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Ordinance 87-070 ORDINANCE NO. 87- 70 .~-·~-:"'.~ . AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY ~.~j ~ ~%%%c ORDINANCE NO. 75-6 AS AMENDED BY AMENDING :~.~: SUBSECTION TWO OF SECTION ONE THERETO, ~_2 ::~AUTHORIZING THE DISTRICT TO INCREASE THE ~, -- j-~.. MILLAGE. CAP TO FOUR (4) MILLS OF AD VALOREM ~J ~ ~TAXES UNDER SECTION 125.01 OF THE FLORIDA c~ ~ ~ STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; ?~.. ~PROVIDING FOR AN EMERGENCY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Ochopee Fire Control and Emergency Medical Care Special Taxing District was created in the public safety interest of the residents living in the eastern portion of the County; and WHEREAS, the public safety requires fire control and emergency medical care services within the Ochopee Area of Collier County, Florida, and Section 125.01 (q) of the Florida Statutes Grants authority for the Board of County Commis~'6ne~ to establish such a district; ~"~ NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Subsection 2 of SECTION ONE of Collier Count. y Ordinance No. 75-6 as amended, is hereby amended to read as follows: SECTION ONE: 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 p~escribed in Section 125.01 (q), including the authority to establish, equip, operate and mazntaln a fire department, ambulance 's~rvice and rescue service within the dj.strict. The board shall buy, lease,'sell, exchange or 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 to, the (Words s~k-~h~o~gh are deleted; words underlined are added) 1 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 fir, ambulance or rescue services from another source. The board shall have the power to hire and fire necessary personnel, to investigate for fire and safety hazards and to promulgate rules and regulations for the preve.~tion 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 time and places as it shall determine for the purpose of advising the board regarding the affairs of the district. In instances where the district is providing a contractual service to the City of Everglades one (1) of the above members who lives outside of the district and within the city limits of Everglades 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 Le 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. (Words s~u~k-~h~h are deleted; words underlined are added) 2 d) Upon adoptio.. 3f 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 ~w~-~ 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, equipment, materials and other exp~nses incurred by the district. 2) On or before the end of each fiscal year prepare an annual report of the receipts and ~xpenditures o~ the district to the governing board as required by Section 218.20 et seq. of the Florida Statutes. SECTION TWO. 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 THREE. Declaration of Emergency; Effective D~te This Board does hereby declare that an emergency exists and that immediate enactment of this Ordinance ~s necessary,, and by no less than four-fifths (4/5ths) vote of the membership of the Board does hereby waive notice of intent to consider this Ordinance. A certified copy of this Ordinance, as enacted, shall be filed by the Clerk of this 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 (Words s~R-~h~h are deleted; words underlined are added) 3 registered mall, ~ostage prepaid, to the Florida Department of State. This Ordinance shall become effective as provided in Section 125.66(3), Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of ~ollier County, Florida, this 8th day of September , 1987. .~';> '~J~MES ,C~'~.C~ES, Clerk , ','.~ . Vzrgz~a fiagrz g Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MAX~A. ~HASSE, JR/, Chairm~ David C. Wei~el /J- Assistant Count!/--'Attorney This ordinance flied with the Secretary of State's Off/ce thc ~ day o~,= Z'9~f~7 and acknowledg, ment of that fll/ng~ece/ved this ~ day (Words me~ek-eh~o~gh are deleted; words underlined are added) 4 28' STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. 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 87-70 which was adopted by the Board of County Commissioners on the 8th day of September, 19~7 during Regular Session, via emergency procedure. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 8th day of September, 1987, JAMES C. GILES. Clerk of Courts"~}~.0~.lerk Ex-officio Count~Co~i~,%'.9.~.~q O. ',. D ph ~ "<.°'aWoa ~,;,,,.