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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 19 February 2003
Division:
Growth Management
Bulk llem: Yes No ---X--
Department"
Marine Resources
AGENDA ITEM WORDING:
Approval to advertise an Ordinance. at the request of the Key Largo Wastewater Treatment Distri~ creating aMuni~ipal Service
Taxing Unit (MSTU) for Key Largo.
ITEM BACKGROUND:
The Key Largo Wastewater Treatment District (KL WTD) is faced with significant funding limitations during the development phase
of wastewater projects currently underway until these projects are complete and are revenue generating. In order to address the start-
up funding issue, the KL WTD has proposed entering into a cooperative interlocal agreement with the County to develop a limited
funding source for administration, planning, and development of wastewater projects. The funding source in this case would be a
MWlicipal Service Taxing Unit (MSTU) authorized of County governments (not municipalities) under Section l25,0l(1)(q). Florida
Statutes,
No referendum is required for levy by a County of ad-valorem taxes tor the provision of municipal services with an MSTU. Revenues
would be generated for a limited duration of four years and would be levied against all propenies. Funding levels and millage would
be justified in a tour year budget for each project within an MSTU. At the time of required hook-up. developed properties would be
required to pay hook-up fees, however, reduced by the amount paid by those propenies under the MSTU.
Other funding sources may be utilized to fund the operations of the utility in the coming year. However, the MSTU provides the
option to obtain revenue for these options in a number of ways. The Key Largo Wastewater Treatment District has requested by
Resolution (attached) that the County adopt an MSTU, The Dish-iet has requested a millage for the MSTU of 0.35 mills.
PREVIOUS RELEV ANT ROCC ACfION:
None
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
Approx $350.000
BUDGETED:
Yes No
COST TO COUNTY: None
APPROVED BY:
Year tbd.
REVENUE PRODUCING: Yes
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included --1L To Follow _Not Required
{JS
DISPOSITION: AGENDA ITEM NO.:
13C030280
0112QI03 1048 AM
Ordinance Creating Key Largo Wastewater Treatment District MSlV
MONROE COUNTY, FLORIDA
ORDINANCE NO.
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
CREATING THE KEY LARGO WASTEWATER
TREATMENT DISTRICT MUNICIPAL SERVICE'
TAXING UNIT LOCATED WITHIN THE
UNINCORPORATED AREA OF MONROE COUNTY,
FLORIDA, TO PROVIDE WASTEWATER 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 0.35 MIL;
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 Key Largo
Wastewater Treatment District (KLWTD) Municipal Service Taxing Unit (MSTU).
SECTION 2. AUTHORITY AND PURPOSE.
(A) This Ordinance is enacted under the authority of Article VIII, Section I,
Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes. The Board of
County Commissioners (the II 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 of this Ordinance is to create a municipal service taxing unit to
fund the provision of municipal services associated with the administration, planning and
Ordinance Creating Key Largo Wastewater Treatment District MSTU
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 request of the Key Largo
Wastewater Treatment District and in consideration of the Board's obligations under a
Transition Agreement by and between the Key Largo Wastewater Treatment District, the
Florida Keys Aqueduct Authority (the "Authority"), and the Board 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 "Transition 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 County within the
unincorporated of Key Largo under the jurisdiction of the KLWTD. Such municipal
service taxing unit shall be known as the Key Largo Wastewater Treatment District
Municipal Service Taxing Unit. All matters concerning such municipal service taxing
unit shall be governed by the Board.
(B) The boundaries of the Key Largo Wastewater Treatment District Municipal
Service Taxing Unit (MSTU) are also 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 Transition Agreement to assist the KL WTD in
funding the administration, planning and development of wastewater and reclaimed water
projects within and benefiting the Key Largo Wastewater Treatment District 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(1)(q) and (r), Florida Statutes, to levy and collect additional
ad valorem taxes at a millage rate not to exceed 0.35 mil upon real and personal property
within the Key Largo Wastewater Treatment District Municipal Service Taxing Unit
commencing with County fiscal year 2003-2004. The foregoing millage limitation shall
not be increased without the Key Largo Wastewater Treatment District first adopting a
resolution consenting thereto.
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Ordinance Creating Key Largo Wastewater Treatment District MSTU
(B) The collection of ad valorem taxes as authorized herein shall cease after four
(4) consecutive fiscal years and the Key Largo Wastewater Treatment District Municipal
Service Taxing Unit shall terminate at the end of County fiscal year 2007-2008.
SECTION 5. USE OF REVENUE; IMPLEMENTATION.
(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 administratio~ 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.
(B) The Board shall adopt a budget for the Key Largo Wastewater Treatment
District Municipal Service Taxing Unit for the fiscal year beginning October 1,2003, 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 any 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. CONFLICT WIrn OrnER ORDINANCES. All ordinances
or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of
said conflict.
SECTION 8. INCLUSION IN THE CODE OF ORDINANCES. 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. EFFECTIVE DATE.
(A) The effectiveness of this Ordinance shall be subject to the Key Largo
Wastewater Treatment District adopting a resolution consenting to the inclusion of the
unincorporated areas of the Key Largo Wastewater Treatment District within the
boundaries of the Key Largo Wastewater Treatment District Municipal Service Taxing
Unit.
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Ordinance Creating Key Largo Wastewater Treatment District MSTU
2003.
(B) This Ordinance shall be filed with the Department of State prior to June 30,
(C) After enactment by the Board, this Ordinance shall be filed with the
Department of State as provided in section 125.66(2), Florida Statutes.
[Remainder of page intentionally left blank.]
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Ordinance Creating Key Largo Wastewater Treatment District MSTU
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held on this 19th day of
March. 2003.
(SEAL)
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairperson
Danny Kolhage, Clerk
By:
Deputy Clerk
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Ordinance Creating Key Largo Wastewater Treatment District MSTU
EXHIBIT A
KEY LARGO WASTEWATER TREATMENT DISTRICT MUNICIPAL SERVICE
TAXING UNIT AREA
The Municipal Services Taxing Unit will include all areas within the boundaries of the Key
Largo Wastewater Treatment District inclusive as identified in the attached map graphic.
A-I
Ordinance Creating Key Largo Wastewater Treatment District MSTU
Key Largo Wastewater Treatment District
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Legend
I==:J Key Largo Parcels
~ Boundary
A-I
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02/11/2003 rUE 16:08 FAX 40i 629 696~ Govnt. Services Group
(305)299-2954
AMEI"iDED RESOUrnON 2003- 4
A RESOl..U'J'lON BY THE ,t{l.;y LANGO WAS'n:WATI!:R
TREATMENT Dl~TRK"'T BOARD OF COMMISSIONER.S
REQUJ~~"TfNG THE MONROE COUNTY BOARD Ol~
(;OUNTY COMMISSIONERS TO ADOPT A l\'IUNlCIPAJJ
SERVICES TAXlNG UNIl' ("MSTU") AND
ESTA.BLlSJUNG A SUGGESTED MSTU MILLAGE RATE
FOR KEY LARGO W ASTEWAnR TREATMENT
DISTRJCT
WllEllEAS, tbe .e$tablishment by Ow Monroe County Board of COlUlty COll1missior.ers
of a MSTU would serve a valid county purp08C and a special disb.ict purpose, spccificuUy for
water, wastewater and sewage coll\.'Ction and disposal and related municipal services;
WUEREAS, PUf!>iWU to section 125,01(2), Florida Statutes., 'he Board of County
Cornmis.~iollcrs shall be the goveming hody of any MSTll created jll.lrsuaut to se~~tion
125.01(l)(q), Florida Statute:s;
WUl!:IU:AS, the BD/ud of Commissioncn; of the Key Largo Wastewater Treatment
District d~ir('.s to request the Monroe County Board of County Commissioners to establish a
MSTIJ f<)r the District, pur~;uant to section 125.01(1 )(ql. Florida Statutes.
NOW, THEREFOl~E, BE rr RESOLVED BY THE BOARD OF
COMMISSIONERS ()It'THE KEY LARGO WASTEWATER TREATMENT DISTRICT:
). TIle noanl hereby rt'quc.../s the Monro~ County Board of County
Commissioners to establish 1\ MSTU lor the District pursuant to section
125.0 I P )(q), Florida Statutes.
2. TIle Board ller~~y recommends that a millage rate not 10 cxceM ,35
should be applied to the Board's req~t to the MllllfOC County Board of
County Commisl>'"ioners of establishment of a MSTU.
PASSED AND ADOPTED thi... 29(1) day of Jau\l<UY, 2003.
FAILED this~. day of JMUary, 2003.
KEY LARGO
DISTRICT GOV
Secretary
1:,Clienl/kO<;'M,,,,,,'I\cy Llll\l" W1D.ln4.o00\MIS<IRcorlul,o". Amen,led I\: MSlI]d<'c
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