Item U4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/18/09 - KL
Bulk Item: Y es ~ No
Department: County Attorney
Staff Contact Person: Suzanne Hutton. #3470
AGENDA ITEM WORDING:
Approval to advertise a public hearing to consider adoption of an ordinance to extend the MSTU's for
which we have not taxed four (4) years, except Stock Island and Big Coppitt.
ITEM BACKGROUND:
The County, through a number of ordinances, created MSTU's (Municipal Service Taxing Units) for
the assessment of ad valorem taxes to provide a portion of the funding needed for planning and design
of wastewater treatment and collection systems in the unincorporated areas of Monroe County, most of
which expire 9/30/2010. The monetary cap on ad valorem taxes imposed by the State, delayed
timelines, and other logistical, technological and funding issues, has resulted in no levy of tax in some
MSTU's for some, ifnot all, of the fiscal years for which the MSTU's were created to generate revenue
for planning, design and general administration of wastewater projects. This ordinance extends the
expiration dates of those MSTU's for which we have not taxed four (4) years, specifically Big Pine Key,
Conch Key, Duck Key, Long Key-Layto~ and Surnmerland/Cudjoe-Sugarloaf (excluding Stock Island
and Big Coppitt) to allow the County to levy taxes for a total of four (4) years in these specific areas,
including the years in which taxes were levied,
PREVIOUS RELEVANT BOCC ACTION:
In 2009, the Monroe County Code was recodified, moving the MSTU"s which could still be taxed and
not exceed a total of four (4) years of MSTU tax, and for which no further plans for construction,
expansion or upgrade exist, to Chapter 22, Article VI, MCC.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval to advertise and hold a public hearing on 12/16/09 @ 3:00 pm. in Marathon, Florida
TOTAL COST:
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes ~ No AMOUNT PER MONTH Year
APPROVED BY: County Atty!1r OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
Revised 7/09
AGENDA ITEM #
ORDINANCE NO.
- 2009
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, CONCH KEY, DUCK KEY, LONG KEY,
AND SUMMERLAND/CUDJOE-SUGARLOAF MUNICIPAL
SERVICE TAXING UNITS; 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, most of the municipal service taxing units expire on September 30, 2010;
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 may become necessary to levy ad valorem taxes in the unincorporated
areas to complete those aspects of the projects which may be funded by taxes; 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 ofthe public, to levy taxes for
the areas specified for a total of four years in each area, including the years in which taxes were
already levied; and
WHEREAS, the Monroe County Code was recodified in 2009, moving to Chapter 22,
Article VI, MCC, the MSTU's which could still be taxed and not exceed a total of four years of
MSTU tax, and for which no further plans exist for construction, expansion, or upgrade; now
therefore
Page 1 of5
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--SugarloafMunicipal Senrice Taxing Unit created.
(a) Pursuant to the provisions ofF,S. ~ 125.01 (1)(q), there is hereby created a municipal service
taxing unit to be known as the SurnmerlandlCudjoe--Sugarloaf Municipal Service Taxing Unit.
The SummerlandlCudjoe--Sugarloaf Municipal Service Taxing Unit shall encompass that
portion of the unincorporated area bounded on the west by the Harris Channel "Meander" and on
the east by Niles Channel.
(b) The board is hereby authorized, in the manner and under the authority provided by F.S. 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 SummerlandlCudjoe--SugarloafMunicipal 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 consccuth<e fiscal years and the SummerlandlCudjoe--Sugarloaf Municipal
Service Taxing Unit shall terminate on September 30, 2010 December 31. 2013. and taxes for
calendar year 2013 may be collected in 2014.
( c) Revenue derived from ad valorem taxes levied in the Surnmerland/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--SugarloafMunicipal Service
Taxing Unit for the county fiscal year beginning October 1,2005, and each fiscal year thereafter,
at the same time and in th~ 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 Senrice Taxing Unit created.
(a) Pursuant to the provisions ofF.S. S 125.01(l)(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 less No Name
Key.
(b) The board is hereby authorized, in the manner and under the authority provided by F.S. 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 consecuthe fiscal years and the Big Pine Municipal Service Taxing Unit shall
terminate on September 30, 2010 December 31. 2014. and taxes for calendar year 2014 may be
collected in 2015.
(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.
Page 2 of5
SECTION 3. Section 22-124, Momoe County Code, shall be amended to read:
Sec. 22-124. Duck Key Municipal Service Taxing Unit created.
(a) Pursuant to the provisions ofF.S. S 125.01(1)(q), 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, 1, on the west by Tom's Harbor Channel, on the south by Hawkts _.
Channel, and on the East by Tom's Harbor Cut, an area commonly known as "Duck Key,n
including islands known as Center Island, Harbor Island, Plantation Island, and Yacht Club
Island, but excluding Indies Island and parcell ofRE# 00378380.
(b) The board of county commissioners is hereby authorized, in the manner and under the
authority provided by F.S. S125.01(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 Duck Key Municipal
Service Taxing Unit, commencing with the county fiscal year beginning October I, 2005. The
imposition of ad valorem taxes, as authorized herein, shall
cease after a levy oftaxes under this provision for a total of four conseeuth'e fiscal years, and the
Duck Key Municipal Service Taxing Unit shall terminate on September 30, 2010 December 31.
2012. and taxes for calendar year 2012 may be collected in 2013,
(c) Revenue derived from ad valorem taxes levied in the Duck Key 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
Duck Key Municipal Service Taxing Unit. The board of county commissioners shall adopt a
budget for the Duck Key Municipal Service Taxing Unit for the county fiscal year beginning
October I, 2005, and each fiscal year thereafter, at the same time and in the same manner as the
county budget.
SECTION 4. Section 22-125, Monroe County Code, shall be amended to read:
Sec. 22-125. Long Key-Layton Municipal Service Taxing Unit created.
(a) Pursuant to the provisions ofF.S. S 125,0I(l)(q), there is hereby created a municipal service
taxing unit to be known as the Long Key-Layton Municipal Service Taxing Unit. The Long Key-
Layton Municipal Service Taxing Unit shall encompass that portion of the unincorporated area
of the county bounded on the west by Long Key Channel, on the east by Channel Five, on the
south by the Atlantic Ocean, and on the north by the Gulf of Mexico (between mile markers 65
and 71), less and except all property within the corporate limits of the City of Layton.
(b) The board of county commissioners is hereby authorized, in the manner and under the
authority provided by F.S, 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 Long Key-Layton
Municipal Service Taxing Unit, commencing with the county fiscal year beginning October I,
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 consecutiy-e fiscal years, and the Long Key-Layton
Municipal Service Taxing Unit shall terminate on September 30, 2010 December 31. 2013. and
taxes for calendar year 2013 may be collected in 2014.
(c) Revenue derived from ad valorem taxes levied in the Long Key-Layton 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 Long Key-Layton Municipal Service Taxing Unit. The board of county
commissioners shall adopt a budget for the Long Key-Layton 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.
Page 3 of5
SECTION 5. Section 22-126, Monroe County Code, shall be amended to read:
Sec. 22-126. Conch Key Municipal Service Taxing Unit created.
(a) Pursuant to the provisions ofF.S. ~ 125.01(l)(q), there is hereby created a municipal service_.
taxing unit to be known as the Conch Key Municipal Service Taxing Unit. The Conch Key
Municipal Service Taxing Unit shall encompass that portion of the unincorporated area bounded
on the west by Tomts Harbor Cut and on the east by Long Key Channel.
(b) The board of county commissioners is hereby authorized, in the manner and under the
authority provided by F.S. ~ 125.01(l)(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 Conch Key
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 consecutive fiscal years, and the Conch Key Municipal
Service Taxing Unit shall terminate on September 30, 2010 December 31. 2011. and taxes for
calendar year 2011 may be collected in 2012.
(c) Revenue derived from ad valorem taxes levied in the Conch Key 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
Conch Key Municipal Service Taxing Unit. The board of county commissioners shall adopt a
budget for the Conch Key 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 6. 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 7. 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 8. 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 40f5
SECTION 9. 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
2009.
MayorGeorge Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Heather Carruthers
Commissioner Mario DiGennaro
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
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ARTICLE VI. OTHER MUNICIPAL SERVICE TAXING UNITS
Page 1 of3
ARTICLE VI. OTHER MUNICIPAL SERVICE TAXING UNITS
Sec. 22~121. Stock Island Municipal Service Taxing Unit created.
(a) Pursuant to the provisions of F.S. 9 125.01(1)(q), there is hereby created a Municipal Service Taxing
Unit to be known as the Stock Island Municipal Service Taxing Unit. The Stock Island Municipal Service
Taxing Unit shall encompass all of Stock Island located south of the centerline of U.S. 1 (State Road No.5)
and lying east of Cow Key Channel and west of Boca Chica Channel.
(b) The board of county commissioners is hereby authorized, in the manner and under the authority
provided by F.S. 9 125.01(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 Stock Island 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 four consecutive fiscal years, and the Stock Island Municipal Service
Taxing Unit shall terminate on September 30,2010.
(c) Revenue derived from ad valorem taxes levied in the Stock Island Municipal Service Taxing Unit shaH
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 Stock Island Municipal
Service Taxing Unit. The board of county commissioners shall adopt a budget for the Stock Island
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.
(Code 1979, 915.5-161; Ord. No. 038-2004,93; Ord. No. 010-2005, 9~)
Sec. 22-122. Summerland/Cudjoe~~Sugarloaf Municipal Service Taxing Unit created.
(a) Pursuant to the provisions of F .S. 9 125.01 (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 Harris Channel "Meander" and on the east by Niles
Channel.
(b) The board is hereby authorized, in the manner and under the authority provided by F.S. 9 125.01 (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 Municjpal 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 four consecutive fiscal years and the Summerland/Cudjoe--Sugarloaf Municipal
Service Taxing Unit shall terminate on September 30,2010.
(c) Revenue derived from ad valorem taxes levied in the Summerland/Cudjoe-Sugarloaf Municipal
Service Taxing Unit shaH 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.
(Ord. No. 038-2004, 94; Ord. No. 010-2005, 94; Ord. No. 025-2007,9 1)
Sec. 22-123. Big Pine Municipal Service Taxing Unit created.
(a) Pursuant to the provisions of F.S. 9 125.01(1)(q), there is hereby created a municipal service taxing
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ARTICLE VI. OTHER MUNICIPAL SERVICE TAXING UNITS
Page 2 of3
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 less No Name Key.
(b) The board is hereby authorized, in the manner and under the authority provided by F.S. 9 125.01(1)
(q), to levy and coHect 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 four consecutive fiscal years and the Big Pine Municipal Service Taxing Unit shall terminate on
September 30, 2010.
(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.
(Ord. No. 038-2004, 9 5; Ord. No. 010-2005,95; Ord. No. 025~2007, 92)
Sec. 22~124. Duck Key Municipal Service Taxing Unit created.
(a) Pursuant to the provisions of F.S. 9 125.01(1)(q), 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. 1, on the
west by Torn'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# 00378380.
(b) The board of county commissioners is hereby authorized, in the manner and under the authority
provided by F.S. 9125.01 (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 Duck Key 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 four consecutive fiscal years, and the Duck Key Municipal Service
Taxing Unit shall terminate on September 30,2010.
(c) Revenue derived from ad valorem taxes levied in the Duck Key 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 Duck Key Municipal Service
Taxing Unit. The board of county commissioners shall adopt a budget for the Duck Key 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.
(Code 1979, 915.5-191A; Ord. No. 010-2005, 96; Ord. No. 015-2005, S 1; Ord. No. 030-2006, 9 1)
Sec. 22-125. Long Key-Layton Municipal Service Taxing Unit created.
(a) Pursuant to the provisions of F.S. 9 125.01 (1)(q), there is hereby created a municipal service taxing
unit to be known as the Long Key-Layton Municipal Service Taxing Unit. The Long Key-Layton Municipal
Service Taxing Unit shall encompass that portion of the unincorporated area of the county bounded on the
west by Long Key Channel, on the east by Channel Five, on the south by the Atlantic Ocean, and on the
north by the Gulf of Mexico (between mile markers 65 and 71), less and except all property within the
corporate limits of the City of Layton.
(b) The board of county commissioners is hereby authorized, in the manner and under the authority
provided by F.S. 9 125.01(1)(q), to levy and collect ad valorem taxes at a millage rate not greater than 0.70
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ARTICEE VI. OTHER MUNICIPAL SERVICE TAXING UNITS
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mil upon taxable real and personal property within the Long Key-Layton 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 four consecutive fiscal years, and the Long Key-Layton Municipal
Service Taxing Unit shall terminate on September 30,2010.
(c) Revenue derived from ad valorem taxes levied in the Long Key-Layton 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 Long Key-Layton Municipal
Service Taxing Unit. The board of county commissioners shall adopt a budget for the Long Key-Layton
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.
(Code 1979, 9 15.5-201; Ord. No. 038-2004, 9 7)
Sec. 22-126. Conch Key Municipal Service Taxing Unit created.
(a) Pursuant to the provisions of F.S. 9 125.01(1)(q), there is hereby created a municipal service taxing
unit to be known as the Conch Key Municipal Service Taxing Unit. The Conch Key Municipal Service
Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by Tom's Harbor
Cut and on the east by Long Key Channel.
(b) The board of county commissioners is hereby authorized; in the manner and under the authority
provided by F.S. 9125.01(1)(q), to levy and collect ad valorem taxes ata millage rate not greater than 0.70
mil upon taxable real and personal property within the Conch Key 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 four consecutive fiscal years, and the Conch Key Municipal Service
Taxing Unit shall terminate on September 30,2010.
(c) Revenue derived from ad valorem taxes levied in the Conch Key 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 Conch Key Municipal Service
Taxing Unit. The board of county commissioners shall adopt a budget for the Conch Key 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.
(Code 1979, 9 15.5-191; Ord. No. 038~2004, 96; Ord. No. 010-2005,96)
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ARTICLE IV. BIG COPPITT MUNICIPAL SERVICE TAXING UNIT
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ARTICLE IV. BIG COPPITT MUNICIPAL SERVICE TAXING UNIT
Sec. 22~81. Authority and purpose.
(a) This article is enacted under the authority of Fla. Const. art. VIII, 9 1, and F.S. 9 125.01 and F.S. 9
125.66. The board of county commissioners has all powers of local self-government to perform county and
municipal functions and to render services in a manner not inconsistent with general law, and such power
may be exercised by the enactment of county ordinances and resolutions.
(b) The provisions of F.S. 9 125.01(1)(q) provide specific legislative authorization for counties to establish
a municipal service taxing unit for any part or all of the unincorporated areas within its boundaries, or within
the municipal boundaries of an incorporated area upon consent of the governing body of such municipality,
within which may be provided essential facilities and services.
(c) The purpose of this article is to create a municipal service taxing unit to fund the provision of municipal
services associated with the administration, planning and development of wastewater and reclaimed water
projects within the municipal selVice taxing unit as generally described in section 22-82. This article shall
be liberally construed to effect the purposes hereof.
(d) This article is adopted to fulfill the obligation of the board of county commissioners under an interlocal
agreement by and between the board of county commissioners and the Florida Keys Aqueduct Authority
(the "authority") to provide limited funding source for the reimbursement and provision of municipal services
relating to administration, planning and development of wastewater and reclaimed water projects (the
"interlocal agreement").
(Code 1979, 9 15.5-112; Ord. No. 038-2002, 9 2)
Sec. 22-82. Creation of municipal service taxing unit.
(a) Pursuant to the provisions of F.S. 9 125.01 (1)(q), there is hereby created a municipal selVice taxing
unit for that portion of the unincorporated areas of the county. Such municipal service taxing unit shall be
known as the Big Coppitt Municipal Service Taxing Unit. All matters concerning such municipal service
taxing unity shall be governed by the board.
(b) The boundaries of Big Coppitt Municipal Service Taxing Unit are the area generally bounded on the
west by Boca Chica Channel and on the east by Shark Channel, including Shark Key.
(c) From time to time, the board of county commissioners may, by resolution, take any action not
inconsistent with this article or any interlocal agreement to assist the authority in funding the administration,
planning and development of wastewater and reclaimed water projects within and benefiting the Big
Coppitt Municipal Service Taxing Unit.
(Code 1979, 915.5-113; Ord. No. 038-2002,93; Ord. No. 016-2003, 92; Ord. No. 026-2006, 9 1)
Sec. 22~83. Authorization of ad valorem taxes.
(a) The board of county commissioners is hereby authorized, in the manner and under the authority
provided by F.S. 9 125.01 (1)(q) and F.S. 9 125.01 (1)(r), to levy and collect additional ad valorem taxes at a
millage rate not to exceed 0.78 mil upon real and personal property within the Big Coppitt Municipal
SelVice Taxing Unit commencing with county fiscal year 2003-2004.
(b) The imposition of ad valorem taxes is authorized as long as the MSTU is in existence. The Big Coppitt
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ARTICLE; IV. BIG COPPITT MUNICIPAL SERVICE TAXING UNIT
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Municipal Service Taxing Unit shall terminate on December 31, 2010, and taxes for calendar year 2010
may be collected in 2011.
(Code 1979, 915.5-114; Ord. No. 038-2002,94; Ord. No. 026-2006,92)
Sec. 22-84. Use of revenue; implementation.
(a) Revenues derived from ad valorem taxes levied within the Big Coppitt Municipal Service Taxing Unit
pursuant to section 22-83 shall be used solely to pay for and provide funding for administration, planning
and development costs associated with and incurred in advancing of wastewater and reclaimed water
projects within and benefiting the Big Coppitt Municipal Service Taxing Unit.
(b) The board shall adopt a budget for the Big Coppitt Municipal Service Taxing Unit for the fiscal year
beginning October 1, 2003, and each year thereafter, at the same time and in the same manner as the
county budget. Such budget shall contain all or such portions of the costs incurred and planned in
conjunction with the funding of municipal services contracted to be provided by the authority under any
interlocal agreement.
(Code 1979, 9 15.5-115; Ord. No. 038-2002, 9 5)
Sees. 22-85--22-100. Reserved.
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11/2/2009