03/15/2000 Agreement
NON-AD VALOREM ASSESSMENT COLLECTION AGREEMENT
This is an agreement entered into by and between the Board of County
Commissioners of Monroe County, Florida (hereafter the Board) and the Tax Collector of
Monroe County, Florida, pursuant to Sec. 197.3632, FS and Rule 120-18.04, FAC.
WHEREAS, the Board in Ordinance No.022 -2000 created the Key Largo Central
Sewer Municipal Service Benefit Unit (hereafter the MSBU), a copy of which ordinance is
attached to this agreement and made a part of it; and
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WHEREAS, the MSBU will levy non-ad valorem assessments pLtiu$3t 0 S~s.
197.3632 and 197.3635, FS, which will require the assistance of the Tai5p:iectil; rmw,
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In exchange for the mutual promises and consideration set forth ti~ t~ p~es
agree: :<: .:J: ,."
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1. The Tax Collector shall merge the MSBU non-ad valorem assessmeht r~ ~ t~ ad
valorem roll to produce one roll.
2. The Tax Collector will comply with and carry out all the duties and obligations of the
Tax Collector under Sees. 197.3632 and 197.3635, FS, other applicable provisions of general
law, and Chap. 120-18, FAC, that are necessary to collect the MSBU non-ad valorem
assessment.
3. The Board, through the MSBU, must reimburse the Tax Collector for his actual costs
of collection and administrative costs in carrying out his duties and obligations under this
agreement and under Sees. 197.3632, 197.3635, FS, and Chap. 120-18, FAC. Administrative
costs included, but are not limited to, costs associated with personnel, forms, supplies, data
processing, computer equipment, postage, pro rata insurance premiums, and programming.
4. This agreement will take effect when an executed copy is filed with the Clerk of the
Circuit Court of Monroe County.
",,-,'INWITNESS WHEREOF, the parties hereto have set their hands and seals this 15th day of
/ .. . . MarCh , 2000.
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By
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ATTEST:
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ROBERT N. W
DAtE 3 Z?-
Commissioner Nora Williams
ORDINANCE NO. 022 2000
AN ORDINANCE CREATING THE KEY LARGO AREA CENTRAL SEWAGE
MUNICIPAL SERVICE BENEFIT UNIT (MSBU); PROVIDING THAT THE MSBU
INCLUDES ALL OF KEY LARGO AND CROSS KEY BUT EXCLUDING OCEAN REEF;
PROVIDING THAT THE MSBU GOVERNING BODY IS THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR THE GOVERNING
BODY'S POWERS AND DUTIES; PROVIDING FOR THE LEVY OF NON-AD
VALOREM ASSESSMENTS FOR SEWAGE INFRASTRUCTURE CONSTRUCTION;
PROVIDING FOR THE DUTIES OF THE COUNTY ADMINISTRATOR AND CLERK OF
THE CIRCUIT COURT WITH REGARD TO THE MSBU; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, flORIDA:
Section 1. The Board of County Commissioners hereby finds that:
a) The creation of the Key Largo Area Central Sewage Municipal Service
Benefit Unit (MSBU) is the best available alternative to funding, constructing, operating and
maintaining a central sewage system for residential, commercial, charitable or religious
properties within the MSBU because only those property owners who will be specially
benefited will pay the non-ad valorem assessment;
b) The construction, operation and maintenance of a c~tr<8 s~a~
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system constitutes a valid public purpose and municipal service for Whi~~'~Tll.i~
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service benefit unit may be created under Sees. 125.01 (1 )(q) and (r), F.S. ~~~ 0'\ Si
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Section 2. Pursuant to the provisions of Sees. 125.01 (1 )(q) and trJ; ~., clger~is
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hereby established the Key Largo Area Central Sewage Municipal Service Ben~fit CGhit
(MSBU) for the purpose of providing central sewage infrastructure. The MSBU is comprised of
the following areas:
a)
b)
Section 3.
Key Largo excluding Ocean Reef; and
Cross Key.
The governing body of the MSBU is the Board of County Commissioners
of Monroe County, Florida.
Section 4. The governing body has the following powers and duties:
a) To sue and be sued.
b) To contract and be contracted with and to enter into interlocal
agreements with other government entities, in order to carry out any of the purposes of this
Ordinance.
c) To construct, operate and maintain central sewage infrastructure
(including, but not limited to, treatment facilities, pipes and pumping stations) necessary to
provide sewage collection service to residential, commercial, charitable and religious
properties within the MSBU and to transport the sewage so collected to a central wastewater
treatment facility.
d) To levy non-ad valorem assessments against all property within the MSBU
specially benefited by the construction of central sewage infrastructure for the payment of
the costs of such construction.
e) To borrow and expend money, issue bonds, revenue certificates, and
other obligations of indebtedness, subject to the limitations provided by general law.
f) To establish, charge and collect fees, including connection fees, for the
construction, operation or maintenance of the sewage infrastructure.
g) To transfer funds collected or received to other governmental entities or
private entities for carrying out the purposes of this Ordinance
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h) To employ and hire such employees and independent contractors as
deemed necessary for the construction, operation of the central sewage infrastructure.
i) To receive grants and other revenues on behalf of the MSBU.
j) To acquire by gift, purchase/lease purchase, or the exercise of eminent
domain, land or any other property and to convey land or any other property.
k) To lease land or goods for its own behalf or to others.
Section 5. a) In order to fund the MSBU expenditures authorized by this
Ordinance, the governing body may impose non-ad valorem assessments pursuant to Sec.
197.3632, F.S., against all real property within the MSBU that will be specially benefited by the
construction, operation and maintenance of central sewage infrastructure. The non-ad
valorem assessments may be calculated on a front footage or per lot or per unit basis or
according to any other method lawful in the State of Florida that fairly apportions the cost of
constructing the central sewage infrastructure and the benefit received by the property
subject to the assessment. If the owner of real property contributes land or capital
improvements that will be used and useful in the construction or operation of the central
sewage infrastructure, then the amount of the non-ad valorem assessment levied against
the real property of the owner must be reduced by a credit equal to the value of the
contribution, or to zero if the contribution exceeds the amount of the assessment. However,
if the governing body levies a non-ad valorem assessment pursuant to this Ordinance for
multiple years and, if the contribution exceeds the value of the assessment in the year in
which the contribution was made, then the value of the contribution remaining after the
initial deduction must be credited against subsequent assessments until the credit value is
reduced to zero. The value of any contribution of land or capital improvements must be
made by a real estate appraiser employed by the County or the County Engineer, as
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appropriate, after conferring with the contributing property owner or his representative(s).
The decision of the appraiser or County Engineer as to value is the final determination of the
MSBU.
b) If upon completion of central sewage infrastructure and the retirement
of any bonds, anticipation warrants, notes or other instruments of indebtedness, there remain
unused MSBU funds originally collected through non-ad valorem assessments, those funds
may be refunded to the owners of properties (as shown by the most current records of the
Property Appraiser) that were subject to assessment in a manner that the governing body
determines to be fair and just. However, in calculating the amount available for refund, the
governing body must set aside a sufficient amount to cover the administrative costs in
making the refund.
Section 6. In entering into contracts, the MSBU must observe all applicable statutes,
County ordinances and purchasing policies, including all County insurance and
indemnification requirements. The requirement of any applicable statute, County ordinance
or purchasing policy may be waived for the MSBU only to the extent that waivers are
authorized by the statute, ordinance or policy.
Section 7. The County Administrator must make County personnel available to the
MSBU for carrying out its task of constructing, operating and maintaining central sewage
infrastructure. The MSBU must, however, reimburse to the County the County's costs in
furnishing personnel. Costs, for the purposes of this subsection, means a pro-rata share of
salaries and benefits (including retirement contributions) for the County personnel furnishing
assistance, plus Sec. 112.061, F.S., reimbursable expenses.
Section 8. The Clerk of the Circuit Court is the Clerk, accountant and auditor for
the MSBU. The Clerk is the custodian of the MSBU's records, minutes and accounts. The Clerk
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must invest or reinvest surplus MSBU funds in the same manner as the Clerk invests or reinvests
other surplus County funds and audit the MSBU's account in the same manner as the
accounts of the County Commission are audited. The MSBU must reimburse the Clerk's costs
in furnishing his services as clerk and accountant. Costs, for the purpose of this section,
means a pro-rata share of the salaries and benefits (including retirement contributions) of the
Clerk's personnel furnishing services to the MSBU, plus Sec. 112.061, F.S., reimbursable
expenses.
Section 9.
a)
The adoption of assessment resolutions and non-ad valorem rolls
must be as provided in Sec. 197.3632, F.S. At the public hearing at which the governing
body adopts the assessment, the governing body may adjust the assessment, or the
application of the assessment to any affected property, based on the benefit which the
governing body will provide or has provided to the property with the revenue generated by
the assessment notwithstanding the notice provided as required by Sec. 197.3632(4)(b), F.S.
b) At the public hearing provided in subsection 9(a), the governing board
may also adopt such fees and service charges as the governing board determines are
prudent and useful in carrying out the purposes of the MSBU.
Section 10. If any section, subsection, sentence, clause or provision of this
Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such
invalidity.
Section 11. All Ordinances or parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of said conflict.
Section 12. The provisions of this Ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment
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thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 13. This Ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this Ordinance has
been filed with that Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 28th day of February, 2000.
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Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
."'----:-Co,,mmissioner Mary Kay Reich
/'.- . .. Coinrnissioner Nora Williams
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Attest:DANN?t L.KQLHAGE Clerk
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BOARD OF COUNTY COMMISSIONERS
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Mayor/Chairperson
jordiiiklsewage
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