Item R1
*TIME CERTAIN 3:00 P.M. *
PUBLIC HEARING
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 2 L 2006 - MAR
Division: County Attorney
Bulk Item: Yes ----X- No
Department: County Attorney
Staff Contact Person: Susan Grimsley_ #3477
AGENDA ITEM WORDING:
Continuation of the public hearing from May 16, 2006 to June 21, 2006 to consider adoption of an
ordinance repealing Sections 15.5-81 through 15.5-85 of the Monroe County Code which created the
Marathon Municipal Service Taxing Unit.
ITEM BACKGROUND:
The BOCC enacted ordinance(s) establishing the Marathon Municipal Service Taxing Unit to provide
for the collection of ad valorem taxes to provide funding for wastewater services for the area within the
district and define its boundaries. On October 25, 2005, the City of Marathon entered into an
Interlocal Agreement with the Florida Keys Aqueduct Authority and now has the authority to deal with
all issues concerning wastewater, pursuant to its municipal powers, which include the authority to levy
its own ad valorem taxes for this purpose.
PREVIOUS RELEVANT BOCC ACTION:
On 12/18/02 BOCC approved Ordinance No. 035-2002 establishing the Marathon MSTU.
On 5/12/03 BOCC approved Ordinance 017-2003 amending its boundaries.
On 4/19/06, the BOCC approved the scheduling of a public hearing to consider the repeal of Sections
15.5-81 through 15.5-85 to abolish the Marathon MSTU.
5/16/2006 BOCC continued public hearing to 6/21/06.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTB_ Year
APPROVED BY: County Atty _
To Follow_
Not Required_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
DISPOSITION:
Revised 2/27/01
AGENDA ITEM #
ORDINANCE NO. -2006
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, REPEALING SECTIONS 15.5-81
THROUGH 15.5-85 OF THE MONROE COUNTY CODE WHICH
CREATED THE MARATHON MUNICIPAL SERVICE TAXING UNIT
FOR THE COLLECTION OF AD VALOREM TAXES AND PROVIDED
FUNDING FOR WASTEWATER SERVICES FOR THE AREA
WITmN THE DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Florida Statute Section Sec. l25.(1)(q) authorizes a county to establish and abolish
municipal service taxing units within a municipality if the governing board of the municipality
passes an ordinance consenting to the tax; and
WHEREAS, Board of County Commissioners passed Ordinance No. 035-2002 on December 18,
2002 establishing the Marathon Municipal Service Taxing Unit, subsequently amending its
boundaries by Ordinance 017-2003 enacted on May 12, 2003; and
WHEREAS, the City of Marathon passed a consenting ordinance as required under Florida
Statute Sec. 125.01(l)(q); and
WHEREAS, the City of Marathon has authority to deal with all issues concerning wastewater
pursuant to its municipal powers and an interlocal agreement with the Florida Keys Aqueduct
Authority dated October 25,2005; and
WHEREAS, the City of Marathon has the authority to levy its own ad valorem taxes for the
purposes of dealing with wastewater, making such a levy by Monroe County through a municipal
services taxing unit unnecessary;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Sections 15.5-81 through 15.5-85 of the Monroe County Code of
Ordinances are hereby repealed.
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
Monroe County Code of Ordinances, as an addition or amendment thereto, and if necessary, shall
be appropriately renumbered to conform to the uniform numbering system of the Code.
Section 5. lbis 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
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
Commissioner Glenn Patton
(SEAL)
Attest: DANNY L.KOLHAGE, CLERK
BOARD OF COUNlY COMMISSIONERS
OFMONROECOUNTY,FLOIDDA
By
By
Deputy Clerk
Mayor
MONROE COUNTY ATTOIllN
A.p'-ROVED AS TO E
Date