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Item S01* 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/21/12 - MAR Bulk Item: Yes No xx Division: County Attorney Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: A public hearing for an ordinance amending Ordinance No. 17-2012 in order to retain the BOCC intent in accepting language from Key Largo Wastewater Treatment District Board members during the July 18, 2012 public hearing yet avoid the unintended consequence that such language, as placed in the ordinance, could be interpreted to preclude use of the infrastructure sales tax for any other public purpose than wastewater infrastructure and related debt retirement until all wastewater infrastructure debt is retired. ITEM BACKGROUND: The BOCC, held 3 public hearings, one each in Key Largo, Marathon and Key West, on an ordinance to extend the infrastructure sales tax, subject to referendum, from the current expiration date of December 31, 2018 to December 31, 2033. Members of the KLWTD appeared at the July 18`h hearing seeking language changes. The BOCC accepted proposed language of KLWTD but retained the language that projects are "completed or fully funded," the industry standard that any wastewater project for which debt has been issued in an amount that is sufficient, together with any other designated funds, be considered "fully funded". The new language, especially in its particular placement in Section 23-145, MCC, could be interpreted to preclude any use of infrastructure sales tax for any purpose other than wastewater and wastewater infrastructure debt as long as there was any such debt outstanding, even though wastewater projects throughout Monroe County, not just the unincorporated areas, have been financed in part with debt secured by assessments being carried on tax rolls. The matter is being brought back to the BOCC with the language accepted from KLWTD being moved to just after the "any public purpose" language, the only category permissible for payment of debt not secured by a pledge of the tax in the course of financing the construction, upon advise of bond counsel to achieve what the County Attorney understands the BOCC intent to have been. PREVIOUS RELEVANT BOCC ACTION: Approval of Ordinance No. 13-1989 levying a one -cent infrastructure sales tax, subject to a referendum vote of the electorate, to generate revenue for much needed infrastructure, including a new jail. Approval of Ordinance No. 01-2000 extending the infrastructure surtax from its original expiration date of September 30, 2004, to December 31, 2018, and modifying the permissible uses to include wastewater infrastructure. On July 18, 2012, approval of Ordinance No 17-2012 to extend the infrastructure surtax to December 31, 2033, subject to referendum at the November 6, 2012 general election. 8/15/12 BOCC approved Public Hearing for 9/21/12 at 3:00 p.m. in Marathon, FL CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year APPROVED BY: County Atty _;4 OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # ORDINANCE NO. -2012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING ORDINANCE NO. 017-2012 APPROVED JULY 18, 2012; PROVIDING CLARIFICATION REGARDING USE OF THE FUNDS AFTER 2018; PROVIDING FOR SEVERABIILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County adopted Ordinance No. 13-1989 levying a one -cent infrastructure sales tax, subject to a referendum vote of the electorate, to generate revenue for much needed infrastructure, including a new jail which the County was under federal court order to build; and WHEREAS, Section 212.055(2), Florida Statutes was modified, among other things, to change the number of years of life a capital asset for which the infrastructure surtax could be expended; and WHEREAS, the Board of County Commissioners of Monroe County adopted Ordinance No. 01-2000 to extend the infrastructure surtax from its original expiration date of September 30, 2004, to December 31, 2018, and to modify the permissible uses to include wastewater infrastructure, subject to a referendum vote of the electorate; and WHEREAS, the electorate voted in 1989 for the initial levy of the infrastructure surtax and in 2000 for its extension; and WHEREAS, on July 18, 2012, at the end of the third public hearing on this matter, the County voted to extend the infrastructure surtax to December 31, 2033, subject to referendum at the November 6, 2012 general election; and WHEREAS, pursuant to a request made at the July 18, 2012 public hearing by members of the Key Largo Wastewater Treatment District Board, language was added to the body of the ordinance in the section governing permissible uses; and WHEREAS, it was realized after the public hearing that there could be unintended consequences of the language added after the word "wastewater", to wit: "including payment of any wastewater infrastructure debt"; and WHEREAS, the added language could be interpreted to preclude any other use of the infrastructure sales tax as long as there is any existing wastewater infrastructure debt; and WHEREAS, it is determined to be in the best interest of the public that the added language be modified slightly to prevent such interpretation; and ORD Amend Ord 17 - 2012 Ext lnf wtructue sales Tax Page 1 of 3 to 2033 (7f24/12 KP - App to Adv PH BOCC 8 15 12) WHEREAS, many local government entities financing wastewater improvements have relied to some degree on non -ad valorem assessments, payable over as much as twenty years, in order to obtain from individual property owners a portion of the system development costs, also utilizing other funding mechanisms such as pledging or utilizing such annual assessments to service long-term debt, as well as other legally available revenues and grants from federal and state sources; and WHEREAS, the Board of County Commissioners, in voting for Ordinance No. 017 — 2012, intended to allow any pre-existing wastewater infrastructure debt to be paid from that portion of the infrastructure sales tax which can lawfully be so paid by a county designated as an area of critical state concern; and WHEREAS, the Board of County Commissioners, in accepting proposed language of Key Largo Wastewater Treatment District, but retaining the language that projects are "completed or fully funded," intended that any wastewater project for which debt has been issued in an amount that is sufficient, together with any other designated funds, would be considered "fully funded" under Ordinance No. 17-2012 and did not intend that all such debt be fully paid before any other permissible use could be funded with the infrastructure sales tax generated after December 31, 2018; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 23-145(a) Monroe County Code is hereby amended to read as follows: Sec. 23-145. — Expenditure of funds. (a) The funds so collected, and interest accrued thereto, shall be expended within the unincorporated areas of the county and the various municipalities for the following capital infrastructure projects all of which have a life expectancy in excess of five years: wastewater, recreation and conservation lands, marinas, courthouses, parldng, offices, roads, bridges, airports, libraries, piers, auditoriums, riprap/seawalls, solid waste, jails, police/fire facilities, land acquisition, and storm water through December 31, 2018. Effective January 1, 2019, the funds so collected and interest accrued thereto shall be used only for wastewater, any wastewatef until such time as the governing body of the county or municipality determines that the necessary wastewater projects are completed or in progress and fully funded, after which, use of remaining funds collected pursuant to this article shall be available in that jurisdiction for all purposes allowed under this ordinance at any time. including payment of any wastewater infrastructure debt which can be lawfully Raid by such funds. Section 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Section 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. ORD Amend Ord 17 - 2012 Ext Infrastructure Saks Tax Page 2 of 3 to 2033 (7/24112 KP - App to Adv PH BOCC 815 12) Section 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2012. Mayor David Rice Mayor Pro Tem Kim Wigington Commissioner Heather Carruthers Commissioner George Neugent Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA � By Deputy Clerk Mayor/Chairperson ORD Amend Ord 17 - 2012 Ext Infrastructure Sales Tax Page 3 of 3 to 2033 (V24/12 KP - App to Adv PH BOCC 8 15 12) ADDITIONAL BACK-UP NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on September 21, 2012 at 3:00 P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING ORDINANCE NO. 017-2012 APPROVED JULY 18, 2012; PROVIDING CLARIFICATION REGARDING USE OF THE FUNDS AFTER 2018; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision 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 based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8.30 a.m. - 5: 00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call 1'711' Dated at Key West, Florida, this 15`h day of August, 2012. DANNY L. KOLHAGE, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates: KW Citizen (Fr) 8/17/12 Keynoter (Sa) 8/18/12 Reporter (Fr) 8/17/12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 8/15/08 - KL Bulk Item: Yes — No xx Division: CommAttorney Staff Contact Person: Suzanne Hutton A%Y 1rUA ITEM WUKUMU: Approval to advertise a public hearing for an ordinance amending Ordinance No. 17-2012 to retain the BOCC intent in accepting language from Key Largo Wastewater Treatment District Board members during the July 18, 2012 public hearing yet avoid the unintended consequence that such language, as placed in the ordinance, could be interpreted to preclude use of the infrastructure sales tax for any other public purpose than wastewater infrastructure and related debt retirement until all wastewater infrastructure debt is retired. ITEM BACKGROUND: The BOCC held 3 public hearings, one each in Key Largo, Marathon and Key West, on an ordinance to extend the infrastructure sales tax, subject to referendum, from the current expiration date of December 31, 2018 to December 31, 2033. Members of the KLWTD appeared at the July 18'h hearing seeking language changes. The BOCC accepted proposed language of KLWTD but retained the language that projects are "completed or fully funded," the industry standard that any wastewater project for which debt has been issued in an amount that is sufficient, together with any other designated funds, be considered "fully funded." The new language, especially in its particular placement in Section 23-145, MCC, could be interpreted to preclude any use of infrastructure sales tax for any purpose other than wastewater and wastewater infrastructure debt as long as there was any such debt outstanding, even though wastewater projects throughout Monroe County, not just the unincorporated areas, have been financed in part with debt secured by assessments being carried on tax rolls. The matter is being brought back to the BOCC with the language accepted from KLWTD being moved to just after the "any public Purpose" language, the only category permissible for payment of debt not secured by a pledge of the tax in the course of financing the construction, upon advice of bond counsel to achieve what the County Attorney understands the BOCC intent to have been. rxr,viuui*j x9JUNANT BUCC ACTION: Approval of Ordinance No. 13-1989levying a one -cent infrastructure sales tax, subject to a referendum vote of the electorate, to generate revenue for much needed infrastructure, including a new jail. Approval of Ordinance No. 01-2000 extending the infrastructure surtax from its original expiration date of September 30, 2004, to December 31, 2018, and modifying the permissible uses to include wastewater infrastructure. Approval of On July 18, 2012, Ordinance No 17-2012 to extend the infrastructure surtax to December 31 2033, subiect to referendum at the November 6 2012 general election CONTRACT/AGREEMENT CHANGES: N/A a i Ar v MMUMMENDATMINS: Approval TOTAL COST: N/A COST TO COUNTY: N/A. BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No xx AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management lorf DOCUMENTATION: Included X DISPOSITION: Not Required AGENDA ITEM # ORDINANCE NO. 017 - 2012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA EXTENDING THE ONE CENT INFRASTRUCTURE SALES TAX, OTHERWISE DUE TO EXPIRE IN 2018, THROUGH DECEMBER 31, 2033; PROVIDING LIMITS ON THE USE OF THE FUNDS AFTER 2018 UNLESS WASTEWATER PROJECTS ARE IN PROGRESS AND FULLY FUNDED; PROVIDING THAT SUCH EXTENSION IS ONLY EFFECTIVE IF APPROVED BY THE COUNTY ELECTORATE VOTING IN THE NOVEMBER 6, 2012 GENERAL ELECTION; PROVIDING FOR NOTIFICATION OF THE FLORIDA DEPARTMENT OF REVENUE IF THE TAX IS APPROVED BY THE ELECTORATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County adopted Ordinance No. 13-1989 levying a one -cent infrastructure sales tax, subject to a referendum vote of the electorate, to generate revenue for much needed infrastructure, including a new jail which the County was under federal court order to build; and WHEREAS, Section 212.055(2), Florida Statutes was modified, among other things, to change the number of years of life a capital asset for which the infrastructure surtax could be expended; and WHEREAS, the Board of County Commissioners of Monroe County adopted Ordinance No. 01-2000 to extend the infrastructure surtax from its original expiration date of September 30, 2004, to December 31, 2018, and to modify the permissible uses for include wastewater infrastructure, subject to a referendum vote of the electorate; and WHEREAS, the electorate voted in 1989 for the initial levy of the infrastructure surtax and in 2000 for its extension; and WHEREAS, the County and municipalities continue to have infrastructure needs which cannot be met through the infrastructure surtax expected to be collected through 2018; and WHEREAS, changes in the economy and state legislation have resulted in both legal and policy reasons to limit the levy of ad valorem tax which could be used for infrastructure as well as operations of the local governments; and WHEREAS, meeting wastewater, storm water, and re -use or reclaimed water needs are still paramount issues throughout the Florida Keys which rely on a dwindling supply and greater demand of potable water, and experiences serious near shore water quality problems due to storm water run-off; and ORD Extend Infrastructure Sales Tax to 2033 Page 1 of 3 REVISED 7/23/12 KP (per BOCC 7/18/12) WHEREAS, obsolescence and age will periodically require changes and improvements to existing infrastructure throughout the Florida Keys; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sec. 23-144 Monroe County Code is hereby amended to read as follows: Sec. 23-144. — Duration of surtax. The surtax authorized by this article shall be collected commencing on January 1, 2004 and continuing through December 31, 2033. Section 2. Section 23-145 Monroe County Code is hereby amended to read as follows: Sec. 23-145. — Expenditure of funds. (a) The funds so collected, and interest accrued thereto, shall be expended within the unincorporated areas of the county and the various municipalities for the following capital infrastructure projects all of which have a life expectancy in excess of five years: wastewater, recreation and conservation lands, marinas, courthouses, parking, offices, roads, bridges, airports, libraries, piers, auditoriums, riprap/seawalls, solid waste, jails, police/fire facilities, land acquisition, and storm water through December 31, 2018. Effective January 1, 2019, the funds so collected and interest accrued thereto shall be used only for wastewater, including payment of any wastewater infrastructure debt, until such time as the governing body of the county or municipality determines that the necessary wastewater projects are completed or in progress and fully funded, after which, use of remaining funds collected pursuant to this article shall be available in that jurisdiction for all purposes allowed under this ordinance at any time. (b) Nothing contained in this section, however, shall be construed to prohibit the hiring of out -of -county or out -of -city contractors or subcontractors or construed to prohibit the purchasing of any necessary material outside of the county or the various municipalities. (c) In addition to the capital infrastructure projects described in the subsection (a) the funds so collected, and interest accrued thereto, may also be expended on any public purpose, including maintenance of recreation and conservation lands, but only if. (1) The debt service obligation for the year is met; and (2) The county's comprehensive plan has been determined to be in compliance with Part II of F.S. ch. 163; and all wastewater projects described in subsection (a) above have been completed or, if not completed, are under construction and are fully funded as determined by a majority vote of the governing body of the county or particular municipality. ORD Extend Infrastructure Sales Tax to 2033 Page 2 of 3 REVISED 7/23/12 KP (per BOCC 7/18/12) Section 3. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes, provided that the following referendum is approved by a majority of the electors of the County voting in the November 6, 2012 general election: REFERENDUM ON EXTENDING THE ONE CENT INFRASTRUCTURE SALES TAX THROUGH 2O33. Shall the existing one cent infrastructure sales tax be extended through 2033 (it otherwise expires in 2018) with the proceeds used for the following projects: wastewater facilities and, only if those wastewater projects are completed or fully funded, recreation and conservation lands, marinas, courthouses, parking, offices, roads, bridges, airports, libraries, piers, auditoriums, riprap/seawalls, solid waste, jails, police/fire facilities, land acquisition, storm water, and any public purpose authorized by law? For the one cent sales tax extension Against the one cent sales tax extension Section 4. NOTICE TO DOR. If the referendum is approved at the general election on November 6, 2012, then the County Clerk must notify the Florida Department of Revenue within 10 days of the referendum dates as provided in Sec. 212.054(7)(a), Florida Statutes, but no later than November 16, 2012. Section 5. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Section 6. 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 7. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. PASSED AND ADOPTED by the Board of County Commissioners otMoKoe un r, Florida, at a regular meeting of said Board held on the 18th day of July, 2012. _ - �c Mayor David Rice Y r Mayor Pro Tem Kim Wigington ..,Commissioner Heather Carruthers Commissioner George Neugent Commissioner Sylvia Murphy (SEAL) Att ANNY. KOL GE, Clerk By f Deputy Clerk ORD Extend Infrastructure Sales Tax to 2033 REVISED 7/25/12 KP Corrected police Ref Q Line 6 (BOCC 7/18/12 P4) es - cN) Yes7, Yes a. Yes Yes - = o 0 BOARD OF COUNTY COMMIS&OWERS OF MONROE�Q , F IDA By Mayor/ irperson Page 3 of 3 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the Board of County Commissioners of Monroe County, Florida, at 3:00 P-M., or as soon thereafter as may be heard, on: MAY 16, 2012 at the Murray E. Nelson Government Center, 102050 Overseas Highway, Mile Marker 102, Key Largo, Monroe County, Florida; JUKE 20, 2012 at the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County, Florida; and JULY 18, 2012 at the Harvey Government Center, 1200 Truman Avenue, Key West, Monroe County, Florida; intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA EXTENDING THE ONE CENT INFRASTRUCTURE SALES TAX, OTHERWISE DUE TO EXPIRE IN 2018, THROUGH DECEMBER 31, 2033; PROVIDING LIMITS ON THE USE OF THE FUNDS AFTER 2018 UNLESS WASTEWATER PROJECTS ARE IN PROGRESS AND FULLY FUNDED; PROVIDING THAT SUCH EXTENSION IS ONLY EFFECTIVE IF APPROVED BY THE COUNTY ELECTORATE VOTING IN THE NOVEM 3ER 6, 2012 GENERAL ELECTION; PROVIDING FOR NOTIFICATION OF THE FLORDIA DEPARTMENT OF REVENUE IF THE TAX IS APPROVED BY THE ELECTORATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL, OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision 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 based. ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's office, by phoning (305) 292-4441, between the hours of 8.30 a.m. - 5:OOµm., no later than five (5) calendar days prior to the scheduled meeting, if you are hearing or voice impaired call "711': Dated at Key West, Florida, this 181h day of April, 2012 DANNY L. KOLHAGE, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates: KW Citizen (Su) 4/22/12 AND (Su) 6/24/12 Keynoter (Wed) 4/25/12 AND (Wed) 6/27/12 Reporter (Fr) 4/27/12 AND (Fr) 6/29/12 NOTICE OF INTENTION TO CONSIDER ADOPTION OF �,yvn ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the Board of County Commissioners of Monroe County, Florida, at 3:00 P.M., or as soon thereafter as may be heard, on: MAY 16, 2012 at the Murray E. Nelson Government Center, 102050 Overseas Highway, Mile Marker 102, Key Largo, Monroe County, Florida; JUNE 20, 2012 at the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County, Florida; and JULY 18, 2012 at the Harvey Government Center,1200 Truman Avenue, Key West, Monroe County, Florida; intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA EXTENDING THE ONE CENT INFRASTRUCTURE SALES TAX, OTHERWISE DUE TO EXPIRE IN 2018,THROUGH DECEMBER 31, 2033; PROVIDING LIMITS ON THE USE OF THE FUNDS AFTER 2018 UNLESS WASTEWATER PROJECTS ARE IN PROGRESS AND FULLY FUNDED; PROVIDING THAT SUCH EXTENSION IS ONLY EFFECTIVE IF APPROVED BY THE COUNTY ELECTORATE VOTING IN THE NOVEMBER 6, 2012 GENERAL ELECTION; PROVIDING FOR NOTIFICATION OF THE FLORDIA DEPARTMENT OF REVENUE IF THE TAX IS APPROVED BY THE ELECTORATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ,ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY 'CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision 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 theappeal istobe based. ADA ASSISTANCE. N you are a person with a disability who needs special accommodations In order to participate In this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8.30 a.m. - 5.00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call -711 ". Dated at Key West, Florida, this 18th day of April, 2012. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida JuM 24, 2012 Key West Cit— 374542 , O-IIIGI.1 LVVV/V Tel 305-853-7277 Fax 305-853-0556 freepress@fioridakeys.com STATE OF FLORIDA COUNTY OF MONROE led authority personally appeared Randy G. Erickson, it he is Vice -President of Operations of the Key West ;paper published in Key West, in Monroe County, -hed copy of advertisement, being a legal notice in the loi C 6, X �CAjlllvf; 0/4je CLIT) le,�, TAr J d newspaper in the issue(s) of s that the Key West Citizen is a newspaper published in Monroe County, Florida and that the said newspaper has inuously published in said Monroe County, Florida every tered as second-class mail matter at the post office in Key 1e County, Florida, for a period of 1 year next preceding of the attached copy of advertisement; and affiant further ier paid nor promised any person, firm or corporation any tmmission or refund for the purpose of securing this lblication in the said newspaper. Signature of Affiant :d before me this day of 2012 ,joy DAWN KAWZINSKY c� NOTARY PUBLIC =STATE OF FLORIDA ? Comm# EE157233 Expires 1/4/2016 r Dawn KawAnsk Y Expires: 1/4/16 Notary Seal Personally Known x Produced Identification Type of Identification Produced PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that -the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) 10/� - gy A rant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Sworn to an sub 0bed before me this Da of , 2012 (SEAL) Notary Overseas Dighway, him iNarkec�T8X K ey .I,ar* Florida' JUNE A 2012 at the li'O•ettsesso . Highway, Marathon, f dorbe'64i $= JIfLY 18, 20 12 at the Harvey Government Center,1200 Truman Avenue, �cey Wei Monroe Coas�y Florida; inleuds to *tiileider tirre adoptipn .of the reltowutg CawKdlnas!e c, "'O"INANCE'Of ThE BOARD `(w CYjI `L'�9iI� OFN>R4E COUN'irK� `ItRIDA'I'XT IItiRRASTEiJSTURK S/W99IrA% ©Tmit�VViBIi:�H TIE , 215, T1GH.DCEMBER 31, 2033; P1dQYiEflIIVG SA AF 'FUNDS AFTER 2111118'V!NAXW,W , ;, ►: ����i JECTS ARE IN PkOtESS Alm' THAT, SUCH EXTENSION IS ONLY EFFECTIVE IF APPROVED BY THE, C3OQN'Ir'Y•:gLECT0RATE VOTING IN THE NOVEMBER 6, 30211 OhNEgA� Fi CMON;:PROVIDI IG F(#it NOTIFICW T11Tr :i, Ft ORDI h DEPAkTMENT OFft TAX IS .ASP s } BY THE E3•Rj7f0R3,-!1tP�Y. VIDING ,FOR THE RkWAL OP' AW'"010IF E HEREWITI1; PROVIDINGIROR lbQ ROE. COUNTY CO#>al •OF' O]WINA S; .* V1 c$O AN EFFECTIVE DATE. , Parssast tDo 9eetw 28$:l IM F Ma 8tatutak *Am Is &I "* * if 1`iPe.064 40mm io &pow sal' deeision maae by the.$oard wits rasreet to SAW patter Am * bo wlu 4*0, a roeord of the pr"llags, and that,, for welt pw ** myiWd is 4ssane that WTON, :. bads. recotd Af the proca~ is made, whkh mprd ltachMks the toadm ay and evideAee aims wbkb the appe41 k tQ be Lased. . ADA ASSISUNC91 Ifyon area person ,rabdhr a dbra&gEty who rieee►a 0 � ,m oas,sro, E4,ita to dr&r to perdu* a in thiss pr»re`e&n& p1sm cwrncwt the Cr unVAAwba itiwsa''s Q•� bypho"v (3®S) 292 #"t, bmwrew the Haters of L30 e.m. 3:00 pLm, me hats than •jive (S) dneld• *0s p►iw to me sebes- aled wordag, Iflww are booing ar voice iaipalrt4 cat! "711 ". Dated at Key west, 61 421 tbb 1 kb day of AprO, 2012. • DA'NNY`L: KOlLf1l�GEt .'x'= e„ �: . Ciec of t1tC Court aim ix utl[elu 1 1� of the BaiCitia.,a Coawsissiouers of NORM County, Florida Pow" lcgyaotaiislii a umnz V. n W' , .• BEVERLYTRAEGER MY COMMISSION # DD 969749 EXPIRES: April 18, 2014 Bonded Thru Notary Public Underwriters 'THE REPORTER P.O. Box 1197, Tavernier, F1 33070 92655 Overseas Hwy, Tavernier F1 33070 Phone 305- 852-3216, Fax 305- 852-0199 www.keysnet.com PROOF OF PUBLICATION V (aVZN TO WHOM 11 STATE OF FLORIDA �71 of Nfooioe County, V COUNTY OF MONROE -=*y be beard, on: ar Before the undersigned authority personally appeared -, ". me*10�41w, 4 ".1- 1 Murray E. Neh*n Govern is WAYNE MARKHAM who on oath, says that he �s Marker 102, Icei, Lai weekly PUBLISHER of the THE REPORTER, a we y % Florida; e newspaper published in Tavernier, in Monroe County, Florida: that the attached ' copy of #U!% 'thon Cout.;t7'777',7� e advertisement was published in said newspaper in the MENT issues of. (date(s) of publication) .j C 12W UM*tAvmqe "W QF THE BOARD, Op coam, AN OADINAN& �04 or C W(0�1WbE';COtjNn, FORIDA EXTV4Wkd Affiant further says that the said THE REPORTER is INISLASMUCTU" S= TAIC.-OTHERWAK- , "M jS� THik6t)Gff J)EC ER 31, 2t3ft PR0VWP(G:L1Mn$*NTnE a newspaper published at Tavernier, in said Monroe 'USE OF TAI� F MIER '108,614LEsa *VORWATER PRO ­ County, Florida, and that the said newspaper has Y, I., ARE V AIR Wip D; PROVIPWG heretofore been continuously published in said THAT SUCH EXTENSION jjOM.Y FIVECOVE, IJf,APPXMED By, Monroe County, Florida, each week (on Friday) and THE CACj6WY jL1dpRAT,%�*0j*djN THE N, 6, 1 It C 2012 has been entered as a second class mail matter at the GENERAL ELEC`hOt41'VR&*W- FOR NOTIFIdAOON OF THE post office in Tavernier, in Monroe County, Florida, ENT '- FLOWA DEPAATM OFR9V*,NUE IF THE TAX-4i APPROVED 'V; for a period of one year next preceding the first . fHX1 EC-jVRATk;jP ROV ,IDING FOR SiVERAALI' PRO - ByEL publication of the attached copy of advertisement. VWIN(I FOR THE REMALOFALL QRDINANCES INCONSISTENT HEREW1TH;'PR0*DJ?4,G. FOR INCORPORATION INTO THE MON- The affiant further says that he has ' neither paid nor ROE COUNTY CpDit- OF ORDINANCES; PROVIDING FOR AN promised any person, firm, or corporation any discount, rebate, commission or refund for the pql petitto Sekdon, 2116.0105, F" *&fttMn*tfte is giv" that if a imsee decides to appeal *BY purpose of securing this advertisement for ,Itd&w am* by the ftstdwith relpm to any ma" considered at sackbeariW or.M."ethI06 be . publication in the said newspaper(s) and that The r ver-, wfll **d a recqrd of the proceeillnpaad that, r or —h pw7a-, he May need to MR ave the a the . projetd I too I u mwe, which mto rd inetades the testimony and evi"ce G)P" THE REPORTER is in full compliance with Chapter which the apimt is to, be based. 50 of the Florida State Statutes on Legal and Official Advertisements. ADA ASSISTANCE: I' with a disability who needs special accommmArrums in order 0 If are a person ��I 29;- t�aft,�, U. Sworn to and subscrib before me -.this Day of 2012 (SEALI BEVERLYTRAEGER M COMMISSION # DD 96974( Y 51 giz EXPIRES: April 18 2014 Bonded Thru Notary Public Underwriters Dated at Key West; Fleelds, this 13tb day nfApril, 12012- I)ANWL. KOLRAGE, Clet;k of the Ckeuk, Court pno ox owls Clark of toe Board if County Commissioners of Mpurottouti*- kotida Published Rjanl«+2TI2&6/29/I2 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 � b GOUNT�C U N Oi4OE co NO.f�.VP CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Dear Ms. Cloud, July 25, 2012 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 Via Certified Mail 70121010 0003 4990 5125 Enclosed please find a certified copy of Ordinance No. 017-2012 extending the one cent infrastructure sales tax, otherwise due to expire in 2018, through December 31, 2033; providing limits on the use of the funds after 2018 unless wastewater projects are in progress and fully funded; providing that such extension is only effective if approved by the County electorate voting in the November 6, 2012 General Election; providing for notification of the Florida Department of Revenue if the tax is approved by the electorate; providing for severabilty; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on July 18, 2012. Please file for the record. Should you have any questions please feel free to contact me at (305) 295-3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by cc: Supervisor of Elections certified copy Municipal Code Corporation via e-mail County Attorney via e-mail County Administrator via e-mail BOCC via e-mail File Pamela G. Hancock, D. C. Lr r� Lrl IC3 °' Er m 0 0 0 0 rq 0 a ru a a RICK SCOTT Governor July 30, 2012 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated July 25, 2012 and certified copy of Monroe County Ordinance No. 017-2012, which was filed in this office on July 30, 2012. Sincerely, U&4(9 Liz Cloud Program Administrator LC/elr w a� 0 C7 GJ R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us Page 1 of 1 Pam Hancock From: <ords@municode.com> To: <phancock@monroe-clerk.com>; <grimsley-susan@monroecounty-fl.gov> Sent: Tuesday, July 31, 2012 2:26 PM Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 7 Update 3 ****THIS IS AN AUTOMATICALLY GENERATED EMAIL**** Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 7 Update 3 Document Adopted Recorded Recorded Date Format Ordinance No. 010- 5/16/2012 7/26/2012 PDF 2012 Ordinance No. 016- 2012 6/20/2012 7/9/2012 PDF Ordinance No. 017- 2012 7/18/2012 7/26/2012 PDF Ordinance No. 018- 2012 7/18/2012 7/31/2012 PDF Ordinance No. 019- 2012 7/18/2012 7/31/2012 PDF El 0 Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly. 8/6/2012