Tab 1D Ordinance 023-2012EXHIBIT D
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 SEVERABILTTY;
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 Or&n mce
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 healing 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
W HEREAS , 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 rnEw mdure Solos Tax Page 1 of 3
to 2033 (1124112 XP - App to Adv PH BOCC 9 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 Or&r=xe 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
COMMISSIONERS 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.
S ection 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_
Sectioti 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 Around Ord - 2012 Ext r fi x A ma ..r,,.. SLIp Tax Page 2 of 3
to 2033 (1!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.
l
Mayor David Rice
Yes
Mayor Pro Tem Kim Wigington
Yes
'i. Commissioner Heather Carruthers
Yes
4
Commissioner George Neugent
Yes
Commissioner Sylvia Murphy
Yes
(SEAL)
By 1� E, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF 7 72M +x', F A
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ORD Amend Ord 17 -1011 Ext lnfiwtructure Sales Tax Page 3 of 3
to 2033 (7 /24112 KP - App to Adv PH BOCC 8 1S 12)
MONROE COUNTY COURTHOUSE
500 W IIITEIMAD STREET, SUITE 101
KEY W EST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIL;IIIVAY
M ARATHON, FLORIDA 33050
TEL. (3D5) 289 -6027
FAX(305)289 -1745
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BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 852 -7146
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.c I erk -o f- the-court. corn
October 9, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Ms. Cloud,
ROTH BUILDING
50 H IGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 952 -7145
FAX (305) 853 -7440
Via CerJifred Mail 7012 1010 0003 4990 5040
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: PanrelaG. Hancock, D.C.
cc: MuniCode via e-mail
County Attorney via e -mail
File