ORDINANCE 1989-9(D)

AN ORDINANCE AMENDING ORDINANCE 1980-1 AS AMENDED BY ORDINANCES 1980-13, 1984-9, 1985-10, AND 1985-23 AND AS CODIFIED AS SECTION 20-1(2) OF THE LAKE COUNTY CODE; PROVIDING FOR FIRE PROTECTION; PROVIDING FOR A SERVICE CHARGE ON VACANT LANDS; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

NOW THEREFORE, BE IT ORDAINED by the board of county commissioners of Lake County, Florida:

Ordinance 1980-1, as amended by Ordinances 1980-13, 1984-9, 1985-10 and 1985-23, and as codified as section 20-1(2) of the Lake County Code, be amended to read as follows:

SECTION 1.01. That a special taxing district to be known as "The Mt. Plymouth fire control district" is hereby created, established and incorporated in Lake County, Florida, which district shall embrace and include the following territory:

Township 19 South, Range 28 East; Sections 3, 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, East ½ of 30, East ½ of 31, 32, 33, Township 19 South, Range 29 East; Sections 19, 20, 21, 28, 29, 30, 31, 32, 33.

SECTION 1.02. Said district shall not include any territory within any incorporated municipality unless said municipality elects to approve the creation of said district and to join in such district by ordinance.

SECTION 2.01. The Mt. Plymouth fire control district shall be governed by the board of county commissioners of Lake County, Florida.

SECTION 2.02. There shall be created an advisory board called the Mt. Plymouth fire control district advisory board. There shall be five (5) members of such advisory board, all of whom shall reside in the Mt. Plymouth fire control district service area. Members of the advisory board shall be appointed by the board of county commissioners of Lake County, Florida. Service area is defined as the area within or without the district in which the district is providing fire service.

SECTION 2.03. Three (3) members of the Mt. Plymouth fire control district advisory board shall be appointed for an initial term of two (2) years. The other two (2) members of the Mt. Plymouth fire control district advisory board shall be appointed for an initial term of four (4) years. Thereafter, all members of the Mt. Plymouth fire control district advisory board shall serve four-year terms.

SECTION 2.04. Should a vacancy in the Mt. Plymouth fire control district advisory board occur, such vacancy shall be filled by appointment by the board of county commissioners of Lake County, Florida.

SECTION 2.05. Members of the Mt. Plymouth fire control district advisory board shall serve without pay. Members shall be reimbursed for any expenditures authorized by resolution of the board of county commissioners of Lake County, Florida.

SECTION 2.06. The Mt. Plymouth fire control district advisory board shall have the following functions and duties:

(1)

To acquire and maintain such information as is necessary to have an understanding of fire control needs in the Mt. Plymouth fire control district.

(2)

To make recommendations to the board of county commissioners as to the needs and operation of the Mt. Plymouth fire control district;

(3)

To perform any other duties assigned to it by the board of county commissioners.

SECTION 3. The board of county commissioners of Lake County as the governing board of the Mt. Plymouth fire control district shall have all powers of a body corporate, including the power to sue and be sued under the name of the Mt. Plymouth fire control district; to contract and be contracted with; to adopt and use a common seal; to acquire, purchase, hold, lease and convey such real and personal property as said board of county commissioners may deem proper or expedient to carry out the purposes of this ordinance.

SECTION 4. The board of county commissioners as the governing board of the Mt. Plymouth fire control district shall not have the power to pledge, hypothecate or otherwise encumber any tax monies levied by virtue of this ordinance, other than those of the current fiscal year.

SECTION 5.01. The board of county commissioners is hereby authorized and empowered to provide fire protection and rescue services for the persons and property located in said district, and may enter into binding contracts to provide fire protection and rescue services to persons, private developers or development located outside the district's boundaries as from time to time may be desirable in the discretion of the board of county commissioners. Such contracts may provide for the payment of a fee. The fee for contractual service shall be the same as fees approved in section six (6) of this ordinance.

The board of county commissioners may also charge user fees for services rendered outside of the district which are not under contract.

SECTION 5.02. The board of county commissioners is hereby authorized and empowered to contract with governmental agencies, taxing districts, nonprofit fire departments, or any other agency or entity or organization which is deemed by the board of county commissioners to be suitably organized to efficiently provide fire protection services for the Mt. Plymouth fire control district. The board of county commissioners shall require that agencies or entities or organizations with whom it has contracted for said fire protection services submit invoices which detail the charges for the services provided.

SECTION 5.03. The board of county commissioners is hereby authorized and empowered to enter into interlocal agreements with governmental agencies, taxing districts, nonprofit fire departments or any other agency or entity or organization for the purpose of rendering mutual aid, or fire protection assistance to both parties of said interlocal agreement.

SECTION 5.04. The board of county commissioners shall have the authority to employ a fire chief and other employees and fix their compensation; to purchase or lease and operate fire fighting and rescue equipment of all kinds; to provide water mains and fire hydrants; to purchase and lease land, and erect thereon fire stations, or other necessary building; to enter in insurance contracts of every kind, nature and description; to purchase, repair, maintain, or store special fire fighting equipment and enter into any joint venture contemplated by the spirit of this ordinance. Said board of county commissioners is further empowered by resolution to adopt or amend rules and regulations governing the operation of said fire control district.

SECTION 6. It shall be the duty of the board of county commissioners annually by resolution to assess and levy against the taxable property within said district a special assessment to be collected and paid into the district fund and to be used by said board of county commissioners for the purposes of providing fire protection within the legal boundaries of the district. The maximum amount of such special assessments in any one (1) year shall be as follows:

(1)

Thirty-five dollars ($35.00) for each residential structure or residential rental space.

(2)

Six cents ($0.06) per square foot of building space for all institutional, commercial and industrial structures, with the minimum assessment at thirty-five dollars ($35.00).

(3)

Ten cents ($0.10) per acre for all agricultural, timber, grazing lands and other agricultural type land and acreage.

(4)

Five dollars ($5.00) per lot or parcel for all vacant lots and parcels not identified above.

(5)

Two cents ($0.02) per square foot, but not to exceed thirty-five dollars ($35.00), for all other structures not listed above which contain a minimum of two hundred fifty (250) square feet.

(6)

Seventy-five dollars ($75.00) per fire fighting unit (vehicle and personnel attached thereto) responding for the first dispatch hour of fire fighting services rendered on vacant land. After the first hour, one dollar ($1.00) per acre of land (or fraction thereof) for which fire fighting services are rendered, per hour for the number of units committee to the fire fight. The owner(s) of said land shall be billed by the department of public safety for services rendered.

SECTION 7. The levy and collection of special assessments imposed by this ordinance shall be in accordance with F.S. § 197.0126 and shall be levied and collected as ad valorem taxes. Should the use of the ad valorem tax process of levy and collection be determined to be inapplicable, or for any reason not allowed, the levy and collection of such special assessments shall be as provided in this section.

The levy of special assessments by the said board of county commissioners shall be by resolution of the said board of county commissioners duly entered into the minutes of said board. Certified copies of said resolution executed in the name of the board by its chairman, under its corporate seal, shall be made and delivered to the clerk of the board of county commissioners of Lake County, Florida. The board of county commissioners shall prepare or cause to be prepared an assessment and collection roll setting forth the description of each lot, building, parcel, or other interest in land, subject to assessment in said district, together with the amount of assessment against said lot or parcel of land, and shall on or before September first of each year, deliver said roll to the county tax collector of Lake County, Florida, for collection of said special assessments; all special assessments shall be assessed against the land subject to such assessment and said roll shall set forth the names of the respective owners of said lands. It shall be the duty of the county tax collector to collect said assessments according to said assessment roll and deliver the whole of such proceeds of such collection, as prescribed by law, less the statutory fee, to the said board of county commissioners. Such special assessments shall be a lien upon the lands so assessed prior indignity to all other liens and assessments against said lands, save and except county taxes, until said assessments are paid. Said assessment shall become a lien on said lands from January first of the year for which said assessment is made, and shall be payable on and after November first of the same year with the same discounts as shall apply to real property taxes, but shall not become delinquent unless unpaid on April first of the following year. The county tax collector shall, upon the payment of the county taxes against any property subject to said special assessments, collect therewith, said special assessments unless such special assessment shall have been sent or paid. In the event any special assessment is not paid on or before the first day of April of the year following that for which said assessment is made, said tax collector shall retain said assessment and collection roll in his possession until he shall deliver to the person appointed by law, the books and records showing delinquent and unpaid county taxes during which time the tax collector may receive payments of said special assessments. When the tax collector shall deliver to the person provided by law, the records of unpaid and delinquent county taxes, he shall deliver to the same person an assessment and collection roll for special assessments and it shall be the duty of such person upon payment or assignment of delinquent county taxes against any of said lands subject to said special assessments to collect therewith such special assessments together with the penalties hereinafter provided, unless the same shall have been paid theretofore, and shall deliver the proceeds of the collection of such assessments, less a statutory fee, monthly to the board of county commissioners for said district in like manner as is required of payment by the county tax collector as hereinabove set forth. The person charged by law with the collection of delinquent county taxes, shall, on payment of such delinquent county taxes against any property subject to said special assessments, collect therewith such special assessment unless such special assessments shall have been sooner paid. Such delinquent special assessments and the lien thereof any be assigned in like manner as the assignment of tax and sales certificated for unpaid county taxes.

If any special assessments be not paid before April first of the year following that for which said special assessment was made, there shall be collected with such special assessment after April first of the year, following that for which the assessment was made, interest from said date at the same rate of per annum provided by law upon county taxes until paid. Said special assessment may be foreclosed in like manner as provided by law for the foreclosure of county tax sales certificates or as provided by law for the foreclosure of mortgages or other liens, and any one or more said delinquent assessments and liens may be foreclosed in one (1) suit, and such suit may be instituted and maintained by the board of county commissioners. In the event of the institution of the suit for foreclosure, the attorney for the complaint shall be entitled to a reasonable fee for his services on said suit which shall be deemed part of the cost of said cause, and the holder of such delinquent assessment and lien shall have a lien upon said property for the amount of said fee to be allowed by the court.

SECTION 8. The board of county commissioners is authorized to pay from the funds of the district all expenses of the organization of said board and all expenses necessary incurred with the formation of said district and all other reasonable and necessary expenses, incurred in carrying out and accomplishing the purposes of this act. This section, however, shall not be construed to limit or destroy any of the powers vested in said board of county commissioners by any other section or provision of this act.

SECTION 9. An annual budget shall be prepared for the district by the board of county commissioners on such forms as may be required by the board of county commissioners. The budget shall be adopted by the board of county commissioners at the same time and in the same manner as the board of county commissioners adopts the county's annual budget and levies taxes as provided by law. Said budget shall contain all or such portion of the planned costs of providing the services authorized herein as the board of county commissioners estimates are necessary to provide such services. As soon as the final budget is adopted a copy shall be filed with the clerk of the board of county commissioners.

Not later than December first of each year, the board of county commissioners shall make and file with the clerk of the circuit court of Lake County a complete statement of the financial condition of the district. A certified audit by a licensed certified public accountant shall be submitted to the clerk of circuit court of Lake County not later than January first of each year. The form of the audit shall be in such format as required by the clerk of the circuit court of Lake County or as required by law.

SECTION 10. It is intended that the provisions of this ordinance shall be liberally construed of accomplishing the purposes authorized and provided for by this ordinance, and where strict construction would result in the defeat of the accomplishment of any part of the purposes authorized by this ordinance, and if a liberal construction would permit or assist in the accomplishment thereof, the liberal construction shall be applied.

SECTION 11. Any clause or section of this ordinance which for any reason may be held or declared invalid, may be eliminated and the remaining portion or portions thereof shall be and remain in full force and be valid, as if such invalid clause or section had not been incorporated therein.

SECTION 12. The board of county commissioners shall have full power and authority to accept all grants, benefits, devises, donations, contributions, gifts, bequests, and offerings made to it for the use of said fire district for the purpose of carrying out the purposes of this ordinance.

SECTION 13. This ordinance shall not be construed as repealing any of the provisions of any other law, general, special or local, pertaining to the said fire district as set out herein, but shall be deemed to supersede such other law or laws in the exercise of the powers provided in this act insofar as such other law or laws are inconsistent with the provision of this act. However, all other laws or parts of laws in conflict herewith are hereby repealed.

SECTION 14. This ordinance shall take effect upon the first and only reading and upon being filed in the Department of State, State of Florida.

DONE AND ORDAINED this thirty-first day of July, 1989 by the board of county commissioners in regular session.