Ordinance 023-2012 ORDINANCE NO. 023 - 2012
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING ORDINANCE NO. 017 -2012 APPROVED JULY 18,
2012; PROVIDING CLARIFICATION REGARDING USE OF THE
FUNDS AFTER 2018; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County adopted Ordinance
No. 13 -1989 levying a one -cent infrastructure sales tax, subject to a referendum vote of the
electorate, to generate revenue for much needed infrastructure, including a new jail which the
County was under federal court order to build; and
WHEREAS, Section 212.055(2), Florida Statutes was modified, among other things, to
change the number of years of life a capital asset for which the infrastructure surtax could be
expended; and
WHEREAS, the Board of County Commissioners of Monroe County adopted Ordinance
No. 01 -2000 to extend the infrastructure surtax from its original expiration date of September 30,
2004, to December 31, 2018, and to modify the permissible uses for include wastewater
infrastructure, subject to a referendum vote of the electorate; and
WHEREAS, the electorate voted in 1989 for the initial levy of the infrastructure surtax
and in 2000 for its extension; and
WHEREAS, on July 18, 2012, at the end of the third public hearing on this matter, the
County voted to extend the infrastructure surtax to December 31, 2033, subject to referendum at
the November 6, 2012 general election; and
WHEREAS, pursuant to a request made at the July 18, 2012 public hearing by members
of the Key Largo Wastewater Treatment District Board, language was added to the body of the
ordinance in the section governing permissible uses; and
WHEREAS, it was realized after the public hearing that there could be unintended
consequences of the language added after the word "wastewater", to wit: "including payment of
any wastewater infrastructure debt "; and
WHEREAS, the added language could be interpreted to preclude any other use of the
infrastructure sales tax as long as there is any existing wastewater infrastructure debt; and
WHEREAS, it is determined to be in the best interest of the public that the added
language be modified slightly to prevent such interpretation; and
ORD Amend Ord - 2012 Ext Infrastructure Sales Tax Page 1 of 3
to 2033 (7/24/12 KP - App to Adv PH BOCC 8 15 12)
WHEREAS, many local government entities financing wastewater improvements have
relied to some degree on non -ad valorem assessments, payable over as much as twenty years, in
order to obtain from individual property owners a portion of the system development costs, also
utilizing other funding mechanisms such as pledging or utilizing such annual assessments to
service long -term debt, as well as other legally available revenues and grants from federal and
state sources; and
WHEREAS, the Board of County Commissioners, in voting for Ordinance No. 017 —
2012, intended to allow any pre- existing wastewater infrastructure debt to be paid from that
portion of the infrastructure sales tax which can lawfully be so paid by a county designated as an
area of critical state concern; and
WHEREAS, the Board of County Commissioners, in accepting proposed language of
Key Largo Wastewater Treatment District, but retaining the language that projects are
"completed or fully funded," intended that any wastewater project for which debt has been
issued in an amount that is sufficient, together with any other designated funds, would be
considered "fully funded" under Ordinance No. 17 -2012 and did not intend that all such debt be
fully paid before any other permissible use could be funded with the infrastructure sales tax
generated after December 31, 2018;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMIVIISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Section 23- 145(a) Monroe County Code is hereby amended to read as follows:
Sec. 23 -145. — Expenditure of funds.
(a) The funds so collected, and interest accrued thereto, shall be expended within the
unincorporated areas of the county and the various municipalities for the following capital
infrastructure projects all of which have a life expectancy in excess of five years: wastewater,
recreation and conservation lands, marinas, courthouses, parking, offices, roads, bridges,
airports, libraries, piers, auditoriums, riprap /seawalls, solid waste, jails, police/fire facilities, land
acquisition, and storm water through December 31, 2018. Effective January 1, 2019, the funds
so collected and interest accrued thereto shall be used only for wastewater until such time as the
governing body of the county or municipality determines that the necessary wastewater projects
are completed or in progress and fully funded, after which, use of remaining funds collected
pursuant to this article shall be available in that jurisdiction for all purposes allowed under this
ordinance at any time, including payment of any wastewater infrastructure debt which can be
lawfully paid by such funds.
Section 2. 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. 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 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
ORD Amend Ord - 2012 Ext Infrastructure Sales Tax Page 2 of 3
to 2033 (7/24/12 KP - App to Adv PH BOCC 8 15 12)
Section 4. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21st day of September , 2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner George Neugent Yes
Commissioner Sylvia Murphy Yes
(SEAL) BOARD OF COUNTY COMMISSIONERS
AtteNNY . KOLH E Clerk OF MONRO I)dl 'I", F DA
By 1 By f
Deputy Clerk Mayor/ irperson
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7 / 5 / 2
ORD Amend Ord 17 - 2012 Ext Infrastructure Sales Tax Page 3 of 3
to 2033 (7/24/12 KP - App to Adv PH BOCC 8 15 12)
MONROE COUNTY COURTHOUSE BRANCH OFFICE:
500 WIIIEEIIEAD STREET, SUITE 101 co
c PLANTATION KEY
KEY WEST, FLORIDA 33040 ��.�, ...... e o . � pP 1
/'' GOVERNMENT CENT'ER
TEL. (305) 294 -4641 r * 10 • 88820 OVERSEAS HIGHWAY
FAx (305) 295 -3663 r
; t • � / PLANTATION KEY, FLORIDA 33070
( V.. of
4 • .....• Fes oo- TEL. (305) 852 -7145
BRANCH OFFICE: 110 our++ FAx (305) 852 - 7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARA THON, FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070
FAX (3(15) 289 -1745 www.clerk -of- the - court.com TEL. (305) 852 -7145
FAx (305) 853 -7440
October 9, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7012 1010 0003 4990 5040
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 023 -2012 amending Ordinance
No. 017 -2012 approved July 18, 2012; providing clarification regarding use of the funds after
2018; providing for severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; providing for an
effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on September 21, 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: MuniCode via e-mail
County Attorney via e-mail
File
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item
If YES, enter delivery address below: ❑ No
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street 3. Type
Tallahassee FL 32399 -0250 i C erYBedMail ❑ Express Mall
❑ Registered ❑ Retum Receipt for Merchandise
(Ordinance 023 -2012) ❑ insured Mail ❑ C.O.D.
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391
THE REPORTER NO CE
NO O
TICE OF INTENTION TO
CONSIDER ADOPTION OF
P.O.Box 1197, Tavernier,Fl 33070 FILED FOR RECORD COUNTY ORDINANCE
92655 Overseas Hwy, Tavernier Fl 33070 NOTICE IS HEREBY GIVEN
Phone 305-852-3216,Fax 305- 852-0199 2U12 SEP 18 AM 10: 15 TO WHOM IT MAY CON-
CERN that on September 21,
2012 at 3:00 P.M.,or as soon
- thereafter as may be heard,
PROOF OF PUBLICATION at the Marathon Government
Center,2798 Overseas High-
way,Marathon,Monroe
STATE OF FLORIDA County,Florida, the Board of
County,Commissioners of
COUNTY OF MONROE Monroe County,Florida,in- ,
tends to consider the adoption
Before the undersigned authority personally appeared of the following County ordj-
WAYNE MARKHAM who on oath, says that he is nance:
PUBLISHER of the THE REPORTER, a weekly AN ORDINANCE OF THE
newspaper published in Tavernier, in Monroe BOARD OF COUNTY COM-
County, Florida: that the attached copy of MISSIONERS OF MONROE
COD-
advertisement was published in said newspaper in the ING ORDINANCERDIFLORIDA NO.ING 017-
issues of: (date(s)of publication) 2012 APPROVED JULY 18,
2012; PROVIDING CLARIFI-
r/az //A CATION REGARDING USE
OF THE FUNDS AFTER 2018;
PROVIDING FOR
SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL
ORDINANCES INCONSIS-
TENT HEREWITH; PROVID-
Affiant further says that the said THE REPORTER is ING FOR INCORPORATION
a newspaperpublished at Tavernier, in said Monroe INTO THE MONROE RDI COUN-
a TY CODE OF ORDINANCES;
County, Florida, and that the said newspaper has PROVIDING FOR AN EFFEC-
heretofore been continuously published in said TIVE DATE.
Monroe County, Florida, each week (on Friday) and Pursuant to Section 286.0105,
has been entered as a second class mail matter at the Florida Statutes,notice is giv-
en that if a person decides to
post office in Tavemier, in Monroe County, Florida, appeal any decision made by
for a period of one year next preceding the first the Board with respect to any
publication of the attached copy of advertisement. mattersor consideredetsat such
hearings or meetings,he will
The affiant further says that he has neither paid nor need a record of the proceed-
promised any person, firm, or corporation any ' ings,and that,for such pur-
discount, rebate commission or refund for the pose,he may need e
that a verbatim recordrd of of the the
purpose of securing this advertisement for proceedings is mad€,which re-
cord in the said newspaper(s) and that The dincludesvde then which t
publicationy
and evidence upon which the
THE REPORTER is in full compliance with Chapter appeal is to be based.
50 of the Florida State Statutes on Legal and Official
ADA ASSISTANCE:If you
Advertisements. ' are a person with a disability
who needs special accom-
modations in order to partici-
pate in this proceeding,
please contact the County
Wayne Mar_a.) A.,
PyrlSlisher Administrator's Offic4e,by
phoning ho s of 8:30 be-
tween the hours of 8:30 a.m.
-5:00 p.m.,no later than five
(5)calendar days prior to the
Sworn�to' �',and subscribed b re me scheduled meeting; if you
this /,N;j7 Day of 11L. ??� ,2012 are hearing or voice im-
(SEAL) 9 paired,call"711".
Dated at Key West,Florida,
r this 15th day of August,2012.
C 'Lll L / DANNY L.KOLHAGE.Clerk of
Notary the Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County, Florida
"�`- BEVERLY:iR• 'rft�; TRAEGEF Published 8/24/12
5• :*: MY COMMISSION#OD969749 The Reporter
o EXPIRES:April 18,2014 Tavernier, FL 33070
a5 a''Q,•• Bonded Thru Notary Public Underwrikrs
FLORIDA KEY S
Ad#149379
NOTICE OF INTENTION TO
�" CONSIDER ADOPTION OF
___ _ __ ___ FILED FOR RECORD COUNTY ORDINANCE
Published Twice Weekly
NOTICE IS HEREBY
WHOM IT MAY CON EN
Marathon, Monroe County, Florida 2012 SEP 18 Am to: 15 TTORN that on September 21,
2012 at 3:00 P.M.,or as soon
PROOF OF PUBLICATION
-; thereafter as may be heard,
at the Marathon Government
( l Center,2798 Overseas High-
way,Marathon,Monroe
STATE OF FLORIDA County,Florida, the Board of
County Commissioners of
COUNTY OF MONROE Monroe County, Florida,in-
tends to consider the adoption
Before the undersigned authority person- of the following County ordi-
ally appeared WAYNE MARKHAM who on nance:
oath, says that he is PUBLISHER of the AN ORDINANCE OF THE
FLORIDA KEYS KEYNOTER, a twice BOARD OF COUNTY COM-
MISSIONERS OF MONROE
weekly newspaper published in Marathon, COUNTY, FLORIDA AMEND-
in Monroe County, Florida: that the ING ORDINANCE NO.017-
2012 APPROVED JULY 18,
attached copy of advertisement was 2012; PROVIDING CLARIFI-
published in said newspaper in the issues CATION REGARDING USE
OF THE FUNDS AFTER 2018;
of: (date(s) of publication) PROVIDING FOR
na yi4 t te, �ea42 FOR THE REPEAL
PROVIDING
f// � FOR THE REPEAL OF ALL
ORDINANCES INCONSIS-
TENT HEREWITH; PROVID-
ING FOR INCORPORATION
INTO THE MONROE COUN-
TY CODE OF ORDINANCES;
PROVIDING FOR AN EFFEC-
Affiant further says that the said FLORIDA TIVE DATE.
KEYS KEYNOTER is a newspaper published Pursuant to Section 286.0105,
at Marathon, in said Monroe County, Florida Statutes,notice is giv-
en that if a person decides to
Florida, and that the said newspaper has appeal any decision made by
heretofore been continuously published in the Board with respect to any
matter considered at such
said Monroe County, Florida, twice each hearings or meetings,he will
week (on Wednesday and Saturday) and need a record of the proceed-
has been entered as a second class mail ings,and that,for such pur-
pose,he may need to ensure
matter at the post office in Marathon, in that a verbatim record of the
proceedings is made,which re-
Monroe County, Florida, for a period of cord includes the testimony
one year next preceding the first .and evidence upon which the
publication of the attached copy of
appeal is to be based.
advertisement. The affiant further says ADA ASSISTANCE: If you
that he has neither aid nor romised an area person with a disability
P P y who needs special accom-
person, firm, or corporation any discount, modations in order to partici-
pate in this proceeding,
rebate, commission or refund for the please contact the County
purpose of securing this advertisement for Administrator's Office,by
phoning(305)292-4441,be-
publication in the said newspaper(s) and tween the hours of 8:30 a.m.
that The Florida Keys Keynoter is in full -5:00.p.m., no later than five
(5)calendar days prior to the
compliance with Chapter 50 of the Florida scheduled meeting; if you
State Statutes on Legal and Official are hearing or voice im-
Advertisements. paired,call"711".
. Dated at Key West, Florida,
:i/o •
this 15th day of August,2012.
DANNY L.KOLHAGE,Clerk of
the Circuit Court and ex officio
Sworn t an up? ibed before me Clerk of the Board of County
this /X Da ofl�a(L L(.Ot , 2012 Commissioners of Monroe
/ County, Florida
(SEAL)
Published August 18,2012
/..—" Florida Keys Keynoter
;H:".^i ; BEVERIv TRAEGEP
Notary I :.: 4, :.§ MY COMMISSION k DO 969749
._w.,; EXPIRES:April 18,2014
%:of N • Bonded Thru Notary Public Underwriters
. _ _
,
. . .
rjgirrrr„r "' N'S' STATE OF FLORIDA
NOTICE OF INTENTION TO ZE,N
CONSIDER o„E„ ,,,� COUNTY OF MONROE
ADOPTION OF COUNTY s, LLC
ORDINANCE
NOTICE IS HEREBY GIVEN TO Before the undersigned authority personally appeared Randy G. Erickson,
WHOM IT MAY CONCERN that who on oath saysp that he is Vice-President of Operations of the KeyWest
on September 21,2012 at 3:00
P.M..or as soon thereafter as '7 Citizen, a daily newspaper published in Key West, in Monroe County,
may be heard,at the Marathon
Government Center.2798ora that the attachedof advertisement, being a legal notice in the
Florida;� copy
Overseas Highway,Marathon, 5 matter of
Monroe County,Florida,the )rYt
Board of County Commissioners —
1
of Monroe County, Florida,intends -TA-/.�,AJ 1fl / o r7 C o U� 0 I UVV_!1 ANc
to consider the adoption of the I UU
following County ordinance:
AN ORDINANCE OF THE hpl'e.A)d 1/V4 I)b 0 I au a-
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY,FLORIDA AMENDING was published in said newspaper in the issue(s) of �: o 71
ORDINANCE NO.017-2012 _=> .,. -�
APPROVED JULY 18,2012;PROVIDING CLARIFICATION Nti U S 12 a 0 ) ZREGARDING USE OF THE i —0
FUNDS AFTER 2018;
PROVIDING FOR Affiant further says that the Key West Citizen is a newspaperciiublied in
SEVERABILITY;PROVIDING
FOR THE REPEAL OF ALL Key West, in said Monroe County, Florida and that the said nsper has
ORDINANCES INCONSISTENT heretofore been continuouslypublished in said Monroe COun ..EJorida every
PROVIDING FOR tY�
INCORPORATION INTO THE day, and has been entered as second-class mail matter-at thi4osgifficin Key
MONROE COUNTY CODE OF
ORDINANCES:PROVIDING FOR West, in said Monroe County, Florida, for a period of 1 year ri*t 'Reeding
AN EFFECTIVE DATE. the first publication of the attached copy of advertisement; and affiant further
Pursuant to Section 286.0105, says that he has neither paid nor promised any person, firm or corporation any
Florida Statutes, notice is given discount, rebate, commission or refund for thepurpose of securingthis
that if a person decides to appeal
any decision made by the Board advertisement for publication in the said newspaf7.--er
with respect to any matter
considered at such hearings or
meetings, he will need a record of
the proceedings,and that,for such
purpose, he may need to ensure
that a verbatim record of the
proceedings is made,which Signature of Affiant
record
includes the testimony and
evidence upon which the appeal is
to be based. Sworn and subscribed before me this \ 5? day of ! J vj V s , 2012
ADA ASS/STANCE/f you are a
person with a disability who needs
special accommodations in order
to participate in this proceeding, Notary Public:
p/ease contact the County �ARy DAWN KAWZINSKY
Administrator's Office,by phoning �� NOTARY PUBLIC
(305)292-4441,between the i (��` STATE OF FLORIDA
hours of 8.30 a.m. -S.00p.m.,no � • _ ^ 1 / - dy i
later than five(5)calendar days n �vwv Y� 1'� .ww��,. , Comm#EE157233
prior to the scheduled meeting,if
r'�E 19�e Expires 1/4/2016
you are hearing or voice impaired,call'711 Dawn Kawzinsky
Expires: 1/4/16 Notary Seal
Dated at Key West,Florida,this .
15th day of August,2012.
DANNY L.KOLHAGE, Personally Known x Produced Identification
Clerk of the Circuit Court Type of Identification Produced
and ex officio Clerk of the yp
Board of County Commissioners
of Monroe County, Florida
August 18,2012
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FLORIDA DEPARTMENT Of STATE
r
RICK SCOTT KEN DETZNER
Governor Secretary of State
October 16, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: 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 October 9, 2012 and certified copy of Monroe County Ordinance No. 023 -2012, which was filed in
this office on October 16, 2012.
Sincerely,
Liz Cloud
Program Administrator
LC /elr `- -'
N _n
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3310 :71
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CD
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