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Item T1 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date April 21, 2004 Division County Attornev AGENDA ITEM WORDING Public hearing of an ordinance to provide that ad valorem revenue raised by the MSTU together with land and grant funds may be used to pay compensation and expense reimbursement to the members of the Key Largo Wastewater Treatment District Governing Board. ITEM BACKGROUND PREVIOUS RELEVANT BOCC ACTION Approval to advertise for one public hearing at the March 17, 2004 meeting. CONTRACT/AGREEMENTCHANGES STAFF RECOMMENDATIONS Approval. TOTAL COST BUDGETED Yes No COST TO COUNTY SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL(] A~ s:- 03 ~y ~ JOHN R. COLLINS DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # ~I County Attorney ORDINANCE NO. - 2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 17-2003 CODIFIED AS ART. VIII, CHAP. 15.5, MONROE COUNTY CODE, CREATING THE KEY LARGO WASTEWATER TREATMENT DISTRICT MUNICIPAL SERVICE TAXING UNIT (MSTU), IN ORDER TO PROVIDE THAT AD VALOREM REVENUE RAISED BY THE MSTU TOGETHER WITH THE PROCEEDS OF ANY GRANT OR LOAN TO THE KEY LARGO WASTEWATER TREATMENT DISTRICT MAY BE USED TO PAY COMPENSATION AND EXPENSE REIMBURSEMENT OF THE MEMBERS OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT GOVERNING BODY; PROVIDING THAT SUCH REVENUE MAY BE USED TO PAY CERTAIN OTHER ADMINISTRATIVE COSTS AS DEFINED HEREIN; PROVIDING FOR SEVERABILITY; 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: Section 1. Sec. SA of Ordinance No. 17-2003, codified as Sec. lS.S-12S(a), Monroe County Code, is hereby amended to read: (a) Revenues derived from ad valorem taxes levied within the Key Largo Wastewater Treatment District Municipal Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and provide funding for administration, planning and development costs associated with and incurred in advancing of wastewater and reclaimed water projects within and benefiting the Key Largo Wastewater Treatment District Municipal Service Taxing Unit. For the purposes of this Subsection the phrase administration costs shall include the compensation and expense reimbursement of Key Largo Wastewater Treatment District (District) governing board members. Administration costs shall also include legal fees and expenses. consultant fees and exoenses (including but not limited to all professions listed in Sec. 287.0SS(2)(a).Fla. Stat.). employee salaries and benefits. bond underwriting fees and all other costs usually associated with issuance of debt. the reimbursement of any public or private entity. person. firm. partnershio or corporation for any monies advanced to further the District ourposes. and all other expenses as may be necessary or incidental to the furtherance of District ourposes. Administration costs. as described in this subparagraoh. may also be oaid for out of the oroceeds of any grant or loan made by the Unit or County to the District unless specifically prohibited by the terms of such grant or loan. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. 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 2004. Mayor Nelson Mayor Pro Tem Rice Commissioner McCoy Commissioner Neugent Commissioner Spehar (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk jordwwKLgb Mayor/Chairperson MONROE COU ~. v. NTY.ATTORNEY (>~~M: ROSE ... CH/IIU,JJ'/It". .. . O&.F.= Olltll_~, - f~d2fJ!1;~ffo"N'Y --.--- ~-~ BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date April 21, 2004 Division County Attorney AGENDA ITEM WORDING Public hearing of an ordinance to provide that ad valorem revenue raised by the MSTU together with land and grant funds may be used to pay compensation and expense reimbursement to the members of the Key Largo Wastewater Treatment District Governing Board. ITEM BACKGROUND PREVIOUS RELEVANT BOCC AcnON CONTRACT I AGREEMENT CHANGES Approval to advertise for one public hearing at the March 17, 2004 meeting. STAFF RECOMMENDAnONS Approval. TOTAL COST BUDGETED Yes No COST TO COUNTY SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVALq &~S" 03 ~y JOHN R. COLUNS DOCUMENTATION: Included 0 To Follow 0 Not Required 0 1.1- Keyi.R>c/ Ord. AGENDA ITEM # County Attorney ORDINANCE NO. - 2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 18-2003 CODIFIED AS ART. VIII, CHAP. 15.5, MONROE COUNTY CODE, CREATING THE KEY LARGO WASTEWATER TREATMENT DISTRICT MUNICIPAL SERVICE TAXING UNIT (MSTU), IN ORDER TO PROVIDE THAT AD VALOREM REVENUE RAISED BY THE MSTU TOGETHER WITH THE PROCEEDS OF ANY GRANT OR LOAN TO THE KEY LARGO WASTEWATER TREATMENT DISTRICT MAY BE USED TO PAY COMPENSATION AND EXPENSE REIMBURSEMENT OF THE MEMBERS OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT GOVERNING BODY; PROVIDING THAT SUCH REVENUE MAY BE USED TO PAY CERTAIN OTHER ADMINISTRATIVE COSTS AS DEFINED HEREIN; 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: Section 1. Sec. SA of Ordinance No. 18-2003, codified as Sec. lS.S-12S(a), Monroe County Code, is hereby amended to read: (a) Revenues derived from ad valorem taxes levied within the Key Largo Wastewater Treatment District Municipal Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and provide funding for administration, planning and development costs associated with and incurred in advancing of wastewater and reclaimed water projects within and benefiting the Key Largo Wastewater Treatment District Municipal Service Taxing Unit. For the ourooses of this Subsection the ohrase administration costs shall include the comoensation and exoense reimbursement of Key Largo Wastewater Treatment District (District) aovernina board members. Administration costs shall also include leaal fees and exoenses. consultant fees and exoenses (jncludina but not limited to all orofessions listed in Sec. 287.0SS(2)(a).Fla. Stat.). emoloyee salaries and benefits. bond underwritina fees and all other costs usually associated with issuance of debt. the reimbursement of any oublic or orivate entity. oerson. firm. oartnershio or corooration for any monies advanced to further the District ourooses. and all other exoenses as may be necessary or incidental to the furtherance of District ourooses. Administration costs. as described in this suboaraaraoh. may also be oaid for out of the oroceeds of any arant or loan made by the Unit or County to the District unless specificallY orohibited by the terms of such arant or loan. Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. 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 2004. Mayor Nelson Mayor Pro Tern Rice Commissioner McCoy Commissioner Neugent Commissioner Spehar (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk jordwwKLgb Mayor/Chairperson j; 1 ,~' (f- ~ I , ~/ I I . / i . '1 ( L lot, ~ cf' f~~)