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Item Q12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 16. 2007 - KL Bulk Item: Yes XX No Division: County Attorney Staff Contact Person: Suzanne A. Hutton AGENDA ITEM WORDING: Approval to advertise and hold a Public Hearing to consider adoption of an ordinance amending Chapter 15.5, Monroe County Code, and amending Ordinance No. 10-2005, reinstating Summerland Key in the legal description of the Summerland/CudjoelSugarloafMSTU; revising the legal description of the Summerland/CudjoelSugarloaf MSTU and removing Summerland Key from the legal description of the Big Pine MSTU. ITEM BACKGROUND: Ordinance 38-2004 created the Summerland/CudjoelUpper Sugarloaf MSTU for purposes of ad valorem taxation to provide funding for costs of providing wastewater/sewerage services for that area of the Lower Keys. Ordinance No. 10-2005 removed Summerland Key from the Summerland/CudjoelUpper Sugarloaf MSTU and added Summerland Key to the Big Pine MSTU. It has been determined that the original placement of Summerland Key was correct and the revisions regarding Summerland Key in Ordinance No. 10-2005 need to be reversed. PREVIOUS RELEVANT BOCC ACTION: 12/15/2004 BOCC approved Ordinance 38-2004 5/18/2005 BOCC approved Ordinance 10-2005 12/20/2006 BOCC approved Resolution No. 635-2006 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNTPERMONTB_ Year APPROVED BY: County Atty ---X- OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised 2/05 AGENDA ITEM # ORDINANCE NO. - 2007 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING CHAPTER 15.5, MONROE COUNTY CODE; PROVIDING FOR AMENDMENTS TO ORDINANCE NO. 10- 2005; PROVIDING FOR REINSTATEMENT OF SUMMERLAND KEY IN THE LEGAL DESCRIPTION OF THE SUMMERLAND/ CUDJOE/SUGARLOAF MSTU; PROVIDING FOR REVISION OF THE LEGAL DESCRIPTION OF THE SUMMERLAND/ CUDJOE/SUGARLOAF MSTU;PROVIDING FOR REMOVAL OF SUMMERLAND KEY FROM THE LEGAL DESCRIPTION OF THE BIG PINE MSTU 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. 38-2004 created the SummerlandlCudjoelUpper Sugarloaf Municipal Service Taxing Unit for purposes of ad valorem taxation to provide funding for a wastewater/sewerage system for that area of the Lower Keys; and WHEREAS, Ordinance No. 10-2005 removed Summerland Key from the Summerland/CudjoelUpper Sugarloaf Municipal Service Taxing Unit and added Summerland Key to the Big Pine Municipal Service Taxing Unit; and WHEREAS, it has been determined that the original placement of Summerland Key was correct and the revisions regarding Summerland Key in Ordinance No. 10-2005 need to be reversed; now therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FWRIDA: Section 1. Article XI, Chapter 15.5, Monroe County Code shall be revised to read: ARTICLE XI. SUMMERLAND/CUDJOE/SUGARLOAF MUNICIPAL SERVICE TAXING UNIT* Sec. 15.5-171. Created. (a) Pursuant to the provisions of section 125.0l(1)(q), Florida Statutes, 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 Shafk: the Harris Key Channel "Meander" and on the east by Kemp Niles Channel, less the area encompassed in the Baypoint MSTU as deseribed in Ordinanoo 037 2002. Reverse Ord. 10-2005 Re Summerland Key 1 (b) The Board is hereby authorized, in the manner and under the authority provided by section 125.0l(1)(q), Florida Statutes, 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 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 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. Article XII, Chapter 15.5, Monroe County Code shall be revised to read: ARTICLE XII. BIG PINE MUNICIPAL SERVICE TAXING UNIT* Sec. 15.5-181. 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 Kemp 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. ~ 125.0l(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 four (4) 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. Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. 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, Reverse Ord. 10-2005 Re Summerland Key 2 and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 6. 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 _th day of _,2007. Mayor Mario DiGennaro Mayor Pro Tem Dixie M.Spehar Commissioner Charles "Sonny" McCoy Commissioner Sylvia Murphy Commissioner George Neugent (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson Date Reverse Ord. 10-2005 Re Summerland Key 3 ORDINANCE NO. 0 ll}- 2005 AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING CHAPTER 15.5, MONROE COUNTY CODE, IN ORDER TO PROVIDE REVISED LEGAL DESCRIPTIONS OF MUNICIPAL SERVICE TAXING UNITS SET FORTH IN ORDINANCE NO. 038-2004 FOR STOCK ISLAND, SUMMERLAND/CUDJOE/UPPERSUGARLOAF, BIG PINE, AND CONCH KEY/DUCK KEY; PROVIDING FOR SEVERABIUTYi PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORAnON INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: section 1. LEGISLATIVE FINDINGS. It is hereby ascertained, determined and declared that: (A) Monroe County, pursuant to its authority under Section 125.01(1)(q), Florida Statutes, did enact Ordinance No. 038-2004 to establish municipal selVice 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, Summerland/Cudjoe/Upper Sugarloaf, Big Pine, Conch Key/Duck Key, and Long Key/Layton. (B) The legal descriptions of those taxing units or districts, except the Long Key/Layton MSTU, contained errors and cannot be used for purposes of assessing the affected properties in a fair and equitable manner. (C) The Property Appraiser of Monroe County has advised that in order to place the taxes authorized by the existing provisions of the Monroe County Code on the tax bill, it is necessary to immediately revise the legal descriptions of the MSTU's. (D) The purpose of this Ordinance is to revise the legal descriptions erroneously set forth in Ordinance No. 038-2004. (E) The time period between the determination of the inaccuracy of the legal descriptions and the ascertainment of corrected legal descriptions was not sufficient to prepare an ordinance revising the legal descriptions of the MSTU's for presentation to the Board, so that the Board could approve placing the advertisement required to enact the ordinance under the regular enactment procedure set forth in section 125.66, Florida Statutes. (F) The Conch Key and Duck Key MSTU's should be separated into two separate units, one for Conch Key and one for Duck Key in order to fadlitate the Property Appraiser's mapping responsibilities. Section 2. DECLARAnON OF EMERGENCY. (A) Based upon the legislative findings set forth in Section 1 here, a four-fifths vote of the Board hereby waives the notice requirements of section 125.66(2), Florida Statutes, finding that an emergency exists requiring the immediate adoption of this ordinance. (B) Subsequent to the adoption of this emergency ordinance, the Board shall advertise, adopt, and ratify this emergency ordinance pursuant to section 125.66, Florida Statutes. Section 3. Section 15.5-161(a), Monroe County Code, shall be revised to read: Sec. 15.5-161. 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 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 US Highway No. 1 (State Road No.5), and lying east of Cow Key Channel and west of Boca Chica Channel. Section 4. Article XI, Chapter 15.5, Monroe County Code shall be revised to read: ARTICLE XI. CUDJOE - SUGARLOAF MUNICIPAL SERVICE TAXING UNIT Sec. 15.5-171. Created. (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 Cudjoe- Sugarloaf Municipal Service Taxing Unit. The Cudjoe - Sugarloaf Municipal Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by Shark Key Channel and on the east by Kemp Channel, less the area encompassed in the Baypoint MSTU as described in Ordinance 037- 2002. (b) The Board is hereby authorized, in the manner and under the authority provided by section 12S.01(1)(q), Florida Statutes, 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 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 four consecutive fiscal years and the Cudjoe - Sugarloaf Municipal Service Taxing Unit shall terminate on September 30, 2010. (c) Revenue derived from ad valorem taxes levied in the 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 redaimed water projects within and benefiting the Cudjoe - Sugarloaf Municipal Service Taxing Unit. The Board shall adopt a budget for the 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 5. Sec. 15.5-181 (a), Monroe County Code is hereby amended to read as follows: Sec. 15.5-181. Created. 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 Kemp Channel and on the east by the west end of the Seven Mile Bridge less No Name Key. Section 6. ARTICLE XIII, Monroe County Code is hereby amended to read as follows: Sec. 15.5-191. CONCH KEY MUNICIPAL SERVICE TAXING UNIT Created. (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 Conch Key Municipal Service Taxing Unit. The Conch Key Munidpal 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 is hereby authorized, in the manner and under the authority provided by section 125.01(1)(q), FlOrida Statutes, 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 Munidpal 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. (e) 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 advandng wastewater and reclaimed water projects within and benefiting the Conch Key Municipal Service Taxing Unit. The Board 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. Sec. 15.5-191A. DUCK KEY MUNICIPAL SERVICE TAXING UNIT Created. (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 Keyn, including islands known as Center Island, Harbor Island, Plantation Island, and Yacht Club Island, but excluding Indies Island. (b) The Board is hereby authorized, in the manner and under the authority provided by section 125.01(1)(q), Florida Statutes, 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 Munidpal Service Taxing Unit, commenting 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 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. Section 7. 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 8. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 9. 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 10. 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 18th day of May, 2005. Mayor Dixie M. Spehar Mayor Pro Tem Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner George Neugent "~C'Ol..T' ."Commissioner David Rice - '" !It /~Ii~ ~J..;. "I' ..)' ~ q% ~ % Yes Yes Yes ~ Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA fdj; >n Lise ~f.,J M yo 1Chalrperson By MONROE COUNT'! ATTORN~Y APPROVED AS T . ~ ::> 0 ;;.n ..r_ X ::::r . ;-', - ::On~.: c::: i':j ~r-""" :z: '!::. ~-:. , -,;, ("') . r- W 0 0('")' ;;; c;o:;:O'; ~ :;u %. 0 .....("')r rr1 :<~::I: 9 C") ...,' )> C) r- ~ r :;7.J ~ M ~ ....... ORDINANCE NO. 038 - 2004 AN EMERGENCY ORDINANCE CREATING THE STOCK ISLAND MUNICIPAL SERVICE TAXING UNIT, THE SUMMERLAND - CUDJOE - UPPER SUGARLOAF MUNICIPAL SERVICE TAXING UNIT, THE BIG PINE KEY - DUCK KEY MUNICIPAL SERVICE TAXING UNIT, AND THE LONG KEY - LAYTON MUNICIPAL SERVICE TAXING UNIT; PROVIDING LEGISLATIVE FINDINGS; DECLARING AN EMERGENCY; DESCRIBING THE BOUNDARIES OF EACH TAXING UNIT; AUTHORIZING THE LEVY OF AD VALOREM TAXES AT RATES NOT GREATER THAN 0.70 MIL WITHIN EACH TAXING UNIT; AUTHORIZING THE USE OF SUCH AD VALOREM TAX REVENUE FOR SPECIFIC ENUMERATED PURPOSES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: section 1. LEGISLATIVE FINDINGS. It is hereby ascertained, determined and declared that: (A) Pursuant to Article VIII, section 1 of the Florida Constitution, and sections 125.01 and 125.66, Florida Statutes, the Board of County Commissioners (the "Board") of Monroe County, Rorida (the "County"). 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) Section 125.01(1)(Q), Florida Statutes, provides 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 ordinance is to create the Stock Island Municipal Service Taxing Unit, the Summerland - Cudjoe - Upper Sugartoaf Municipal Service Taxing Unit, the Big Pine Municipal Service Taxing Unit, the Conch Key - Duck Key Municipal service Taxing Unit and the Long Key - Layton Municipal Service Taxing Unit (collectively, the "MSTUs") to provide a limited funding source for expenses, including reimbursement of expenditures made by the Rorida Keys Aqueduct Authority, Inc. (the "Authority"), relating to the administration, planning and development of wastewater and reclaimed water projects. (D) The Florida Keys are deSignated as an "Area of Critical State Concern" pursuant to the FlOrida Keys Area Protection Act. (E) The intent of the Florida Keys Area Protection Act, as set forth in section 380.0552, Florida Statutes, is to establish an effective land and water use management system that protects the natural environment and requires the provision of adequate public facilities, including wastewater and reclaimed water facilities. (F) Section 380.0552, Florida Statutes, requires the County to adopt Comprehensive Plans and Land Development Regulations that comply with the Principles for Guiding Development which reQuire the protection of water quality, upland and marine resources, endangered and threatened species, community character, and public safety. (G) The foregoing principles are embodied in the Monroe County Year 2010 Comprehensive Plan. (H) The Board has previously approved the Monroe County Sanitary wastewater Master Plan (the "Wastewater Master Plan"), which implements the Year 2010 Comprehensive Plan and requires creation of the MSTUs to provide funds for the planning and development of wastewater and reclaimed water projects. (I) If the MSTUs are not created prior to January 1, 2005, section 200.066, Florida Statutes, will prohibit the imposition of ad valorem taxes prior to the County fiscal year beginning October 1, 2006. (J) On August 4, 2004, Florida Keys Citizens Coalition, Inc. and Last Stand, Inc. petitioned for a formal administrative hearing (the "Rule Challenge"') seeking to invalidate an Administrative Rule proposed by the FlOrida Administrative Commission concerning Land Planning Regulations for the Rorida Keys Area of Critical State Concern - Monroe County, Rules 28-20, Fla. Admin. Code (Monroe County). (K) The Board anticipated that the Rule Challenge would be resolved in time to create the MSTUs after the Rule Challenge was completed; however, hurricane activity in the Florida Keys and the locales in which counsel for the various parties reside has delayed resolution of the Rule Challenge. (l) Following a case status hearing for the Rule Challenge on November 15, 2004, it became apparent that the matter would not be resolved during the period anticipated by the County. (M) The time period between the Rule Challenge case status hearing and the Board's final meeting prior to January 1, 2005 was not sufficient to prepare an ordinance creating the MSTUs for presentation to the Board, so that the Board could approve placing the advertisement required to enact the ordinance under the regular enactment procedure set forth in section 125.66, Florida Statutes. Section 2. DECLARAnON OF EMERGENCY. (A) Based upon the legislative findings set forth in Section 1 here, a four-fifths vote of the Board hereby waives the notice requirements of section 125.66(2), Florida Statutes, finding that an emergency exists requiring the immediate adoption of this ordinance. (B) SUbsequent to the adoption of this emergency ordinance, the Board shall advertise, adopt, and ratify this emergency ordinance pursuant to section 125.66, Florida Statutes I Section 3. STOCK ISLAND. (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 Stock Island Municipal Service Taxing Unit. The Stock Island Municipal Service Taxing Unit shall encompass (1) that portion of the unincorporated area on Stock Island located in Section 35, Township 67 South, Range 25 East, lying south of US Highway No. 1 (State Road No.5) and (2) that portion of the unincorporated area on Stock ISland located in Section 26 and 35, Township 67 South, Range 25 East, bounded on the north, east and west by the centerline of Jr. College Road and on the south by the centerline of US Highway No. 1 (State Road No.5) (6) The Board is hereby authorized, in the manner and under the authority provided by section 125.01(1)(q), Florida Statutes, 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 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 Stock Island Municipal Service Taxing Unit. The Board 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. Section 4. SUMMERLAND - CUDJOE - UPPER 5UGARLOAF. (A) Pursuant to the provisions of section 12S.01(1)(q), Florida Statutes, there is hereby created a Municipal Service Taxing Unit to be known as the Summerland - Cudjoe - Upper Sugarloaf MuniCipal Service Taxing Unit. The Summertand - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by lower Sugarloaf Channel, on the east by Niles Channel, on the south by the Atlantic Ocean and on the north by the Gulf of Mexico (between Mile Markers 16 and 26), Monroe County, Florida. (6) The Board is hereby authorized, in the manner and under the authority provided by section 12s.01(1)(q), Florida Statutes, 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 - Upper 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 four consecutive fiscal years and the Summertand - Cudjoe - Upper Sugartoaf Municipal Service Taxing Unit shall terminate on September 30 2010. ' (C) Revenue derived from ad valorem taxes levied in the Summerland - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit shall be used SOlely for the administration planning and development costs associated with and incurred in advancing wastewater and rel::laimed water projects within and benefiting the Summenand - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit. The Board shall adopt a budget for the Summerland - Cudjoe - Upper 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 5. BIG PINE (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 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 Nile Channel, on the east by west end of the Seven Mile Bridge, on the south by the Atlantic Ocean, and on the north by the Gulf of Mexico (between Mile Markers 26 and 40), Monroe County, Florida. (B) The Board is hereby authorized, in the manner and under the authority provided by section 125.01(1)(q), Florida Statutes, 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 four consecutive fiscal years and the Big Pine Munidpal 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. Section 6. CONCH KEY - DUCK KEY. (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 Conch Key - Duck Key Municipal Service Taxing Unit. The Conch Key - Duck Key Municipal Service Taxing Unit shall encompass that portion of the unincorporated area bounded on the west by Tom's Harbor Cut, on the east by Long Key Channel, on the south' by the Atlantic Ocean, and on the north by Florida Bay (between Mile Markers 62 and 63), Monroe County, Florida, less and except the Island known as Conch Key, and the area of Duck Key known as Hawk's Cay and served by the Duck Key Wastewater Cooperative. (B) The Board is hereby authorized, in the manner and under the authority provided by section 125.01(1)(q), Florida Statutes, 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 - Duck Key Municipal Service Taxing Unit, commendng 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 - Duck Key Municipal Service Taxing Unit shall terminate on September 30, 2010. (C) Revenue derived from ad valorem taxes levied in the Conch Key - Duck Key Municipal Service Taxing Unit shaH be used solely for the administration, planning and development costs associated with and incurred in advandng wastewater and reclaimed water projects within and benefiting the Conch Key - Duck Key Municipal Service Taxing Unit. The Board shall adopt a budget for the Conch Key - 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. Section 7. LONG KEY - LAYTON. (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 Long Key - Layton Municipal Service Taxing Unit. The Long Key - Layton Municipal Service Taxing Unit shall encompass that portion of the unincorporated area 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), Monroe County, Florida, less and except all property within the corporate limits of the City of Layton. (B) The Board is hereby authorized, In the manner and under the authority proVided by section 125.01(1)(q), Florida Statutes, 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, commendng 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. eC) 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 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. Section 8. SEVERABILITY. If any portion of this ordinance Is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. 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 9. CONFUCT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 10. INCLUSION IN 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 11. FlUNG WITH SECRETARY OF STATE. The Clerk to the Board is hereby authorized and directed to send a certified copy of this ordinance to the Department of State, by certified mail, prior to January 1, 2005. Section 12. EFFECTIVE DATE. This ordinance shall take effect when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by certified mail to the Department of State. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of December, 2004. Mayor Spehar Mayor Pro Tern McCoy ,,\ ~rnissioner Nelson ~ '. ~ioner Neugent . "v .c~i~iOner Rice I ~ J~.~~ ,.~~ ."y \. ,,' ,'"./ ., i. : \. ..l:' ,~_ \ '7' '\ "'\. ) , ,):. ',' : '; \;,if'''' "~ti.KOLHAGE, Clerk ~ ~ :teS yes ~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By M~~ L~~4u jordMSTU MONROE COUNTY ATTORNEY ~OFORM: JOHN R. COLLINS COUNTY ATTORNEY Oate_ 0 I' ~I.<' - . ( '. :J~ ~:~f.~ . ::J . c.} 7'~' . ( ._~. -, ." -...,. ........ .. '-. I ,'0 ;:: :-<~-~ ~ r.,) -,