12/17/2003 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 17, 2003
TO:
Mayor Murray E. Nelson
District V
ATTN:
FROM:
Donna Hanson
Pamela G. Hanc~
Deputy Clerk U
At the December 17, 2003, Board of County Commissioner's Meeting, the Board granted
approval and authorized execution of an Interlocal Agreement between Monroe County and the
Key Largo Wastewater Treatment District (KLWTD) to perform the planning.and development
studies necessary as a condition precedent to the development of central wastewater collection
and treatment infrastructure and to develop the infrastructure needed to serve the property
owners within the MSTU.
Pursuant to your conversation with Isabel DeSantis, please have the Mayor sign the four
attached duplicate originals. After he has signed these documents, please contact KL WTD to sign
each of the documents. The KL WTD will need to maintain one of the duplicate originals and
forward the remaining three back to you, so that you can forward them to our office for the
record.
Should you have any questions, please do not hesitate to contact this office.
cc: County Administrator w/o document
County Attorney w/o document
Finance w/o document
File /
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INTERLOCAL AGREEMENT
Key Largo Wastewater Treatment District
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 Key
Largo Wastewater Treatment District, an independent special district, (KLWTD).
WHEREAS, the Board of County Commissioners created the following municipal services
taxing unit (MSTU): The Key Largo Wastewater Treatment MSTU (Ordinance No. 018-2003) for the
purpose of funding the costs associated with the administration, planning and development of
wastewater and reclaimed water projects within the MSTU, the boundaries of which are identical to
the boundaries of the KLWTD;
WHEREAS, the KLWTD is authorized by Chap. 2002-337, Laws of Florida, to plan, design, and
develop wastewater treatment systems and KLWTD employs, or has under contract, individuals
professionally qualified to accomplish those tasks;
WHEREAS, the County desires that the KLWTD perform the planning and development studies
necessary as a condition precedent to the development of central wastewater collection and
treatment infrastructure and to develop the infrastructure needed to serve the property owners
within the MSTU;
WHEREAS, the KLWTD 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 MSTU created by Ordinance No. 018-2003. A
copy of the MSTU Ordinance is attached to and incorporated in this agreement as Exhibit A. In each
fiscal year during the term of this agreement the County's obligation to pay the KLWTD 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. The County also reserves the right to fund this
agreement from any legally available revenue source which is not ad valorem in an amount equal to
that which would be generated by the MSTU ad valorem levy.
2. a) The ad valorem tax revenue collected by the MSTU 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 KLWTD
MSTU, without regard to whether the costs were incurred by the KLWTD before or after the effective
date of Ordinance No. 018-2003 (May 20, 2003).
b) All funds transferred by the County to the KLWTD under this agreement may
only be spent for the purposes described in subparagraph 2(a) of this agreement. Upon the
effective date of this agreement, the County shall pay to the KLWTD 20 % of the amount of ad
valorem tax revenue estimated by the Clerk of the Circuit Court (Clerk) to be collected by the MSTU
in fiscal year 2003-2004. Thereafter, during the course of the fiscal year the KLWTD may request
additional payments of 20% upon submission of documentation of previous expenditures equaling
20% of the total amount of ad valorem revenue collected until the total amount of ad valorem tax
revenue collected by the MSTU for the fiscal year is exhausted. For the purposes of this agreement
the phrase "total amount of ad valorem revenue collected" excludes those amounts paid to the
Property Appraiser, Tax Collector and Clerk for their services in collecting and dispensing the MSTU
ad valorem tax revenue. The disbursement process just described shall also be utilized in the
subsequent fiscal years of this agreement.
For funds forwarded or transferred to the KLWTD under this agreement, the KLWTD must
establish fiscal control and fund accounting procedures that comply with generally accepted
government accounting principles, satisfactory to the Clerk, in order to assure that the MSTU funds
transferred to the KLWTD are spent for the purposes set forth in this agreement. All KLWTD
financial records pertaining to this agreement must be made available, upon request, to the Clerk,
an auditor employed by the County or the State of Florida. Any funds transferred by the MSTU to
the KLWTD under this agreement that are determined by the Clerk, 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 paid back to the County with interest calculated pursuant to Sec. 55.03(1), F.S.,
from the date the auditor determines the funds were expended for a purpose not authorized by this
agreement. The KLWTD agrees to provide the Clerk with quarterly status reports concerning the
expenditure of MSTU funds in sufficient detail to demonstrate compliance with the provisions of this
agreement.
c) Written notices required by this Agreement shall be sent by certified mail or a
national courier service (e.g. Federal Express) to:
For the County
George Garrett, Director
Marine Resources
Marathon Government Center
2798 Overseas Highway
Marathon, FL 33050
For the KLWTD
David Miles, Director
Key Largo Wastewater Treatment District
Attn: Finance Department
614 North Wymore Road
Winter Park, FL 32789-2862
3. This agreement will terminate at the end of fiscal year 2007-2008.
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 17th day of
Dec~nib~r
2003.
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ATTEST: DANNY L. KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Attest:
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Ordinance Creating Key Largo Wastewater Treatment District MSTU
MONROE COUNTY, FLORIDA
ORDINANCE NO. 018 - 2003
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
CREATING THE KEY LARGO WASTEWATER
TREATMENT DISTRlcr MUNICIPAL SERVICE
TAXING UNIT LOCATED :WITHIN THE
UNlNCORPOI,UTED 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 0.35 MIL;
AUTHORIZING THE USE OF, THE TAX REVENUE
FOR ENUMERATED PURPOSES; AND PROVIDING
AN EFFECI1VE 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 Key Largo
Wastewater Treatment District(KL WID) Municipal Service Taxing Unit (MSTU).
SECTION 2. AUTHORITY AND PURPOSE.
(A) This Ordinance is enacted under the authority of Article VIII, Section I,
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
Ordinance Creating Key Largo Wastewater Treatment District 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 request of the Key Largo
Wastewater Treatment District and in consideration of the Board's obligations under a
Transition Agreement by and between the Key Largo Wastewater Treatment District, the
Florida Keys Aqueduct Authority (the "Authority"), and the Board 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 "Transition Agreement").
SECTION 3. CREATION OF MUNICIPAL SERVICE TAXING UNIT.
(A) Pursuant to the provisions of section 125.01(lXq), Florida Statutes, there is
hereby created a municipal service taxing unit for that portion of the County within the
unincorporated of Key Largo under the jurisdiction of the KL WID. Such municipal
service taxing unit shall be known as the Key Largo Wastewater Treatment District
Municipal Service Taxing Unit. All matters concerning such municipal service taxing
unit shall be governed by the Board.
(B) The boundaries of the Key Largo Wastewater Treatment District Municipal
Service Taxing Unit (MSTU) shall embrace and include territory consisting of Key Largo
including all lands east of Tavernier Creek, including Tavernier, Key Largo and Cross
Key, with the exception of Ocean Reef.
(C) From time to time the Board may by resolution take any action not
inconsistent with this Ordinance or the Transition Agreement to assist the KL WTD in
funding the administration, planning and development of wastewater and reclaimed water
projects within and benefiting the Key Largo Wastewater Treatment District 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(l)(q) and (r), Florida Statutes, to levy and collect additional
ad valorem taxes at a millage rate not to exceed 0.35 mil upon real and personal property
within the Key Largo Wastewater Treatment District Municipal Service Taxing Unit
commencing with County fiscal year 2003-2004. The foregoing millage limitation shall
not be increased without the Key Largo Wastewater Treatment District first adopting a
resolution consenting thereto.
2
Ordinance Creating Key Largo Wastewater Treatment District MSTU
(B) The collection of ad valorem taxes as authorized herein shall cease after four
(4) consecutive fiscal years and the Key Largo Wastewater Treatment District Municipal
Service Taxing Unit shall tenninate 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 Key Largo
Wastewater Treatment District 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 incurred in advancing of wastewater and
reclaimed water projects within and benefiting the Key Largo Wastewater Treatment
District Municipal Service Taxing Unit.
(B) The Board shall adopt a budget for the Key Largo Wastewater Treatment
District 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. SEVERABll..ITY. 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. CONFLICf 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 confonn to the uniform numbering system of the
code.
SECfION 9. EFFECTIVE DATE.
(A) The effectiveness of this Ordinance shall be subject to the Key Largo
Wastewater Treatment District adopting a resolution consenting to the inclusion of the
unincorporated areas of the Key Largo Wastewater Treatment District within the
boundaries of the Key Largo Wastewater Treatment District Municipal Service Taxing
Unit.
3
Ordinance Creating Key Largo Wastewater Treatment District MSTU
(B) After enactment by the Board, this Ordinance shall be filed with the
Department of State as provided in section 125.66(2), Florida Statutes, said filing to be
effective on or before June 30, 2003.
[Remainder of page intentionally left blank.]
4
Ordinance Creating Key Largo Wastewater Treatment District MSTU
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held on this 20th day of
May. 2003.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner David Rice
yes
YA'i
no
Y98
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
4J~ >n ~
Mayor/Chairperson
Danny Kolhage, Clerk
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Ordinance Creating Key Largo Wastewater Treatment District MSTU
EXHIBIT A
KEY LARGO WASTEWATER TREATMENT DISTRICT MUNICIPAL SERVICE
TAXING UNIT AREA
The Municipal Services Taxing Unit will include all areas within the boundaries of the Key
Largo Wastewater Treatment Di~trict inclusive as identified in the attached map graphic.
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Ordinance Creating Key Largo Wastewater Treatment District MSTU
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Key Largo Wastewater Treatment District
Tavernier
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Legend
o Key Largo
~ Boundary
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