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Item R3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 15, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval to advertise an Ordinance creating the Breezeswept Beach Estates Municipal Service Culvert District with authority to levy a one time per lot assessment in order to remove an existing culvert and install a larger culvert. ITEM BACKGROUND: Property Owners Association has requested referendum. PREVIOUS RELEVANT BOCC ACTION: CONTRACT I AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to advertise for public hearing in Marathon on June 19, 2002 TOTAL COST: BUDGETED: Yes 0 No 0 COST TO COUNTY: APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL~~ AME . HENDRICK DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # ~u Board of County Commissioners ORDINANCE NO. - 2002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CREATING THE BREEZESWEPT BEACH ESTATES MUNICIPAL SERVICE CULVERT DISTRICT WITH AUTHORITY TO LEVY A ONE TIME PER LOT ASSESSMENT OF APPROXIMATELY $400 FOR THE REMOVAL OF ONE EXISTING CULVERT AND INSTALLATION OF A CULVERT OF LARGER CAPACITY IN THE SAME LOCATION TO IMPROVE THE WATER QUALITY OF THE SEVENTEEN CANALS WITHIN THE DISTRICT; PROVIDING THAT THE ASSESSMENTS MAY BE COLLECTED AS NON-AD VALOREM ASSESSMENTS OR AD VALOREM ASSESSMENTS; PROVIDING FOR SEVERABIUTY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: Section 1. The Breezeswept Beach Estates Municipal Service Culvert District (hereafter District) is created under Sec. 125.01(1)(q) and (r), Fla. Stat. The District consists of the Breezeswept Beach Estates Subdivision, Plat Book 4 at Page 143. The Monroe County Board of County Commissioners has determined that the real property in the District will be specially benefited by the improvements described in Section 3. Section 2. The governing body of the District is the Monroe County Board of County Commissioners. The Chairman of the governing body is the Mayor. Section 3. The District purpose is to improve the water circulation and quality of the canals located in the District through removal of an undersized culvert and installation of a larger capacity culverts in approximately the same location underlying Block 19, Lots 3 and 4 of Breezeswept Beach Estates Subdivision. The governing body has all the authority granted by general law necessary to carry out the District purpose including borrowing funds through the sale of District tax anticipation notes or warrants. Section 4. The estimated cost of the removal of the old culvert and the installation of a larger capacity culvert, including design and administrative cost, required to improve the water circulation in the District canals is approximately $336,000. That estimate, when broken down on a per lot basis, is approximately $670 per lot. Therefore, each lot in the District is to be assessed the amount of $670, without regard to lot ownership unless the owner is exempt under state law. The per lot assessment may be increased by the sum necessary to cover the expense of borrowing the estimated installation costs through tax anticipation notes or warrants if the governing body so elects. The District assessments may be collected as non-ad valorem assessments or as ad valorem assessments by Florida Statute. The method of assessment shall be set by resolution of the Board of County Commissioners. In addition, the District budget must be approved under all general laws applicable to the adoption and preparation of county budgets. Section 5. The District funds must be received, held and secured by the Clerk of the Circuit Court in the same way as other County funds. The District funds must be maintained in a separate account and may only be used for the purposes authorized by this ordinance. The District funds may only be disbursed on the direction of the governing body under a requisition signed by the Chairperson/Mayor and countersigned by the Clerk. Section 6. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity . Section 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 8. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 9. This ordinance must be filed in the Office of the Secretary of State of the State of Florida, but will not take effect until a referendum approving the ordinance has been passed by a majority of the electors of the District voting in the referendum, and an easement for the proposed culvert has been granted and recorded in the Official Records of Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2002. Mayor Charles McCoy Mayor Pro Tem Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson jdTDord '. NOTICE OF REFERENDUM NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the Board of County Commissioners of Monroe County, Florida, have caused to be placed on the ballot at the General Election in Monroe County to be held on November 5, 2002, the following referendum question: CREATION OF BREEZESWEPT BEACH ESTATES MUNICIPAL SERVICE CULVERT DISTRICT TO IMPROVE DISTRICT CANAL WATER QUALIlY "SHOULD THERE BE CREATED WITHIN THE BREEZESWEPT BEACH ESTATES SUBDIVISION THE BREEZESWEPT BEACH ESTATES MUNICIPAL SERVICE CULVERT DISTRICT WITH AUTHORIlY TO LEVY A ONE TIME PER LOT ASSESSMENT OF APPROXIMATELY $400 FOR THE REMOVAL OF ONE EXISTING CULVERT AND INSTALLATION OF A CULVERT OF LARGER CAPACIlY IN THE SAME LOCATION TO IMPROVE THE WATER QUALIlY OF THE SEVENTEEN CANALS WITHIN THE DISTRICT?" YES for the creation of the District NO against the creation of the District Only those electors residing in the Breezeswept Beach Estates Subdivision may vote in the referendum. Avisase a los interesados quienes por la presente vieren, que la Junta de Comisionados del Condado de Monroe, la Florida, ha determinado someter a votaci6n durante los Comicios Generales, que tendr~n lugar el 5 de noviembre, 2002, el siguiente asunto en refer~ndum: '" LA CREACION DEL DISTRITO DE SERVICIO MUNICIPAL DE DESAGUE DE BREEZESWEPT BEACH ESTATES PARA MEJORAR LA CAUDAD DEL AGUA EN LOS CANALES DEL DISTRITO . , ; "~ DEBERA CREARSE, DENTRO DE LA URBANIZACION BREEZESWEPT BEACH ESTATES, EL DISTRITO DE SERVICIO MUNICIPAL DE DESAGOE DE BREEZESWEPT BEACH ESTATES, CON AUTORIDAD PARA GRAVAR, UNA SOLA Y UNICA VEZ, UN IMPUESTO POR PARCELA DE APROXIMADAMENTE $400 PARA LA CONSTRUCCI6N DE DESAGOES DE DRANAJE PARA MEJORAR LA CAUDAD DE AGUA EN LOS CANALES DENTRO DEL REFERIDO DISTRITO?" sI para la creaci6'n del distrito NO en contra de la creaci6n del distrito Solamento aquellos votantes residentes en la Urbanizacion Breezeswept Beach Estates padran votar en el referendum. DATED at Key West, Florida, this day of , 2002. (SEAL) DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida NOTICE OF REFERENDUM NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that ,the Board of County Commissioners of Monroe County, Florida, have caused to be placed on the ballot at the General Election In Monroe County to be held on November 5,2002, the following referendum question: CREATION OF BREEZESWEPT BEACH ESTATES MUNICIPAL SERVICE CULVERT DISTRICT TO IMPROVE DISTRICT CANAL WATER QUAUTY "SHOULD THERE BE CREATED WITHIN THE BREEZESWEPT BEACH ESTATES SUBDIVISION THE BREEZESWEPT BEACH ESTATES MUNICIPAL SERVICE CULVERT DISTRICT WITH AUTHORITY TO LEVY A ONE TIME PER LOT ASSESSMENT OF ) APPROXIMATELY $670 FOR THE REMOVAL OF ONE EXISTING CULVERT AND INSTALLATION OF A CULVERT OF LARGER CAPACITY IN THE SAME LOCATION TO IMPROVE THE WATER QUAUTY OF THE SEVENTEEN CANALS WITHIN THE DISTRIcn" YES for the creation of the District NO against the creation of the District Only those electors residing In the Breezeswept Beach Estates Subdivision may vote In the referendum. Avlsase a los Interesados qulenes por la presente vleren, que la Junta de Comlslonados del Condado de Monroe, la Florida, ha determlnado someter a votaclon durante los Comlclos Generales, que tendran lugar el 5 de novlembre, 2002, el sigulente asunto en referendum: LA CREACION DEL DISTRITO DE SERVICIO MUNICIPAL DE DESAGUE DE BREEZESWEPT BEACH ESTATES PARA MEJORAR LA CAUDAD DEL AGUA EN LOS CANALES DEL DISTRITO " DEBERA CREARSE, DENTRO DE LA URBANIZACION BREEZESWEPT BEACH ESTATES, EL DISTRITO DE SERVIOO MUNICIPAL DE DESAGUE DE BREEZESWEPT BEACH ESTATES, CON AUTORIDAD PARA GRAVAR, UNA SOLA Y UNICA VEZ, UN IMPUESTO POR PARCELA DE APROXIMADAMENTE $670 PARA LA CONSTRUCOON DE DESAGUES DE DRANAJE PARA MEJORAR LA CAUDAD DE AGUA EN LOS CANALES DENTRO DEL REFERIDO DISTRITO?" SI para la creaclon del dlstrlto NO en contra de la creaclon del dlstrito Solamento aquellos votantes resldentes en la Urbanlzaclon Breezeswept Beach Estates padran votar en el referendum. DATED at Key West, Florida, this day of , 2002. (SEAL) DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Section 5. The District funds must be received, held and secured by the Clerk of the Circuit Court in the same way as other County funds. The District funds. must be maintained in a separate account and may only be used for the purposes authorized by this ordinance. The District funds may only be disbursed on the direction of the governing body under a requisition signed by the Chairperson/Mayor and countersigned by the Clerk. Section 6. If any section, subsection, sentence, clause or provision of this ordinance Is held invalid, the remainder of this ordinance shall not be affected by such invalidity . Section 7. All ordinances or parts of ordinances In conflict with this ordinance are hereby repealed to the extent of said conflict. Section 8. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 9. This ordinance must be filed in the Office of the Secretary of State of the State of Florida, but will not take effect until a referendum approving the ordinance has been passed by a majority of the electors of the District voting in the referendum, and an easement for the proposed culvert has been granted and recorded In the Official Records of Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2002. Mayor Charles McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson jdTDord Board of County Commissioners ORDINANCE NO. - 2002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CREAnNG THE BREEZESWEPT BEACH ESTATES MUNICIPAL SERVICE CULVERT DISTRICT WITH AUTHORITY TO LEVY A ONE nME PER LOT ASSESSMENT OF APPROXIMATELY $400 FOR THE REMOVAL OF ONE EXI5nNG CULVERT AND INSTALLAnON OF A CULVERT OF LARGER CAPACITY IN THE SAME LOCAnON TO IMPROVE THE WATER QUAUTY OF THE SEVENTEEN CANALS WITHIN THE DISTRICT; PROVIDING THAT THE ASSESSMENTS MAY BE COLLECTED AS NON-AD VALOREM ASSESSMENTS OR AD VALOREM ASSESSMENT~ PROVIDING FOR SEVERABIUTY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORAnON INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFEcnVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: Section 1. The Breezeswept Beach Estates Municipal Service Culvert District (hereafter District) is created under Sec. 125.01(l)(q) and (r), Fla. Stat. The District consists of the Breezeswept Beach Estates Subdivision, Plat Book 4 at Page 143. The Monroe County Board of County Commissioners has determined that the real property in the District will be specially benefited by the improvements described in Section 3. Section 2. The governing body of the District is the Monroe County Board of County Commissioners. The Chairman of the governing body is the Mayor. Section 3. The District purpose is to improve the water circulation and quality of the canals located in the District through removal of an undersized culvert and installation of a larger capacity culverts in approximately the same location underlying Block 19, Lots 3 and 4 of Breezeswept Beach Estates Subdivision. The governing body has all the authority granted by general law necessary to carry out the District purpose including borrowing funds through the sale of District tax anticipation notes or warrants. Section 4. The estimated cost of the removal of the old culvert and the Installation of a larger capacity culvert, Including design and administrative cost, required to Improve the water circulation in the District canals Is approximately $336,000. That estimate, when ~ broken down on a per lot basis, is approximately $670 per lot. Therefore, each lot in the District is to be assessed the amount of $670, without regard to lot ownership unless the owner is exempt under state law. The per lot assessment may be increased by the sum necessary to cover the expense of borrowing the estimated installation costs through tax anticipation notes or warrants If the governing body so elects. The District assessments may be collected as non-ad valorem assessments or as ad valorem assessments by Florida Statute. The method of assessment shall be set by resolution of the Board of County Commissioners. In addition, the District budget must be approved under all general laws applicable to the adoption and preparation of county budgets. KCVI50 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 15, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval to advertise an Ordinance creating the Breezeswept Beach Estates Municipal Service Culvert District with authority to levy a one time per lot assessment in order to remove an existing culvert and install a larger culvert. ITEM BACKGROUND: Property Owners Association has requested referendum. PREVIOUS RELEVANT BOCC AcnON: CONTRACT I AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to advertise for public hearing in Marathon on June 19, 2002 TOTAL COST: BUDGETED: Yes 0 No 0 COST TO COUNTY: APPROVED BY: County Attorney - OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL.cw~ AME . HENDRICK DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # 123 '"