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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~