Ordinance 92-100 ORDINANCE NO. 92-1_0q
AN EMERGENCY ORDINANCE AMENDING COLLIER COU~Y~..
RDINANCE NO. 75-6, AS AMENDED, BY ENLARGING
THE BOUNDARIES OF THE OCHOPEE FIRE DISTRICT TO~.
INCLUDE THE CITY OF EVERGLADES; PROVIDING FOR ~,
CONFLICT AND SEVERABILITY; DECLARING AN EMERGEnt;
PROVIDING AN EFFECTIVE DATE.
W~EREAS, Collier County and the City of Everglades
reached an agreement that it would be in everyones best i~re~t
to have the City of Everglades become a part of the Ochopee Fire
District.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COM~ISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Amendments to Section One of Collier County
Ordinance No. 75-6, as amended.
Section One of Collier County Ordinance No. 75-6, as amended,
is hereby amended to read as follows:
SECTION ONE:
1. Creation of the Ochopee Fire District.
The "Ochopee Fire District" is hereby created. It
is hereby declared to be the intent of this Ordinance to
confirm creation of this district as a Municipal Service
Taxing Unit pursuant to Chapter 125.01(q) Florida Statutes.
The district boundaries shall include:
All of Township 50S, Range 34E; Township 51S, Range 34E;
Township 52S, Range 34E; Township 53S, Range 34E;
Township 50S, Range 33E; Township 51S, Range 33E;
Township 52S, Range 33E; Township 53S, Range 33E;
Township 50S, Range 32E; Township 51S, Range 32E;
Township 52S, Range 32E; Township 53S, Range 32E;
Township 50S, Range 31E; Township 51S, Range 31E;
Township 52S, Range 31E; Township 53S, Range 31E;
Township 50S, Range 30E; Township 51S, Range 30E;
Township 52S, Range 30E; Sections 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12 and that portion of Chokoloskee Island
contained in Sections 30 and 31, Township 53S, Range
30E; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35
and 36, Township 50S, Range 29E; Sections 1, 2, 11, 12,
13, 14, 23, 24, 25, 26, 35 and 36, Township 51S, Range
29E; Sections 1, 2, 11, 12, 13, 14, 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28, 35 and 36, Township 52S, Range
29E; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26 and
36, Township 53S, Range 29E; ~.u~...g~' ~:- including the
incorporated area of the City of Everglades beiDq more
particularly described as the Town of Everglades as
described in P~at Book ~, Pages 87-95 of the pub%i~
Records of Collier county. Florida; and includ~pg
Sections 3, 4, 5, 6, 8, 9, 10, 11, 13, 14 and 24,
1 5§ t177
Words ~ ' ~ ....
s.ruc.: ......... are deleted; words underlined are added.
Township §2S, Range 28E; Sections 35 and ~ and all that
area south and east of State Road 92 within Section 34,
Township 51S, Range 27E; Section 1, Townshi~ 52S, Range
27E.
2. Governing Board, Powers and Duties.
a) The governing board shall be the Board of
County Commissioners of Collier County. The business affairs
.of the district shall be administered and conducted by the
board. It shall have the authority as prescribed in Section
125.01(q), including the authority to establish, equip,
~perate'and'imaintain a fire' department, ambulance service and
(~w!.'..~.rescue s~rvice within the district. The board shall buy,
.~cT.~lease, s~l~,..exchange on.otherwise acquire and dispose of
fire-fighting equipment and other property, real, personal or
mixed, that it may from time to time deem necessary to
prevent and extinguish fire or provide ambulance and rescue
services within the district. This shall include, but is not
limited ~o, the authority to provide water, water supply,
water stations and other necessary buildings; accept gifts or
donations of equipment or money for the use of the district;
and to do all things necessary to provide for an adequate
water supply, for prevention and proper fire protection for
the district. The board shall have the authority to extend
its services outside the district under a mutual aid
agreement with another district or to residents not receiving
fire, ambulance or rescue services from another source. The
board shall have the power to hire and fire necessary
personnel, to inves~igate for fire and safety hazards and to
promulgaUe rules and regulations for the prevention of fire
and for fire control in the district.
b) The board shall appoint a committee of from three
(3) to five (5) electors residing within the district to
serve staggered terms of two (2) years each to hold meetings
at such ~:ime and places as it shall determine for the purpose
of advising the board regarding the affairs of the district.
Words struck through are deleted; words underliDed are added.
::rvi== ~ thc City =f Zver~icdce At least one (]:) of the
ab~v~ Committee members who lives e~s~--ef ~-
within the city limits of Everglades City shall represent the
city's interest in the affairs of the district. Such
representative shall be named by the mayor and approved by
city council of the City of Everglades and be confirmed by
the Board of County Commissioners, as governing body.
c) The advisory committee shall annually prepare a
tentative district budget and estimate the funds, their
purpose and the ad valorem taxes necessary to carry out the
provisions of this article for the following fiscal year as
prescribed by Chapter 129 of the Florida Statutes.
d) Upon adoption of the district budget by the board it
shall cause the budget to be recorded in the board minutes
and shall cause to be levied on all property within the
district a millage sufficient to fund the budget not
exceeding four (4) mills in any one (1) year to be assessed
and collected as though county taxes.
e) The Board of County Commissioners shall:
1) Cause to be issued all warrants for service,
equ~.pment, materials and other expenses incurred by the
district.
2) On or before the end of each fiscal year
prepare an annual report of the receipts and
expenditures of the district to the governing board as
required by Section 218.20 et seq. of the Florida
Statutes.
SECTION TWO. Addition to Collier County Ordinance No. 75-6, as
amended.
Section ~wo is hereby added to Collier County Ordinance No.
75-6, as amended, and shall read as follows:
059 , 179
]
Words *
~r~,: tbr~uq~ are deleted; words underl~pe~ are added.
Prior to the lev~ of any taxes by the OchoDee Fir-
District on the properties located within the incorporated
area of the City of Everglades. The City of EverGlades must
have adopted an ordinance, pursuant to the Drov~s~ODS of
Chapter 125. Florida Statutes. The ordinance shall set forth
the number of vear~ that the Ochopee Fire District may
include the area within the corporate limits of the City of
Everglades. the type of services to be provided ~y th-
OchoDee Fire District. and all other provisions as required
by law.
SECTION THREE. Conflict and Severability
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION FOUR. Declaration of Emergency
This Board does hereby declare that an emergency exists and
that immediate enactment of this Ordinance is necessary, and by no
less than four-fifths (4/5tbs) vote of the membership of the Board
does hereby waive notice of intent to consider this Ordinance.
SECTION FIVE. Effective Date
A certified copy or'this Ordinance, as enacted, shall be
filed by the Clerk of the Board with the Department of State of
the State of Florida, as soon after enactment as is practicable by
depositing the same with the postal authorities of the government
of the United States for special delivery by registered mail,
postage prepaid, to the Florida Department of State.
This Ordinance shall become effective as provided in Section
125.66(3), Florida Statutes.
Words ~t~uck through are deleted; words underlined are added.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this~,~.day of_-~-~'<-~"~-~--- .,
1992.
..A~REST'.";,'.'.?'t BOARD OF CO~TY CO~SSIONERS
~" ~ES' %.~,'~S, CL~ COLLIER CO~TY, F~R~DA
~ :..,t;:~'~ '..~.~ ~..,;'~'~ ~
"hpproved,.a~'" '~'" '~' '"' '"to fo~ and MICHEL J~[. ~OI,PE, C~I~
leg~ ] ~d~iciency:
David c.
Assistant Count~ttorney
Th;~ ord;nonc~ ~;1~ with
5
Words s~ruck through are deleted; words underllDed are added.
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES G. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foreGoinG is a true copy of:
Ordinance No. 92-100
which was adopted by the Board of County Commissioners on
the 22nd day of December, 1992, during ReGular Session via
EmerGency Procedures.
WITNESS my hand and the offAciai seal of the Board of
County Commissioners of Collie.-. County, Florida, this 29th
day of December, 1992. %,..'~;~[,"1',%'.
Clerk of Courts and Cl~r.k !% '
Ex-officio to Board of' ": .... ' /
County Commissioners -' " :
B~: /~JE1]~e Hoffman
Deputy Gle~