Ordinance 001-1987
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ORDINANCE NO. 001-1987
AN ORDINANCE DECLARING THAT AN EMERGENCY
EXISTS; WAIVING NOTICE BY A FOUR-FIFTHS VOTE;
CREATING AND ESTABLISHING A SPECIAL MUNICIPAL
SERVICE TAXING UNIT ENCOMPASSING VENETIAN
SHORES, PLATS 1, 3, 4, AND 5, AND THAT PART
OF PLAT 2 LYING WESTERLY OF VENETIAN SHORES
BOULEVARD; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Supervisor of Elections of Monroe County,
Florida, will be conducting a special referendum on March 3,
1987, for various special taxing dis tricts in Monroe County,
Florida, and
WHEREAS, it is desired, in the interests of the public
health, safety and welfare that a special taxing unit be created
concerning Venetian Shores in Plantation Key, and that the
referendum question for the same be placed on the March 3, 1987
special referendum ballot, in that time is of the essence and a
delay would jeopardize the project proposed, and
WHEREAS, Palo de Oro Drive is a permanent road on Plantation
Key, Florida, which title is held by Monroe County, and which is
in serious need of reconstruction, repair and repaving, and
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, believes that improvement of Palo de Oro Drive would
serve a valid public purpose of the County, but would most
directly and substantially benefit the property owners in the
Venetian Shores Subdivision, and
WHEREAS, it is fitting and appropriate that those persons
who most directly and substantially derive benefit from the
roadway improvements bear the financial burden of such
improvements in proportion to the respective benefits received by
such property owners, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1. Pursuant to F.S. 125.66, an emergency is hereby
declared and notice waived by a four-fifth's vote.
Section 2.
Establishment.
There is hereby established a
Municipal Service Taxing Unit ("MSTU") consisting of all property
owners of Venetian Shores Subdivision, Plats 1, 3, 4, and 5, and
that part of Plat 2 lying westerly of Venetian Shores Boulevard,
Plantation Key, Florida, pursuant to the provisions of Sections
125.01(1)(q) and 165.041(2), Florida Statutes.
Section 3. Purpose. The purpose of this MSTU is to provide
street facilities and more particularly to reconstruct, repair
and repave Palo de Oro Drive.
Section 4. Governing Body. The governing body of the MSTU
established herein shall be the Board of County Commissioners of
Monroe County, Florida, as constituted from time to time.
Section 5.
Powers and Duties.
The
Board
of
County
Commissioners of Monroe County, Florida, acting as the governing
body of the MSTU shall have the following powers and duties:
1. The Board may advertise for bids and let contracts for
the reconstruction, repair or repaving of Palo de Oro Drive
within said MSTU to be performed in conformance with standards
and requirements for public roads within Monroe County.
2. The Board may levy and collect service charges, special
assessments, or taxes within the MSTU which encompasses Venetian
Shores, Plats 1, 3, 4 and 5, and that part of Plat 2 lying
westerly of Venetian Shores Boulevard, Plantation Key, Florida.
3. The Board may use the proceeds and funds derived from
such charges, assessments or taxes to reconstruct, repair or
repave Palo de Oro Drive.
Section 6. Collection. (1) It is the intent of the Board
that any special assessment and service charges levied pursuant
hereto may be collected as provided in Section 197.0126, Florida
Statutes.
(2) Any unpaid assessments, charges, or taxes levied
hereunder shall constitute a lien on the property against which
the taxes have been assessed, which lien is enforceable in
accordance with Florida law.
Such special assessments shall be
noticed, levied and collected in the same manner as ad valorem
taxes pursuant to Section 197.0126, Florida Statutes, (including
all
provisions
relating
to
discount
for
early payment,
pre-payment by installment method,
penalty for delinquent
payment, and the issuance of tax certificates and tax deed, which
shall be of equal dignity to ad valorem certificates and deeds)
and the provisions of Section 192.092(2)(c)(2), Florida Statutes.
Section 7. A referendum will be held on March 3, 1987, in
the affected areas of Venetian Shores concerning the question of
whether or not the Municipal Service Taxing Unit shall be created
as provided by the contents of Resolution No. 063A-1987.
2
Section 8. 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 9.
All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
any such conflict.
Section 1Q. This ordinance shall take effect when a copy is
delivered to the postal authorities of the Government of the
United States for special delivery by registered mail to the
Secretary of State of the State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of January, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
(';r~~fl./!, " A'. _ ...., L /L/'. . ~
if~""""'-~;o'.1 / ~
Attest: DANNY L. KOLHAGE, Clerk
J21c R~ f)/
CLERK
PASSED AND ADOPTED:
January 20, 1987
FILED WITH SECRETARY OF STATE:
J-d't. ' fl
EFFECTIVE DATE:
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APPROV. AS TO FORtH
A L SUFFICIENCY.
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BY _
3
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--..-..-----.--.-.----
Jilannp 1L. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (3051 852-9253
January 26, 1987
REGISTERED MAIL
RETURN RECIEPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Emergency
Ordinance No. 001-1987 creating and establishing ~ Special
Municipal Service Taxing Unit, encompassing Venetian Shores,
Plats 1, 3, 4 and 5, and that part of Plat 2 lying westerly
of Venetian Shores Boulevard.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a regular meeting in formal
session on January 20, 1987.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board 0 County C mmissioners
Clerk
cc: County Attorney
Supervisor of Elections
~. ance .Director
ile,
e, Su~ ,( 0 LO'r
F
- -
1802-E
Dorothy W. Glisson
Deputy Secretary For Elections
FLORIDA DEPARTMENT OF STATE
George Firestone
:-" '( I ('I, H" Clt :,tclt' ,
January 30, 1987
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of January 26, 1987
and certified copy/ies of Monroe
County Ordinance(s) Emergency Ordinance No. 87-1
ere; Venetian Shores Special MSTU)
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed this/~ Ordinance(s) in this office
on January 29, 1987.
4. The original/duplicate copyjies showing the filing
date is/are being returned for your records.
c~~~
(Mrs.) Liz Cloud, Chief
Bureau of Administrative Code
LC/ mb
DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301
(904) 488-7690