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Item P6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 19,2000 Division: County Attorney AGENDA ITEM WORDING: Approval to advertise an ordinance establishing a municipal service benefit unit for Key Largo, excluding Ocean Reef, plus Cross Key for the purpose of levying non-ad valorem assessments for central sewage service. ITEM BACKGROUND: The County is in the process of evaluating proposals for design/build/operate central sewage treatment facilities. PREVIOUS RELEVANT BOCC ACTION: Authorized the advertising for. and evaluation o~ the proposals just described. STAFF RECOMMENDATION: Approval to advertise for public hearing. TOTAL COST: Unknown. BUDGETED: Yes_ No_ Cost to County: APPROVED BY: County Attorney X OMB/Purchasing DIVISION DIRECTORO~ DOCUMENTATION: Inclu ed L Risk Management To Follow Not required 8''' AGENDA ITEM # Commissioner Nora Williams ORDINANCE NO. 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 central sewage system constitutes a valid public purpose and municipal service for which a municipal service benefit unit may be created under Secs. 125.01 (1 )(q) and (r), F.S. Section 2. Pursuant to the provisions of Secs. 125.01(1)(q) and (r), F.S., there is hereby established the Key Largo Area Central Sewage Municipal Service Benefit Unit (MSBU) for the purpose of providing central sewage infrastructure. The MSBU is comprised of the following areas: a) Key Largo excluding Ocean Reef; and b) Cross Key. Section 3. 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 2 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 3 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 4 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. 1 97.3632(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 5 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 day of February, 2000. Mayor Shirley Freeman Commissioner Wilhelmina Harvey Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson jordiiiklsewage 6