Loading...
Ordinance 017-1999 FILED FOR RECORD 99 HAY -5 PH 2: 58 Board of County Commissioners ORDINANCE NO. 017 -1999 MI~rfPt~Il~(M ! ~EATING THE STOCK ISLAND AREA SEWAGE COLLECTION ~~ . BENEFIT UNIT (MSBU); PROVIDING THAT THE MSBU INCLUDES All OF'-STO S~ NOT PART OF THE CITY OF KEY WEST; PROVIDING THAT THE MSBU GOVERNING BODY IS THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR THE GOVERNING BODY'S POWERS AND DUTIES; PROVIDING FOR THE LEVY OF NON-AD VALOREM ASSESSMENTS FOR SEWAGE INFRASTRUCTURE CONSTRUCTION; PROVIDING THAT THE GOVERNING BODY MAY CALL A REFERENDUM BEFORE IMPOSING NON-AD VALOREM ASSESSMENTS; PROVIDING FOR THE DUTIES OF THE COUNTY ADMINISTRATOR AND CLERK OF THE CIRCUIT COURT WITH REGARD TO THE MSBU; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Board of County Commissioners hereby finds that: a) The creation of the Stock Island Area Sewage Collection Municipal Service Benefit Unit (MSBU) is the best available alternative to funding, constructing, operating and maintaining a sewage collection system for residential. commercial. charitable or religious properties within the MSBU because only those property owners who will be specially benefited will pay the non-ad valorem assessment: and b) The construction, operation and maintenance of a sewage collection system constitutes a valid public purpose and municipal service for which a municipal service benefit unit may be created under Sees. 125.01 (1) (q) and r), F .S.: Section 2. Pursuant to the provisions of Sees. 125.01 (1 )(q) and (r), F.S.. there is hereby established the Stock Island Area Sewage Collection Municipal Service Benefit Unit (MSBU) for the purpose of providing sewage collection infrastructure that transfers sewage for treatment at a central plant. The MSBU is comprised of the following area: a) All of Stock Island not part of the City of Key West Section 3. The governing body of the MSBU is the Board of County Commissioners of Monroe County, Florida. Section 4. The governing body has the following powers and duties: a) To sue and be sued. b) To contract and be contracted with and to enter into interlocal agreements with other government entities. c) To construct, operate and maintain the sewage infrastructure (including, but not limited to, pipes and pumping stations) necessary to provide sewage collection service to residential, commercial, charitable and religious properties within the MSBU and to transport the sewage so collected to a central wastewater treatment facility. d) To levy non-ad valorem assessments against all property within the MSBU specially benefited by the construction of sewage collection infrastructure for the payment of the costs of such construction. e) To borrow and expend money, issue bonds, revenue certificates, and other obligations of indebtedness, subject to the limitations provided by general law. f) To establish, charge and collect fees, including connection fees, for the construction, operation or maintenance of the sewage infrastructure. g) To employ and hire such employees and independent contractors as deemed necessary for the construction, operation of the sewage collection infrastructure. h) To receive grants and other revenues on behalf of the MSBU. i) To acquire by gift, purchase/lease purchase, or the exercise of eminent domain, land or any other property and to convey land or any other property. j) To lease land or goods for its own behalf or to others. Section 5. a) In order to fund the MSBU expenditures authorized by this Ordinance, the governing body may impose non-ad valorem assessments pursuant to Sec. 197.3632, F.S., against all real property within the MSBU that will be specially benefited by the 2 construction, operation and maintenance of sewage collection infrastructure. The non-ad valorem assessments may be calculated on a front footage or per lot or per unit basis or according to any other method lawful in the State of Florida that fairly apportions the cost of constructing the sewage collection infrastructure and the benefit received by the property subject to the assessment. If the owner of real property contributes land or capital improvements that will be used and useful in the construction or operation of the sewage collection infrastructure, then the amount of the non-ad valorem assessment levied against the real property owner must be reduced by a credit equal to the value of the contribution. If the contribution exceeds the value of the assessment in the year in which the contribution was made, then the value of the contribution remaining after the initial deduction must be credited against subsequent assessments until the credit value is reduced to zero. The value of any contribution of land or capital improvements must be made by a real estate appraiser employed by the County or the County Engineer, as appropriate, after conferring with the contributing property owner or his representative(s). The decision of the appraiser or County Engineer as to value is the final determination of the MSBU. b) The governing body may call for a referendum before imposing any non-ad valorem assessments. If the governing body calls for a referendum, then no non-ad valorem assessments may be imposed until a majority of electors residing in the MSBU and voting in the referendum approve the imposition of such assessments. c) If upon completion of sewage collection infrastructure and the retirement of any bonds, anticipation warrants, notes or other instruments of indebtedness, there remain unused MSBU funds originally collected through non-ad valorem assessments, those funds may be refunded to the owners of properties (as shown by the most current records of the Property Appraiser) that were subject to assessment in a manner that the governing body determines to be fair and just. However, in calculating the amount available for refund, the governing body must set aside a sufficient amount to cover the administrative costs in making the refund. 3 Section 6. In entering into contracts, the MSBU must observe all applicable statutes, County ordinances and purchasing policies, including all County insurance and indemnification requirements. The requirement of any applicable statute, County ordinance or purchasing policy may be waived for the MSBU only to the extent that waivers are authorized by the statute, ordinance or policy. Section 7. The County Administrator must make County personnel available to the MSBU for carrying out its task of constructing, operating and maintaining sewage collection infrastructure. The MSBU must, however, reimburse to the County the County's costs in furnishing personnel. Costs, for the purposes of this subsection, means a pro-rata share of salaries and benefits (including retirement contributions) for the County personnel furnishing assistance, plus Sec. 112.061, F.S., reimbursable expenses. Section 8. The Clerk of the Circuit Court is the Clerk, accountant and auditor for the MSBU. The Clerk is the custodian of the MSBU's records, minutes and accounts. The Clerk must invest or reinvest surplus MSBU funds in the same manner as the Clerk invests or reinvests other surplus County funds and audit the MSBU's account in the same manner as the accounts of the County Commission are audited. The MSBU must reimburse the Clerk's costs in furnishing his services as clerk and accountant. Costs, for the purpose of this section, means a pro-rata share of the salaries and benefits (including retirement contributions) of the Clerk's personnel furnishing services to the MSBU, plus Sec. 112.061, F.S., reimbursable expenses. Section 9. a) The adoption of assessment resolutions and non-ad valorem rolls must be as provided in Sec. 197.3632, F.S. At the public hearing at which the governing body adopts the assessment, the governing body may adjust the assessment, or the application of the assessment to any affected property, based on the benefit which the governing body will provide or has provided to the property with the revenue generated by the assessment notwithstanding the notice provided as required by Sec. 197.3632(4)(b), F.S. 4 b) At the public hearing provided in subsection 9(0), the governing board may also adopt such fees and service charges as the governing board determines are prudent and useful in carrying out the purposes of the MSBU. Section 10. 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 11. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 12. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 13. 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 that Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 14th day of April ,1999. yes yes yes yes yes B~o-kl.. Co. (k)<1~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~~d...-r~.-.~~ Mayor/Chairman jordiisisewer 5 GoUNTy.C• f,4 f ���OF COUM�•fy ,n..r.- ;Danny IL. iaot!jage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-3660 May 5, 1999 Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws The Elliott Building 401 South Monroe Street Tallahassee, FL 32399-0250 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 017- 1999 creating the Stock Island Area Sewage Collection Municipal Service Benefit Unit (MSBU) ; Providing that the MSBU includes all of Stock Island not part of the City of Key West; Providing that the MSBU governing body is the Monroe County Board of County Commissioners; Providing for the governing body's powers and duties; Providing for the levy of Non-Ad Valorem Assessments for sewage infrastructure construction; Providing that the governing . body may call a referendum before imposing non-ad-valorem assessments; Providing for the duties of the County Administrator and Clerk of the Circuit Court with regard to the MSBU; 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on April 14, 1999. Please file for record. Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis Deputy Clerk cc: Municipal Code Corporation Board of County Commissioners County Attorney County Administrator Growth Management Director Monroe County Tax Collector File Z 490 496 669 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail Se Sent to e reverse fY\'-I..1'. \ t...\ 0.\ C.O ~.o St~t & Number -- . ~. ~O~....,.~ Po~Office, State, & ZIP Code \CIl..\\. ~L- ~1.: Postage $ Certified Fee Special Delivery Fee L{) 8l Return ::: Whom 't5.. Return ~ <( Date, & ci o CO (') E (; LL en a.. _Of' ~ .,,*- D\,\-\<:lt,<iC\, + Z 490 496 666 US Postal Service Receipt for Certified Mail .No Ins!Jrance Coverage Provided. Do not use for International Mail See reverse Sel)ttq LI Z. CAU4.eI CA, (. /' St~jt & Num~ -LL b ',1 7'()/ JdtL "rn /'lDnrlJe fr::. p~ice, State,j!. ZIP Code -/tt II a.. nil fJ ~IZ Postage $ Certified Fee ( -\~ Special Delivery Fee OrJ.1F tJ/7" 199? Is your RETURN ADDRESS ~ on the rever'M ...? ~ !'l !J1 ~ ~~, ~t-w .. · ... '11 >< ~ "i.[ ~ F: ~ N'), ~i~~ i!i@ ~S?S?zm o cc 0 _, " ~_.. a: < "'2l'la.a~~ 3 ~ ~. ~ l- \l\. ~"s:i ~ ~ :Xi ,.. =: o~ "2."2. C Co) e- < ,- ~J':I !..J(!l !='-<:!l 2:~5il!l!m CD CD ~ ~ ~ ~ ~ ~)> 3~ ~F,,:=::=:::D ::: i tD "' ~~. C;; ~ ~ Q: ~i ~ ~ ~ r. ~ Q. .. '" ~'\ ~"g: !R'I!! 0 I!!.!o'- ( i ] J ~~ ~Q~ iH in ~ 0 '- ~ ,~. :IE III a :1.0' .., " ~t~ ~. ~ 08, g?";;; <0 ~ .. \'\ ~.... ",.'~ 1.. l g. 2; ~ ~ " .... ~ ~~ i. ~ ~ \4 ~ ~ ~f. J I ; \\ ~ ~~. Q:"2. sa a ~. .... l' "'2 g g. .. ~ ~ ~ il i i . ~'i ... l!l il", 5' a.~ -a a ~~ 2 ~ 5'E I g it a i ~ .. l o o 3 (I) CIl - 5' JJ (I) - c ., :J JJ (I) (') (I) '6' - 1D!Xl)>C, ~DDD~Nt :;) lPS'm:ocn)> .~~ rD~~~.~..c:a CD = So (!l tn o' ~t"\ 2- (;i'(!l 0 i:D = ~ (!l ;::!(!l (!l (!l ,.(!l-l~z ~tn- = ::.. C,<< c: a:> ~-SZ:~ "tl 3 ~ -..;:;C,<-<O' (!l g~~:-" ~ i ~"'~DO ~.. i ~ i; ~ ~;,{) ~::I. CD m ~ = DD~ ~ ~~!- o 5" {)\...;. :C' )> g~~ ~~Q: ~ ~ !! Thank you for using Return Receipt Service. + .! ~ ! ltg;e: ~~~ !~!. ..tn:r (!l_ s.~ 2~ tn(!l ~~. ~g ~(!l DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of CotpOrations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET FWRlDA DEPARrMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tal1ahassee Preservation Board Historic TampalHil1sborough County Preservation Board RING LING MUSEUM OF ART May 12, 1999 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge letters dated May 5, 1999 and May 7, 1999 and certified copies of Monroe County Ordinance Nos. 017-1999 and 018-1999, which were filed in this office on May 12, 1999. Sincerely, 2No~ Liz Cloud, Chief Bureau of Administrative Code LC/lc BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427 FAX: (850) 488-7869 . WWW Address: http://www.dos.state.f1.us . E-Mail: election@mail.dos.state.fl.us MUNICIPAL CO::lE CORPORATION Custoaer Ser~ice PO Box 2235 Tallaha~see, Fl 32316-2235 Supple.ent 66 05/1111999 We have receIved the following laterial. Thank you for your assistance and cooperdtion. Ordinance Mos. 015-1999, 016-1999 and 017-199g. I"BOO-262-26~3 (National) BJJ Let us put feur linutes on coaputer for you... We can index, ilage and convert to database. E-.ail your ordinances to ordstlail..unicode.col Search other codes on our hOlepage at lunicode.col Need additional copies of your zoning or charter? We can print copies of any section of the Code. Call ~ur Custoaer Service Depart.ent for costs. it; f:.; I'~ ~~ TO: "5. Ruth Hnn Jantzen Deputy Clerk "onroe County 500 Whitehead Street Key West, Fl 33040 1..11 It ,n.1I ,...4..111.. II II.. ...,.. .1.. ItUnflll "---"--~- - - --. -- - ~~'--:-- -: ~ ~":~"~::,~.;,~7 --: ~:_;, ~",~_,_--: "'l'1";;;\.~~:'"r-"n '::,......~:;.;,,',-~_:.~. -- 7~ :r Serving the Florida Keys ~. ~ :.:0 C') ..>~ P.O. Box 1197 · Tavernier, Florida 33070-119~~::~ (305) 852-3216 Fax: (305) 852-8249 g~)~ __:::o~ ""'-. C) -iC'). ;<:-i:J:: STATEMENT OF PROOF OF PUBLICATI~~ USPS #905580 . \D :!! \D :J:lIo r- .." ,." :::0 0 , ..." ...... a ::u .." :::0 :x St ,." ("') .r:- > 0 :::0 - C STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad. NOTICE OF INTENT SEWAGE COLLECTION, 3/25/99. Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. ~ [k/; SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 25TH DAY OF MARCH, A.D. , 1999 ~~.k?LL~ NOTARY PUBLIC MY COMMISSION EXPIRES: "''lIlEle R Dove r"mmlaalon CC810ll88 !'ebrusry 21, 200a of'" ~ Davee R Dove *'fi.*My CommIsIion CC810988 ,~.....',; Expires February 21 , 2003 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CON- CERN that on Wednesday,April 14, 1999,at 10:00 AM at the Harvey Center-Truman School, 1200 Truman Avenue,Key West,Monroe County,Florida,the Board of County Commissioners of Monroe County,Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE CREATING THE STOCK ISLAND AREA SEWAGE COLLECTION MUNICIPAL SERVICE BENEFIT UNIT(MSBU);PROVIDING THAT THE MSBU INCLUDES ALL OF STOCK ISLAND NOT - I PART OF THE CITY OF KEY WEST;PROVIDING THAT THE MSBU GOVERNING BODY IS THE MON- ROE COUNTY BOARD OF COUNTY COMMISSION- ERS;PROVIDING FOR THE GOVERNING BODY'S POWERS AND DUTIES;.PROVIDING FOR THE LEVY OF NON-AD VALOREM ASSESSMENTS FOR SEWAGE INFRASTRUCTURE CONSTRUCTION; PROVIDING THAT THE GOVERNING BODY FOR THE DUTIES OF THE COUNTY ADMINISTRATOR AND CLERK OF THE CIRCUIT COURT WITH REGARD TO THE MSBU;PROVIDING FOR SEVER- ' ABILITY;PROVIDING FOR THE REPEAL OF ORDI- NANCES ISTENT HEREWITH;PROVIDING FOR INCLUSION SIN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE Pursuant to Section 286.0105,Florida Statutes, notice ie is given that if a person decides to appealany decision made by the Board with respect to any matter consid- ered at the hearing,he will need a purpose,he may need to i rd of the pro- ceedings,and that,for such pure ensure that a verbatim record of the proceedings is made,which record includeshs to te testimony be based.and evi- dence upon which the appeal Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County,Florida. Dated at Key West,Florida,this 12th day of March, 1999. DANNY L.KOLHAGE,Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida Published:-3/181-&3/2599 _ The Reporter Tavernier,Florida 33070 fLORIPA IU:r:J 'KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida STATE OF FLORIDA COUNTY OF MONROE no. 9845200 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on WedneSday, April 14, 1999, at 10:00 AM at the Harvey Cen- ter - Truman School, 1 200 Tru- ."-manAvenue, Key West, Mon- roe County, Florida, the Board of County Commissioners of Mon- roe Counw, Florida, intends to consider the adoptidn of the fol- lowing County ordinance: Before the undersigned authority person- ally appeared TOM SCHUMAKER who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date of publication) MArch 20, 27, 1999 AN ORDINANCE CREATING THE STOCK ISLAND AREA SEWAGE COLLECTION MU- NICIPAL SERVICE ,BENEFIT UNIT (MSBU); PROVIDING THAT THE MSBU INCLUDES ALL OF STOCK ISLAND NOT PART OF THE ,CITY OF KEY WEST; PROVIDING THAT THE MSBU GOVERNING BODY IS THE . MONROE COUNTY BoARD OF COUNTY COMMIS- SIONERS; PROVIDING, FOR THE . GOVERNING BODY'S POWERS AND DUTIES; PRO- VIDING FOR THE LEVY OF NON-AD VALOREM ASSESS- MENTS FOR SEWAGE INFRA- STRUCTURE CONSTRUCTION; PROVIDING THAT THE GOV- . ERNING BO'DYMAY CALL A REFERENDUM BEFORE IM- POSING NON-AD VALOREM I ASSESSMENTS; PROVIDI NG , FOR THE DUTIES OF THE COUNTY . ADMINISTRATOR AND CLERK ,OF THE CIRCUIT COURT WITH REGARD TO THE MSBU; PROVIDING FOR SEV-. ERABILlTY; PROVIDING FOR I THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; ..PROVIDING FOR INCLUSION IN THE CODE OF ORDI- NANCES; 'PROVIDING AN EF- FECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes., notice is given I that if a person dacides to lIP-' peal any decision made by the I ' BolIrd with respect to any mat- tar considered at the heerlng, he will need a record 01 the. pro- ceedings, and that, for such pur- pose, he. may need to ensure thet a verbatim record of the proceedings is made, which re- cord includes the testimony and avidence uPon which the appeal is to be based. Copies of the above-referenced ordinance are evailable for re- view 8t the varioua public liPrar- iesin MonroeCounw, Florida. Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in the said Monroe County, FloFida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or r.efund for he purpose of sec ing t is a vertiseme for publicat'on . e sa n paper(s Dated at Key West" Florida, this 12th day of March, 1999. . I DANNY L. KOLHAGE. Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe Coun"ty, Florida ~ Publish March 20, 27,1999. FlorideKeys Keynoter ,1999 '--..