATION 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 FO$ CON- CmRRENT 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." BY CHANGING SECTION 5 TO CHANGE THE CLERK'S TITLE AND DUTIES IN SAID DISTRICT; BY CHANGING SECTION 6 TO DELETE THE TRAVEL REIMBURSEMENT PROVISIONS; BY CHANGING SECTION 7 TO DELETE THE AUTHORITY OF THE DISTRICT TO CONDEMN LAND; BY CHANGING SECTION 9 TO PROVIDE FOR THE EXERISE OF DUE CARE AND DILIGENCE BY THE CLERK RATHER THAN THE BOARD IN THE SELECTION OF A DEPOSITORY FOR DISTRICT FUNDS AND TO PROVIDE FOR THE METHOD OF DISTRICT PA YMENT TO BE BY WARRANT RATHER THAN BY CHECK AND TO REQUIRE THAT SAID WARRANT BE SIGNED BY THE CHAIRMAN OF SAID BOARD AND ATTESTED TO BY THE CLERK; BY CHANGING SECTION 14 TO PROVIDE THAT ANNUAL REPORTS OF THE DISTRICT BE IN THE MANNER AND IN ACCORDANCE WITH THE PROVISIONS OF GENERAL AND SPECIAL LAW AS THAT AS IS REQUIRED TO BE PROVIDED BY THE COUNTY; BY CHANGING SECTION 15 TO PROVIDE FOR ATTESTATION OF DISTRICT WARRANTS BY THE CLERK; BY CHANGING SECTION 17 TO PROVIDE FOR THE ISSUANCE OF TAX CERTIFICATES AND TAX DEEDS FOR DELINQUENT TAXES IN ACCORDANCE WITH THE PROVISIONS OF FLORIDA STATUTE CHAPTER 197; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That Section 5 of Ordinance No.9-1975 be and the same is hereby amended to read as follows: "Section 5. As soon as practicabLe, after this Ordinance becomes a law, the Board of the 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, Floridffi, shall be the ex officio clerk, auditor, recorder of the minutes and accounts and custodian of the 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 at all meetings of said Board." Section 2. Section 6 of Ordinance No. 9-1975 be and the same is hereby amended to read as follows: "Section 6. The Board shall not receive compensation for their service upon said Board." Section 3. Section 7 of Ordinance No. 9-1975 be and the same is hereby amended to read as follows: "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"." Section 4. Section 9 of Ordinance No. 9-1975 be and the same is hereby amended to read as follows: "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 designation of such bank for deposit of funds there- in, shall be the exercise of due care and diligence on the part of the clerk for the safekeeping of said funds. No funds of the Dist- rict shall be paid out or disbursed save and except by warrant signed by the chairman of said Board and attested to by the clerk." Section 5. Section 14 of Ordinance No. 9-1975 be and the same is hereby amended to read as follows: "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 in a manner and in accordance with the provisions of general and spedial 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 MonEoe 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 6. Section 15 of Ordinance No.9-1975 be and the same is hereby amended to read as follows: "Section 15. The funds of said 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 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 7. Section 17 of Ordinance No. 9-1975 be and the same is hereby amended to read as follows: "Section 17. 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 the Board. Millage shall be set 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 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 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 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 ad valorem taxes." section 8. 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 mail to the Department of State. j)ttttta11! {If j)tatt STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 (904) 488-3918 BRUCE A. SMATHERS SECRETARY OF STATE X"" - - ,,,.. C!P 2 "~ 1m DAVID C. MACNAMARA Assistant Secretary of State September 19, 1975 Richard C. Payne, Esquire Assistant County Attorney Monroe County Post Office Box 1680 Key West, Florida 33040 Dear Mr. Payne: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of September 17, and certified copy of an Emergency Monroe County Ordinance No. 75-10, which was received and filed in this office September 19, 1975. Kindest regards. Cordially, BRUCE A. SMATHERS Secretary of Stale By ~~~-;1 (Mrs Nancy vanaugh Ch' f, Burea of Laws Nkjmp