Ordinance 009-2012 ORDINANCE NO. 009 - 2012
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING ARTICLE VI, CHAPTER 22,
MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR EXTENSIONS
OF THE DATES OF AUTHORITY FOR THE BIG PINE KEY AND
CUDJOE -- SUGARLOAF MUNICIPAL SERVICE TAXING UNITS;
PROVIDING FOR REINSTATING NO NAME KEY INTO THE BIG PINE
KEY MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR MOVING
SUMMERLAND KEY FROM THE CUDJOE -- SUGARLOAF KEY
MUNICIPAL SERVICE TAXING UNIT INTO THE BIG PINE KEY
MUNICIPAL SERVICE TAXING UNIT; 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.
WHEREAS, Monroe County, through a number of ordinances, created municipal service
taxing units for the assessment of ad valorem taxes in order to provide a portion of the funding
necessary for planning and design of wastewater treatment and collection systems in the
unincorporated areas of the county; and
WHEREAS, the original plan was for each wastewater - related municipal taxing unit to
have taxes levied for four (4) years; and
WHEREAS, the logistical, technological, and funding issues in moving forward with
wastewater treatment and collection systems in various areas of the unincorporated county have
delayed the projects in these areas; and
WHEREAS, the monetary cap on ad valorem taxes imposed by the State legislature for
the County's fiscal years ending September 30, 2008 and thereafter, coupled with delayed
timelines in furtherance of some projects resulted in no levy of tax in some MSTUs for some, if
not all, of the fiscal years for which the MSTU's were created to generate revenue for planning,
design, and general administration of wastewater projects; and
WHEREAS, it is desired to extend the expiration dates of the specified MSTUs to allow
the County, should it be deemed necessary and in the best interests of the public, to levy taxes for
the areas specified for a total of four (4) years in each area, including the years in which taxes
were already levied; and
WHEREAS, the decision to incorporate Big Pine and Lower Sugarloaf Keys into Cudjoe
Regional was made by the BOCC on April 16, 2008; and
Page 1 of 4
ORD REINSTATE NNK & SUMMERLAND
IN BPK MSTU
WHEREAS, No Name Key was removed from the Big Pine Key MSTU through
Ordinance No. 10 -2005, although it has been in the general MSTU for District ld since the
passage of Ordinance No. 7 -1979; and
WHEREAS, the County decided on August 3, 2009, in amending its September 20, 2006
Interlocal Agreement with FKAA, to include on -site sewage treatment and disposal systems on
No Name Key in the Cudjoe Regional System; and
WHEREAS, the Summerland/Cudjoe- Sugarloaf MSTU was created to include
Summerland via Ordinance No. 38 -2004; and
WHEREAS, Summerland Key was moved to the Big Pine Key MSTU via Ordinance
No. 10 -2005, and was therefore not in the Cudjoe /Sugarloaf MSTU the one year (FY 2007) that
the tax was levied for that MSTU but was then moved back into the MSTU by Ordinance No.
025 -2007; and
WHEREAS, it is necessary to revise the MSTU's to reinstate No Name Key into the Big
Pine Key MSTU, and to move Summerland from the Summerland/Cudjoe — Sugarloaf MSTU to
the Big Pine Key MSTU, and extend terms for both MSTU's to allow for a total of four (4) years
of taxes to be levied for each island in each MSTU; now therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
SECTION 1. Section 22 -122 , Monroe County Code, shall be amended to read:
Sec. 22 -122. Cudjoe -- Sugarloaf Municipal Service Taxing Unit created.
(a) Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a municipal service
taxing unit to be known as the Cudjoe -- Sugarloaf Municipal Service Taxing Unit. The Cudjoe --
Sugarloaf Municipal Service Taxing Unit shall encompass that portion of the unincorporated
area bounded on the west by the Harris Channel "Meander" and on the east by Kemp Channel.
(b) The board is hereby authorized, in the manner and under the authority provided by F.S. §
125.01(1)(q), 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 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 a levy of taxes under this provision for a
total of four fiscal years and the Cudjoe -- Sugarloaf Municipal Service Taxing Unit shall
terminate on December 31, 2014 , and taxes for calendar year 2014 may be collected in 2015.
Page 2 of 4
ORD REINSTATE NNK & SUMMERLAND
IN BPK MSTU
(c) Revenue derived from ad valorem taxes levied in the 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 Cudjoe -- Sugarloaf Municipal Service Taxing Unit. The board shall adopt a budget
for the 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 2. Section 22 -123 , Monroe County Code, shall be amended to read:
Sec. 22 -123. Big Pine Municipal Service Taxing Unit created.
(a) Pursuant to the provisions of F.S. § 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 Kemp Channel and on the east by the west end of the Seven Mile Bridge including No
Name Key.
(b) The board is hereby authorized, in the manner and under the authority provided by F.S. §
125.01(1)(q), 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 Big Pine 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 a levy of taxes under this provision for a
total of four fiscal years and the Big Pine Municipal Service Taxing Unit shall terminate on
December 31, 2016, and taxes for calendar year 2016, may be collected in 2017.
(c) Revenue derived from ad valorem taxes levied in the Big Pine 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 Big
Pine Municipal Service Taxing Unit. The board shall adopt a budget for the Big Pine 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 3. MAP OF AREA. The map attached hereto as Exhibit A, and
incorporated herein by reference, depicts the areas covered by the Cudjoe - Sugarloaf and Big
Pine Key MSTUs described herein, and is adopted upon the BOCC approval of this ordinance.
Page 3 of 4
ORD REINSTATE NNK & SUMMERLAND
IN BPK MSTU
SECTION 4. 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 whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall take effect on filing of this
Ordinance with the Department of State as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 16th day of May -- , 2012. - n
1
Mayor David Rice Yes - 71
Mayor Pro Tem Kim Wigington y r
ommissioner Heather Carruthers Yes -v
missioner George Neugent Yes
'o missioner Sylvia Murphy Yes v'
(SEAL) ,' BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COU Y, FLORIDA
B1� By
Deputy Clerk Ma or /Chairperson
•_„,
Page 4 of 4
ORD REINSTATE NNK & SUMMERLAND
IN BPK MSTU s //L
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MONROE COUNTY COURTHOUSE BRANCH OFFICE:
cOU
500 WHITEHEAD STREET, SUITE 101 / J \fi. oTy C G I'� PLANTATION KEY
KEY WEST, FLORIDA 33040 /Q : s` F'•'p,,� GOVERNMENT CENTER
TEL. (305) 294 , r, ; # / 88820 OVERSEAS HIGHWAY
01 FAX (305) 295 - 3663 <7."1;
PLANTATION KEY, FLORIDA 33070
1 q Z q ' • . ' o o- TEL. (305) 852 - 7145
BRANCH OFFICE: ,I � p �\"` � FAX (305) 852 - 7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD
TEL. (305) 289 - 6027 PLANTATION KEY, FLORIDA 33070
FAX (305) 289 -1745 www.clerk -of- the - court.com TEL. (305) 852 -7145
FAX (305) 853 -7440
May 22, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 7914
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 009 -2012 amending Article VI,
Chapter 22, Monroe County Code by moving Summerland Key from the
Summerland/Cudjoe- Sugarloaf MSTU to the Big Pine Key MSTU and extending the time
periods for the levy of ad valorem tax in the Big Pine Key and Cudjoe - Sugarloaf MSTUs, and
reinstating No Name Key in the Big Pine Key MSTU.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on May 16, 2012. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Municipal Code via e -mail
County Attorney via e-mail
Growth Management via e-mail
Tax Collector, via e-mail
Property Appraiser, via e -mail
File
U.S. Postal Service r,:,
CERTIFIED MAIL RECEIPT
2- (Domestic Mail Only; No Insurance Coverage Provided)
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Q' For delivery information visit our website at www.usps.com
P-
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o Postage $ 4*. W EST
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IN- or PO Box No500 $Qiit far.Q[oU.gh..st et
crystat e ,zIP #llahassee, Florida 32399 -0250
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1, 2, and 3. Also complete A. Signature
item 4 If Restricted Delivery Is desired. ❑ Agent
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or on the front if space permits.
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Administrative Code and Weekly
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(Transfer from service label)
PS Form 3811, February 2004 Domestic Retum Receipt 102595 -02 -M -1540
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FLORIDA DEPARTMENT Of STATE
a
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 29, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated May 22, 2012 and certified copy of Monroe County Ordinance No. 009 -2012, which was filed in this
office on May 25, 2012.
Sincerely,
# • ■ S
Liz Cloud
Program Administrator
LC /srd °-
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
Page l of l
Pam Hancock
From: <ords @municode.com>
To: <phancock @ monroe- clerk.com >; <grimsley -susan @monroecounty - fl.gov>
Sent: Thursday, May 24, 2012 12:57 PM
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 7 Update 1
****THIS IS AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received/recorded to your account. This material
is being considered for inclusion in your next/current update, Supplement 7 Update 1
Document Adopted Recorded Recorded
Date Format
Ordinance No. 003- 2/15/2012 4/24/2012 Word
2012
Ordinance No. 007- 4/18/2012 5/22/2012 Hard Copy
2012
Ordinance No 008- 4/18/2012 5/22/2012 Hard Copy
2012
Ordinance No. 009- 5/16/2012 5/24/2012 PDF
2012
Ordinance No 025- 12/14/2011 4/24/2012 Word
2011
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5/24/2012