11/19/2003 AgreementDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: I January 9, 2004
TO: Richard Collins
County Attorney
ATTN. • Jan Hotalen, Assistant
County Attorney's Office
FROM. Pamela G. Hance
Deputy Clerk
At the November 19, 2003, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of an Interlocal Agreement between Monroe County and the
Florida Keys Aqueduct for the planning and development studies for wastewater collection
infrastructure serving Marathon, Conch Key, Bay Point and Big Coppitt.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator w/o document
Finance
File ✓
INTERLOCAL AGREEMENT
FKAA
THIS INTERLOCAL AGREEMENT (Agreement) is entered into pursuant to Sec. 163.01,
FS, by and between Monroe County, a political subdivision of the State of Florida, (County),
and the Florida Keys Aqueduct Authority, Inc., an independent special district, (FKAA).
WHEREAS, the Board of County Commissioners created the following municipal
services taxing units (MSTU's):
The Marathon MSTU (Ordinance No. 035-2002)
The Conch Key MSTU (Ordinance No. 036-2002)
The Bay Point MSTU (Ordinance No. 037-2002)
The Big Coppitt MSTU (Ordinance No. 038-2002)
for the purpose of funding the costs associated with the administration, planning and
development of wastewater and reclaimed water projects within the respective MSTU's; and
WHEREAS, the FKAA is authorized by Chap. 76-441, Laws of Florida, to design,
construct, and operate, wastewater treatment systems and FKAA employs, or has under
contract, individuals professionally qualified to accomplish those tasks; and
WHEREAS, the County desires that the FKAA perform the planning and development
studies necessary as a condition precedent to the construction and operation of central
wastewater collection and treatment infrastructure serving the property owners within each
MSTU; and
WHEREAS, the FKAA is able and willing to undertake the tasks afore described; now,
therefore
IN CONSIDERATION of the mutual consideration and promises set forth below, the
parties agree as follows:
1. The parties agree that the revenue to fund this agreement consists of the
annual ad valorem tax levied on real estate within the following MSTU's
a) The Marathon MSTU (Ordinance No. 035-2002)
b) The Conch Key MSTU (Ordinance No. 036-2002)
c) The Bay Point MSTU (Ordinance No. 037-2002)
d) The Big Coppitt MSTU (Ordinance No. 038-2002)
A copy of each MSTU Ordinance is attached to and incorporated in this agreement as
collective Exhibit A. In each fiscal year during the term of this agreement the County's
obligation to pay the FKAA for services rendered under this agreement may not exceed the
total amount of revenue actually collected from the ad valorem tax levied within the
MSTU's listed above. However, the Board, at its sole discretion, and in lieu of an ad
valorem levy, may elect to provide funds to implement this agreement by appropriating
revenue from any lawfully available source in the amount that the ad valorem levy in MSTU
Ordinances No. 035 through No. 038-2002 would have generated. In that case, the
amount available to the FKAA for reimbursement may not exceed the amount appropriated
by the Board.
2. a) The FKAA shall plan and design wastewater collection and treatment
infrastructure for the improved and developable properties located within each MSTU. The
ad valorem tax revenue collected by each MSTU may only be spent for the planning and
design of wastewater collection and treatment infrastructure serving the improved and
developable properties located within that MSTU, and the administrative/legal costs
attributable thereto, without regard to whether those costs were incurred by the FKAA
before or after the effective date of Ordinances No. 035-2003 through 038-2003
(December 18, 2002). However, where best design requires that an item of infrastructure
(e.g., a treatment plant) is intended to serve properties within two or more MSTU's, then
and in that event funds from all the MSTU's served may be used in an approximate
percentage substantially equal the percent of service the properties in each MSTU will
receive from the item of infrastructure. The FKAA shall establish adequate accounting
controls to insure that ad valorem revenue collected by each MSTU, or funds appropriated
by the Board from another lawful source on behalf of property within each of the MSTU's is
spent on the design and planning of wastewater collection and treatment infrastructure,
and the administrative/legal costs related thereto, serving the improved and developable
properties within that MSTU only, except as provided herein for those items of
infrastructure serving multiple MSTU's.
b) For the services described in subparagraph 2(a) of this agreement, the
County shall pay the FKAA on a monthly reimbursement basis upon the submission to the
County Marine Resources Director (MRD) of an invoice stating the amount due, describing
the services performed, and stating the MSTU or MSTU's for which the services were
performed. The invoice must be in a form satisfactory to the MRD and Clerk of the Circuit
Court (Clerk). If the MRD approves the invoice he shall forward the same to the Clerk for
payment. If the MRD or the Clerk determine the submitted invoice is unacceptable, either
of them shall return it to the FKAA in writing with a written description of the
deficiency(ies). All FKAA financial records pertaining to this agreement must be made
available, upon request, to the Clerk and/or to an auditor employed by the County or the
State of Florida. The records must be retained by the FKAA for three years following the
receipt by the FKAA of its last payment pursuant to this agreement. Any funds transferred
by the County to the FKAA under this agreement that are determined by the Clerk or an
auditor employed by the County or employed by the State to have been spent on a purpose
not contemplated by this agreement must be reimbursed to the County with interest
calculated pursuant to Sec. 55.03(1), FS, from the date the Clerk or auditor determines the
funds were expended for a purpose not authorized by this agreement.
c) Notwithstanding any provision contained elsewhere in this agreement,
the FKAA acknowledges and agrees that funds for reimbursement in the initial fiscal year
(2003-2004) will not be available until January 5, 2004.
3. The term of this agreement is four fiscal years commencing on October 1,
2003 and ending September 30, 2007.
4. The parties agree that this written document represents their final mutual
agreement and replaces any prior agreements, understandings, or communications on the
subject matter of this agreement, whether written or oral.
5. This agreement will take effect on the date a copy executed by both parties is
filed with the Clerk of the Courts of Monroe County, Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of /�0 YAM .�1 , 2003.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DepIGty Clerk
(SEAL)
I
JiaFKAA9.29.3#3
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
FLORIDA KEYS AQUE U THORITY, INC.
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MONROE COUNTY ATTORNEY
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Ordinance Creating Marathon MSTU
MONROE COUNTY, FLORIDA
ORDINANCE NO. 035 - 2002
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
CREATING THE MARATHON MUNICIPAL SERVICE
TAXING UNIT LOCATED WITHIN MONROE
COUNTY, AND THE INCORPORATED AREA OF THE
CITY OF MARATHON, FLORIDA, TO PROVIDE
WASTEWATER AND RECLAIMED WATER
SERVICES AND FACILITIES; DEFINING THE
BOUNDARIES OF THE UNIT; AUTHORIZING THE
BOARD TO ANNUALLY LEVY AD VALOREM
TAXES WITHIN THE BOUNDARIES OF SUCH UNIT
NOT TO EXCEED 0.77 MIL; AUTHORIZING THE
USE OF THE TAX REVENUE FOR ENUMERATED
PURPOSES; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
SECTION 1. TITLE. This ordinance may be cited as the Marathon
Municipal Service Taxing Unit.
SECTION 2. AUTHORITY AND PURPOSE.
(A) This Ordinance is enacted under the authority of Article VIR, Section 1,
Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes. The Board of
County Commissioners (the "Board") of Monroe County, Florida, 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 a municipal service taxing unit to
fund the provision of municipal services associated with the administration, planning and
�-Xtfl�ii /3
Ordinance Creating Marathon MSTU
development of wastewater and reclaimed water projects within the municipal service
taxing unit as generally described in Section 3 of this Ordinance. This Ordinance shall be
liberally construed to effect the purposes hereof.
(D) This Ordinance is adopted to fulfill the obligation of the Board under an
Interlocal Agreement by and between the Board 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").
SECTION 3. CREATION OF MUNICIPAL SERVICE TAXING UNIT.
(A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there is
hereby created a municipal service taxing unit for that portion of the County within the
incorporated area of the City of Marathon. Such municipal service taxing unit shall be
known as the Marathon Municipal Service Taxing Unit. All matters concerning such
municipal service taxing unit shall be governed by the Board.
(B) The boundaries of the Marathon Municipal Service Taxing Unit are also
described in Exhibit A hereto and same are incorporated by reference.
(C) From time to time the Board may by resolution take any action not
inconsistent with this Ordinance or the Interlocal Agreement to assist the Authority in
funding the administration, planning and development of wastewater and reclaimed water
projects within and benefiting the Marathon Municipal Service Taxing Unit.
SECTION 4. AUTHORIZATION OF AD VALOREM TAXES.
(A) The Board is hereby authorized, in the manner and under the authority
provided by section 125.01(1)(q) and (r), Florida Statutes, to levy and collect additional
ad valorem taxes at a millage rate not to exceed 0.77 mil upon real and personal property
within the Marathon Municipal Service Taxing Unit commencing with County fiscal year
2003-2004. The foregoing millage limitation shall not be increased without the City
Council of the City of Marathon first adopting an ordinance consenting thereto.
(B) The collection of ad valorem taxes as authorized herein shall cease after four
(4) consecutive fiscal years and the Marathon Municipal Service Taxing Unit shall
terminate at the end of County fiscal year 2007-2008.
SECTION 5. USE OF REVENUE; IMPLEMENTATION.
(A) Revenues derived from ad valorem taxes levied within the Marathon
Municipal Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and
2
Ordinance Creating Marathon MSTU
Provide funding for administration, planning and development costs associated with and
incurred in advancing of wastewater and reclaimed water projects within and benefiting
the Marathon Municipal Service Taxing Unit.
(B) The Board shall adopt a budget for the Marathon 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.
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 a whole, or any part thereof, other than the part declared
to be invalid.
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.
SECTION 9. EFFECTIVE DATE.
(A) The effectiveness of this Ordinance shall be subject to the City Council of
the City of Marathon adopting an ordinance consenting to the inclusion of the
incorporated areas of the City of Marathon within the boundaries of the Marathon
Municipal Service Taxing Unit.
(B) This Ordinance shall be filed with the Department of State prior to January
1, 2003.
(C) After enactment by the Board, this Ordinance shall be filed with the
Department of State as provided in section 125.66(2), Florida Statutes.
[Remainder of page intentionally left blank.]
3
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held on this — 18 th
day of December 2002.
Mayor Dixie Spehar Te s
Mayor Pro Tem Murray Nelson yes
Commissioner "Sonny" McCoy yes
Commissioner George Nugent yes
Commissioner David P. Rice yes
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
Danny Kolhage, Clerk
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Dep-uly Clerl
Mayor/Chairperson
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Ordinance Creating Marathon MSTU
EXHIBIT A
MARATHON MUNICIPAL SERVICE TAXING UNIT AREA
All of the incorporated municipal limits of the City of Marathon, Florida. Extending from
the east end of the 7-Mile Bridge through Grassy Key and generally bounded on the west by
Knight Key Channel, on the east by Tom's Harbor Channel, on the north by Florida Bay,
and on the south by the Atlantic Ocean (approximate Mile Marker 47 to Mile Marker 60);
LESS AND EXCEPT, Little Venice Wastewater District Service Area which includes the
area described as bounded by US Highway 1 on the northwest and by the Atlantic Ocean on
the southeast from Vaca Cut to 95'h Street along the western side of the Marathon Airport
(for purposes of clarification, the Little Venice Wastewater District Service Area includes
the areas as described bounded by US Highway 1 on the northwest and by the Atlantic
Ocean on the southeast from Vaca Cut to the western boundary of Buttonwood Acres
Subdivision according to Plat Book 04, at Page 160, Public Records Monroe County,
Florida, and includes all parcels abutting 95t' Street); and also
LESS AND EXCEPT, beginning at the point of intersection of the north right-of-way line of
US Highway One with the southeast comer of the Marathon Airport, then commencing
northerly along the easterly border of the Marathon Airport to the intersection of the south
right-of-way line of 6te Avenue (Airport Boulevard), then commencing northerly to the
intersection of the north right-of-way line of 6'b Avenue (Airport Boulevard) and the
southwest comer of the plat of Stirrup Key Bight (as recorded in Plat Book 3, at Page 168 of
the Public Records of Monroe County, Florida), then continuing northerly along the west
line of the plat of Stirrup Key Bight to the shoreline of Florida Bay, then easterly following
the shoreline of Florida Bay to the intersection of the east right-of-way line of 1131h Street
(Margaret Avenue) to the intersection of I' Street (Chester Street), then westerly along 1"
Street (Chester Street) to the intersection of Key Colony Drive, then southerly along Key
Colony Drive to the intersection of the north right-of-way line of US Highway One, then
westerly along the north right-of-way line of US Highway One to the intersection of the
west right-of-way line of 107" Street (Industrial Avenue), then continuing westerly along
the north right-of-way lien of US Highway One a distance of approximately 60 feet to the
point of beginning herein described (sometimes referred to as the "Little Venice Expanded
Service Area").
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Ordinance Creating Conch Key MSTU
MONROE COUNTY, FLORIDA
ORDINANCE NO. 036 - 2002
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
CREATING THE CONCH KEY MUNICIPAL
SERVICE TAXING UNIT LOCATED WITHIN THE
UNINCORPORATED AREA OF MONROE COUNTY,
FLORIDA, TO PROVIDE WASTEWATER AND
RECLAIMED WATER SERVICES AND FACILITIES;
DEFINING THE BOUNDARIES OF THE UNIT;
AUTHORIZING THE BOARD TO ANNUALLY LEVY
AD VALOREM TAXES WITHIN THE BOUNDARIES
OF SUCH UNIT NOT TO EXCEED 0.70 MIL;
AUTHORIZING THE USE OF THE TAX REVENUE
FOR ENUMERATED PURPOSES; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
SECTION 1. TITLE. This ordinance may be cited as the Conch Key
Municipal Service Taxing Unit.
SECTION 2. AUTHORITY AND PURPOSE.
(A) This Ordinance is enacted under the authority of Article VIII, Section 1,
Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes. The Board of
County Commissioners (the 'Board") of Monroe County, Florida, 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(lXq), 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 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 service
Ordinance Creating Conch Key MSTU
taxing unit as generally described in Section 3 of this Ordinance. This Ordinance shall be
liberally construed to effect the purposes hereof.
(D) This Ordinance is adopted to fulfill the obligation of the Board under an
Interlocal Agreement by and between the Board 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").
SECTION 3. CREATION OF MUNICIPAL SERVICE TAXING UNIT.
(A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there is
hereby created a municipal service taxing unit for that portion of the unincorporated areas
of the County. Such municipal service taxing unit shall be known as the Conch Key
Municipal Service Taxing Unit. All matters concerning such municipal service taxing
unit shall be governed by the Board.
(B) The boundaries of Conch Key Municipal Service Taxing Unit are more
particularly described in Exhibit A hereto and same are incorporated by reference.
(C) From time to time the Board may by resolution take any action not
inconsistent with this Ordinance 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 Conch Key Municipal Service Taxing Unit.
SECTION 4. AUTHORIZATION OF AD VALOREM TAXES.
(A) The Board is hereby authorized, in the manner and under the authority
provided by section 125.01(1)(q) and (r), Florida Statutes, to levy and collect additional
ad valorem taxes at a millage rate not to exceed 0.70 mil upon real and personal property
within the Conch Key Municipal Service Taxing Unit commencing with County fiscal
year 2003-2004.
(B) The collection of ad valorem taxes as authorized herein shall cease after four
(4) consecutive fiscal years and the Conch Key Municipal Service Taxing Unit shall
terminate at the end of County fiscal year 2007-2008.
SECTION 5. USE OF REVENUE; IMPLEMENTATION.
(A) Revenues derived from ad valorem taxes levied within the Conch Key
Municipal Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and
provide funding for administration, planning and development costs associated with and
0�
Ordinance Creating Conch Key MSTU
incurred in advancing of wastewater and reclaimed water projects within and benefiting
the Conch Key Municipal Service Taxing Unit.
(B) The Board shall adopt a budget for the Conch Key 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.
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 a whole, or any part thereof, other than the part declared
to be invalid.
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.
SECTION 9. EFFECTIVE DATE.
2003. (A) This Ordinance shall be filed with the Department of State prior to January 1,
(B) After enactment by the Board, this Ordinance shall then take effect upon the filing
with the Department of State as provided in Section 125.66(2), Florida Statutes.
[Remainder of page intentionally left blank.]
3
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held on this -1 8 th
day of December 2002.
Danny Kolhage, Clerk
B•
Depury Clerk'
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson + es
Commissioner "Sonny" McCoy yes
Commissioner George Nugent yes
Commissioner David P. Rice yes
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
Mayor/Chairperson
APPROVED AS TO FORM
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Ordinance Creating Conch Key MSTU
EXHIBIT A
CONCH KEY MUNICIPAL SERVICE TAXING UNIT AREA
The area generally bounded on the west by Tom's Harbor Cut, on the east by the Long Key
Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean (between Mile
Markers 62 and 63), Monroe County, Florida, less and except the island known as Duck Key.
J:\BONDS\2002\4155.08 (MSTU)\Ordinances\Conch Key.doc
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Ordinance Creating Bay Point MSTU
MONROE COUNTY, FLORIDA
ORDINANCE NO. 037 - 2002
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
CREATING THE BAY POINT MUNICIPAL SERVICE
TAXING UNIT LOCATED WITHIN THE
UNINCORPORATED AREA OF MONROE COUNTY,
FLORIDA, TO PROVIDE WASTEWATER AND
RECLAIMED WATER SERVICES AND FACILITIES;
DEFINING THE BOUNDARIES OF THE UNIT;
AUTHORIZING THE BOARD TO ANNUALLY LEVY
AD VALOREM TAXES WITHIN THE BOUNDARIES
OF SUCH UNIT NOT TO EXCEED 0.70 MIL;
AUTHORIZING THE USE OF THE TAX REVENUE
FOR ENUMERATED PURPOSES; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
SECTION 1. TITLE. This ordinance may be cited as the Bay Point
Municipal Service Taxing Unit.
SECTION 2. AUTHORITY AND PURPOSE.
(A) This Ordinance is enacted under the authority of Article VHI, Section 1,
Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes. The Board of
County Commissioners (the "Board") of Monroe County, Florida, 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 Xq), 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 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 service
Ordinance Creating Bay Point MSTU
taxing unit as generally described in Section 3 of this Ordinance. This Ordinance shall be
liberally construed to effect the purposes hereof.
(D) This Ordinance is adopted to fulfill the obligation of the Board under an
Interlocal Agreement by and between the Board 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').
SECTION 3. CREATION OF MUNICIPAL SERVICE TAXING UNIT.
(A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there is
hereby created a municipal service taxing unit for that portion of the unincorporated areas
of the County. Such municipal service taxing unit shall be known as the Bay Point
Municipal Service Taxing Unit. All matters concerning such municipal service taxing
unit shall be governed by the Board.
(B) The boundaries of Bay Point Municipal Service Taxing Unit are more
particularly described in Exhibit A hereto and same are incorporated by reference.
(C) From time to time the Board may by resolution take any action not
inconsistent with this Ordinance 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 Bay Point Municipal Service Taxing Unit.
SECTION 4. AUTHORIZATION OF AD VALOREM TAXES.
(A) The Board is hereby authorized, in the manner and under the authority
provided by section 125.01(1)(q) and (r), Florida Statutes, to levy and collect additional
ad valorem taxes at a millage rate not to exceed 0.70 mil upon real and personal property
within the Bay Point Municipal Service Taxing Unit commencing with County fiscal year
2003-2004.
(B) The collection of ad valorem taxes as authorized herein shall cease after four
(4) consecutive fiscal years and the Bay Point Municipal Service Taxing Unit shall
terminate at the end of County fiscal year 2007-2008.
SECTION 5. USE OF REVENUE; IMPLEMENTATION.
(A) Revenues derived from ad valorem taxes levied within the Bay Point
Municipal Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and
provide funding for administration, planning and development costs associated with and
Ordinance Creating Bay Point MSTU
incurred in advancing of wastewater and reclaimed water projects within and benefiting
the Bay Point Municipal Service Taxing Unit.
(B) The Board shall adopt a budget for the Bay Point 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.
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 a whole, or any part thereof, other than the part declared
to be invalid.
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.
SECTION 9. EFFECTIVE DATE.
2003. (A) This Ordinance shall be filed with the Department of State prior to January 1,
(B) After enactment by the Board, this Ordinance shall then take effect upon the filing
with the Department of State as provided in Section 125.66(2), Florida Statutes.
[Remainder of page intentionally left blank.]
3
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held on this —18 th
day of December 2002.
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson ems
Commissioner "Sonny" McCoy yes
Commissioner George Nugent yes
Commissioner David P. Rice yes
Danny Kolhage, Clerk
W.RZ01- P/IA
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BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By.
Mayor/Chairperson
APPROVED AS TO FORM
ANJ/J�'. -•7JF'FIC NCY
BY
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Ordinance Creating Bay Point MSTU
EXHIBIT A
BAYPOINT MUNICIPAL SERVICE TAXING UNIT AREA
The area on the south (ocean) side of U.S. Highway One, generally bounded on the west by
Saddlebunch No. 3 Channel and on the east by Lower Sugarloaf Channel (approximate Mile
Marker 14.5 to Mile Marker 15), Monroe County, Florida.
JABONDS2002k1155.08 (MSTU)\o dinances\Bay Poiadoc
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Ordinance Creating Big Coppitt MSTU
MONROE COUNTY, FLORIDA
ORDINANCE NO. 038 - 2002
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
CREATING THE BIG COPPITT MUNICIPAL
SERVICE TAXING UNIT LOCATED WITHIN THE
UNINCORPORATED AREA OF MONROE COUNTY,
FLORIDA, TO PROVIDE WASTEWATER AND
RECLAIMED WATER SERVICES AND FACILITIES;
DEFINING THE BOUNDARIES OF THE UNIT;
AUTHORIZING THE BOARD TO ANNUALLY LEVY
AD VALOREM TAXES WITHIN THE BOUNDARIES
OF SUCH UNIT NOT TO EXCEED 0.70 MIL;
AUTHORIZING THE USE OF THE TAX REVENUE
FOR ENUMERATED PURPOSES; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
SECTION 1. TITLE. This ordinance may be cited as the Big Coppitt
Municipal Service Taxing Unit.
SECTION 2. AUTHORITY AND PURPOSE.
(A) This Ordinance is enacted under the authority of Article VIH, Section 1,
Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes. The Board of
County Commissioners (the "Board") of Monroe County, Florida, 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(lXq), 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 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 service
Ordinance Creating Big Coppitt MSTU
taxing unit as generally described in.Section 3 of this Ordinance. This Ordinance shall be
liberally construed to effect the purposes hereof.
(D) This Ordinance is adopted to fulfill the obligation of the Board under an
Interlocal Agreement by and between the Board 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").
SECTION 3. CREATION OF MUNICIPAL SERVICE TAXING UNIT.
(A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there is
hereby created a municipal service 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 more
Particularly described in Exhibit A hereto and same are incorporated by reference.
(C) From time to time the Board may by resolution take any action not
inconsistent with this Ordinance 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.
SECTION 4. AUTHORIZATION OF AD VALOREM TAXES.
(A) The Board is hereby authorized, in the manner and under the authority
provided by section 125.01(lxq) and (r), Florida Statutes, 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 Service Taxing Unit commencing with County fiscal
year 2003-2004.
(B) The collection of ad valorem taxes as authorized herein shall cease after four
(4) consecutive fiscal years and the Big Coppitt Municipal Service Taxing Unit shall
terminate at the end of County fiscal year 2007-2008.
SECTION 5. USE OF REVENUE; IMPLEMENTATION.
(A) Revenues derived from ad valorem taxes levied within the Big Coppitt
Municipal Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and
provide funding for administration, planning and development costs associated with and
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Ordinance Creating Big Coppitt MSTU
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.
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 a whole, or any part thereof, other than the part declared
to be invalid.
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.
SECTION 9. EFFECTIVE DATE.
(A) This Ordinance shall be filed with the Department of State prior to January
1, 2003.
(B) After enactment by the Board, this Ordinance shall then take effect upon
the filing with the Department of State as provided in Section 125.66(2), Florida Statutes.
[Remainder of page intentionally left blank.]
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PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held on this — 18th
day of December 2002.
Danny Kolhage, Clerk
Mayor Dixie Spehar Yes
Mayor Pro Tem Murray Nelson yes
Commissioner "Sonny" McCoy yes
Commissioner George Nugent yes
Commissioner David P. Rice ygg
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
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Mayor/Chairperson
APP O D AS TO FORM
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Ordinance Creating Big Coppitt MBTU
EXHIBIT A
BIG COPPIT MUNICIPAL SERVICE TAXING UNIT AREA
The area generally bounded on the west by Boca Chica Channel, on the east by Shark Channel,
on the north by Florida Bay, and on the south by the Atlantic Ocean (between Mile Markers 7
and 11), Monroe County, Florida.
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FLORIDA KEYS AQUEDUCT AUTHORITY
RESOLUTION # 04-03
A RESOLUTION OF THE FORIDA KEYS AQUEDUCT AUTHORITY
APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE FKAA
AND MONROE COUNTY BOCC FOR THE DISBURSEMENT OF FUNDS
COLLECTED BY MONROE COUNTY THROUGH MSTU's CREATED FOR THE
PURPOSE OF FUNDING DEFINED WASTEWATER PROJECTS AND DEFINING
THE FKAA RESPONSIBILITIES FOR THE PLANNING AND DEVELOPMENT
OF WASTEWATER COLLECTION AND TREATMENT INFRASTRUCTURE
SERVING THE PROPERTY OWNERS WITHIN EACH ESTABLISHED MSTU
AREA; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE
INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Florida Keys Aqueduct Authority was created by Special
Legislation, Chapter 76-441, Laws of Florida, as amended; and
WHEREAS, based on FKAA Enabling Legislation Amendment HB-4349, the
FKAA and Monroe County entered into a Memorandum of Understanding (MOU) which
established criteria for the development of wastewater systems in unincorporated Monroe
County; and
WHEREAS, said Act authorizes the FKAA to design, construct, and operate
wastewater treatment systems and the FKAA employs, or has under contract, individuals
professionally qualified to accomplish these tasks; and
WHEREAS, Monroe County Board of County Commissioners created the
following municipal services taxing units (MSTU's): The Marathon MSTU, the Conch
Key MSTU, the Bay Point MSTU, and the Big Coppitt MSTU, for the purpose of
funding the costs associated with the administration, planning and development of
wastewater and reclaimed water projects within the respective MSTU's; and
WHEREAS, Monroe County desires that the FKAA perform the planning and
development studies necessary as a condition precedent to the construction and operation of
central wastewater collection and treatment infrastructure serving the property owners within
each MSTU; and
WHEREAS, the FKAA is able and willing to undertake the tasks described.
NOW, THEREFORE, BE IT RESOLVED, that the Florida Keys Aqueduct Authority
Board of Directors, by motion duly made, seconded and approved, does hereby:
APPROVE AN INTER -LOCAL AGREEMENT BETWEEN THE FKAA
AND MONROE COUNTY BOCC FOR THE DISBURSEMENT OF FUNDS
COLLECTED BY MONROE COUNTY THROUGH MSTU's CREATED FOR THE
PURPOSE OF FUNDING DEFINED WASTEWATER PROJECTS AND DEFINING THE
FKAA RESPONSIBILITIES FOR THE PLANNING AND DEVELOPMENT
OF WASTEWATER COLLECTION AND TREATMENT INFRASTRUCTURE
SERVING THE PROPERTY OWNERS WITHIN EACH ESTABLISHED MSTU
AREA; AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE THE
INTERLOCAL AGREEMENT AND PROVIDE AN EFFECTIVE DATE
OF NOVEMBER 20, 2003
ADOPTED THIS 20th day of November, 2003.
Florida Keys Aqueduct Authority
By:
JohnT Koenig, Chairm
(CORPORATE SEAL)
ATTEST:
U
Harry E. ecretary/Treasurer