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HomeMy WebLinkAbout1401-20 Consenting Ordinance for MSTU INSTR#2020092474 OR BK 10117 PG 119 Page 1 of 2 06/11/2020 10:07 AM Rcpt:2170560 Rec:18.50 DS:0.00 IT:0.00 Nikki Alvarez-Sowles,Esq.,Pasco County Clerk&Comptroller ORDINANCE NO.1401-20 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, REQUESTING AND CONSENTING TO THE INCLUSION OF THE BOUNDARIES OF THE CITY OF ZEPHYRHILLS,FLORIDA WITHIN A PASCO COUNTY MUNICIPAL SERVICE TAXING UNIT TO PROVIDE FIRE RESCUE SERVICES; PROVIDING FOR ANNUAL RENEWAL OF SUCH REQUEST AND CONSENT;PROVIDING FOR A PROCEDURE FOR THE CITY TO WITHDRAW ITS CONSENT TO INCLUSION WITHIN SUCH MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR FINDINGS, SEVERABILITY, CONFLICTS, NON- CODIFICATION,AND AN EFFECTIVE DATE. WHEREAS, The City of Zephyrhills and Pasco Coun`y jointly desire to accomplish certain public health and welfare objectives relating to the fire protection services within the boundaries of the City of Zephyrhills for the benefit of the health,safety,and welfare of the public; and WHEREAS, the City of Zephyrhills and Pasco County have entered into an interlocal agreement for the County to provide fire protection services including fire suppression and emergency response within the municipal boundaries of the City of Zephyrhills;and WHEREAS,Chapter 125 and Chapter 166,Florida Statutes,authorizes municipalities in counties to jointly provide Health and welfare services in the best interest of the citizens of the County,to include the creation by a County of taxing units within the City with the City's specific consent;and WHEREAS,on December 18th,1979,the Pasco County Board of County Commissioners adopted Ordinance 79-28 which consolidated several smaller fire districts into the Pasco County Municipal Fire Service Taxing Unit(MSTU);and WHEREAS, on June 12"', 2001, the Pasco County Board of County Commissioners adopted an amendment to the MSTU with Ordinance 01-012;and WHEREAS,on August 15th, 2017, the Pasco County Board of County Commissioners adopted an additional amendment to the MSTU with Ordinance 17-28;and WAFREAS,City Council of the City of Zephyrhills has determined that the inclusion of the incorporated area of the City of Zephyrhills,Florida within Pasco County's Fire Rescue MSTU for the purpose of providing funding for the fire suppression and fire rescue services within the City is the best interest of the citizens and the owners of property within the boundaries of the City of Zephyrhills. NOW, THEREFORE BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF ZEPHYRHILLS,FLORIDA AS FOLLOWS:I SECTION 1: WHEREAS CLAUSES.The above Whereas clauses are hereby adopted and incorporated herein. SECTION 2:REQUEST AND CONSENT OF THE CFTY OF ZEPHYRHILLS.The City Council of the City of Zephyrhills hereby requests and consents to the inclusion of all of the incorporated area of the City of Zephyrhills,Florida,within the Pasco County Fire Rescue MSTU, :` a municipal service taxingunit established bythe Countyto r�ovide fire suppression and fire f. • P P PP rescue services, facilities, and programs. Such request and consent shall become effective upon adoption of this Ordinance for the upcoming fiscal year.The City Council finds that the provision of fire rescue services has an essential municipal purpose. SECTION 3: ANNUAL RENEWAL OF REQUEST AND CONSENT; PROCEDURE FOR CITY'S WITHDRAWAL OF CONSENT. Request and consent of the City Council of the City of!Zephyrhills given to the County by this Ordinance shall be deemed given in advance for each,fiscal year hereafter and shall be automatically renewed for each succeeding fiscal year unless such request and consent is substantially withdrawn as provided -1- OR BK 10117 P0120 Page 2 of 2 herein.The City of Zephyrhills may only withdraw such consent fpr any subsequent fiscal year by adopting an ordinance which revokes its consent and providing a certified copy of such ordinance to the County Administrator prior to May 1'proceeding the fiscal year for which the consent is being withdrawn. SECTION 4: SEVERABILITY. The provisions of this Ordinance are severable and if any section,subsection,sentence,clause,phrase,or portion of this Ordinance,or application hereof is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate,distinct,and independent provision and such .; holding shall not affect the validity of the remaining portions of thereof. SECTION 5: CONFLICTS. All ordinances and parts of ordinances and all resolutions and parts of resolutions conflict herewith,are hereby repealed. SECTION 6:EFFECTIVE DATE:This Ordinance shall take effect immediately upon its adoption. The fougoiingt%plinance No. 1401-20 was read and passed on the first reading in virtu. session with*quonnn ting and voting through Comm ,' -tions Media Technology on thi 11th day of)S4y,2020. Attest: • 0 � l_� •i> Lori L.Hillman,City Clerk -nneth� M. urgess, , ouncil ' esident v` • .: The foci ing.O'rd Ordinance No. 1401-20 was read and passed on the second reading following a public htatinOlgough Communications Media Technology with a quorum attending and voting in persbr}oYi thin eragy of June,2020. • Attest ,7!i0�� Lou L.Hillman,City Clerk Charles E.Proctor,Council voting in • The for'OgnitiOdiitance No. 1401-20 was approved by me this this 8th day of June,2020. '114. rGit� Ge, Whitfield, (yor As approved to legal form and legal content for the reliance f the City of Zephyrhills only: /7/7- Matthew E.Maggard,Ci Attorney -2-