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Ordinance 75-06COLLIER COUNTY OPd)XNANCE NO. 75 - 6 A~ ORDINANCE TO CREATE THE OCHOPEE AREA FIRE CONTROL AND EMERGENCY ~DICAL CARE SPECIAL TAXING DISTRICT WITH POWER TO LEVY ONE (1) MILL OF AD VALOREM TAX~S UNDER SECTION 125.01 (q) OF THE FLORIDA STATUTES; ESTABLISHING THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BOARD WITH AN ADVISORY COUNCIL; PRO- VIDING POWER TO RECEIVE, PURCHASE, OPERATE, MAINTAIN AND DISPOSE OF PROPERTY, EMPLOY PERSONNEL; PROVIDING. AN EFFECTIVE DATE. 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 Commissioners to establish such a district NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE~ Creation of the Ochopee Fire District. The "Ochopee Fire District" is hereby created, within the' boundaries described as follows~ Ail of Township 50S .of Range 34E; Township 51S of .Range 34E; Township .52S of Range TownshiP'53S of Range 34E; Township 50S Range 33E; Townshi9 51S of Range 33E; T .ownshl~ 52S of Range 33E! Township 53S of Range Township 50S of Range 32E! Township 518 Range 32E; Township 52S of Range ~2E! Township 53S of Range 32E; Township 508 of Range 31E! Township 51S of Range 31E! Township 52S Range 31E; Township 53S of Range 31E! Township 50S of Range $0E! Excluding Sections 5,6,7,8, 17, 18, 19, 20, 29, 30, 31 end 32; Township 51S of Range 30E; Excluding Sections 5 and Township 52S of Range 30E; and Section 1-12 of Township 53S of Range 30E; Section 35 and 36 of Township 52S of Range 29E! and Sections 1,2,'11,12,13 and 14 excluding the incorporated area of %he City of Everglades.' 2. Governin~ Board~ Powp.rs and Duties. a. The governing board of the district sh~11 be the Boar~ of County Commissioners of Collier County,'F~?rida wit~ the power and duty to conduct the affairs of the district with the powers prescribed by Florida Statutes Section 125.01 '~q) including, but not limited to the power to equip, operate an4 maintain a fire .department and ambulance service within the distric~; to buy, lease, sell, exchange, ~r othe~ise acquire, hold and dispose of.equipment other persona], or real property and to provide an adequate water supply for fire prevention and protection purposes~ to employ and discharge employees and authorize them to enter upon private and public property at reasonable times to inspect, combat and investigate possible and actual fire hazards and occurrences! to promulgate rules and regulations for the prevention and control of fire and to otherwise protect persons an~ property within the district. b. The Board shall appoint a committee of three (3) to five (5) electors residing within the district to'serve staggered terms of two (2) years each to hold meepings at such times and places as it shall determine for the purpose of advising the Board regarding the affairs of the district. c. The Advisory Committee shall annually prepare a tenative district budget and estimate the funds, their purpose and the ad valorem taxes necessary to carry out the provisions, of this ordinance for the following £isoal 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 one (1) mill in' a~y one year to be assessed and collected es though County taxes. e. The Board of County Commissioners sh&111 1) cause ~o be issued all warrants for service, equipment, 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 '218.20 et seq of the Florida Statutes. .. 3. A special refe~end~ election is hereby ordered and -.'. called to be held on March .25, 1975 in the area of the ProPOsed district d&scribed hereinabove to submit to the q~alif~ed residing therein the q~estion if the district shall be o~eated to comprise the area described. 4. The ballots, to be used for this election shall be in substantially the following fermi OFFICIAL BALLOT OCHOPEE AR~A FIRE CONTROL AND EMERGENCY MEDICAL CARE SPECIAL TAXING DISTRICT CREATION Shall there be created a area fire control and emergency medical care special taxing district with power to levy One (i) mill 'of Ad Valorem taxes and otherwise described in the Ordinance enacted by the Collier 'Ccunty Board of Count~ Commissioners on February 18th, 19757 FoR /--7 AGAINST ~ Section Two~ 1. This Ordinance shall be liberally construed to effectuate its public purpose. 2. If any portion, phrase or word of this Ordinance is held invalid or unconstitutional, the remaining parts shall' not be eff.~cted. 3. Waiver of N~tice. .. ! ' The Board of County Commissioners hereby waives no~ice requirement by'a four fifths (4/5) vote declaring that an emergency exists.necessitating the immediate enactment of %hie Ordinance. The Clerk to the Board shall file a certified copy of this Ordknance in the Department of State as soon ~fter.its enactment as is practicable.. by regtstezed, special delivery, mail. 4. Effective Date. This Ordinance shall not become effective, until after adoption, filing with the S~retary of State, and upon'recekpt of '. official acknowledgment fNom the Secretary of State of the certification by the Board of County Commissioners of Collier County and it's Clerk that this Ordinance was approved by referendu~ election. ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THIS 18th DAY OF FEBRUARY, 1975.