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Ordinance 018-2003 Ordinance Creating Key Largo Wastewater Treatment District MSTU MONROE COUNTY, FLORIDA ORDINANCE NO. 018 - 2003 AN ORDINANCE OF MONROE COUNTY, FLORIDA, CREATING THE KEY LARGO WASTEWATER TREATMENT DISTRICT MUNICIPAL SERVICE TAXING UNIT LOCATED WITHIN 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 0.35 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 Key Largo Wastewater Treatment District (KL WTD) Municipal Service Taxing Unit (MSTU). 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. (B) Section 125.0 1 (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 Ordinance Creating Key Largo Wastewater Treatment District 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 request of the Key Largo Wastewater Treatment District and in consideration of the Board's obligations under a Transition Agreement by and between the Key Largo Wastewater Treatment District, the Florida Keys Aqueduct Authority (the "Authority"), and the Board 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 "Transition 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 unincorporated of Key Largo under the jurisdiction of the KL WID. Such municipal service taxing unit shall be known as the Key Largo Wastewater Treatment District Municipal Service Taxing Unit. All matters concerning such municipal service taxing unit shall be governed by the Board. (B) The boundaries of the Key Largo Wastewater Treatment District Municipal Service Taxing Unit (MSTU) shall embrace and include territory consisting of Key Largo including all lands east of Tavernier Creek, including Tavernier, Key Largo and Cross Key, with the exception of Ocean Reef. (C) From time to time the Board may by resolution take any action not inconsistent with this Ordinance or the Transition Agreement to assist the KL WTD in funding the administration, planning and development of wastewater and reclaimed water projects within and benefiting the Key Largo Wastewater Treatment District 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 0.35 mil upon real and personal property within the Key Largo Wastewater Treatment District Municipal Service Taxing Unit commencing with County fiscal year 2003-2004. The foregoing millage limitation shall not be increased without the Key Largo Wastewater Treatment District first adopting a resolution consenting thereto. 2 Ordinance Creating Key Largo Wastewater Treatment District MSTU (B) The collection of ad valorem taxes as authorized herein shall cease after four (4) consecutive fiscal years and the Key Largo Wastewater Treatment District 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 Key Largo Wastewater Treatment District 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 Key Largo Wastewater Treatment District Municipal Service Taxing Unit. (B) The Board shall adopt a budget for the Key Largo Wastewater Treatment District 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) The effectiveness of this Ordinance shall be subject to the Key Largo Wastewater Treatment District adopting a resolution consenting to the inclusion of the unincorporated areas of the Key Largo Wastewater Treatment District within the boundaries of the Key Largo Wastewater Treatment District Municipal Service Taxing Unit. 3 Ordinance Creating Key Largo Wastewater Treatment District MSTU (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, said filing to be effective on or before June 30, 2003. [Remainder of page intentionally left blank.] 4 Ordinance Creating Key Largo Wastewater Treatment District MSTU PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on this 20th day of May, 2003. Mayor Dixie Spehar Mayor Pro Tem Murray Nelson Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner David Rice yes y~s no Y~l;l yes r~-;;:;;;'::-.,":~~~ <;;<;..>:vOt,-;;~% ;:::,('r""--~~~:r,",-~ ",.</'~:t ~ ~~. ',:/ \ .----/-v \; y. .' ,~/ ,'",) /i;:-"'- /.:., ; i- (- - -, jJ ,_,l.~ .... , _ " , ; ""\~"""""")";.t:>"[\ ,.' .....,.' ~ ,'.",'\'(' : . ',', I~""\' -1\ i"_ _ ".":'''' ";;';';;j'-r~ ~1 :i" ,'-". . . I, ','1 .~ ',I '- ':/~~~~ \?i:;,!'~!!!:;y (SE~) >.:~' ;' fj .... "';~;,~~;~l BOARD OF COUNTY COMMISSIONERS OFMONROECOUNT~FLORIDA ~)J~ >n ~~ By: Mayor/Chairperson Danny Kolhage, Clerk BY~~ :I. ''-> = .." 0 0 (~ B :z J.>- <.".j r- ;:0 -- '- ,." oP:;E c:: CJ r'"1 ::x:. -: ::z n' .." DC): ~ 0 ~33> ;0 . r :I:Joo --f c':. :::u -<()::c :x rll . ;-1. '1 .P- C) r- c:;; 0 )> f'T1 :::0 CJ1 C 0 5 Ordinance Creating Key Largo Wastewater Treatment District MSTU EXHIBIT A KEY LARGO WASTEWATER TREATMENT DISTRICT MUNICIPAL SERVICE TAXING UNIT AREA The Municipal Services Taxing Unit will include all areas within the boundaries of the Key Largo Wastewater Treatment District inclusive as identified in the attached map graphic. A-I Ordinance Creating Key Largo Wastewater Treatment District MSTU -+ s Key Largo Wastewater Treatment District Ocean Reef Oub Tavernier .-:9 Legend D Key Largo '~,//",--- Boundary A-I BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 June 17, 2003 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Via Certified Mail 7002 2030 0001 2668 8054 Dear Mrs. Cloud, Enclosed please find a certified copy of Ordinance No. 018-2003 creating the Key Largo Wastewater Treatment District Municipal Service Taxing Unit located within the unincorporated area of Monroe County, Florida, to provide wastewater 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 0.35 mil; authorizing the use of the tax revenue for enumerated purposes; and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on May 20, 2003. Please file for record. Should you have any questions please feel free to contact me at (305) 292-3550. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County co~ bY~~ Pame a G. Hancock, D. C. Ordinance No. 018-2003 June 17, 2003 cc: Municipal Code Corporation via Certified Mail 7002 2030000126688061 County Administrator w/o document Growth Management County Attorney BOCC File v SENDER: COMPLETE THIS SECTION OMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete ' A. Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X GRAdA, R :� •Lr�J,;Y,cdressee so that we can return the card to you. t:6i. B. Received=. . : rna�j r'4 • Attach this card to the back of the mailpiece, < l•i �� or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Mrs. Liz Cloud Bureau of Administrative Code The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 3. Service Type certified Mail ❑ Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (TransferfromiServicelabel)'; 70:02 203iJ Q031 2668 805>4 PS Form 38 iL U.S. Postal ServicelM 102595-02-M-1540 CERTIFIED MAILTM RECE p (Domestic Mail Only;No insurance Coverage Provided) For delivery information visit our website at www.usps.coms .J OFFMll A L U S E ru P-tmd111111/11111 s n Certified Fee _etr �d is Postmark a0 Return Reciept Fee11151=11 II Here (lc (Endorsement Required) l �00� t �1t Restricted Delivery Fee L t Ill (Endorsement Required) \c Total Postage&Fees eAal t1_I Sent To I= Liz Cloud, Bureau of Admin. Code & Laws B Tins Building 19 S0-2g 4+ 'fines---Street-;--Stri te--1;4 3 Tallahassee FL 32399-0250 ORD 0 : PS Form 3800,June 2002 See Reverse for Instructions �J SENDER: COMPLETEITHIS SECTION - • '• • O? •r • I ■ Complete items 1,2,and 3.Also complete A. Si•-lure item 4 if Restricted Delivery is desired. /�� ❑Agent ■ Print your name and address on the reverse ' J do'f9 Addressee • so that we can return the card to you. P —:a, eived b (Printed Nan C. te f Delivery • Attach this card to the back of the mail piece /6.�, r�,�fj" or on the front if space permits. C-! AP é// 6- D. Is delivery address different from item 1? Ye 1. Article Addressed to: i If YES,enter delivery address below: 0 No Evelyn Jefferson Municipal Code Corporation' PO Box 2235 Tallahassee FL 32316-2235 3. Service Type i [XXXrtified Mail, 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer f•rom seivice/atie!)• • 7 0 0 2 2 0 3 0 0 01 2668 8 p 61 PS Form 3811 Au.ust 200 • ■••• — 102595-02-M-154d -- —i U.S Postal Service,. 1 ' CERTIFIED MAILTM RECEIPT i 9 a (Domestic Mail Only;No Insurance Coverage Pr vrded) • co For delivery information visit our website at www.usps.coma F F PC I L USE �asn ru (1.1 Postage Certified u. Fee Post a �� , o Return Reciept Fee o ram `�QO� �1e ��� (Endorsement Required) CI Restricted Delivery Fee IIIIMIII rn (Endorsement Required) , c J,/3C)°� O RI Total Postage&Fees p Or�iv1gwCC. ei ru 0 S Jo tf Sor C Jt M�„rG; .,� cede.. • • lam- Street,Apt.No.; t or PO Box No. PO 8ag 2Z3S City�te, IP+ 3Z3d i® -223r /a/�4.t�4SsGG PS Form 3800 June 2002 See Reverse for Instructions_ �..k KEY©WEST ITIZEN The Florida Keys Only Daily Newspaper,Est.1876 Cooke Communications,LLC Florida Keys • Mary Beth Canitano STATE OF FLORIDA Advertising Coordinator Po Box 1800 COUNTY OF MONROE Key West Fl 33041 Before the undersigned authority personally appeared Randy G. Erickson, who Office 305-292-7777 Extension.................x219 on oath says that he is Vice-President of Advertising Operations of the Key Fax 305-294-0768 mcanitano@keysnews.com West Citizen, a daily newspaper published in Key West, in Monroe County, INTERNET PUBLISHING Florida; that the attache copy of advertis ent, being a legal notice in the keywest.com matter of L fl l;1 I 1 '\ J keysnews.com floridakeys.com key-west.com Web Design Services In the I Court, was published in said newspaper in the NEWSPAPERS issues',of a1 V m ul 01 The Citizen Southernmost Flyer Solares yes Hill Bigig Pine Free Press Affiant further says that the Key West Citizen is a newspaper published in Key Marathon Free Press Islamorada Free Press West, in said Monroe County, Florida and that the said newspaper has Key Largo Free Press • . Ocean Reef Press heretofore been continuously published in said Monroe County, Florida every Seaport Log and has been entered as second-class mail matter at the post office in Key West, MAGAZINE The Menu in said Monroe County, Florida, for a period of 1 year next preceding the first Home Guide Citizen Local's Guide publication of the attached copy of advertisement; and affiant further says that Paradise Keys TV Channel Guide he has neither paid nor promised any person, firm or corporation any discount, MARKETING SERVICES rebate, commission or refund for the purpose of securing this advertisement for Commercial Printing publication in the said newspaper. Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing/Main Facility Signature Of A tan 3420 Northside Drive • Key West,FL 33040-1800 . Tel 305-292-7777 Fax 305-294-0768 citizen@keywest.com Sworn and subscribed before me this JQ day of , 2003 Internet Division 1201 White Street(Suite 103) Key West,FL 33040-3328 Tel 305-292-1880 •Fax 305-29s@key est.c Dj ) 1J'iA2 sales@keywest.com U t vI ary Beth d Canitano,Notary Public Middle Keys Office 6363 Overseas Hwy Marathon,FL (MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 navigator@floridakeys.com Expires: January 15, 2007 Notary Seal Upper Keys Office 81549 Old Hwy PO Box 469 ,,"°r"B MARY BETH CANITANO ��t PRY PL Islamorada,FL(MM81.5) °. .`c,;N 33036-0469 otary Public-State of Florida . � Tel 305-664-2266 r ` �h Fax 305-664-8411 ! • MYmortE�ireslan15,2007 tree ress floridake s.com .'. P°` Commission#DD178046 p @ v I I'� :t ° Bonded By National Nota Assn. Ocean Reef Office ry 3A Barracuda Lane Key Largo,FL 33037 • Tel 305-367-4911 11 P.e hat x Produced Identification Fax 305-367-2191 Type of Identi ici�on Produced ,a0. 03lij .PUBLLNOTICE NOTICE OF INTENTION TO ' CONSIDER ADOPTION OF ' COUNTY ORDINANCE NOTICE IS .HEREBY GIVEN TO WHOM,IT MAY•CONCERN that on Tuesday, May 20,.2003,at 5:01 PM at the Key Largo Library,Tradewinds • Shopping Plaza,'101485 Overseas Highway,.Key Largo, Monroe Coun- ty, Florida, tfie—Board of County Commissioners of Monroe County, • Florida, intends to con•Sider the, adoption of the following County or dinance: • AN ORDINANCE'OF MONROE . COUNTY,FLORIDA,CREATING THE KEY LARGO WASTEWATER TREATMENT DISTRICT MUNICI- ' PAL SERVICE TAXING UNIT LO- . CATED WITHIN THE UNINCORPO- RATED AREA OF MONROE - COUNTY,FLORIDA,TO PROVIDE WASTEWATER AND RECLAIMED WATER SERVICES AND FACILI- TIES;DEFINING THE BOUNDA- RIES OF THE UNIT;AUTHORIZING THE BOARD TO.ANNUALLY LEVY AD VALOREM TAXES WITHIN THE BOUNDARIES OF SUCH UNIT NOT TO EXCEED 0.35 MIL;AUTHORIZ- ! ING THE USE OF THE TAX REVE • - NUE FOR ENUMERATED PUR- POSES;AND PROVIDING AN EF- FECTIVE DATE Pursuant to Section,•286.0105, Flori- da Statutes, notice is given that if a person decided to appeal any deci= -sion made by the Board with respect to any matter''Considered at such ',hearings or meetings, he will need a record of-the-proceedings,-and that, for such purpose, he may need to ensure that a verbatim record of the ' proceedings is made, which record includes the testimony and evidence upon which the appeal is.to be I 'based. • Copies of the above-referenced ordi- nance are available for review at the various public libraries 'in'Monroe County,Florida. . . . • , Dated at Marathon, Florida,'this 2nd day of April,2003. • - ' DANNY L.KOLHAGE,Clerk'of the Circuit Court and ex officio Clerk of' the Board of County Commissioners'. of Monroe County,'Florida ,April 27&May 2,2003 ' Email Confirmation t- ~, t Municipal Code Corporation iQfo@mail.municode-,-com P.O. Box 2235 Tallahassee, FL 32316-2235 Monroe County, FL Code of Ordinances - 1979(11270) Supplement 81 Recorded: 6/20/200311:42:53 AM We have received the following material through Hard Copy. This is our new acknowledgement format. You will no longer be receiving post cards for ordinances received. If you have any questions please contact us at the phone number or email address listed below. Thank you for your assistance and cooperation. Dot'luuent Adoption Description Ordinance No. 004- 2/19/2003 Amending chap. 5.5 making revisions to the Snake Creek 2003 Regulatory Zone Ordinance No. 018- 5/20/2003 Creating Key largo Wastewater treatment district 2003 Tired of receiving your acknowledgements by mail? Send us your email address at info@mail.municode.c~m. Get our 50th anniversary cookbook at ~w,municode.com You can submit your ordinances via email tO~.)fds@mail.l..I.1unicode.com. Should you have questions please contact us. Are you tired of mailing out codes and supplements? Tired of printing additional copies of codes? Let Municipal Code handle the distribution and sales. Contact the distribution department at: dist@mail.municode.com Page 1 of2 3.: "-:> <= .." 0 c.;; ,= =z: )> '-'-' r- ::On '- ,." Or~ c:: a [Tl::x: - :z:: n. r' N ." 0<;' c..n 0 S;;;.o;:;t ;0 ::. . ~~~' :x:. ::0 -<no :x . ~ ::r: iT) ". l> 3 C:-) r- G:l .> ,." a a ::::0 a Contact Information Ph 800-262.26::;3 Fax 850-575.8852 Emalllnfo@mall mun,code com http://intranet.municode.com/BISlRecordingi acknow ledgePrint.asp?jobid= 12454&print=tr... 6/20/2003