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Item M3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 04-18-2012 Bulk Item: Yes No X Division: Public Works / Engineering Department: Wastewater Staff Contact: Wilson (453-8797) AGENDA ITEM WORDING: Approval to advertise a public hearing to amend Article VI, Chapter 22, Monroe County Code by extending the time periods for the levy of ad valorem tax in the Big Pine Key and Summerland/Cudj oe-- Sugarloaf MSTU's; reinstating No Name Key into the Big Pine Key MSTU; and reinstating Lower Sugarloaf Key into the Summerland/Cudjoe--Sugarloaf Key MSTU. ITEM BACKGROUND: MSTU's were established to provide 4 years of ad valorem taxation, not to exceed .70 mil, for the purpose of funding the planning and design of wastewater projects. Due to a number of financial constraints against moving forward with the Summerland/Cu djoeSugarloaf project, the taxes were levied one year. It happened to be the fiscal year during which Lower Sugarloaf was in the Summerland/Cu djoeSugarloaf MSTU, but Lower Sugarloaf was thereafter removed from the MSTU. In 2005, No Name Key was removed from the Big Pine Key MSTU, where the wastewater MSTU taxes have never been levied, but in 2009, the County decided to include No Name Key in the Cudjoe Regional System along with all other properties in the expanded Cudjoe regional area (Lower Sugarloaf through Big Pine) which will have to have advanced wastewater treatment through Onsite Sewage Treatment and Disposal Systems (OSTDS). PREVIOUS RELEVANT BOCC ACTION: Ordinance No. 38-200 l creating Stock Island, Summerland/Cudjoe/Upper Sugarloaf, Big Pine, Long Key -Layton, and Conch Key -Duck Key MSTU's. Ordinance No. 10-2005 revising legal descriptions for Stock Island, Summerland/Cudjoe/Sugarloaf, Big Pine and Conch Key/Duck Key MSTU's. Ordinance No. 21-2007 setting new boundaries for Summerland/Cu djoeSugarloaf and Big Pine MSTU's. Ordinance No. 37-2009 extending dates for extensions of dates of authority for Conch Key, Duck Key, Long Key, Summerland/Cudjoe--Sugarloaf and Big Pine MSTU's. CONTRACT/AGREEMENT CHANGES: Reinstates islands previously removed from MSTU's and extends the years in which ad valorem taxes for wastewater may be levied. STAFF RECOMMENDATIONS: Approval. TOTAL COST: INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM 4 ORDINANCE NO. - 2012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING ARTICLE VI, CHAPTER 22, MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR EXTENSIONS OF THE DATES OF AUTHORITY FOR THE BIG PINE KEY AND SUM[MERLAND/CUDJOE--SUGARLOAF MUNICIPAL SERVICE TAXING UNITS; PROVIDING FOR REINSTATING NO NAME KEY INTO THE BIG PINE KEY MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR REINSTATING LOWER SUGARLOAF KEY INTO THE SUMIVIERLAND/CUDJOE--SUGARLOAF KEY MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Monroe County, through a number of ordinances, created municipal service taxing units for the assessment of ad valorem taxes in order to provide a portion of the funding necessary for planning and design of wastewater treatment and collection systems in the unincorporated areas of the county; and WHEREAS, the original plan was for each wastewater -related municipal taxing unit to have taxes levied for four (4) years; and WHEREAS, due to the logistical, technological, and funding issues in moving forward with wastewater treatment and collection systems in various areas of the unincorporated county have delayed the projects in these areas; and WHEREAS, the monetary cap on ad valorem taxes imposed by the State legislature for the County's fiscal years ending September 30, 2008 and thereafter, coupled with delayed timelines in furtherance of some projects resulted in no levy of tax in some MSTUs for some, if not all, of the fiscal years for which the MSTU's were created to generate revenue for planning, design, and general administration of wastewater projects; and WHEREAS, it is desired to extend the expiration dates of the specified MSTUs to allow the County, should it be deemed necessary and in the best interests of the public, to levy taxes for the areas specified for a total of four (4) years in each area, including the years in which taxes were already levied; and WHEREAS, the decision to incorporate Big Pine and Lower Sugarloaf Keys into Cudjoe Regional was made by the BOCC on April 16, 2008; and WHEREAS, No Name Key was removed from the Big Pine Key MSTU through Ordinance No. 10-2005, and Page 1 of 3 ORD REINSTATE NNK BPK MSTU///LOWER SUG SUMMERLAND/CUDJOE-SUGARLOAF MSTU WHEREAS, the County decided on August 3, 2009, in amending its September 20, 2006 Interlocal Agreement with FKAA, to include on -site sewage treatment and disposal systems on No Name Key in the Cudjoe Regional System; and WHEREAS, Lower Sugarloaf was in the Cudjoe/Sugarloaf MSTU the one year (FY 2007) that the MSTU tax was levied and was then removed from the MSTU by Ordinance No. 025-2007; and WHEREAS, it is necessary to revise the MSTU's to reinstate No Name Key into the Big Pine Key MSTU, reinstate Lower Sugarloaf into the Summerland/Cudjoe--Sugarloaf MSTU, and extend terms for both MSTU's to allow for a total of four (4) years of taxes to be levied in each MSTU; now therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 22-122 , Monroe County Code, shall be amended to read: Sec. 22-122. Summerland/Cudjoe--Sugarloaf Municipal Service Taxing Unit created. (a) Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a municipal service taxing unit to be known as the Summerland/Cudjoe--Sugarloaf Municipal Service Taxing Unit. The Summerland/Cudjoe--Sugarloaf Municipal Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by the " Shark Key Channel and on the east by Niles Channel, less the area encompassed by the Big Coppitt Municipal Service Taxing District as described in Ordinance No. 26-2006. (b) The board is hereby authorized, in the manner and under the authority provided by F.S. § 125.01(1)(q), to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and personal property within the Summerland/Cudjoe--Sugarloaf Municipal Service Taxing Unit, commencing with the county fiscal year beginning October 1, 2005. The imposition of ad valorem taxes, as authorized herein, shall cease after a levy of taxes under this provision for a total of four fiscal years and the Summerland/Cudjoe--Sugarloaf Municipal Service Taxing Unit shall terminate on December 31, 2014 -3, and taxes for calendar year 2014 -3 may be collected in 2015 (c) Revenue derived from ad valorem taxes levied in the Summerland/Cudjoe--Sugarloaf Municipal Service Taxing Unit shall be used solely for the administration, planning and development costs associated with and incurred in advancing wastewater and reclaimed water projects within and benefiting the Summerland/Cudjoe--Sugarloaf Municipal Service Taxing Unit. The board shall adopt a budget for the Summerland/Cudjoe--Sugarloaf Municipal Service Taxing Unit for the county fiscal year beginning October 1, 2005, and each fiscal year thereafter, at the same time and in the same manner as the county budget. SECTION 2. Section 22-123 , Monroe County Code, shall be amended to read: Sec. 22-123. Big Pine Municipal Service Taxing Unit created. (a) Pursuant to the provisions of F.S. § 125.01(1)(q), there is hereby created a municipal service taxing unit to be known as the Big Pine Municipal Service Taxing Unit. The Big Pine Municipal Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by Niles Channel and on the east by the west end of the Seven Mile Bridge leis including No Name Key. Page 2 of 3 ORD REINSTATE NNK BPK MSTU///LOWER SUG SUMMERL.AND/CUDJOE-SUGARL,OAF MSTU (b) The board is hereby authorized, in the manner and under the authority provided by F.S. § 125.01(1)(q), to levy and collect ad valorem taxes at a millage rate not greater than 0.70 mil upon taxable real and personal property within the Big Pine Municipal Service Taxing Unit, commencing with the county fiscal year beginning October 1, 2005. The imposition of ad valorem taxes, as authorized herein, shall cease after a levy of taxes under this provision for a total of four fiscal years and the Big Pine Municipal Service Taxing Unit shall terminate on December 31, 2016 4, and taxes for calendar year 2016 4 may be collected in 2017-5. (c) Revenue derived from ad valorem taxes levied in the Big Pine Municipal Service Taxing Unit shall be used solely for the administration, planning and development costs associated with and incurred in advancing wastewater and reclaimed water projects within and benefiting the Big Pine Municipal Service Taxing Unit. The board shall adopt a budget for the Big Pine Municipal Service Taxing Unit for the county fiscal year beginning October 1, 2005, and each fiscal year thereafter, at the same time and in the same manner as the county budget. SECTION 3. 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 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 4. 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 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect on filing of this Ordinance with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2012. Mayor David Rice Mayor Pro Tem Kim Wigington Commissioner Heather Carruthers Commissioner George Neugent Commissioner Sylvia Murphy (SEAL) Attest: DANNY L. KOLHAGE, Clerk By Deputy Clerk ORD REINSTATE NNK BPK MSTU///LOWER SUG SUMMERLAND/CUDJOE-SUGARLOAF MSTU BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson i e Page 3 of 3 1.,;ul j!')