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Item T05 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 Big Coppitt 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 125.01(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 Big Coppitt. 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 of 2003. In order for the MSTU to be effective for the coming tax bill (fall 2003), the MSTU ordinances must be passed before January I, 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 STAFF RECOMMENDATIONS; Approval TOTAL COST: None BUDGETED: Yes No COST TO COUNTY: None County Atty -X- Year tbd. REVENUE PRODUCING: Yes ~ No APPROVED BY: NA . DIVISION DIRECTOR APPROVAL: Growth Management DOCUMENTATION: Included -X- To Follow DISPOSITION: AGENDA ITEM NO.: 7:? BC021270 11/25/023:02 PM County of Monroe Growth Manuement Division 2798 Overseas Highway Suite 410 Marathon, Rorida 33050 Voice: (305) 289 2500 FAX: (305) 2892536 Board of Count\' Comnussloners Mayor Charles "Sonn~'" McCoy. DtSt. 3 Mayor Pro Tern Dixie M. Spehar. DtSt. 1 Comm. Murray Nelson. D1stnct 5 Comm. George Neugent. District 2 Comm. David Rice. Distnct 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 (Msru) 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 MSru, 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 MSru 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 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. 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 Aquedlct 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 autbJrization 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 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. (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 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 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 Coooitt 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 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 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 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. RECOMMENDA TIONS (1) 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 Attachments 1 and 3 through 7 Left out by intent Document 1 11/25/023:09 PM ATTACHMENT (2) PROPOSED FOUR YEAR BUDGET(S) ---..---- - -- marathon $ 1.017.311.719 114'110 $ 1,017.311.719 88% 7,605 74'110 Illg CllIlPitI 1~.899.67. 12'110 1~.899.674 12'110 2,215 21'110 bay IIOIIlt 41,433.529 3'110 0'110 .31 4'110 conc:h key 10.975.338 1'110 0% 80 1% 1,214,620,260 100'll0 1,162211.393 100'110 10.331 100'110 ..... - ..... 8Iloc8DIe __ 2lIU 2004 2005 20llI 2007 IIllIII ba.. coata --- I 4Il,2OO 5 492.000 $ 517.000 $ 543.000 5 570.000 52.122.000 --,---- t05,IOG 108.000 111.000 114.000 117 .000 450.000 -- ZO,IOG 21,000 22.000 23.000 24.000 90.000 1Og8I---- 7ll,IIOO 72.000 74.000 76,000 78.000 300,000 ae. pr'DfKI......-ao.. t2l,1OG 129.000 132.000 135,000 138,000 534,000 merethonlblg coppltt eng/legel 205.000 210.000 215.000 220,000 226.000 871,000 I 1M.200 $ 1,032.000 $ 1.071.000 $ 1.111.000 $ 1.153.000 54,367,000 ~ 2004 2005 2OD6 2007 IIItaI baM co_ --- 5 413,000 5 434,000 5 457.000 5 479.000 5 1.783.000 -_.--"""- 91,000 94,000 96.000 98.000 379,000 -- 17.000 18,000 19.000 20.000 74,000 -oaa end aIher~___ 60.000 62,000 64,000 66,000 252.000 oew ~ 8dn'_~&.... 109,000 111.000 114.000 116,000 450.000 additional engineering end Ieve' 185.000 189.000 194.000 199,000 767.000 $ 875.000 $ 908.000 $ 944.000 $ 978.000 $ 3.705.000 bIG co-Itl 2004 200s 2006 2007 '*i ba.. co... --- $ 59,000 $ 62.000 $ 65.000 $ 68,000 5 254,000 ,.. alr\lClUf8. M81"1C1f'1CiJ 8nd IIUdrt 13,000 13.000 14.000 14.000 54.000 -- 3,000 3.000 3.000 3.000 12,000 tegal eno__ ~ IIeMCM 9,000 9.000 9,000 9.000 36,000 __AClI......_. 15,000 16.000 16,000 17,000 64,000 addltional engineering end legal 25.000 26.000 26,000 27.000 104,000 $ 124.000 $ 129.000 $ 133.000 $ 138.000 $ 524.000 _ DOin! 2004 200S 2006 2007 IIllIII be.. coate --- $ 15.000 $ 16,000 $ 16,000 $ 17.000 $ 64.000 --.---- 3.000 3,000 3.000 4,000 13.000 -- 1.000 1,000 1,000 1,000 4,000 ----- 2.000 2,000 2,000 2,000 8,000 --""'......-. ..000 4.000 4,000 4,000 16,000 addltionalengi_ring end lege' - - $ 25.000 $ 26.000 $ 26.000 $ 28.000 $ 105.000 conch kev 2004 2005 2006 2007 total ba.. coa.. --- 5 5,000 5 5.000 5 5.000 5 6,000 5 21,000 --.---- 1,000 1.000 1.000 1,000 4,000 -- - - - - ----- 1.000 1.000 1.000 1.000 ..000 oe.r prQfIlCI ,tdm.........., 1.000 1.000 1.000 1.000 ..000 additional engineering end legal - - . $ 8.000 $ 8.000 $ 8.000 $ 9.000 $ 33.000 ORDINANCE NO._ AN ORDINANCE OF MONROE COUNTY. FLORID~ CREATING THE BIG COPPIT KEY MUNICIPAL SERVICE TAXING UNIT LOCATED WITHIN THE UNINCORPORATED AREA OF MONROE COUNTY. FLORIDA, TO PROVIDE WASTEWATER AND RECLAIMED WATER SERVICES AND F' ACILITIES; DEFINING THE BOUNDARIES OF THE UNIT; AUTHORIZING THE BOARD TO ANNUALLY LEVY AD VALOREM TAXES WITmN 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 1. 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 l. Florida Constitution, and sections 125.01 and 125.66, Florida Statutes. The Board of County Commissioners (the .'Board") of MOlU'Oe County. Florida, has all powers oflocal self-government to perform county and municipal functions and to render services in a mBJUler not inconsistent with general law and such power may be exercised by the enactment of county ordinances and resolutions. The Board is thc governing body of the unit. (B) Section 125.01(1)(q), Florida Statutes, provides specific legislative authorization for counties to establish a municipal servic~ 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 administration. planning and development of wastewater and reclaimed water projects within the municipal service ~.~(""'~c.,.e:r-.....,...... ""~'J_!""" J'TT'o--<I 'I_TNnn~ ~n).l"'''''t.! t.!",).J..J '("I l! 7'('l-rf-l\nN 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 12S.01(1)(q). Florida Statutes., there is hereby created a municipal servicc taxing unit for that ponion of the unincorporated areas of the County. Such municipal service taxing unit shall be known as the Big Coppitt Key Municipal Service Taxing Unit. (B) The boundaries of Big Coppin Key Municipal Service Taxing Unit are more particularly desaibed 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 lntcrlocal 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 mnnner and under the authority provided by section 125.0l(1)(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 Big Coppit Key Municipal Service Taxing Unit commencing with County fiscal year 2003-2004. (B) The collection of ad valorem taxes as authorized herein shaH cease after four (4) consecutive fiscal years and the Big Coppin Municipal Service Taxing. Unit shall terminate at the end OfCOWlty fiscal year 2007 -2008. SECTION 5. USE OF REVENUE; IMPLEMENT A TION. (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 ,-....------......... -. -......,. 'r'-' y....\,.-J T...,.......r-o........ -rf""l':'J"''''''T.' f,'''''''~-f?r- 'f ?,'C"-rT-I'f'lN conjunction with the funding of municipal services contracted to be provided by the Authority under the Intc:rloca1 Agreement. SECI10N 6. SEVERABILITY. Should any provision of this Ordinance be declared by a coun 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 pan 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 extcnt 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 wtifonn nwnbering system of the code. SECTION 9. EFFECfIVE DATE. (A) This Ordinance shall be filed with the Depamnent 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, Monroe Coun!)', 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 IAN~.~<: .".)<. CUFFjC1ENC't/ 1 :/ I /) L. Attorney's Office By: Deputy Clerk EXHIBIT A BIG COPPITT KEY MUNICIPAL SERVICE TAXING UNIT AREA The area on the south (ocean) side ofD.S. Highway One, generally bounded on the west by Saddlebunch No.3 Channel and on the east by Lower Sugarloaf Channel (approximately Mile Marker 14.5 to Mile Marker 15), Monroe County, Florida. ~\ I7L~ \ ~/ -\.~ < D \0 ,1,~ \\ G '-' \\ ..J \....),-.; -- / / C' '='-~"-~:'ll l. ) ) f/) Q) "E It) C'! o f/) ~ Z..!!!!!!~:::4 CT Q) "5 .5 ~ / \", . \..~. :..~ i, N I i ~ ...... ~, ,-. rr) .~~ - ,) / \ --- -":::'. '\ r l . '\ ._" ._,.F \ ~.,. ~'- / ~/ '\ - L~~ " ! / , ---. .., iJ Q .' >. i ! I '\ ................' ~ - '-:--:-:-'--~,'. ~ ''-''\. 11 ,I \~ 'h~' -.-.' ~'--'" .'.:::.::>-<-~t-~ .. / ( '---..---........ '..1 , 'J '. r, .;--- - o .C ..... U) b x ns .... ..... ..... .0. 0. o () C) i:D < , Ordinance Creating Big Coppitt MSTU MONROE COUNTY, FLORIDA ORDINANCE NO. AN ORDINANCE OF MONROE COUNTY, FLORIDA, CREATING THE BIG COPPITT MUNICIPAL SERVICE TAXING UNIT LOCATED WITIDN THE 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 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 1. TITLE. This ordinance may be cited as the Big Coppitt 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(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 Ts- Ordinance Creating Big Coppitt 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 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(l)(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 Coppitt Municipal Service Taxing Unit. All matters concerning such municipal service taxing unity shall be governed by the Board. (B) The boundaries of Big Coppitt 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 any interlocal agreement to assist the Authority in funding the administration, planning and development of wastewater and reclaimed water projects within and benefiting the Big Coppitt 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 125.0I(l)(q) and (r), Florida Statutes, to levy and collect additional ad valorem taxes at a millage rate not to exceed 0.78 mil upon real and personal property within the Big Coppitt 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 Coppitt 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 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 2 Ordinance Creating Big Coppitt MSTU incurred in advancing of wastewater and reclaimed water projects within and benefiting the Big Coppitt Municipal Service Taxing Unit. (B) The Board shall adopt a budget for the Big Coppitt 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 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) 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 page intentionally left blank.] 3 Ordinance Creating Big Coppitt 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 Ordinance Creating Big Coppitt MSTU EXHIBIT A BIG COPPIT MUNICIPAL SERVICE TAXING UNIT AREA The area generally bounded on the west by Boca Chica Channel, on the east by Shark Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean (between Mile Markers 7 and 11), Monroe County, Florida. A-I