Item Q01BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
* PUBLIC HEARING 3:00 P.M.*
Meeting Date: August 16, 2006 - KL Division: County Attorney
Bulk Item: Yes No _ x Department: Coun Attorney
Staff Contact: Susan Grimsley
AGENDA ITEM WORDING:
A public hearing to consider an ordinance amending Section 15.5-191A, Monroe County Code in order
to correct a scrivener's error in the legal description of Duck Key Municipal Service Taxing Unit set
forth in Ordinance No. 15-2005.
ITEM BACKGROUND:
Emergency Ordinance No. 010-2005 was approved 5/18/05 redefining the boundaries of MSTU's for
Stock Island, Cudjoe Key, Sugarloaf Key, Big Pine Key, Conch Key and Duck Key but erroneously
included Parcel 1 of RE# 378380, which is the site of the Duck Key Wastewater Cooperative
Wastewater Treatment Plant. Ordinance No. 015-2005 was approved 7/20/05 to correct the inclusion
of Parcel 1 of RE# 378380 but was enacted and codified using the incorrect parcel # 37830. This
Ordinance will correct the scrivener's error to reflect the correct Parcel # of 378380,
PREVIOUS RELEVANT BOCC ACTION:
Emergency Ordinance No. 010-2005 approved May 18, 2005
Ordinance No. 015-2005 approved July 20, 2005.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A
COST TO COUNTY:
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty
DIVISION DIRECTOR APPROV
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
DOCUMENTATION: Included To Follow.
DISPOSITION•
Revised 2/27/01 .
Not Required,
AGENDA ITEM #
ORDINANCE NO. - 2006
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 15.5-191A,
MONROE COUNTY CODE, IN ORDER TO CORRECT A SCRIVENER'S
ERROR IN THE LEGAL DESCRIPTION OF DUCK KEY MUNICIPAL
SERVICE TAXING UNIT SET FORTH IN ORDINANCE NO. 15-2005;
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, Ordinance No. 10-2005 was approved May 18, 2005, as an
emergency ordinance to redefine the boundaries of municipal service taxing units
(MSTU's) for the purposes of assessing and collecting taxes to pay for
administration, planning and development costs associated with and incurred in
advancing wastewater and reclaimed water projects for the following units:
Stock Island, Cudjoe-Sugarloaf, Big Pine, Conch Key, and Duck Key; and
WHEREAS, the Duck Key MSTU as described in said ordinance
erroneously included parcel 1 of RE# 378380, which parcel is the site of the Duck
Key Wastewater Cooperative wastewater treatment plant; and
WHEREAS, Ordinance No. 015-2005 was passed in order to correct the
inclusion of parcel 1 of RE#378380, but was enacted and codified with an
incorrect parcel number;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1, Section 15.5-191A(a), Monroe County Code shall be amended to
read:
(a) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there
is hereby created a Municipal Service Taxing Unit to be known as the Duck Key
Municipal Service Taxing Unit. The Duck Key Municipal Service Taxing Unit shall
encompass that portion of the unincorporated County bounded on the north by
U.S. Highway 1, on the west by Tom's Harbor Channel, on the South by Hawk's
Channel, and on the East by Tom's Harbor Cut; an area commonly known as
`Duck Key, including islands known as Center Island, Harbor Island, Plantation
Island, and Yacht Club Island, but excluding Indies Island and Parcel 1 of RE
#378330 00378380.
Section 2. 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.
Revision Ordinance Duck Key MSTU #2
Section 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4. 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 5. 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 said 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
, 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Glenn Patton
District IV
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By,
Deputy Clerk
Revision Ordinance Duck Key MSTU #2
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By.
Mayor/Chairperson
MONROE COUNTY ATTORNEY
APPRC'1.1? CORM:
.� ' " LEY
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 16, 2006,
at 3:00 F.M., or as soon thereafter as it may be heard, at the Key Largo Library, Tradewinds
Shopping Center, 101485 Overseas Highway, Mile Marker 101, Key Largo, 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 SECTION 15.5-191A, MONROE
COUNTY CODE, IN ORDER TO CORRECT A SCRIVENEWS ERROR IN THE
LEGAL DESCRIPTION OF DUCK KEY MUNICIPAL SERVICE TAXING UNIT
SET FORTH IN ORDINANCE NO. 15-2005; 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.
Interested parties may appear at the meeting and be heard on this matter.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided 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.
Copies of the above -referenced ordinance are available for review at the various public libraries in
Monroe County, Florida.
Dated at Key West, Florida, this 25th day of July, 2006.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Publication Dates:
Reporter 7/28/06 — 8/4/06
Keynoter 7/29/06 - 8/5/06
KW Citizen 7/30/06 - 8/6/06