Item T03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 18 December 2002
Division:
Growth Management
Bulk Item: Yes
No X
Department"
Marine Resources
AGENDA ITEM WORDING:
Public hearing to adopt a Municipal Service Taxing Unit (MSTU) for Marathon for the purposes of providing municipal wastewater
services.
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 interlocal 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 125.0I(lXq), 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. 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 a copy of
the MSTU ordinance for Marathon. Prior to the Commission meeting, the City of Marathon will pass a Resolution requesting the
MSTU for their area. This Resolution will be provided to the Board on the meeting day. If the Board approves the MSTU in
December, they will also be requested to approve an Interlocal Agreement between the County and FKAA for use of the funds in
January or February of2003. 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:
21 November 2002 - approval to advertise adoption of MSTU
CONTRACT/AGREEMENT CHANGES:
NA
ST AFF RECOMMENDATIONS;
Approval
TOTAL COST:
None
BUDGETED: Yes
No
COST TO COUNTY: None
REVENUE PRODUCING: Yes ---1L No
APPROVED BY:
County Atty --X-
Year tbd.
NA .
DIVISION DIRECTOR APPROVAL:
f Growth Management
DOCUMENTATION: Included --X- To Follow
DISPOSITION:
AGENDA ITEM NO.:
/(?
BC021250
11/251023:01 PM
County of Monroe
Growth Mannernent Division
2798 Overseas HJghway
Suite ,no
~ailion.norida 33050
VOIce: (305) 289 2500
FAX: (305) 289 2536
Board of Count'.' Comnussloners
Mayor Charles "Sonny" McCoy. D1St. ~
Mayor Pro Tern DixIe M. Spehar. DlSt. 1
Comm. Murray Nelson. Dutnct 5
Comm. George Neugent, DlStl'lct Z
Camm. David Rice. Dutnct
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 of the project.
Page 1 of2
o Each property within a MSru will be assessed an ad valorem tax that will undeT\\nte
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 MSru 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.
Page 2 of2
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(l)(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
ad-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 panicipate 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 fJJ 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 fmancing. 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.
(1) Conch Key Municioal 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 Municioal Service TaxinlZ 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 be
adopted prior to the end of 2002 in order to generate revenue beginning in November
2003.
Executive Summary
November 4, 2002
Page 6
(3) Big CODDitt MuniciDal Service Taxim! 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 FK.AA from Monroe County under the interlocal
agreement that are derived from the Big Coppin Municipal Service Taxing Unit
area are required to be expended by FK.AA in providing municipal services (in the
form of administration, planning and project development) for the Big Coppin
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 Coppin
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 Coppin 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 FK.AA 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.
RECOMMENDA TIONS
(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 lnterlocal 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:
( I) proposed lnterlocal 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
Attachments 1 and 3 through 7
Left out by intent
Document I
111251023:09 PM
ATTACHMENT (2)
PROPOSED FOUR YEAR BUDGET(S)
---..---- - --
merMhOn S 1.017.311.719 84'110 S ',017.311.719 88'110 7.605 7.'110
Illg CllIlPitI 1~,899.67. 12'llo 1~.899.67. 12'110 2.215 21'110
bay poIIl\ 41.433.529 3'110 0'110 .31 4'110
CDnc:h key 10.975,338 1'110 0% 80 1'110
1.214.620.260 100'll0 1.162211.393 1 00'll0 10.331 100'110
..... - .... .........-
2lIU 2004 2005 20llI 2007 IIllIII
ba.. _
--- I 4Il,2OO $ 492.000 $ 517.000 S 543,000 $ 510,000 $ 2,122.000
--.---- t...... 108.000 111,000 114.000 117.000 450,000
-- 21,IlOO 21.000 22.000 23.000 2..000 90,000
----- 7ll,IIOO 72.000 74.000 76.000 78,000 300,000
...PR\IIIM'OI..._.4IIa...... t2l,1OG 129.000 132,000 135,000 138.000 534.000
marethonlbig coppltt eng/legel 205.000 210.000 215.000 220,000 226.000 871.000
I 1M.200 $ 1.032,000 S 1.071.000 $ 1.111.000 S 1.153.000 H.367.000
-'hon
2004 2005 2OD6 2007 IIIlaI
baM cos..
--- S 413,000 $ 434.000 $ 457,000 $ 479,000 $ 1.783.000
--.",--- 91.000 94,000 96,000 98,000 379.000
-- 17.000 18.000 19,000 20.000 74,000
tegeI""'" ~..... 60.000 62.000 64.000 66.000 252.000
CIIIhet prqec:l................. 109.000 111,000 114,000 116,000 450.000
additional engineering end Iegel 185.000 189.000 194.000 199,000 767.000
S 875.000 S 908.000 S 944.000 S 978.000 S 3.705.000
..... conDItt
2004 200S 2006 2007 ...
ba.. co...
--- S 59,000 S 62.000 S 65.000 S 68.000 $ 254,000
- -. fineIDlQ-- 13.000 13.000 14.000 14.000 54.000
- 3.000 3.000 3.000 3,000 12.000
----- 9.000 9,000 9,000 9.000 36.000
__ cwa,aa .'_~"" 15,000 16,000 16.000 17 ,000 64.000
additional engineertng end level 25.000 26.000 26.000 27.000 104.000
S 124.000 S 129.000 S 133.000 S 138.000 S 524.000
__In!
~ 2005 2006 2007 IIllIII
ba.. coate
--- S 15.000 S 16.000 S 16,000 S 17.000 S 64,000
--.---- 3,000 3,000 3,000 4.000 13.000
-- 1.000 1,000 1.000 1,000 .,000
----- 2.000 2,000 2,000 2,000 8.000
....1nfKI >>._.....A...... 4,000 4,000 4,000 4,000 16.000
additional engineering end Iage'
S 25.000 S 26.000 S 26.000 S 28.000 S 105.000
conch 11ft
2004 2005 2006 2007 IIIlaI
baM_
--- $ 5,000 S 5.000 S 5,000 $ 6,000 $ 21,000
--.",--- 1.000 1.000 1.000 1,000 4.000
--
~ end ............ ....-cae 1.000 1.000 1.000 1.000 4.000
.... ~ eam-",~, 1,000 1,000 1.000 1.000 4.000
addltionel engineering end lagel -
S 8.000 S 8.000 S 8.000 S 9.000 S 33.000
ORDINANCE NO.
AN ORDINANCE OF MONROE COUNTY,
FLORIDA, CREATING THE MARATHON
MUNICIPAL SERVICE TAXING UNIT LOCATED
WITIDN THE UNINCORPORATED AREA OF THE
CITY OF MARATHON, FLORIDA, TO PROVIDE
W ASTEW A TER 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 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 I. 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. 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 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
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 service taxing unit for that portion of the
unincorporated areas of the County. Such municipal service taxing unit shall be
known as the Marathon Municipal Service Taxing Unit.
(B) The boundaries of Marathon 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 lnterlocal 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 125.0l(I)(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 Marathon 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 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.
(B) The Board shall adopt a budget for the Marathon 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 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 uniform numbering 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.
[Remainder of this page intentionally left blank. ]
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe Coun!:y, Florida at a regular meeting of said Board held on this -
day of Decemoer 2002.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner "Sonny" McCoy
Commissioner George Nugent
Commissioner David P. Rice
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
(SEAL)
By:
Mayor/Chairperson
Danny Kolhage, Clerk
APPROVED AS TO FORM
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By:
Deputy Clerk
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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).
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Ordinance Creating Marathon MSTU
MONROE COUNTY, FLORIDA
ORDINANCE NO.
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
CREATING THE MARATHON MUNICIPAL SERVICE
TAXING UNIT LOCATED WITIDN MONROE
COUNTY, AND THE INCORPORATED AREA OF THE
CITY OF MARATHON, 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 0.77 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 I,
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
Ordinance Creating Marathon MSTU
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) This Ordinance is adopted 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(1)(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 taxing unit shall be
known as the Marathon Municipal Service Taxing Unit. All matters concerning such
municipal service taxing unit shall be governed by the Board.
(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(1)(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
2
Ordinance Creating Marathon MSTU
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.
(B) The Board shall adopt a budget for the Marathon Municipal Service Taxing
Unit for the fiscal year beginning October I, 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 any 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 in 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 uniform numbering system of the
code.
SECTION 9. 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) This Ordinance shall be filed with the Department of State prior to January
1,2003.
(C) 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