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Item Z2 , BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 20 November 2002 Division: Growth Management Bulk Item: Yes No X Department" Marine Resources AGENDA ITEM WORDING: Approval to advertise four ordinances creating Municipal Service Taxing Units (MSTUs) for Conch Key, Marathon, Baypoint, and Big Coppitt. ITEM BACKGROUND: The Florida Keys Aqueduct Authority (FKAA) 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 FKAA has proposed entering into a cooperative inter local 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 Municipal Service Taxing Unit (MSTU) authorized of County governments (not municipalities) under Section I25.0I(l)(q), Florida Statutes. No referendum is required for levy by a County of ad-valorem taxes for 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 properties. Funding levels and millage would be justified in a four 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 properties under the MSTU. The FKAA, with their bond council Mark Lawson, will make a presentation to the Board on this issue. The Board will be asked to authorize advertising four MSTU Ordinances (Conch Key, Marathon, Baypoint, and Big Coppitt) for public hearing at the Commission's December regular meeting. Attached for your review is an executive summary drafted by Mark Lawson, a four year operating budget for each MSTU, a draft interlocal agreement, and copies of each MSTU ordinance. If the Board approves the MSTU in December, they will also be requested to approve an lnterlocal Agreement between the County and FKAA for use ofthe funds. In order for the MSTU to be effective for the coming tax bill (fall 2003), the MSTU ordinances must be passed before January 1,2003 in accordance with Florida Statutes Chapter 125. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS; Approval TOTAL COST: None BUDGETED: Yes No COST TO COUNTY: None REVENUE PRODUCING: Yes ---1L No Year tbd APPROVED BY: County Atty -L h Management DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included To Follow DISPOSITION: AGENDA ITEM NO.: 2-2- BC021l60 10/30/02 3 :33 PM County of Monroe Growth Mana!l:ernent Division 2798 Overseas Highway Suite 410 Marathon, norida 33050 Voice: (305) 289 2500 FAX: (305) 2892536 Board of County Commissioners Mayor Charles "Sonny" McCoy, Dist. 3 Mayor Pro Tern Dixie M. Spehar, Dist. 1 Comm. Murray Nelson, District 5 Comm. George Neugent, District 2 Comm. David Rice, District BRIEFING SHEET ON PROPOSED MUNICIPAL SERVICE TAXING UNITS BACKGROUND The Florida Keys Aqueduct Authority (FKAA) requests that Monroe County establish a Municipal Service Taxing Unit (MSTU) for each of the following wastewater project service areas: Baypoint; Conch Key; Big Coppitt; and, City of Marathon. A detailed Executive Summary of the purpose, establishment, and implementation of the MSTU has been prepared by FKAA and is attached for your information. FUNDING ISSUE The FKAA has determined that it has insufficient grant and other funding sources to underwrite the up-front planning, engineering, and associated overhead costs of wastewater projects to be undertaken for the County and City of Marathon until such time as sufficient revenues are generated through either new grants or by rates, fees, and chargers to users. To help address this problem, the FKAA is proposing that the County establish MSTUs that would generate ad valorem taxes from those properties that will directly benefit from the wastewater projects. FACTS o MSTUs may be established to underwrite up-front planning and engineering costs prior to the construction and operation of a wastewater project under Section 125.01(1)(q), Florida Statutes. o Excluding the proposed MSTU for the City of Marathon, the ordinance establishing each MSTU, must be approved by January 1, 2003, in order for the ad valorem tax to be applied to the October 1,2003, tax rolls. o The MSTU for the City of Marathon requires consent by the Marathon City Council and, if applicable to the entire corporate limits, may be adopted by ordinance as late as June of next year to for the ad valorem tax to be applied to the October 1,2003, tax rolls. o Each MSTU boundary will be coterminous with those of the wastewater project service area, which means that only properties benefiting from the public improvement will be assessed taxes to support the financing ofthe project. Page 1 0[2 o Each property within a MSTU will be assessed an ad valorem tax that will underwrite FKAA's planning, engineering, and associated overhead costs for development of the wastewater system within the taxing district boundaries. o Each MSTU will be in place up for a maximum of four years, after which time sufficient revenues, rates, fees, and charges to users become available. o Each approved MSTU will be implemented at a later date through a project specific Interlocal Agreement between the County and FKAA. o The revenues collected per MSTU will only be spent on each area's pro-rata share of the FKAA's costs for planning, engineering, and associated overhead costs. o The County Commission will annually approve the budget and establish the milleage rate for each MSTU. o The revenues generated to support FKAA's development of these projects will write down the future costs for properties required to hook-up when the wastewater facility becomes operational. o If the MSTUs are established, the FKAA will require other committed funding sources, either from the County or grants. Page2of2 EXECUTIVE SUMMARY TO: Board of Directors of the Florida Keys Aqueduct Authority Board of County Commissioners, Monroe County, Florida CC: City Council, City of Marathon, Florida FROM: Jim Reynolds, Deputy Executive Director, Florida Keys Aquewct Authority RE: Developing a Limited Funding Source to Pay for Initial Costs of Administration, Planning and Development of Wastewater and Reclaimed Water Projects DATE: November 4, 2002 OBJECTIVE To provide an overview and the necessary implementing documents for the timely creation a limited funding source, to pay for start-up costs for wastewater, reclaimed water projects. This executive summary discusses a funding arrangement by interlocal agreement between Monroe County and the Florida Keys Aqueduct Authority and is a follow-up to Bob Feldman's earlier memorandum to you. FKAA staff, in consultation with Monroe County and affected municipal officials, has developed a proposed interlocal agreement, a four-year budget and necessary implementing documents to create a series of municipal service taxing units which could fund start-up wastewater project costs in specific areas of Monroe County. These municipal service taxing units would only be in place for four (4) years with a limited millage autlDrization necessary to fund expected budgets for each area. The revenues collected in each area would also only be spent on each area's pro-rata portion of the FKAA four-year budget for administration, planning and project development. It is important to understand that the limited funding source proposed only creates limited start-up funding for four (4) years and is based upon ad valorem taxes on all properties in only the areas identified. The budgets do not pay for substantial final engineering, construction and other project costs which must be paid for by State and Federal grants and ultimately by rates, fees and charges (including non-ad valorem special assessments) imposed on the benefited end use over a twenty to twenty-five (20- 25) year period. Executive Summary November 4, 2002 Page 2 CONSIDERA TIONS Community Challenge The FKAA provides potable water treatment and distribution throughout the Florida Keys and has embarked upon, with State and County encouragement, provision of central wastewater services, facilities and programs tlroughout Monroe County. The FKAA is faced with severe limitations in developing a viable initial funding source for wastewater and reclaimed water projects. Clearly the FKAA has the power to create water and wastewater utilities, impose rates, fees and charges, and issue revenue bonds for such projects. However, the initial administration, planning and development of these projects is problematic in that, notwithstanding the authorizations and powers available to the FKAA, it has no interim revenue source or "general fund" to underwrite these start-up costs. The FKAA is also faced with the problem that it has several potential projects throughout the Florida Keys which merit attention from an administration, planning and development standpoint. Finally, the FKAA is prohibited by its charter from cross collateralizing such activities with water revenues. In other words, the FKAA is prohibited from funding administration, planning and development for wastewater and reclaimed water projects from its water utility revenues. Creating Limited Funding Source For Start-Up Costs In order to address this start-up funding issue, the FKAA and Monroe County propose to enter into a cooperative interlocal agreement to develop a limited funding source for administration, planning and development of wastewater and reclaimed water projects. The limited funding source is the creation of several "municipal service taxing units" which can be created only by a county for specifically identified service areas within both the unincorporated and incorporated areas of the county. Municipal service taxing units are authorized by Section 125.01(1)(q), Florida Statutes, and allows counties to levy additional taxes, within the limits fixed for municipal purposes, within such municipal service taxing units under the authority of the second sentence of Section 9(B), Article VII of the State Constitution. No referendum is required for levy by a county of 00- valorem taxes for the provision of municipal services within any municipal ~rvice taxing unit. Description Of A Municipal Service Taxing Unit (MSTU) A municipal service taxing unit is not constitutionally nor functionally a special district or separate local government. It is purely a mechanism by which a county can Executive Summary November 4, 2002 Page 3 fund a particular service from the levy of ad- valorem taxes, not countywide, but within a specific service area or portion of the county. A municipal service taxing unit is a tax equity tool available to a Board of County Commissioners to, in specific instances, assure that funds derived from any such levy are in fact used to supply the contemplated municipal services within the boundaries of the municipal service taxing unit area. To the extent that any municipal taxing service unit encompasses an incorporated area, the affected municipality would have to also consent by ordinance. Because the municipal service taxing unit would impose an ad- valorem levy, all properties, not just improved properties, would participate in sharing the initial costs of administering, planning and developing wastewater projects. This approach more broadly shares the costs of project development for which all property owners will benefit, but subsequently shifts the burden to improved property owners when the wastewater and reclaimed water utilities are put in place. When the proposed municipal service taxing unit service areas are not within the boundaries of existing special districts or other taxing authorities, the proposed interlocal agreement and ordinances creating the municipal service taxing units have to be adopted prior to the end of this calendar year in order to begin to generate revenues in November 2003. Interlocal Agreement Facilitating Funding Attached is an interlocal agreement between Monroe County and FKAA that provides that FKAA must identify specific budgets and commits FKAA to expend funds provided by the County (which will be collected from the municipal service taxing units) only on the budgets, or pro-rata portion thereof, for the municipal service taxing units' areas from which they were collected. The interlocal agreement provides the form of necessary ordinance to create each municipal service taxing unit and the form of any ordinance necessary for municipal consent. To develop the proposed funding source for the FKAA to administer, plan and develop wastewater and reclaimed water projects, the FKAA would identify the specific service areas or projects, determine taxable values and identify the necessary millage to fund administrative, planning and development costs. Pursuant to the interlocal agreement between the FKAA and the County, the FKAA is required to identify a four- year budget for each municipal service taxing unit or proposed wastewater service area. The municipal service taxing unit would ge nerate funds which the County would pay over to the FKAA to fund this portion of the budget and the FKAA would be responsible Executive Summary November 4, 2002 Page 4 for expending such funds only in the municipal service taxing unit area from which they were collected. This process would only !J> on for four years until each project had been fully developed and was yielding a revenue stream from the wastewater and or reclaimed water facilities which would support the necessary revenue bond financing. At that point the municipal service taxing unit would no longer be funded and will terminate. All monies collected would be monies that would otherwise need to be recovered in the form of a special assessment or through rates upon project completion. Accordingly, the ad valorem taxes imposed through the municipal service taxing unit regime in each area will offset the total project costs only for that area. Once any project is completed and begins to yield a monthly revenue stream, the interlocal agreement provides that taxes collected from each parcel thereafter would be credited to either the affected parcels' monthly account or otherwise reduce special assessments imposed on each affected parcel for each wastewater project. In no event would the municipal service taxing unit continue beyond the four-year period. Finally, because the interlocal agreement requires the determination of the millage amount necessary to fund the pro- forma four-year budget, the millage amount will not increase during the four year duration of the municipal service taxing unit. First Four Municipal Service Taxing Units Assuming the FKAA and Monroe County desire to create supplemental and start- up funding sources in the form of municipal service taxing units pursuant to the interlocal agreement, also attached are the first four proposed municipal service taxing ordinances. (I) Conch Kev Municipal Service Taxing Unit. Pursuant to the interlocal agreement, the FKAA has developed its projected four-year budget to provide administration, planning and project development of wastewater and reclaimed water projects for the Conch Key area. The Conch Key area is identified in the attached ordinance. The imposition of 0,70 mil (also expressed as 70 cents per $1,000 of taxable value) by and through the Conch Key Municipal Service Taxing Unit will be required for Monroe County to annually fund at least $8,000 under the proposed budget required by the interlocal agreement. Pursuant to the interlocal agreement, all monies collected by Monroe County pursuant to the 0.70 mil imposed will be paid to FKAA each year as those ad valorem revenues are paid over to the County by the tax collector during the months of November through April. All monies received by FKAA from Monroe County under the interlocal agreement that are derived from the Conch Key Municipal Service Taxing Unit area are required to be expended by FKAA in providing municipal services (in the form of Executive Summary November 4, 2002 Page 5 administration, planning and project development) for the Conch Key Municipal Service Taxing Unit area. Overall such funds will lessen the cost of wastewater and reclaimed water assessments as they will buy down and pay for administration, planning and project development costs which otherwise would be recovered from future rates, fees or special assessments. Pursuant to the interlocal agreement, the Conch Key Municipal Service Taxing Unit area and the millage imposed will automatically terminate and cease after four years of revenue generation. Attached is the proposed four-year budget and ordinance creating the Conch Key Municipal Service Taxing Unit. The ordinance must be adopted prior to the end of 2002 in order to generate revenue beginning in November 2003. (2) Bav Point Municipal Service Taxing Unit. Pursuant to the interlocal agreement, the FKAA has developed its projected four-year budget to provide administration, planning and project development of wastewater and reclaimed water projects for the Bay Point area. The Bay Point area is identified in the attached ordinance. The imposition of 0.49 mil (also expressed as 49 cents per $1,000 of taxable value) by and through the Bay Point Municipal Service Taxing Unit will be required for Monroe County to annually fund at least $25,000 under the proposed budget required by the interlocal agreement. Pursuant to the interlocal agreement, all monies collected by Monroe County pursuant to the 0.49 mil imposed will be paid to FKAA each year as those ad valorem revenues are paid over to the County by the tax collector during the months of November through April. All monies received by FKAA from Monroe County under the interlocal agreement that are derived from the Bay Point Municipal Service Taxing Unit area are required to be expended by FKAA in providing municipal services (in the form of administration, planning and project development) for the Bay Point Municipal Service Taxing Unit area. Overall such funds will lessen the cost of wastewater and reclaimed water assessments as they will buy down and pay for administration, planning and project development costs which otherwise would be recovered from future rates, fees or special assessments. Pursuant to the interlocal agreement, the Bay Point Municipal Service Taxing Unit area and the millage imposed will automatically terminate and cease after four years of revenue generation. Attached is the proposed four-year budget and ordinance creating the Bay Point Municipal Service Taxing Unit. The ordinance must beoadopted prior to the end of 2002 in order to generate revenue beginning in November 2003. Executive Summary November 4, 2002 Page 6 (3) Big Coppitt Municipal Service Taxing Unit. Pursuant to the interlocal agreement, the FKAA has developed its projected four-year budget to provide administration, planning and project development of wastewater and reclaimed water projects for the Big Coppitt area. The Big Coppitt area is identified in the attached ordinance. The imposition of 0.78 mil (also expressed as 78 cents per $1,000 of taxable value) by and through the Big Coppitt Municipal Service Taxing Unit will be required for Monroe County to annually fund at least $124,000 under the proposed budget required by the interlocal agreement. Pursuant to the interlocal agreement, all monies collected by Monroe County pursuant to the 0.78 mil imposed will be paid to FKAA each year as those ad valorem revenues are paid over to the County by the tax collector during the months of November through April. Executive Summary November 4, 2002 Page 7 All monies received by FKAA from Monroe County under the interlocal agreement that are derived from the Big Coppitt Municipal Service Taxing Unit area are required to be expended by FKAA in providing municipal services (in the form of administration, planning and project development) for the Big Coppitt Municipal Service Taxing Unit area. Overall such funds will lessen the cost of wastewater and reclaimed water assessments as they will buy down and pay for administration, planning and project development costs which otherwise would be recovered from future rates, fees or special assessments. Pursuant to the interlocal agreement, the Big Coppitt Municipal Service Taxing Unit area and the millage imposed will automatically terminate and cease after four years of revenue generation. Attached is the proposed four-year budget and ordinance creating the Big Coppitt Municipal Service Taxing Unit. The ordinance must be adopted prior to the end of 2002 in order to generate revenue beginning in November 2003. (4) Marathon Municipal Service Taxing Unit. Pursuant to the interlocal agreement, the FKAA has developed its projected four-year budget to provide administration, planning and project development of wastewater and reclaimed water projects for the Marathon area. The Marathon area is identified in the attached ordinance. The imposition of 0.77 mil (also expressed as 77 cents per $1,000 of taxable value) by and through the Marathon Municipal Service Taxing Unit will be required for Monroe County to annually fund at least $875,000 under the proposed budget required by the interlocal agreement. Pursuant to the interlocal agreement, all monies collected by Monroe County pursuant to the 0.77 mil imposed will be paid to FKAA each year as those ad valorem revenues are paid over to the County by the tax collector during the months of November through April. All monies received by FKAA from Monroe County under the interlocal agreement that are derived from the Marathon Municipal Service Taxing Unit area are required to be expended by FKAA in providing municipal services (in the form of administration, planning and project development) for the Marathon Municipal Service Taxing Unit area. Overall such funds will lessen the cost of wastewater and reclaimed water assessments as they will buy down and pay for administration, planning and project development costs which otherwise would be recovered from future rates, fees or special assessments. Pursuant to the interlocal agreement, the Marathon Executive Summary November 4, 2002 Page 8 Municipal Service Taxing Unit area and the millage imposed will automatically terminate and cease after four years of revenue generation. Attached is the proposed four-year budget and ordinance creating the Marathon Municipal Service Taxing Unit and the consenting ordinance from the City of Marathon. So long as the Marathon Municipal Service Taxing Unit includes all of the incorporated area of Marathon this municipal service taxing unit could be created and consented to by ordinance as late as June. Otherwise, like the other newly created taxing units, the ordinances must be adopted prior to the end of 2002 in order to generate revenue beginning in November 2003. RECOMMENDATIONS (I) Recommendation: That the Monroe County Board of Commissioners and the Board of Directors of the Florida Keys Aqueduct Authority enter into the interlocal agreement before the end of the calendar year. (2) Recommendation: Pursuant to the Interlocal Agreement, the Monroe County Board of Commissioners adopt, prior to year end, ordinances establishing and creating: (A) Conch Key Municipal Service Taxing Unit (B) Bay Point Municipal Service Taxing Unit (C) Big Coppitt Municipal Service Taxing Unit (D) Marathon Municipal Service Taxing Unit* * The Ordinance establishing and consenting to the Marathon Municipal Service Taxing Unit also requires municipal consent by ordinance and is attached as well. Attachments: (1) proposed Interlocal Agreement (2) proposed four year budget(s) (3) proposed ordinance creating Conch Key Municipal Service Taxing Unit (4) proposed ordinance creating Bay Point Municipal Service Taxing Unit (5) proposed ordinance creating Big Coppitt Municipal Service Taxing Unit (6) proposed ordinance creating Marathon Municipal Service Taxing Unit (7) proposed municipal ordinance consenting (Marathon only ATTACHMENT (1) PROPOSEDINTERLOCALAGREEMENT Inter/ocal Agreement; Execution Copy INTERLOCAL AGREEMENT RELATING TO DELIVERY OF W ASTEW A TER SERVICES, FACILITIES AND PROGRAMS BY AND BETWEEN MONROE COUNTY AND THE FLORIDA KEYS AQUEDUCT AUTHORITY ADOPTED NOVEMBER , 2002 interloeal Agreement: Execution Copy TABLE OF CONTENTS PAGE ARTICLE I INTRODUCTION SECTION 1.01. FINDINGS ................................................................................................ 1 SECTION 1.02. CONSTRUCTION AND INTERPRETATION................................... 3 SECTION 2.01. SECTION 2.02. SECTION 2.03. SECTION 3.01. SECTION 3.02. SECTION 3.03. APPENDIX A APPENDIX B ARTICLE II INTERLOCAL AGREEMENT CREATION OF MUNICIPAL SERVICE TAXING UNITS ............4 INCLUSION OF MUNICIPAL AREAS .............................................. 4 FUNDING OF ADMINISTRATION, PLANNING AND DEVELOPMENT COSTS ............................................................ 4 AR TI CLE III GENERAL PROVISIONS RECORDING; EFFECTIVE DATE ......................................................6 TERMIN A TI ON....... ..................... ....... ........................... ..... ...... ......... ..... 6 AMENDMENT ...... ................................... ................. ................... ........... 6 APPENDICES FORM OF COUNTY ORDINANCE CREATING MUNICIPAL SERVICE TAXING UNIT FORM OF MUNICIPAL ORDINACE CONSENTING TO CREATION OF MUNICIPAL SERVICE TAXING UNIT INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into as of this day of November 2002, by and between Monroe County, Florida (the "County"), and the Florida Keys Aqueduct Authority (the "Authority"). WIT N E SSE T H: NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration each to the other, receipt of which is hereby acknowledged by each party, the County and the Authority hereby agree, stipulate and covenant as follows: ARTICLE I INTRODUCTION SECTION 1.01. declared that: FINDINGS. It IS hereby ascertained, determined and (A) The Authority is authorized by Chapter 76-441, Laws of Florida, as amended, to obtain, supply, and distribute an adequate water supply for the Florida Keys and to collect, treat and dispose of wastewater in the Florida Keys. (B) The Authority presently owns and operates a potable water treatment and distribution system, various storage pumping and repumping facilities, water transmission mains, and various service connections and meters providing water service within Monroe County and has at the County's urging embarked upon providing central wastewater services, facilities, and programs within the County. (C) Although the Authority provides central water facilities and services to the incorporated and unincorporated areas of Monroe County, the County, with the exception of the City of Key West, is not served by central sewer facilities normally and generally provided and maintained by governmental agencies, and, instead, such areas are served by cesspits, private septic tanks or individually owned on-site disposal systems or package sewage treatment plants. (D) The provision of water and wastewater services are so interlocked that the provision of wastewater can not be effective without the provision of water. The provision of both water and wastewater services, facilities and programs by a single provider is efficient and cost effective. Inter/ocal Agreement; Execution Copy (E) The Florida Keys and Monroe County are the home to a complex and dynamic ecosystem whose environment is threatened by elevated levels of nutrients in surrounding canals and nearshore waters that are the result of antiquated wastewater disposal systems and facilities which provide only minimal nutrient removal in the treatment 0 f wastewater. (F) Monroe County and the Authority have worked to identify funding sources and grants from local, state and federal sources to advance the provision of central water and wastewater services, facilities and programs within the County and it is imperative to the health, safety and welfare of the citizens of the County that the delivery of such services, facilities and programs be expeditiously advanced. (G) The initial administration, planning and development of wastewater and reclaimed water projects by the Authority is problematic in that, notwithstanding the authorizations and powers available to the Authority, it has no interim revenue source or general fund to underwrite wastewater project start-up costs. The Authority is currently faced with several potential wastewater projects throughout the County which merit immediate attention from an administration, planning and project development standpoint. (H) The County and Authority desire to cooperatively advance the development and expansion of the Authority's wastewater systems throughout the County. It is the intent and desire of the County and Authority to utilize all immediately available resources and focus the efforts of the County and the Authority to develop an efficient and cooperative approach to delivering central water and wastewater services, facilities and programs within the County as expeditiously as possible so as not to lose available funding opportunities therefore. (I) In order to assist the Authority in providing start-up funding, the Authority and the County desire to create a limited funding source for administration, planning and project development of wastewater and reclaimed water projects in the form of one or more municipal service taxing units which can be created by a county for specifically identified service areas within both the incorporated and unincorporated areas of the county. Municipal service taxing units are authorized by Section 125.01(l)(q), Florida Statutes, and allow counties to levy additional taxes, within the limits fixed for municipal purposes, within each such municipal service taxing unit under the authority of the second sentence of Section 9(B), Article VII, of the State Constitution. (J) A municipal service taxing unit is not constitutionally nor functionally a special district or separate local government. It is purely a mechanism by which a county can provide funding for a particular service from the levy of ad valorem taxes, not county-wide, but within a specific service area or portion of the county. A municipal service taxing unit is a tax equity tool available to a Board of County Commissioners to, in specific instances, assure that funds derived from any such levy are in fact used to 2 Inter/oca/ Agreement; Execution Copy supply the contemplated municipal services within the boundaries of the municipal service taxing unit area. (K) To the extent any municipal taxing service unit encompasses an incorporated area, the affected municipality would by law also have to consent by ordinance. (L) This Interlocal Agreement provides an opportunity for the County and the Authority to develop a funding source and means for the Authority to administer, plan and develop wastewater and reclaimed water projects and specific budgets therefore within identified service areas. The creation of municipal service taxing units by the County will generate start-up funding which will allow the County to obligate itself to pay over an equivalent amount to the Authority to fund such administrative, planning and project development costs, and this Interlocal Agreement will obligate the Authority to be responsible for expending such funds only in the municipal service taxing unit from which such funds were collected. (M) The creation of one or more municipal service taxing units to provide such start-up funding is a fair and equitable means of providing municipal services to advance the administration, planning and the initial development of wastewater and reclaimed water projects to address the lack of central wastewater disposal systems and facilities and the environmental threats resulting from elevated levels of nutrients in nearshore waters. SECTION 1.02. CONSTRUCTION AND INTERPRETATION. (A) Words that indicate a singular number shall include the plural in each case and vice versa, and words that import a person shall include firms and corporations. (B) The terms "herein," "hereunder," "hereby," "hereof," and any similar terms, shall refer to this Agreement; the term "heretofore" shall mean before the date of execution of this Agreement; and the term "hereafter" shall mean on or after the initial date of execution of this Agreement. (C) Words that reference only one gender shall include all genders. (D) This Agreement shall be construed as resulting from joint negotiation and authorship. No part of this Agreement shall be construed as the product of anyone of the parties hereto. 3 interlocal Agreement; Execution Copy ARTICLE II INTERLOCAL AGREEMENT SECTION 2.01. CREATION OF MUNICIPAL SERVICE TAXING UNITS. Upon request from the Authority identifying with specificity the boundaries of the proposed municipal service taxing unit area and providing a proposed four (4) year budget for each such municipal service taxing unit relating to the administration, planning and development of wastewater and or reclaimed water projects therein, and a proposed millage required to annually fund such budget, the County agrees to timely consider and in good faith adopt an ordinance creating one or more municipal service taxing units in substantially the form of the pro-forma ordinance attached hereto as Appendix A. SECTION 2.02. INCLUSION OF MUNICIPAL AREAS. None of the obligations provided for herein between the County and the Authority shall be effective within any municipal area until the affected municipality has also consented to the creation of a municipal service taxing unit by ordinance in substantially the form attached hereto as Appendix B. SECTION 2.03. FUNDING OF ADMINISTRATION, PLANNING AND DEVELOPMENT COSTS. (A) Upon adoption of an ordinance creating a municipal service taxing mit as provided for in this Agreement, the County agrees to and shall pay over to the Authority upon receipt each month between November and April an amount equal to all revenues actually collected by the County as a result of the levy of ad valorem taxes imposed and collected as a result of the creation of any such municipal services taxing unit. (B) The obligation to continue funding the proposed budget from year to year with each municipal service taxing unit shall be for only four (4) consecutive years of revenue collection through each municipal service taxing unit. (C) For each municipal service taxing unit created by the County, the Authority shall endeavor to separately account for and respectively allocate the administration, planning and development costs for projects located within and substantially benefiting each municipal services taxing unit area. (D) The County is providing start-up funding for municipal services to be provided by the Authority, which the Authority agrees to provide, in the form of administration, planning and development of wastewater and reclaimed water projects. The parties understand and acknowledge that such funding for municipal services will not provide final engineering or construction funding and that each project will require 4 Interlocal Agreement; Execution Copy substantial State and federal grants and funding from rates, fees and charges imposed upon end users. (E) Beginning in the first full calendar year after any wastewater and or reclaimed water project is constructed and begins to yield a monthly revenue stream for wastewater service necessary to fund operations, maintenance and the debt obligations therefore, each parcel connected to the Authority's wastewater facilities and paying a monthly rate or charge for wastewater service prior to January 151 of such calendar year shall receive a credit to the affected parcels' monthly statements or to otherwise reduce rates, fees or charges (including non-ad valorem special assessments) payable to the Authority in an amount thereafter imposed pursuant to the applicable municipal services taxing unit. Such credit shall be in an amount determined for each parcel on the maximum allowable discount (i.e. typically the discount for taxes paid in November). 5 inter/oca/ Agreement; Execution Copy ARTICLE III GENERAL PROVISIONS SECTION 3.01. RECORDING; EFFECTIVE DATE. (A) This Agreement, and any amendment hereto, shall be filed with the Clerk of the Circuit Court for Monroe County, Florida, as required by Section 163.01(11), Florida Statutes. (B) This Agreement shall become effective upon execution hereof by the County and the Authority as provided herein. SECTION 3.02. TERMINATION. This Agreement shall terminate not later than four (4) years after September 30, 20 II. SECTION 3.03. AMENDMENT. This Agreement shall not be modified or altered except by another written agreement executed by the County and the Authority. 6 Inter/oca/ Agreement; Execution Copy IN WITNESS WHEREOF, the County and the Authority have caused this Interlocal Agreement to be duly executed and entered into on the date first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) By: Mayor/Chairperson Danny L. Kolhage, Clerk By: Deputy Clerk THE FLORIDA KEYS AQUEDUCT AUTHORITY (SEAL) By: Chairman ATTEST: Clerk Inter/oea/ Agreement; Execution Copy APPENDIX A FORM OF COUNTY ORDINANCE CREATING MUNICIPAL SERVICE TAXING UNIT Inter/oca/ Agreement: Execution Copy MONROE COUNTY, FLORIDA ORDINANCE NO. AN ORDINANCE OF MONROE COUNTY, FLORIDA, CREATING THE [NAME) MUNICIPAL SERVICE TAXING UNIT LOCATED WITHIN THE UNINCORPORATED AREA OF MONROE COUNTY, [AND THE INCORPORATED AREA OF THE CITY OF (NAME, IF APPLICABLE,) 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 [INSERT) -MILLS; AUTHORIZING THE USE OF THE TAX REVENUE FOR ENUMERA TED PURPOSES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY OOMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: SECTION 1. TITLE. This ordinance may be cited as the [Name). SECTION 2. AUTHORITY AND PURPOSE. (A) This Ordinance is enacted under the authority of Article VIII, section 1, Florida Constitution, and sections 125.01 and 125.66, Florida Statutes. The Board of County Commissioners (the "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 gmeral 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 A-I Inter/oea/ Agreement; Execution Copy 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. (0) This Ordinance is entered into to fulfill the obligation of the Board under an Interlocal Agreement by and between the Board and the Florida Keys Aqueduct Authority (the "Authority") 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 "Interlocal Agreement"). SECTION 3.CREATION OF MUNICIPAL SERVICE TAXING UNIT. (A) Pursuant to the provisions of section 125.01(l)(q), Florida Statutes, there is hereby created a municipal service taxing unit for that portion of the unincorporated areas of the County [and the incorporated area of the City of (insert city name, if applicable)). Such municipal service taxing unit shall be known as the [Name) Municipal Service Taxing Unit. (B) The boundaries of [Name) Municipal Service Taxing Unit are more particularly 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 Interlocal Agreement to assist the Authority in funding the administration, planning and development of wastewater and reclaimed water projects within and benefiting the [Name) 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(l)(q) and (r), Florida Statutes, to levy and collect additional ad valorem taxes at a millage rate not to exceed [text) [number)-mills upon real and personal property within the [Name) Municipal Service Taxing Unit commencing with County fiscal year 200_-200_. [(If applicable) the foregoing millage limitation shall not be increased without the [governing body) of the City of [name of city) first adopting an ordinance consenting thereto.] (B) The collection of ad valorem taxes as authorized herein shall cease after four (4) consecutive fiscal years and the [Name] Municipal Service Taxing Unit shall terminate at the end of County fiscal year 200_ - 200_. A-2 InterJocaJ Agreement; Execution Copy SECTION 5. USE OF REVENUE; IMPLEMENTATION. (A) Revenues derived from ad valorem taxes levied within the [Name) Municipal Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and provide funding for administration, planning and development costs associated with and incurred in advancing of wastewater and reclaimed water projects within and benefiting the [Name) Municipal Service Taxing Unit. (B) The Board shall adopt a budget for the [Name) Municipal Service Taxing Unit for the fiscal year beginning October I, 200_, 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 the lnterlocal 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. EFFECTIVE DATE. [involving incorporated areas) (A) The effectiveness of this Ordinance is conditioned upon the following occurring prior to January 1,200_: (1) the subsequent filing of a certified copy of this Ordinance with the Department of State by the Clerk of the Board; and (2) the City Commission of the City of [Name) adopting an ordinance consenting to the inclusion of the incorporated areas of the City within the boundaries of the [Name) Municipal Service Taxing Unit. (B) After enactment by the Board, this Ordinance shall then take effect upon the filing with the Department of State as provided in section 125.66(2), Florida Statutes. SECTION 7. EFFECTIVE DATE. [involving unincorporated areas only) (A) This Ordinance shall be filed with the Department of State prior to January 1, 200_. (B) After enactment by the Board, this Ordinance shall then take effect upon the filing with the Department of State as provided in section 125.66(2), Florida Statutes. [executions to come) A-3 APPENDIX B FORM OF MUNICIPAL ORDINANCE CONSENTING TO CREATION OF MUNICIPAL SERVICE TAXING UNIT Inter/oca/ Agreement; Execution Copy [NAME], FLORIDA ORDINANCE NO. AN ORDINANCE OF THE [CITY OF [NAME]], FLORIDA, CONSENTING TO THE INCLUSION OF mE INCORPORATED AREA OF THE [CITY] IN THE [NAME] MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR TERMINATION OF CONSENT; LIMITING THE MAXIMUM MILLAGE TO BE LEVIED BY THE [NAME] MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE [GOVERNING BODY] OF THE [CITY] OF [NAME], FLORIDA: SECTION 1. FINDINGS. It is hereby ascertained, determined, and declared that: (A) The Board of County Commissioners of Monroe County, Florida, has established by Ordinance the Monroe County [Name] Municipal Service Taxing Unit for the purpose of providing limited funding source for the reimbursement and provision of municipal services relating to the administration, planning and development of wastewater and reclaimed water projects by the Florida Keys Aqueduct Authority within the [Name] Municipal Service Taxing Unit. (B) In order to fund and provide such services, the effectiveness of the County Ordinance establishing the Monroe County [Name] Municipal Service Taxing Unit is expressly subject to consent thereto by an ordinance adopted by the [governing body of the City]. (C) The [City of [Name]] hereby determines that the inclusion of all of the incorporated area within the boundaries of the [Name] Municipal Service Taxing Unit is a means to ensure that funds derived from such a County levy are in fact used to benefit the area from which they were collected. SECTION 2. CONSENT. The [governing body of City] hereby consents to the inclusion of all of the incorporated area of the [Name] within the [Name] Municipal Service Taxing Unit established pursuant to Monroe County Ordinance No. Such consent shall become effective immediately upon adoption of this Ordinance. Provided, however, such consent shall be subject to the termination provisions in Section 3 hereof. Interloeal Agreement; Execution Copy SECTION 3. LIMITATION OF THE LEVY OF AD VALOREM TAXES; TERMINATION OF CONSENT. (A) It is acknowledged that Monroe County Ordinance No. _ has limited the levy of additional ad valorem taxes to a millage rate not to exceed [text) [number) mills on real and personal property within the [Name) Municipal Service Taxing Unit. (B) The consent herein provided shall be subject to (1) the Monroe County Board of Commissioners not authorizing a millage rate exceeding a [text) [number) mills millage cap for the [Name) Municipal Service Taxing Unit and (2) the Monroe County Board of Commissioners not authorizing the collection of ad valorem taxes as authorized in Ordinance No. _ after the end of County Fiscal Year 200_ - 200_. (C) In the event the millage rate imposed by the City ever reaches [text) [10 minus the millage imposed) mills, the City Commission shall be entitled to terminate any consent provided herein by the adoption of a subsequent ordinance withdrawing such consent prior to May 31 for any ensuing fiscal year. SECTION 4. SEVERABILITY. The provIsIons of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. SECTION S. EFFECTIVE DATE. This Ordinance shall take effect immediately upon adoption. PASSED AND ADOPTED on First Reading on the day of 200_. PASSED AND ADOPTED on Second and Final Reading on the _ day of 200__ [executions to come) ATTACHMENT (2) PROPOSED FOUR YEAR BUDGETS CONCH KEY, MARATHON, BA YPOINT, AND BIG COPPITT Docwnent9 11/06/028:17 AM ATTACHMENT (2) PROPOSED FOUR YEAR BUDGET(S) ---..---- - ...... - marathon $ 1.017,311.719 84% $ 1,017.311.719 88% 7.605 74% big coppill 144.899.674 12% 144.899.674 12% 2.215 21% bay point 41.433.529 3% 0% 431 4% conch key 10.975.338 1% 0% 80 1% 1,214.620.260 100% 1,162.211.393 100% 10.331 100% line _r toIaIlIlloc8bIe coata 2003 201M 2005 2008 2007 Il*I ba.. coats --- I ....,200 $ 492.000 $ 517.000 $ 543.000 $ 570,000 $ 2,122.000 - '_.IiNlnang.1Id oud~ 105,000 108.000 111.000 114,000 117.000 450.000 ong.-nng 20,000 21,000 22,000 23.000 24,000 90.000 ... .-Mt OIher contrac::t&8iIl8I'Yk::es 70.000 72.000 74.000 76.000 78,000 300.000 -1IfO!llCI- 121,000 129.000 132.000 135,000 138.000 534.000 marathon/big coppitt .ngJIegal 205000 210,000 215,000 220.000 226,000 871,000 I tN,200 $ 1,032,000 $ 1.071,000 $ 1.111,000 $ 1.153,000 $4.367,000 marathon 201M 2005 2008 2007 Il*I ba.. coats "lIInes and benefits $ 413.000 $ 434.000 $ 457.000 $ 479.000 $ 1.783,000 r... 1tNcIure. fiMncing end audit 91.000 94.000 96.000 98.000 379.000 engineering 17 ,000 18,000 19.000 20,000 74,000 .1 and oIher contrac:tu81 _MCeI 60.000 62,000 64,000 66.000 252.000 other pro;ect IIdminiatnlbon 109,000 111.000 114,000 116.000 450.000 additional .nginaaring and legal 185,000 189.000 194,000 199,000 767.000 $ 875.000 $ 908.000 $ 944.000 S 978.000 $ 3,705.000 bio coDDltt 201M 2005 2006 2007 tam! ba.. coats ....ne. and benefits $ 59,000 $ 62,000 $ 65,000 S 68.000 $ 254.000 r. Itructure. financ.ng and audit 13.000 13,000 14.000 14.000 54.000 ong...nng 3.000 3.000 3,000 3,000 12,000 legal and other con~1 MMC8I 9.000 9,000 9.000 9.000 36,000 other prOjeCl.:tmintRtwtlon 15.000 16.000 16.000 17 ,000 64,000 additional .ngin..ring and legal 25.000 26.000 26.000 27.000 104.000 S 124,000 $ 129,000 $ 133,000 $ 138,000 S 524.000 bay point 201M 2005 2006 2007 tolaI ba.. coats ---- $ 15.000 S 16.000 S 16.000 $ 17.000 $ 64.000 - _,1iNlnang _ oud~ 3,000 3.000 3.000 4.000 13,000 -- 1,000 1,000 1,000 1,000 4.000 .1 and aIher ~ IeMceI 2.000 2.000 2.000 2,000 8.000 -1IfO!llCI- 4,000 4,000 4.000 4.000 16.000 additional .ngin..ring and legal - - $ 25.000 S 26.000 S 26.000 $ 28.000 $ 105.000 conch key 201M 2005 2006 2007 tam! ba.. coats ..--- $ 5.000 S 5,000 $ 5,000 $ 6,000 $ 21,000 r... atruc:tura. fin8ncing 8nd audit 1,000 1.000 1.000 1.000 4.000 ong.....ng - - teg81 and oIher ~ MrVices 1.000 1,000 1.000 1,000 4.000 other prOJ8d Ildme"_f1Itian 1.000 1.000 1,000 1,000 4.000 additional .ngin..ring and lagal - - - $ 8.000 $ 8,000 $ 8.000 S 9,000 $ 33.000 A TT ACHMENT (3) ORDINANCE CREATING CONCH KEY MUNICIPAL SERVICE TAXING UNIT ORDINANCE NO._ AN ORDINANCE OF MONROE COUNTY, FLORIDA, CREATING THE CONCH KEY MUNICIPAL SERVICE TAXING UNIT LOCATED WITIUN THE UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA, TO PROVIDE WASTEWATER AND RECLAIMED WATER SERVICES AND FACILITIES; DEFINING TIlE BOUNDARIES OF THE UNIT; AUTHORIZING THE BOARD TO ANNUALLY LEVY AD VALOREM TAXES WITHIN THE BOUNDARIES OF SUCH UNIT NOT TO EXCEED 0.70 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 I. TITLE. This ordinance may be cited as the Conch Key Municipal Service Taxing Unit. SECTION 2. AUTHORITY AND PURPOSE. (A) This Ordinance is enacted Wlder the authority of Anicle VIII. section It Florida Constitution, and sections 125.01 and 125.66. Florida Statutes. The Board of County Commissioners (the "Board") of Monroe County, Florida, has all powers of local self-government to perfonn cOWlty 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. The Board is the governing body of the unit. (B) Section 125.01 (l)(q). Florida Statutes, provides specific legislative authorization for counties to establish a municipal service taxing unit for any pan 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 administrationt planning and development of wastewater and reclaimed water projects within the municipal service taxing unit as generally described in Section 3 of this Ordinance. This Ordinance shill I be liberally consttued to effect the purposes hereof. (D) The Board is authorized to enter into interlocal agreements with the FKAA to carry out the District. SECTION 3. CREATION OF MUNICIPAL SERVICE TAXING UNIT. (A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, theTe is hereby created a municipal service taXing unit for that portion of the unincorporaled areas of the County. Such municipal service taxing unit shall be known as the Conch Key Municipal Service Taxing Unit. (B) The boundaries of Conch Key Municipal Service Taxing Unit are more particularly 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 Interlocal Agreement to assist the Authority in funding the administratio~ planning and development of wastewater and reclaimed water projects within and benefiting the Conch Key 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 12S.Ol(l)(q) and (r), Florida Statutes, to levy and collect additional ad valorem taxes at a millage rate not to exceed 0.70 mil upon real and personal property within the Conch Key Municipal Service Taxing Unit commencing with COWlt}' fiscal year 2003-2004. (B) The collection of ad valorem taxes as authorized herein shall cease after four (4) consecutive fiscal years and the Conch Key MWlicipal Service Taxing Unit shall terminate at the end of County fiscal year 2007 -2008. SECTION S. USE OF REVENUE; IMPLEMENTATION. (A) Revenues derived from ad valorem taxes levied within the Conch Key Municipal Service Taxing Unit pursuant 10 Section 4 shall be used solely to pay for and provide funding for administration, planning and development costs associated with and incurred in advancing of wastewater and reclaimed water projects within and benefiting the Conch Key Municipal Service Taxing Unit. (B) The Board shall adopt a budget for the Conch Key Municipal Service Taxing Unit for the fiscal year beginning October 1, 2003, and each year thereafter, lit 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 ftmding of municipal services contracted to be provided by the Authority under the 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. SECI'ION 7. CONFLICT WITH OTHER ORDINANCES All ordinances or parts of ordinances I 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 renumber~d to conform to the unifonn nwnbering system of the code. SECTION 9. EFFECTIVE DATE. (A) This Ordinance shall be filed with the Department of State prior to January 1,2003. (B) After enactment by the Board, this Ordinance shall then take effect upon the filing 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 day of . 2002. Commissioner McCoy Commissioner Nelson Commissioner Neugent Commissioner Rice Conunissioner Spehar (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson EXHIBIT A CONCH KEY MUNICIPAL SERVICE TAXING UNIT AREA The area generally bounded on the west by Tom's Harbor Cut. on the east by the Long Key Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean (between Mile; 62 and 63), Monroe County, Florida. i / [} ..ji \\ ~ \\ t,\ \, \, '. I, \ \ \. \ \ \ \ I \ I \ \_---~O'=~ ~ ~ (--- -~ \, \' Ji \. ... Q) ~ o o CO en (ij :::s g ~ o .5 '5 u T"" ..... o 'L: ..... en Ci X CO .- >- ~ .s::. o c: o U ATTACHMENT (4) ORDINANCE CREATING BAYPQrNT MUNICIPAL SERVICE TAXING UNIT S 1 /0 1 3~\:id 9tSC~6~S0c'al 3~1330 ^~~\:i ^~NnOJ 30~NOWWO~~ ~1 '80 ~0-~1-^ON SI /11 3~'<td ORDINANCE NO._ AN ORDINANCE OF MONROE COUNTY, FLORID~ CREATING THE BIG COPPIT KEY MUNICIPAL SERVICE TAXING UNIT LOCATED WInDN TIlE 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 WITIDN THE BOUNDARIES OF SUCH UNIT NOT TO EXCEED 0.70 MIL; AUTHORIZING THE USE OF THE T AX REVENUE FOR ENUMERATED PURPOSES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: SECTION I. TITLE. This ordinance may be cited as the Big Coppitt Key Municipal Service Taxing Unit. SECTION 2. AUTHORITY AND PURPOSE. (A) This Ordinance is enacted under the authority of Article VIII, section 1, Florida Constitution, and sections 125.01 and 125.66, Florida Statutes. The Board of County Commissioners (the "Board") of Monroe County, Florida, has all powers oflocal 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. The Board is the governing body of the unit. (8) Section 125.01(1)(q). Florida Statutes, provides specific legislative authorization for cownies 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 development of wastewater and reclaimed water projects within the municipal service 91SC~6~S0c'al 3Jl330 ^ll'<t ^lNnOJ 30~NOW'WO~3 10LI ~0-CI-^ON taxing unit as generally described in Section 3 of this Ordinance. This Ordinance shall be liberally construed to effect the purposes hereof. (D) The Board is authorized to enter into interlocal agreements with the FKAA to carry out the District. 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 servicc taxing unit for that portion of the unincorporated areas of the County. Such municipal service taxing unit shall be known as the Big Coppin Key Municipal Service Taxing Unit. (B) The boundaries of Big Coppin Key Municipal Service Taxing Unit are more particularly described in Exhibit A hereto and same are incorporated by reference. (C) From time to time the Board may by rcsolution take any action not inconsistent with this Ordinance or the lntcrlocal Agreement to assist the Authority in funding the administration. planning and development of wastewater and reclaimed water projects within and benefiting the Big Coppitt Key Municipal Service Taxing Unit. SECTION 4. AUfHORIZA TION 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 excecd 0.70 mil upon real and personal property within the Big Coppit Key Municipal Service Taxing Unit commencing with County fiscal year 2003-2004. (8) The collection of ad valorem taxes as authorized herein shall cease after four (4) consecutive fiscal years and the Big Coppin 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 Big Coppitt Key Municipal Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and provide funding for administration, planning and development costs associated with and incurred in advancing of wastewater and reclaimed water projects within and benefiting the Big Coppitt Key Municipal Service Taxing Unit. (B) The Board shall adopt a budget for the Big Coppitt Key Municipal Service Taxing Unit for the fiscal year beginning October 1,2003, and each year thereafler. 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 S Y /?',! ::!~\1'd 9ISC~5~S0C 01 3~IJJO ~II~ ^INnO~ 30~NOWWO~3 ~0 LI ~0-CI-^ON c: T /!'" ,. ":Y~'\'f" conjunction with the funding of municipal services contracted to be provided by the Authority under the Intcrlocal Asreement. SECfION 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 WITH OTHER ORDINANCES All ordinances or parts of ordinances I 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 Wliform numbering system of the code. SECTION 9. EFFECfIVE DATE. (A) This Ordinance shall be filed with the Department of State prior to January 1. 2003. (B) After enactment by the Board, this Ordinance shaH then take effect upon the filing 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 day of , 2002. Commissioner McCoy Commissioner Nelson Commissioner Neugent Commissioner Rice Commissioner Spehar (SEAL) Attest: D~\lNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By By Deputy Clerk Malor/Chairperson A. AJ-p aVED AS TO FORM LEGA.l SUFFIClENcr 9ISS787s~~nl 3~r3~n'IIw AINno~ 30~NnWWO~3 70'LI 70-rl-AON EXHIBIT A BA Y POINT MUNICIPAL SERVICE TAXING UNIT AREA c:: , /c::: ?~""".-f ~ISE~~~S~Enl 3~I3~O ^~~~ ^INnO~ 30~NOWWO~~ ~I '80 ~0-~I-^ON // ",/ ( \ '---- I ~ / , / ~ ~ 1 ''\ ~ ~ o o to (/) a; ::l 0" Q) or; o .E z ~~ :=4 ...... I ....J /~\ ", // ,/// 'v~~7l ( \. \ ,-) (0J '~ /, , J tNJ-2~ ~~ ~\ ~) -......,~ .. ~ \ --------.-' \ \ ,/'0 - o 'i:: - .~ o x co ~ - .~ o a.. ~ CO OJ (-". A IT ACHMENT (5) ORDINANCE CREATING HIG cOPPin KEY MUNICIPAL SERVICE TAXING UNIT ORDINANCE NO._ AN ORDINANCE OF MONROE COUNTY, FLORIDA., CREATING THE BIG COPPIT KEY MUNICIPAL SERVICE TAXING UNIT LOCATED WITHIN THE UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA, TO PROVIDE W ASTEW ATER AND RECLAIMED WATER SERVICES AND FACILITIES; DEFINING THE BOUNDARIES OF THE UNIT; AUTHORIZING THE BOARD TO ANNUALLY LEVY AD VALOREM TAXES WITroN THE BOUNDARIES OF SUCH UNIT NOT TO EXCEED 0.70 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 I. TITLE. This ordinance may be cited as the Big Coppitt Key Municipal Service Taxing Unit. SECTION 2. AUTHORITY AND PURPOSE. (A) This Ordinance is enacted Wlder the authority of Article VIII. section 1. Florida Constitution. and sections 125.01 and 125.66. Florida Statutes. The Board of COWlty Commissioners (the "Board") of Monroe COWlty, Florida, has all powers of local self-government to perform COWlty 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. The Board is the governing body of the unit. (B) Section 125.01(1){q). Florida Statutes. provides specific legislative authorilJltion for counties to establish a mwlicipal 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 mWlicipal service taxing unit to fWld the provision of municipal services associated with the administration, planning and 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) The Board is authorized to enter into interlocal agreements ~ith the FK.AA to carry out the District. 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 unincorporated areas of the County. Such municipal service taxing unit shall be known as the Big Coppin Key Municipal Service Taxing Unit. (B) The boundaries of Big Coppin Key Municipal Service Taxing Unit are more particularly 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 Interlocal Agreement to assist the Authority in funding the administration, planning and development of wastewater and reclaimed water projects within and benefiting the Big Coppin Key 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 125.0l(1)(q) and (r), Florida Statutes, to levy and collect additional ad valorem tax~ at a millage rate not to exceed 0.70 mil upon real and personal property within the Big Coppit Key Municipal Service Taxing Unit commencing with County fiscal year 2003-2004. (B) The collection of ad valorem taxes as authorized herein shall cease after four (4) consecutive fiscal years and the Big Coppin Municipal Service Taxing Unit shall tenninate at the end of Count)' fiscal year 2007 -2008. SECTION 5. USE OF REVENUE; IMPLEMENTATION. (A) Revenues derived from ad valorem taxes levied within the Big Coppitt Key MWlicipaJ Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and provide funding for administration. planning and development costs associated with and incurred in advancing of wastewater and reclaimed water projects within and benefiting the Big Coppin Key Municipal Service Taxing Unit. (B) The Board shall adopt a budget for the Big Coppin Key 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 the 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 WITH OTHER ORDINANCES All ordinances or parts of ordinances I con11ict 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 COWlty of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renwnbered to confonn to the unifonn nwnbering system of the code. SECTION 9. EFFECTIVE DATE. (A) This Ordinance shalt be filed with the Department of State prior to January I, 2003. (B) After enactment by the Board, this Ordinance shall then take effect upon the tiling 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 day of -.J 2002. Commissioner McCoy Cormnissioner Nelson Commissioner Neugent Commissioner Rice Commissioner Spehar (SEAL) Attest: DANNY LKOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By . Deputy Clerk By Malcor/Chairperson A. IV,. OVEO AS TO FORM L~GA.L SUFF/CIENC\' EXHIBIT A BIG COPPITT KEY MUNICIPAL SERVICE TAXING UNIT AREA c ? ~o ':1 0,,, I ~ c 0 (""'1) I ' , ()t // : ./ .:~/':") \ r ~, \ '~l { '-----"' .... o .~ .... UJ .- o >< cu ..... .... ~ 0. 0. o () C) .- m ." CJ a >0- Q) ~ ~ '- n:s .r:. en '~-_. o i~_~,! en ~ 'E It) C'! o en <U ::J Z ~ ~ :::4 0- Q) "fi .5 ~. '" ..... -- r- II I ATTACHMENT (6) ORDINANCE CREATING MARATHON MUNICIPAL SERVICE TAXING UNIT Ordinance Creating Marathon MSTU MONROE COUNTY, FLORIDA ORDINANCE NO. AN ORDINANCE OF MONROE COUNTY, FLORIDA, CREA TING THE MARATHON MUNICIPAL SERVICE TAXING UNIT LOCATED WITHIN MONROE COUNTY, AND THE INCORPORATED AREA OF THE CITY OF MARA THON, FLORIDA, TO PROVIDE WASTEWATER AND RECLAIMED WATER SERVICES AND FACILITIES; DEFINING THE BOUNDARIES OF THE UNIT; AUTHORIZING THE BOARD TO ANNUALL Y LEVY AD VALOREM TAXES WITHIN THE BOUNDARIES OF SUCH UNIT NOT TO EXCEED 0.77 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 Marathon Municipal Service Taxing Unit. SECTION 2. AUTHORITY AND PURPOSE. (A) This Ordinance is enacted under the authority of Article VIII, section 1, Florida Constitution, and sections 125.01 and 125.66, Florida Statutes. The Board of County Commissioners (the "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 development of wastewater and reclaimed water projects within the municipal service Ordinance Creating Marathon MSTU 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 entered into to fulfill the obligation of the Board under an Interlocal Agreement by and between the Board and the Florida Keys Aqueduct Authority (the "Authority") 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 "Interlocal Agreement"). SECTION 3. CREA TION OF MUNICIPAL SERVICE TAXING UNIT. (A) Pursuant to the provisions of section 125.01(l)(q), Florida Statutes, there is hereby created a municipal service taxing unit for that portion of the County within the incorporated area of the City of Marathon. Such municipal service taxi ng unit shall be known as the Marathon Municipal Service Taxing Unit. (B) The boundaries of the Marathon Municipal Service Taxing Unit 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 Interlocal Agreement to assist the Authority in funding the administration, planning and development of wastewater and reclaimed water projects within and benefiting the Marathon 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(l)(q) and (r), Florida Statutes, to levy and collect additional ad valorem taxes at a millage rate not to exceed 0.77 mil upon real and personal property within the Marathon Municipal Service Taxing Unit commencing with County fiscal year 2003-2004. The foregoing millage limitation shall not be increased without the City Council of the City of Marathon first adopting an ordinance consenting thereto. (B) The collection of ad valorem taxes as authorized herein shall cease after four (4) consecutive fiscal years and the Marathon 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 Marathon Municipal Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and provide funding for administration, planning and development costs associated with and incurred in advancing of wastewater and reclaimed water projects within and benefiting the Marathon Municipal Service Taxing Unit. 2 Ordinance Creating Marathon MSTU (B) The Board shall adopt a budget for the Marathon Mwlicipal 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 the 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. EFFECTIVE DATE. (A) The effectiveness of this Ordinance shall be subject to the City Council of the City of Marathon adopting an ordinance consenting to the inclusion of the incorporated areas of the City of Marathon within the boundaries of the Marathon Municipal Service Taxing Unit. (B) 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.] 3 Ordinance Creating Marathon MSTU PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on this _ day of December 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tempore Dixie Spehar Commissioner George Nugent Commissioner Umberto "Bert" Jimenez Commissioner Murray Nelson BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) By: Mayor/Chairperson Danny Kolhage, Clerk By: Deputy Clerk 4 EXHIBIT A MARATHON MUNICIPAL SERVICE TAXING UNIT AREA All of the incorporated municipal limits of the City of Marathon, Florida. Extending from the east end of the 7-Mile Bridge through Grassy Key and generally bounded on the west by Knight Key Channel, on the east by Tom's Harbor Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean (approximate Mile Marker 47 to Mile Marker 60). o Z ~ilI .:::::4 ~ 'E >. ~ ~ CO > ..- U) ro ::J c:T Q) .c () .E ..- '0 .;:: +oJ en b x (tJ .... c: o .s:::. +oJ ~ (tJ ~ ATTACHMENT (7) CITY OF MARATHON CONSENT ORDINANCE (only affects Marathon Municipal Service Taxing Unit) CITY OF MARATHON, FLORIDA ORDINANCE NO. AN ORDINANCE OF THE CITY OF MARATHON, FLORIDA, CONSENTING TO THE INCLUSION OF THE INCORPORATED AREA OF THE CITY OF MARATHON IN THE MARATHON MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR TERMINATION OF CONSENT; LIMITING THE MAXIMUM MILLAGE TO BE LEVIED BY THE MARATHON MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA: SECTION 1. FINDINGS. It is hereby ascertained, determined, and declared that: (A) The Board of County Commissioners of Monroe County, Florida, has established by Ordinance the Marathon Municipal Service Taxing Unit for the purpose of providing limited funding source for the reimbursement and provision of municipal services relating to the administration, planning and development of wastewater and reclaimed water projects by the Florida Keys Aqueduct Authority within the Marathon Municipal Service Taxing Unit. (B) In order to fund and provide such services, the effectiveness of the County Ordinance establishirg the Marathon Municipal Service Taxing Unit is expressly subject to consent thereto by an ordinance adopted by the governing body of the City of Marathon. (C) The City of Marathon hereby determines that the inclusion of all of the incorporated area of the City of Marathon within the boundaries of the Marathon Municipal Service Taxing Unit is a means to ensure that funds derived from such a County levy are in fact used to benefit the area from which they were collected. SECTION 2. CONSENT. The City Council for the City of Marathon hereby consents to the inclusion of all of the incorporated area of the City of Marathon within the Marathon Municipal Service Taxing Unit established pursuant to Monroe County Ordinance No. . Such consent shall become effective immediately upon adoption of this Ordinance. Provided, however, such consent shall be subject to the termination provisions in Section 3 hereof. SECTION 3. LIMITATION OF THE LEVY OF AD VALOREM TAXES; TERMINATION OF CONSENT. (A) It is acknowledged that Monroe County Ordinance No. has limited the levy of additional ad valorem taxes to a millage rate not to exceed 0.77 mil on real and personal property within the Marathon Municipal Service Taxing Unit. (B) The consent herein provided shall be subject to (1) the Monroe County Board of Commissioners not authorizing a millage rate exceeding a 0.77 mil millage cap for the Marathon Municipal Service Taxing Unit and (2) the Monroe County Board of Commissioners not authorizing he collection of ad valorem taxes as authorized in Ordinance No. _ after the end of County Fiscal Year 2007 - 2008. (C) In the event the millage rate imposed by the City ever reaches 9.23 mils, the City Commission shall be entitled to terminate any consent provided herein by the adoption of a subsequent ordinance withdrawing such consent prior to May 31 for any ensuing fiscal year. SECTION 4. SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. SECTION 5. EFFECTIVE DATE. effective immediately upon second reading. This Ordinance shall be The foregoing Ordinance as offered by Councilmember , who moved for its adoption. This motion was seconded by , and upon being put to a vote, the vote was as Councilmember follows: Mayor John Bartun Vice Mayor Randy Mearns Councilman Frank Greenman Councilman John Repetto Councilman Pete Worthington PASSED on first reading this day of November 2002. The foregoing Ordinance as offered by Councilmember , who moved for its adoption. This motion was seconded by , and upon being put to a vote, the vote was as Councilmember follows: Mayor John Bartus Vice Mayor Randy Mearns Councilman Frank Greenman Councilman John Repetto Councilman Pete Worthington PASSED AND ADOPTED on second and final reading this _ day of December 2002. ATTEST: JOHN BARTUS, MAYOR CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY