Item Z3
ADD ON
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 20 November 2002
Division:
Growth Management
Bulk Item: Yes
No --1L-
Department"
Marine Resources
AGENDA ITEM WORDING:
Approval to advertise an ordinance creating a Municipal Service Taxing Unit (MSTU) for Key Largo.
ITEM BACKGROUND:
The residents of Key Largo did not pass the referendum that would have provided ad valorem funds for the
operation of the newly created and elected Key Largo Wastewater Utility Board. The Utility Board will meet
on November 19, 2002 to develop their options for funding. One option is to request that the County create an
additional Municipal Services Taxing Unit for the area of the Utility Board's jurisdiction in Key Largo. Should
the Wastewater Utility Board request this action of the BOCC, this item stands as a placeholder, a request to
advertise an MSTU ordinance.
If the Key Largo Wastewater Utility Board chooses to request the MSTU, the BOCC is the only entity that has
the power under Chapter 125, F.S. to adopt the ordinance. The Utility Board should provide formal consent to
the ordinance prior to BOCC adoption in December. The MSTU should be complete by January I, 2003 in
order to be placed on the Tax Bill for Key Largo in the fall.
PREVIOUS RELEVANT BOCC ACTION:
November 2002 - Consideration of other MSTU ordinances
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
NA
TOTAL COST:
To be determined
BUDGETED: Yes
No NA.
COST TO COUNTY: None
REVENUE PRODUCING: Yes ---X- No
Year Unk .
APPROVED BY: County Atty
Risk Management
owth Managemen
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
zj
DISPOSITION:
AGENDA ITEM NO.:
BC02Il70
11/13/022:16 PM
AGENDA ITEM WITH LATE DOCUMENTATION
DlVISION.~)tJ jWfYJNJf
DEPARTMENT )(OJzr ja . ~A.Ll~
SUBJECT~o/~ /z) Of1<)lrl7~ ()/J.. .)
&1dlirwn I' f ~ f#ldir; a. illu/mr;/pd :p-II;a
DATE ITEM WILL BE AVAILABLE II-cJo- {)8...
AGENDA ITEM NUMBER
Interlocal Agreement; Execution Copy
INTERLOCAL AGREEMENT
RELATING TO DELIVERY OF W ASTEW ATER
SERVICES, FACILITIES AND PROGRAMS
BY AND BETWEEN
MONROE COUNTY AND
THE FLORIDA KEYS AQUEDUCT AUTHORITY
ADOPTED DECEMBER , 2002
Interlocal Agreement; Execution Copy
TABLE OF CONTENTS
PAGE
ARTICLE I
INTRODUCTION
SECTION 1.0 I. FINDINGS .... .......... .......... .................................. .... ..... ............ ..... ..... I
SECTION 1.02. CONSTRUCTION AND INTERPRETATION ................................3
SECTION 2.01.
SECTION 2.02.
SECTION 2.03.
SECTION 2.04.
SECTION 3.01.
SECTION 3.02.
SECTION 3.03.
APPEND IX A
APPENDIX B
ARTICLE II
INTERLOCALAGREEMENT
CREATION OF MUNICIPAL SERVICE TAXING UNITS............ 4
INCLUSION OF MUNICIPAL AREAS ........................................... 4
FUNDING OF ADMINISTRATION, PLANNING
AND DEVELOPMENT COSTS .......................................................4
ADVISORY COMMITTEES............................................................ 5
ARTICLE III
GENERAL PROVISIONS
RECORDING; EFFECTIVE DATE .................................................. 6
TERMINATION................................................................................ 6
AMENDMENT .... ..... ..... ............ ....... .... ...... ..... ..... .......... .... ............ ... 6
APPENDICES
FORM OF COUNTY ORDINANCE CREATING MUNICIPAL
SERVICE TAXING UNIT
FORM OF MUNICIPAL ORDINACE CONSENTING TO
CREATION OF MUNICIPAL SERVICE TAXING UNIT
Interlocal Agreement; Execution Copy
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into as of this _rlo/
of November 2002, by and between Monroe County, Florida (the "County"), and the Florida
Keys Aqueduct Authority (the "Authority").
WIT N E SSE T H:
NOW, THEREFORE, in consideration of the mutual covenants herein contained and
for other good and valuable consideration each to the other, receipt of which is hereby
acknowledged by each party, the County and the Authority hereby agree, stipulate and
covenant as follows:
ARTICLE I
INTRODUCTION
SECTION 1.01. FINDINGS. It is hereby ascertained, determined and declared
that:
(A) The Authority is authorized by Chapter 76-441, Laws of Florida, as amended, to
obtain, supply, and distribute an adequate water supply for the Florida Keys and to collect,
treat and dispose of wastewater in the Florida Keys.
(B) The Authority presently owns and operates a potable water treatment and
distribution system, various storage pumping and repumping facilities, water transmission
mains, and various service connections and meters providing water service within Monroe
County and has at the County's urging embarked upon providing central wastewater services,
facilities, and programs within the County.
(C) Although the Authority provides central water facilities and services to the
incorporated and unincorporated areas of Monroe County, the County, with the exception of
the City of Key West, is not served by central sewer facilities normally and generally
provided and maintained by governmental agencies, and, instead, such areas are served by
cesspits, private septic tanks or individually owned on-site disposal systems or package
sewage treatment plants.
(D) The provision of water and wastewater services are so interlocked that the
provision of wastewater can not be effective without the provision of water. The provision of
both water and wastewater services, facilities and programs by a single provider is efficient
and cost effective.
Interlocal Agreement; Execution Copy
(E) The Florida Keys and Monroe County are the home to a complex and dynamic
ecosystem whose environment is threatened by elevated levels of nutrients in surrounding
canals and nearshore waters that are the result of antiquated wastewater disposal systems and
facilities which provide only minimal nutrient removal in the treatment of wastewater.
(F) Monroe County and the Authority have worked to identify funding sources and
grants from local, state and federal sources to advance the provision of central water and
wastewater services, facilities and programs within the County and it is imperative to the
health, safety and welfare of the citizens of the County that the delivery of such services,
facilities and programs be expeditiously advanced.
(G) The initial administration, planning and development of wastewater and
reclaimed water projects by the Authority is problematic in that, notwithstanding the
authorizations and powers available to the Authority, it has no interim revenue source or
general fund to underwrite wastewater project start-up costs. The Authority is currently
faced with several potential wastewater projects throughout the County which merit
immediate attention from an administration, planning and project development standpoint.
(H) The County and Authority desire to cooperatively advance the development and
expansion of the Authority's wastewater systems throughout the County. It is the intent and
desire of the County and Authority to utilize all immediately available resources and focus
the efforts of the County and the Authority to develop an efficient and cooperative approach
to delivering central water and wastewater services, facilities and programs within the
County as expeditiously as possible so as not to lose available funding opportunities
therefore.
(I) In order to assist the Authority in providing start-up funding, the Authority and
the County desire to create a limited funding source for administration, planning and project
development of wastewater and reclaimed water projects in the form of one or more
municipal service taxing units which can be created by a county for specifically identified
service areas within both the incorporated and unincorporated areas ofthe county. Municipal
service taxing units are authorized by Section 125.01(l)(q), Florida Statutes, and allow
counties to levy additional taxes, within the limits fixed for municipal purposes, within each
such municipal service taxing unit under the authority of the second sentence of Section 9(B),
Article VII, of the State Constitution.
(J) A municipal service taxing unit is not constitutionally nor functionally a special
district or separate local government. It is purely a mechanism by which a county can
provide funding for a particular service from the levy of ad valorem taxes, not county-wide,
but within a specific service area or portion of the county. A municipal service taxing unit is
a tax equity tool available to a Board of County Commissioners to, in specific instances,
assure that funds derived from any such levy are in fact used to supply the contemplated
municipal services within the boundaries of the municipal service taxing unit area.
2
Interlocal Agreement; Execution Copy
(K) To the extent any municipal taxing service unit encompasses an incorporated
area, the affected municipality would by law also have to consent by ordinance.
(L) This Interlocal Agreement provides an opportunity for the County and the
Authority to develop a funding source and means for the Authority to administer, plan and
develop wastewater and reclaimed water proj ects and specific budgets therefore within
identified service areas. The creation of municipal service taxing units by the County will
generate start-up funding which will allow the County to obligate itself to pay over an
equivalent amount to the Authority to fund such administrative, planning and project
development costs, and this Interlocal Agreement will obligate the Authority to be
responsible for expending or allocating such funds only in the municipal service taxing unit
from which such funds were collected.
(M) The creation of one or more municipal service taxing units to provide such start-
up funding is a fair and equitable means of providing municipal services to advance the
administration, planning and the initial development of wastewater and reclaimed water
projects to address the lack of central wastewater disposal systems and facilities and the
environmental threats resulting from elevated levels of nutrients in nearshore waters.
SECTION 1.02. CONSTRUCTION AND INTERPRETATION.
(A) Words that indicate a singular number shall include the plural in each case and
vice versa, and words that import a person shall include firms and corporations.
(B) The terms "herein" "hereunder" "hereby" "hereof" and any similar terms shall
, , " ,
refer to this Agreement; the term "heretofore" shall mean before the date of execution of this
Agreement; and the term "hereafter" shall mean on or after the initial date of execution of this
Agreement.
(C) Words that reference only one gender shall include all genders.
(D) This Agreement shall be construed as resulting from joint negotiation and
authorship. No part of this Agreement shall be construed as the product of any one of the
parties hereto.
3
Interlocal Agreement; Execution Copy
ARTICLE II
INTERLOCAL AGREEMENT
SECTION 2.01.
CREATION OF MUNICIPAL SERVICE TAXING UNITS.
(A) Upon request from the Authority identifying with specificity the boundaries of
the proposed municipal service taxing unit area and providing a proposed four (4) year
budget for each such municipal service taxing unit relating to the administration, planning
and development of wastewater and or reclaimed water projects therein, and a proposed
millage required to annually fund such budget, the County agrees to timely consider and in
good faith adopt an ordinance creating one or more municipal service taxing units in
substantially the form of the pro-forma ordinance attached hereto as Appendix A.
(B) Concurrent with the adoption of this Interlocal Agreement, the Authority has
identified and requested that the County adopt ordinances creating municipal service taxing
units in the Conch Key, Baypoint, Big Coppitt and Marathon areas. The Authority has
secured grant funding for a feasibility study relating to sewering the Big Coppitt area and the
County shall have the opportunity to repeal prior to June 1, 2003 any ordinance adopted to
create and fund any municipal service taxing unit in the Big Coppitt area if the County
determines by resolution that the Big Coppitt area can be provided with wastewater services
which meet all required treatment and disposal standards from an existing provider other than
the Authority.
SECTION 2.02. INCLUSION OF MUNICIPAL AREAS. None of the
obligations provided for herein between the County and the Authority shall be effective
within any municipal area until the affected municipality has also consented to the creation of
a municipal service taxing unit by ordinance in substantially the form attached hereto as
Appendix B.
SECTION 2.03. FUNDING OF ADMINISTRATION, PLANNING AND
DEVELOPMENT COSTS.
(A) Upon adoption of an ordinance creating a municipal service taxing unit as
provided for in this Agreement, the County agrees to and shall pay over to the Authority
upon receipt each month between November and April an amount equal to all revenues
actually collected by the County as a result of the levy of ad valorem taxes imposed and
collected as a result of the creation of any such municipal services taxing unit.
(B) The obligation to continue funding the proposed budget from year to year with
each municipal service taxing unit shall be for only four (4) consecutive years of revenue
collection through each municipal service taxing unit.
4
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Interlocal Agreement; Execution Copy
(C) F or each municipal service taxing unit created by the County, the Authority shall
endeavor to separately account for and respectively allocate the administration, planning and
development costs for projects located within and substantially benefiting each municipal
services taxing unit area.
(D) The County is providing start-up funding for municipal services to be provided
by the Authority, which the Authority agrees to provide, in the form of administration,
planning and development of wastewater and reclaimed water projects. The parties
understand and acknowledge that such funding for municipal services will not provide final
engineering or construction funding and that each project will require substantial State and
federal grants and funding from rates, fees and charges imposed upon end users.
(E) Beginning in the first full calendar year after any wastewater and or reclaimed
water project is constructed and begins to yield a monthly revenue stream for wastewater
service necessary to fund operations, maintenance and the debt obligations therefore, each
parcel connected to the Authority's wastewater facilities and paying a monthly rate or charge
for wastewater service prior to January 1st of such calendar year shall receive a credit to the
affected parcels' monthly statements or to otherwise reduce rates, fees or charges (including
non-ad valorem special assessments) payable to the Authority in an amount thereafter
imposed on each such parcel pursuant to the applicable municipal services taxing unit. Such
credit shall be in an amount determined for each parcel using the maximum allowable
discount (i.e. typically the discount for taxes paid in November).
SECTION 2.04. ADVISORY COMMITTEES. To the extent that the
Authority determines during the term of this Interlocal Agreement to select any contractor or
vendor to provide design-build contractual services for any wastewater project developed
within a municipal services taxing unit created as a result of this Interlocal Agreement, the
Authority shall employ the use of an advisory committee to review proposals and make
recommendations to the Authority as to qualified proposers. Such advisory committee shall
include an elected or staffrepresentative(s) from the County and any affected municipality
and may also include representatives from state or federal agencies in addition to Authority
officials.
5
Interlocal Agreement; Execution Copy
ARTICLE III
GENERAL PROVISIONS
SECTION 3.01. RECORDING; EFFECTIVE DATE.
(A) This Agreement, and any amendment hereto, shall be filed with the Clerk ofthe
Circuit Court for Monroe County, Florida, as required by Section 163.01(11), Florida
Statutes.
(B) This Agreement shall become effective upon execution hereof by the County and
the Authority as provided herein.
SECTION 3.02. TERMINATION. This Agreement shall terminate not later than
four (4) years after September 30,2011.
SECTION 3.03. AMENDMENT. This Agreement shall not be modified or altered
except by another written agreement executed by the County and the Authority.
6
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Interlocal Agreement; Execution Copy
IN WITNESS WHEREOF, the County and the Authority have caused this Interlocal
Agreement to be duly executed and entered into on the date first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
By:
Mayor/Chairperson
Danny L. Kolhage, Clerk
By:
Deputy Clerk
THE FLORIDA KEYS AQUEDUCT
AUTHORITY
(SEAL)
By:
Chairman
ATTEST:
Clerk
Interlocal Agreement; Execution Copy
APPENDIX A
FORM OF COUNTY ORDINANCE CREATING
MUNICIPAL SERVICE TAXING UNIT
'~:"-_. "'--'"';""",,,~,_..j;'--'.:" '-."'-;"'1-" -''''.-..'''";'"':~x.'''~~:''~--;..-'''''~.~-~.
Interlocal Agreement; Execution Copy
MONROE COUNTY, FLORIDA
ORDINANCE NO.
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
CREATING THE [NAME] MUNICIPAL SERVICE
TAXING UNIT LOCATED WITHIN THE
UNINCORPORATED AREA OF MONROE COUNTY,
[AND THE INCORPORATED AREA OF THE CITY OF
(NAME, IF APPLICABLE,] FLORIDA, TO PROVIDE
W ASTEW A TER AND RECLAIMED WATER SERVICES
AND FACILITIES; DEFINING THE BOUNDARIES OF
THE UNIT; AUTHORIZING THE BOARD TO
ANNUALLY LEVY AD VALOREM TAXES WITHIN
THE BOUNDARIES OF SUCH UNIT NOT TO EXCEED
[INSERT]-MILLS; AUTHORIZING THE USE OF THE
TAX REVENUE FOR ENUMERATED PURPOSES; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
SECTION 1. TITLE. This ordinance may be cited as the [Name).
SECTION 2. AUTHORITY AND PURPOSE.
(A) This Ordinance is enacted under the authority of Article VIII, section 1, Florida
Constitution, and sections 125.01 and 125.66, Florida Statutes. The Board of County
Commissioners (the "Board") of Monroe County, Florida, has all powers of local self-
government to perform county and municipal functions and to render services in a manner
not inconsistent with general law and such power may be exercised by the enactment of
county ordinances and resolutions.
(B) Section 125.01(1)(q), Florida Statutes, provides specific legislative authorization
for counties to establish a municipal service taxing unit for any part or all of the
unincorporated areas within its boundaries, or within the municipal boundaries of an
incorporated area upon consent of the governing body of such municipality, within which
may be provided essential facilities and services.
(C) The purpose ofthis Ordinance is to create a municipal service taxing unit to fund
the provision of municipal services associated with the administration, planning and
A-I
Interlocal Agreement; Execution Copy
development of wastewater and reclaimed water projects within the municipal service taxing
unit as generally described in Section 3 of this Ordinance. This Ordinance shall be liberally
construed to effect the purposes hereof.
(D) This Ordinance is adopted to fulfill the obligation of the Board under an
Interlocal Agreement by and between the Board and the Florida Keys Aqueduct Authority
(the "Authority") to provide limited funding source for the reimbursement and provision of
municipal services relating to administration, planning and development of wastewater and
reclaimed water projects (the "Interlocal Agreement").
SECTION 3.CREATION OF MUNICIPAL SERVICE TAXING UNIT.
(A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there is
hereby created a municipal service taxing unit for that portion of the unincorporated areas of
the County [and the incorporated area of the City of (insert city name, if applicable)].
Such municipal service taxing unit shall be known as the [Name] Municipal Service Taxing
Unit.
(B) The boundaries of [Name] Municipal Service Taxing Unit are more particularly
described in Exhibit A hereto and same are incorporated by reference.
(C) From time to time the Board may by resolution take any action not inconsistent
with this Ordinance or the Interlocal Agreement to assist the Authority in funding the
administration, planning and development of wastewater and reclaimed water projects within
and benefiting the [Name] Municipal Service Taxing Unit.
SECTION 4. AUTHORIZATION OF AD VALOREM TAXES.
(A) The Board is hereby authorized, in the manner and under the authority provided
by section 125.01(l)(q) and (r), Florida Statutes, to levy and collect additional ad valorem
taxes at a millage rate not to exceed [text] [number]-mills upon real and personal property
within the [Name] Municipal Service Taxing Unit commencing with County fiscal year
200_-200_. [(If applicable) the foregoing millage limitation shall not be increased
without the [governing body] of the City of [name of city] first adopting an ordinance
consenting thereto.]
(B) The co llection of ad valorem taxes as authorized herein shall cease after four (4)
consecutive fiscal years and the [Name] Municipal Service Taxing Unit shall terminate at the
end of County fiscal year 200_- 200_.
A-2
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Interlocal Agreement; Execution Copy
SECTION 5. USE OF REVENUE; IMPLEMENTATION.
(A) Revenues derived from ad valorem taxes levied within the [Name] 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 [Name]
Municipal Service Taxing Unit.
(B) The Board shall adopt a budget for the [Name] Municipal Service Taxing Unit
for the fiscal year beginning October 1, 200_, and each year thereafter, at the same time and
in the same manner as the County budget. Such budget shall contain all or such portions of
the costs incurred and planned in conjunction with the funding of municipal services
contracted to be provided by the Authority under the Interlocal Agreement.
SECTION 6. SEVERABILITY. Should any provision of this Ordinance be
declared by a court of competent jurisdiction to be invalid, the same shall not affect the
validity of this Ordinance as a whole, or any part thereof, other than the part declared to be
invalid.
SECTION 7. EFFECTIVE DATE. [involving incorporated areas]
(A) The effectiveness of this Ordinance is conditioned upon the following occurring
prior to January 1,200_:
(I) the subsequent filing of a certified copy of this Ordinance with the
Department of State by the Clerk of the Board; and
(2) the City Commission of the City of [Name] adopting an ordinance
consenting to the inclusion of the incorporated areas of the City within the
boundaries of the [Name] Municipal Service Taxing Unit.
(B) After enactment by the Board, this Ordinance shall then take effect upon the
filing with the Department of State as provided in section 125.66(2), Florida Statutes.
SECTION 7.EFFECTIVE DATE. [involving unincorporated areas only]
(A) This Ordinance shall be filed with the Department of State prior to January I,
200
(B) After enactment by the Board, this Ordinance shall then take effect upon the
filing with the Department of State as provided in section 125.66(2), Florida Statutes.
A-3
Interlocal Agreement; Execution Copy
PASSED AND ADOPTED by the Board of County Commissioners, Monroe County,
Florida at a regular meeting of said Board held on this _ day of 200 .
Mayor
Mayor Pro Tempore
Commissioner
Commissioner
Commissioner
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
By:
Mayor/Chairperson
Clerk
By:
Deputy Clerk
A-4
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Interlocal Agreement; Execution Copy
APPENDIX B
FORM OF MUNICIPAL ORDINACE CONSENTING TO
CREATION OF MUNICIPAL SERVICE TAXING UNIT
lnterlocal Agreement; Execution Copy
[NAME], FLORIDA
ORDINANCE NO.
AN ORDINANCE OF THE [CITY OF [NAME]],
FLORIDA, CONSENTING TO THE INCLUSION OF THE
INCORPORATED AREA OF THE [CITY] IN THE
[NAME] MUNICIP AL SERVICE T AXING UNIT;
PROVIDING FOR TERMINATION OF CONSENT;
LIMITING THE MAXIMUM MILLAGE TO BE LEVIED
BY THE [NAME] MUNICIPAL SERVICE TAXING UNIT;
PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE [GOVERNING BODY] OF THE [CITY] OF
[NAME], FLORIDA:
SECTION 1.
FINDINGS. It is hereby ascertained, determined, and declared
that:
(A) The Board of County Commissioners of Monroe County, Florida, has
established by Ordinance the Monroe County [Name] Municipal Service Taxing Unit for the
purpose of providing limited funding source for the reimbursement and provision of
municipal services relating to the administration, planning and development of wastewater
and reclaimed water projects by the Florida Keys Aqueduct Authority within the [Name]
Municipal Service Taxing Unit.
(B) In order to fund and provide such services, the effectiveness of the County
Ordinance establishing the Monroe County [Name] Municipal Service Taxing Unit is
expressly subject to consent thereto by an ordinance adopted by the [governing body of the
City).
(C) The [City of [Name]] hereby determines that the inclusion of all of the
incorporated area within the boundaries of the [Name] Municipal Service Taxing Unit is a
means to ensure that funds derived from such a County levy are in fact used to benefit the
area from which they were collected.
SECTION 2. CONSENT. The [governing body of City] hereby consents to
the inclusion of all of the incorporated area of the [Name] within the [Name] Municipal
Service Taxing Unit established pursuant to Monroe County Ordinance No. . Such
B-1
Interlocal Agreement; Execution Copy
consent shall become effective immediately upon adoption of this Ordinance. Provided,
however, such consent shall be subject to the termination provisions in Section 3 hereof.
SECTION 3. LIMITATION OF THE LEVY OF AD VALOREM TAXES;
TERMINATION OF CONSENT.
(A) It is acknowledged that Monroe County Ordinance No. _ has limited the levy
of additional ad valorem taxes to a millage rate not to exceed [text] [number] mills on real
and personal property within the [Name] Municipal Service Taxing Unit.
(B) The consent herein provided shall be subject to (1) the Monroe County Board of
Commissioners not authorizing a millage rate exceeding a [text] [number] mills millage cap
for the [Name] Municipal Service Taxing Unit and (2) the Monroe County Board of
Commissioners not authorizing the collection of ad valorem taxes as authorized in Ordinance
No. _ after the end of County Fiscal Year 200_ - 200_.
(C) In the event the millage rate imposed by the City ever reaches [text] [10 minus
the millage imposed] mills, the City Commission shall be entitled to terminate any consent
provided herein by the adoption of a subsequent ordinance withdrawing such consent prior to
May 31 for any ensuing fiscal year.
SECTION 4. SEVERABILITY. The provisions of this Ordinance are severable; and
if any section, subsection, sentence, clause or provision is held invalid by any court of
competent jurisdiction, the remaining provisions of this Ordinance shall not be affected
thereby.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon adoption.
PASSED AND ADOPTED on First Reading on the _ day of
200 .
PASSED AND ADOPTED on Second and Final Reading on the _ day of
200 .
[executions to come]
B-2