Item U8
BOARD OF COUNTY COMMISSION
AGENDA ITEM SUMMARY
Meeting Date: 5/18/05 - KL
Division County Attorney's Office
Bulk Item: Yes 1L-
No
Staff Contact Person: Suzanne Hutton
AGENDA ITEM WORDING:
Emergency Approval of an Ordinance correcting legal descriptions ofMSTU's created through
Ordinance No. 38-2004.
ITEM BACKGROUND:
MSTU's were established through Ord. 38-2004 for wastewater and reclaimed water purposes for
Stock Island, Summerland/Cudjoe/Lower Sugarloaf, Big Pine, Conch Key/Duck Key, and Layton/Long
Key. Upon the Property Appraiser attempting to set up the districts on his GIS mapping system, it
became apparent that certain parts of the intended districts were excluded and areas of municipalities
that should have been excluded were included in the legal descriptions of the ordinance. This
ordinance is needed to correct those districting boundaries so that the taxes may be included on the
annual tax bill for 2005. The time at which this was discovered and the time to ascertain the
corrections needed did not allow sufficient time to go through the customary notice and public hearing
process. If approved, this ordinance will be noticed for a public hearing so that the public can provide
input and the ordinance repealed if determined in the best interests of the public.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 038-2004 was enacted to establish the municipal service districts.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMBlPurchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
JOHN R. COLLINS, COUNTY ATTORNEY
DOCUMENTATION:
Included
X
Not Required_
DISPOSITION:
Revised 2/05
AGENDA ITEM #
()J
\0
o
ORDINANCE NO. - 2005
AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING
CHAPTER 15.5, MONROE COUNTY CODE, IN ORDER TO PROVIDE
REVISED LEGAL DESCRIPTIONS OF MUNICIPAL SERVICE TAXING
UNITS SET FORTH IN ORDINANCE NO. 038-2004 FOR STOCK
ISLAND, SUMMERLAND/CUDJOE/UPPERSUGARLOAF, BIG PINE, AND
CONCH KEY/DUCK KEY; 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. LEGISLATIVE FINDINGS. It is hereby ascertained, determined
and declared that:
(A) Monroe County, pursuant to its authority under Section 125.01(1)(q),
Florida Statutes, did enact Ordinance No. 038-2004 to establish municipal service
taxing units (MSTU's) for the purposes of assessing and collecting taxes to pay
for administration, planning and development costs associated with and incurred
in advancing wastewater and reclaimed water projects for the following units:
Stock Island, Summerland/Cudjoe/Upper Sugarloaf, Big Pine, Conch Key/Duck
Key, and Long Key/Layton.
(B) The legal descriptions of those taxing units or districts, except the Long
Key/Layton MSTU, contained errors and cannot be used for purposes of
assessing the affected properties in a fair and equitable manner.
(C) The Property Appraiser of Monroe County has advised that in order to place
the taxes authorized by the existing provisions of the Monroe County Code on
the tax bill, it is necessary to immediately revise the legal descriptions of the
MSTU's.
(D) The purpose of this Ordinance is to revise the legal descriptions
erroneously set forth in Ordinance No. 038-2004.
(E) The time period between the determination of the inaccuracy of the legal
descriptions and the ascertainment of corrected legal descriptions was not
sufficient to prepare an ordinance revising the legal descriptions of the MSTUs for
presentation to the Board, so that the Board could approve placing the
~C/
advertisement required to enact the ordinance under the regular enactment
procedure set forth in section 125.66, Florida Statutes.
(F) The Conch Key and Duck Key MSTU's should be separated into two separate
units, one for Conch Key and one for Duck Key in order to facilitate the Property
Appraiser's mapping responsibilities.
Section 2. DECLARATION OF EMERGENCY.
(A) Based upon the legislative findings set forth in Section 1 here, a
four-fifths vote of the Board hereby waives the notice requirements of section
125.66(2), Florida Statutes, finding that an emergency exists requiring the
immediate adoption of this ordinance.
(B) Subsequent to the adoption of this emergency ordinance, the Board
shall advertise, adopt, and ratify this emergency ordinance pursuant to section
125.66, Florida Statutes.
Section 3. Section 15.5-161(a), Monroe County Code, shall be revised to read:
Sec. 15.5-161. Created.
(a) Pursuant to the provisions of F.S. 9 125.01(1)(q), there is hereby created a
Municipal Service Taxing Unit to be known as the Stock Island Municipal Service
Taxing Unit. The Stock Island Municipal Service Taxing Unit shall encompass QJl
of Stock Island located south of the centerline of US Highway NO.1 (State Road
No.5). and lying east of Cow Key Channel and west of Boca Chica Channel fB
th~t portion of the unincorpor~ted ~re~ on Stock Isl~nd loc~ted in Section 35,
Township 67 South, R~nge 25 E~st, lying south of US High'H~Y No. 1 (St~te Ro~d
No. 5) ~nd (2) th~t portion of the unincorpor~ted ~re~ on Stock Isl~nd loc~ted in
Section 26 ~nd 35, Township 67 South, R~nge 25 E~$t, bounded on the north,
e~st ~nd west by the centerline of US High'N~Y No. 1 (St~te Ro~d No.5).
Section 4. Article XI, Chapter 15.5, Monroe County Code shall be revised to
read:
ARTICLE XI. CUDJOE - SUGARLOAF MUNICIPAL SERVICE TAXING UNIT
SU~~~~ERLAND CUDJOE UrrER SUGARLOAF ~~UNIClrAL SERVICE TAXING
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Sec. 15.5-171. Created.
(a) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there
is hereby created a Municipal Service Taxing Unit to be known as the
Summerl~nd Cudjoe Upper Sug~rlo~f Cudjoe - Sugarloaf Municipal Service
Taxing Unit. The Summerl~nd Cudjoe Upper Sug~rlo~f Cudjoe - Sugarloaf
Municipal Service Taxing Unit shall encompass that portion of the unincorporated
area bounded on the west by Lo'^,er Sug~rlo~f Ch~nncl, on the e~st by Niles
Ch~nncl, on the south by the Atl~ntic Oce~n and on the north by the Gulf of
~~exico (bet'Neen ~~ile ~~~rkers 16 ~nd 26), ~~onroe County, Florid~ Shark Key
Channel and on the east by Kemp Channel. less the area encompassed in the
Baypoint MSTU as described in Ordinance 037-2002.
(b) The Board is hereby authorized, in the manner and under the authority
provided by section 125.01(1)(q), Florida Statutes, to levy and collect ad
valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and
personal property within the Summerl~nd Cudjoe Upper Sug~rlo~f Cudjoe -
Sugarloaf Municipal Service Taxing Unit, commencing with the County fiscal year
beginning October 1, 2005. The imposition of ad valorem taxes, as authorized
herein, shall cease after four consecutive fiscal years and the Summerl~nd
Cudjoe Upper Sug~rlo~f Cudjoe - Sugarloaf Municipal Service Taxing Unit
shall terminate on September 30, 2010.
(c) Revenue derived from ad valorem taxes levied in the Summerl~nd
Cudjoe Upper Sug~rlo~f Cudjoe - Sugarloaf Municipal Service Taxing Unit
shall be used solely for the administration, planning and development costs
associated with and incurred in advancing wastewater and reclaimed water
projects within and benefiting the Summerl~nd Cudjoe Upper Sug~rlo;)f
Cudjoe - Sugarloaf Municipal Service Taxing Unit. The Board shall adopt a
budget for the Summerl;)nd Cudjoe Upper Sug;)rlo~f Cudjoe - Sugarloaf
Municipal Service Taxing Unit for the County fiscal year beginning October 1,
2005 and each fiscal year thereafter, at the same time and in the same manner
as the County budget.
Section S. Sec. 15.5-181 (a), Monroe County Code is hereby amended to read
as follows:
Sec. 15.5-181. Created.
Pursuant to the provisions of F.S. 9 125.01(1)(q), there is hereby created a
Municipal Service Taxing Unit to be known as the Big Pine Municipal Service
Taxing Unit. The Big Pine Municipal Service Taxing Unit shall encompass that
portion of the unincorporated area bounded on the west by Nile Ch~nncl, on the
e~st by west end of the Seven ~~i1e Bridge, on the south by the Atl~ntic Ocean,
and on the north by the Culf of ~~exico (between ~~ile ~~;)rkers 26 ~nd 40),
~~onroe County, Florid~ Kemp Channel and on the east by the west end of the
Seven Mile Bridge less No Name Key.
Section 6. ARTICLE XIII, Monroe County Code is hereby amended to read as
follows:
Sec. 15.5-191. CONCH KEY MUNICIPAL SERVICE TAXING UNIT Created.
(a) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there
i$ hereby created a Municipal Service Taxing Unit to be known as the Conch Key
Duck Key Municipal Service Taxing Unit. The Conch Key Duck Key Municipal
Service Taxing Unit shall encompass that portion of the unincorporated area
bounded on the west by Tom's Harbor Cut, and on the east by Long Key
Channel-,-, on the south by the Atkmtic Oce~n, ~nd on the north by Florid~ B~y
(bet\\'een ~~ile ~1~rkers 62 ~nd 63), ~1onroe County, Florid~, less ~nd except the
isl~nd known ~s Conch Key, ~nd the ~re~ of Duck Key known ~s H~wk's C~y ~nd
served by the Duck Key W~ste'I..~ter Cooper~tive.
(b) The Board is hereby authorized, in the manner and under the authority
provided by section 125.01(1)(q), Florida Statutes, to levy and collect ad
valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and
personal property within the Conch Key Duck Key Municipal Service Taxing
Unit, commencing with the County fiscal year beginning October 1, 2005. The
imposition of ad valorem taxes, as authorized herein, shall cease after four
consecutive fiscal years and the Conch Key Duck Kcy Municipal Service Taxing
Unit shall terminate on September 30, 2010.
(c) Revenue derived from ad valorem taxes levied in the Conch Key Duck
~Municipal Service Taxing Unit shall be used solely for the administration,
planning and development costs associated with and incurred in advancing
wastewater and reclaimed water projects within and benefiting the Conch Key -
Duck Key Municipal Service Taxing Unit. The Board shall adopt a budget for the
Conch Key Duck Key Municipal Service Taxing Unit for the County fiscal year
beginning October 1, 2005 and each fiscal year thereafter, at the same time and
in the same manner as the County budget.
Sec. 15.5-191A. DUCK KEY MUNICIPAL SERVICE TAXING UNIT Created.
(a) Pursuant to the provisions of section 125.01(1)(q). Florida Statutes. there
is hereby created a Municipal Service Taxing Unit to be known as the Duck Key
Municioal Service Taxing Unit. The Duck Key Municipal Service Taxing Unit shall
encompass that portion of the unincorporated County bounded on the north by
U.S. Highwav 1. on the west by Tom's Harbor Channel. on the South by Hawk's
Channel. and on the East by Tom's Harbor Cut: an area commonly known as
"Duck Key. including islands known as Center Island. Harbor Island. Plantation
. Island. and Yacht Club Island. but excluding Indies Island.
(b) The Board is hereby authorized. in the manner and under the authority
provided by section 125.01(1)(q). Florida Statutes. to levy and collect ad
valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and
personal property within the Duck Key Municipal Service Taxing Unit.
commencing with the County fiscal year beginning October 1. 2005. The
imposition of ad valorem taxes. as authorized herein. shall cease after four
consecutive fiscal years and the Duck Key Municipal Service Taxing Unit shall
terminate on September 30. 2010. .
(c) Revenue derived from ad valorem taxes levied in the Duck Key Municipal
Service Taxing Unit shall be used solely for the administration. planning and
development costs associated with and incurred in advancing wastewater and
reclaimed water projects within and benefiting the Duck Key Municipal Service
Taxing Unit. The Board shall adopt a budget for the Duck Key Municipal Service
Taxing Unit for the County fiscal year beginning October 1. 2005 and each fiscal
year thereafter. at the same time and in the same manner as "the County
budget.
Section 7. 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 8. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 9. 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 10. 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 18th day of May,
2005.
Mayor Dixie M. Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David Rice
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, I10rida 33050
Voice: (305~ 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Dixie Spehar, Dist. 1
Mayor Pro Tern Charles "Sonny" McCoy, Dist. 3
Commissioner Murray E. Nelson, Dist. 5
Commissioner George Neugent, Dist. 2
Commissioner David P. Rice, Dist.4
MEMORANDUM
To:
Monroe County Board of County Commissioners ~
K. Marlene Conaway, Director, Planning and Environmental Resources ~
From:
Date:
May 13, 2005
Re:
Agenda Item U-7: IDa-Working Waterfronts - Updated Status since BOCC packet for
5/18/05
BOCC MEETING DATE: May 18, 2005
Staff recommends the following changes to Agenda Item U-7: Working Waterfronts Interim
Development Ordinance:
· Section 11, which addresses Vested Rights, should be changed to read "... a vested rights
application setting forth facts establishing the applicant met, prior to March 1. 2005 prier to
, the
vested rights standards... "
· Section 17 of the IDa should be deleted. This repealer language is provided for in Section 10.
In reviewing the IDa, with the changes mentioned above, the Planning Commission on 5/11/05,
voted 3-2 to recommend to the BOCC denial of the IDa.
On 5/5/05, the Florida Legislature (House and Senate) passed the House version of the
Working Waterfronts legislative bill. The bill (HB 0955-ER) now moves to the Governor's desk
for signature. Once signed, the bill will be effective 1/1/06. The bill provisions include:
~ Requiring the future land use plan element of a local comprehensive plan for a coastal
county to include criteria and regulatory incentives to encourage the preservation of
recreational and commercial working waterfronts; and
~ Providing for tax deferral for recreational and commercial working waterfront
properties; and
~ Providing for grant funding for public access such as boat ramps.
10f1