Ordinance 005-1982
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ORDINANCE NO.J
-1982
AN ORDINANCE OF MONROE COUNTY, FLORIDA, APPROVING
THE CREATION OF A SPECIAL TAXING DISTRICT TO IN-
CLUDE ALL OF MONROE COUNTY, FLORIDA, EXCEPT THE
CITIES OF KEY \~ST AND KEY COLONY BEACH, AS A
SPECIAL TAXING DISTRICT; PROVIDING THAT THE BOARD
OF COUrITY COI1MISSIONERS OF MONROE COUNTY, FLORIDA,
SHALL BE THE GOVERNING BOARD OF SAID SPECIAL DIS-
TRICT; PROVIDING FOR RATIFICATION OF THE ELECTION
TO BE HELD ON APRIL 27, 1982 AND DELINEATING A
MILLAGE FOR SAID SPECIAL DISTRICT; AUTHORIZING THE
PAYMENT FROM THE GENERAL FUND FOR THE COST OF SAID
REFERENDUM ELECTION AND APPROVING A SUM NOT TO EX-
CEED $1,900.00 FOR THE USE OF THE TRfu~SLATOR
COMMITTEE TO PUBLICIZE THE ISSUES IN SAID ELECTION;
PillPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SAID
CONFLICT; DECLARING SAID ORDINANCE TO BE AN EMER-
GENCY MEASURE; PROVIDING FOR SEVERABILITY; PROVID-
ING FOR INCLUSION IN THE CODE OF ORDINANCES OF
MONROE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF NONROE
COUNTY, FLORIDA:
Section 1.
A special tax district is hereby created in Monroe
County for the purpose of providing for the funding of a translator
system when and if approved by referendum, said district will be
as follows:
All of Monroe County, Florida, except the cities of Key
West and Key Colony Beach.
Section 2.
The governing body of this newly created district,
hereinafter termed "the District" or "said District" shall be known
and designated as the Board of County Commissioners of 11onroe 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, inter1ocally, 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 re-
quire or deem advisable; to borrow money and to issue negotiable
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promissory notes, certificates of indebtedness as hereinafter pro-
vided; and to generally exercise the powers of a public authority
organized and existing for the purpose of constructing, operating,
and maintaining a translator system for Monroe County, Florida.
Section 3.
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 4.
The Board of County Commissioners of Monroe County,
Florida, does hereby ratify the contents of Resolution No. 87-1982
in setting forth the purpose of the referendum scheduled for April 27,
1982, and to ratify the proposition to be displayed and voted on
by the electors of the District herein created and it is hereby pro-
vided that said proposition is as follows:
"Shall a special taxing district be established to in-
clude all of Monroe County, except the cities of Key
West and Key Colony Beach, for a television translator
system for the residents of the special taxing district;
to be funded by ad valorem taxes not to exceed one-
quarter of one mil ($0.00025) on each $1.00 of assessed
value of real property in the district, for a period
not to exceed ten (10) years beginning in tax year 1982?"
Section 5.
An ad valorem tax of one-quarter of one mil
($0.00025) for a period of not to exceed ten (10) years is hereby
established for the purpose of funding a translator system for Mon-
roe County exclusive of the cities of Key West and Key Colony Beach.
This tax created for the special district aforesaid shall be for the
purpose of creating a translator system for the special district the
same consisting of four (4) translator towers which shall provide
for the reception of five (5) channels through said system.
Section 6.
The Clerk of the Circuit Court of the Sixteenth
Judicial District in and for Monroe County, Florida, and ex officio
Clerk of the Board of County Commissioners of Monroe County, Florida,
is hereby empowered and directed to make payment from the General
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Fund of the budget for Monroe County, Florida, for all costs of said
referendum election to be held on April 27, 1982. The costs incur-
red by the Translator Committee in publicizing the issues of said
election, said sum not to exceed $1,900.00 shall also be paid from
the General Fund.
Section 7.
All ordinances or parts of ordinances in conflict
with this ordinance are hereby repealed to the extent of said con-
f1ict.
Section 8.
This ordinance is hereby declared to be an emer-
gency measure on the grounds of public need.
Section 9.
If any section, part of section, paragraph, clause,
phrase or word of this ordinance is declared invalid, the remaining
provisions of this ordinance shall not be affected.
Section 10.
The provisions of this ordinance shall be in-
c1uded 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 11. This ordinance shall be deemed to be filed and
shall take effect when a copy has been accepted by the postal
authorities of the government of the United States for special de-
livery by registered mail to the Department of State.
Section 12.
Section 5 of this ordinance shall be rendered
null and void in the event the referendum of April 27, 1982 fails
to pass.
By
(Seal)
RALPH VI
/J1.
Clerk
'~nTEJe CLERK
,Q .
ADOPTED:
April 19, 1982
FILED WITH SECRETARY OF STATE:
May 5, 1982
EFFECTIVE DATE:
May 11, 1982
, f
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
May 11, 1982
Honorable R. W. White, Clerk
Monroe County
500 Whitehead Street
Key West, FL 33040
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1.
Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
May 4
Monroe
R?-I:)
2.
Receipt of
relative to:
County Ordinance/s
(a)
which we have numbered
(b)
which we have numbered
3. We have filed this/these Ordinance/s in this office
on May 11 1982.
4.
The original/duplicate copy/ies showing the filing
date is/are being returned for your records.
, C;'
rs.) Na y Kavanaugh!
Chief / reau of Laws )~
NK/ mp
I
1
FLORIDA-State of the Arts
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3. ARI1ClE ADDRESsED TO:
Nancy Kavanaugh, Chief
Dept. of State, The Capitol
Tallahassee, Florida 32301
4. TlPE OF 8EJlVICE: ARTICLE __
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SIGNATURE 0 0 Authorized agent
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