BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

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1 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NO. 521 AN ORDINANCE AMENDING PORTIONS OF CHAPTER 13, FINANCE AND TAXATION, ARTICLE III, SPECIAL TAXING DISTRICTS; AND PORTIONS OF ARTICLE IV, MUNICIPAL SERVICE TAXING OR BENEFIT UNITS; AND PORTIONS OF CHAPTER 15, FIRE PREVENTION, PROTECTION; AND PORTIONS OF ARTICLE VII, FIRE/RESCUE MUNICIPAL SERVICE TAXING UNITS; AND PORTIONS OF CHAPTER 18, HEALTH, ARTICLE VI, MUNICIPAL SERVICE TAXING UNITS FOR BASIC LIFE SUPPORT AND AMBULANCE SERVICES, BY DELETING SPECIAL TAXING DISTRICTS AND MUNICIPAL SERVICE TAXING UNITS NO LONGER UTILIZED BY THE MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICTING PROVISIONS, SEVER- ABILITY IN THE EVENT OF PARTIAL INVALIDITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION WHEREAS, the Board of County Commissioners of Martin County, Florida is authorized by Article VIII of the Florida Constitution and Chapter 125, Florida Statutes, to adopt ordinances not inconsistent with general law; and WHEREAS, the Board is authorized pursuant to Sections (q)and(r), Florida Statutes to establish municipal service taxing units for any or all of the purposes provided for therein, within all or any part of unincorporated Martin County; and WHEREAS, several municipal service taxing units have been established in the past that are no longer utilized and have been replaced by other municipal service taxing units; and WHEREAS, the Board of County Commissioners has determined that those municipal service taxing units that are no longer utilized should be abolished, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT Chapters 13, 15 and

2 18 of the Martin County Code of Laws and Ordinances are hereby amended as follows: PART ONE. Sections 13-41, and are hereby repealed in their entirety. PART TWO. Section shall be amended and restated in its entirety as follows: Sec General municipal service taxing or benefit unit established; territories thereof described. The following general municipal service taxing or benefit unit be and hereby is established within which may be provided fire protection, law enforcement, beach erosion control, recreation service and facilities, water, streets, sidewalks, street lighting, garbage and trash collection and disposal, waste and sewage collection and disposal, drainage, transportation, and other essential facilities and municipal services from funds derived from service charges, special assessments or taxes within such units only: (a) Hutchinson Island Municipal Service Taxing or Benefit Unit. That part of Hutchinson Island in Martin County, located in Sections 13, 14, and 24, Township 37 South, Range 41 East; Sections 19, 30, 31 and 32, Township 37 South, Range 42 East; Sections 5, 6, 8, 16 and 17, Township 38 South, Range 42 East; all in Martin County, Florida, including herein any and all causeways or roadways connecting Hutchinson Island to the mainland. PART THREE. Article VII captioned "Fire/Rescue Municipal Service Taxing Units" of Chapter 15, Fire Prevention, Protection is amended and restated in its entirety as follows: ARTICLE VII. FIRE/RESCUE MUNICIPAL SERVICE TAXING UNITS Sec Creation, purpose. (a) There is hereby established, pursuant to the authority granted the County by Florida Statutes, Fire/Rescue municipal service taxing units ( MSTU s) which shall be comprised of the specific areas of Martin County s unincorporated area described in this article. (b) The purpose of each fire/rescue MSTU shall be to provide fire protection and fire rescue or similar services, including basic life and ambulance services. Sec Governing body; administration. The Martin County Board of County Commissioners shall be the governing body of each fire/rescue MSTU created by this article. The Board of County Commissioners may establish such administrative structures and procedures as it deems necessary to effect the purpose and intent of this article. Sec Powers. (a) Each fire/rescue MSTU shall have the power to levy ad valorem taxes; to contract, borrow, and expend funds; to issue bonds, certificates of indebtedness, revenue certificates, and other obligations of indebtedness; and to exercise any and all other power as granted by general or special law that is necessary to effect the purpose and intent of this article. (b) Each fire/rescue MSTU shall have the authority to enter into contracts with municipalities, counties, and other governmental units for the purpose of

3 obtaining or providing any or all of the services the fire/rescue MSTU is established to provide. Sec Contracting for Services. (a) Any municipality, special district, or other unit of local government contracting for services provided by a fire/rescue MSTU shall be required to pay for such services in an amount equal to that amount which would be levied by the fire/rescue MSTU if the area of said municipality, special district, or other unit of local government served was included in the fire/rescue MSTU. (b) Any Martin County ordinance(s) pertaining to fire protection and/or fire rescue services, applicable to the fire/rescue MSTU, shall be applicable to, and effective within the area of, any municipality, special district, or other unit of local government that contracts with the fire/rescue MSTU for services. (c) All other contractual terms shall be set forth in an interlocal agreement between the municipality, special district, or other unit of local government and the fire/rescue MSTU. Sec Funding. (a) Each fire/rescue MSTU created hereunder shall be funded through: (1) The levy of an ad valorem tax against the assessed value of all lawfully taxable property situated within the boundaries of the respective fire/rescue MSTU. Such levy, together will all other ad valorem taxes levied for municipal services, shall not exceed ten (10) mills; and (2) Service charges, contractual charges, special assessments, and any other income or source of funds, attributable to the fire/rescue MSTU. (b) Any funds lawfully available from any source may also be utilized to fund the services provided pursuant to this article. Sec Budget adoption. Each year the fire/rescue MSTU shall adopt an annual budget according to the requirements set forth in the Florida Statutes. The Martin County Board of County Commissioners thereafter may cause such millage to be levied against all lawfully taxable property within said fire/rescue MSTU as is sufficient to raise the budget. All funds so raised shall be used solely for the expenses of the fire/rescue MSTU. In the event equipment or personnel are utilized outside the fire/rescue MSTU s area, the fire/rescue MSTU shall be reimbursed for such utilization. Proper accounts and records shall be kept at all times. Sec Countywide fire/rescue MSTU. (a) Purpose. A municipal service taxing unit (MSTU) is hereby established for Fire/Rescue Services as provided for in Florida Statutes, Section (q), within all of unincorporated Martin County. (b) Boundaries. The boundaries shall include the following areas: Beginning at the northwest corner of Township 38 South, Range 37 East; thence east, concurrent with the south boundary line of St. Lucie County, to the southwest corner of Section 31, Township 37 South, Range 41 East; thence north on the west line of said Section 31 and other sections to the northwest corner of Section 18, Township 37 South, Range 41 East; thence east on the north line of said Section 18 and other sections to the waters of the Atlantic Ocean; thence easterly to the eastern boundary of the State of Florida; thence southward along the coast,

4 including the waters of the Atlantic Ocean within the jurisdiction of the State of Florida, to the south line of Section 20, Township 40 South, Range 43 East, produced easterly; thence west on the south line of said Section 20, and other sections, to the southwest corner of Section 22, Township 40 South, Range 42 East; thence south on the east line of Section 28, Township 40 South, Range 42 East, to the southeast corner of said Section 28; thence west on the south line of said Section 28 and other sections to the east shore of Lake Okeechobee; thence continue west in a straight course to the northeast corner of Section 36, Township 40 South, Range 34 East, being the southwest corner of Section 30, Township 40 South, Range 35 East, thence northeasterly in a straight course to the line of normal water level on the boundary of Lake Okeechobee at its intersection with the line dividing Ranges 36 and 37 East, Township 38 South; thence north on said range to the place of beginning; less and except all incorporated municipalities. PART FOUR. Sections through and including Section are hereby deleted in their entirety. PART FIVE. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of Martin County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART SIX. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout Martin County s jurisdiction. PART SEVEN. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance of any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART EIGHT. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, 401 South Monroe Street, Elliot Building, Tallahassee, Florida PART NINE. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART TEN. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts Seven through and including Ten shall not be codified. DULY PASSED AND ADOPTED THIS 23RD DAY OF SEPTEMBER, ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

5 MARSHA STILLER, CLERK MARSHAL L. WILCOX CHAIRMAN _ APPROVED AS TO FORM AND CORRECTNESS: GARY K. OLDEHOFF COUNTY ATTORNEY _ /data/legal/wpfiles/mef/ordinance/mstu