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Ordinance 038-2004 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, Florida (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 Sugar/oaf 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 Florida 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 Florida 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. DECLARATION 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. 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) (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 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 SUGARlOAF. (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 Summerland - Cudjoe - Upper Sugarloaf Municipal Service Taxing Unit. The Summerland - 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. (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 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 Summerland - Cudjoe - Upper Sugarloaf 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 reclaimed water projects within and benefiting the Summerland - 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 S. 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 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 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, 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 - 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 shall be used solely for the administration, planning and development costs associated with and incurred in advancing wastewater and reclaimed water projects within and benefiting the Conch Key - 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, commencing with the County fiscal year beginning October 1, 2005. The imposition of ad valorem taxes, as authorized herein, shall cease after four consecutive fiscal years and the Long Key - Layton Municipal Service Taxing Unit shall terminate on September 30, 2010. (C) Revenue derived from ad valorem taxes levied in the Long Key - Layton Municipal Service Taxing Unit shall be used solely for the administration, planning and development costs associated with and incurred in advancing wastewater and reclaimed water projects within and benefiting the Long Key - Layton Municipal Service Taxing Unit. The Board 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. 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 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. FILING 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 (I ~/llissioner Nelson ,_ ~sioner Neugent , ~cinl~i$iOner Rice , '(~"-,, <,'i\ :.\\ l~:;:~~ 'o~'C.."""'."" '\~'ll<:~~;::" y-~., " Dep Clerk ~ ~ yes yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~.. 2J:J. ~ ' \U.. ~ Ma r ~airperson jordMSTU MONROE COUNTY ATTORNEY ~OFORM: JOHN R, COLLINS COUNTY ATTORNEY Date (), 121l11J(" -". " c....) . C"J'::--: . ...... ~ ,; v ""..-. I r'o. . :-"1." _...~..' 9 ....-i !'" CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FflX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FflX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FflX (305) 852-7146 January 21,2005 Mrs, Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Via Certified Mail 70041160 000719747534 Dear Mrs, Cloud, Enclosed please find a certified copy of Ordinance No, 038-2004 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 for legislative findings; Declaring an emergency; Describing the boundaries of each taxing unit; Authorizing the levy of ad valorem taxes at rates not greater that 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, This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting held in formal session on December 15,2004, Please file for record, Should you have any questions please feel free to contact me at (305) 292-3550. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the ~:~d3;~ Pamela . Hancock, D.C. cc: Municipal Code Corporation via certified mail 70041160000719747527 County Administrator w/o document Property Appraiser County Attorney OMB BOCC File.! SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature G�CIE P�NT• item 4 if Restricted Delivery is•desired. X DEPARTS Nient • Print your name and address on the reverse E►� ; if r -e so that we can return the card to you. B. Received by(Printed Name) C. Date of De ive' • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Mrs. Liz Cloud Bureau of Administrative Code The Collins Building 107W Gaines Street, Suite L43 Tallahassee FL 32399-0250 3. Ser ice Type .n Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for'Merchandise (Ordinance 038-2004) 0 Insured Mail ❑C.O.D. • 4. Restricted Delivery?(Extra Fee) 0 Yes • 2. Article Number 7004 1160 0007 1974 7534 (transfer from service latien � i'PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540+ U.S. Postal Servicerm m CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com P- O F F E C [ L USE rR Er • Postage $ O Certified Fee tb I F. ccp Postmark 0 R t Fee Here (Endorsement Required) o Restricted Delivery Fee i, (Endorsement Required) 1 ; i. Total Postage&Fees o SeBurea of Administrative Code 67 PIVEZTTns BuiTaing or-t or No. Tallahassee FL 32399 (0rd.038-2004) PS Form 3800,June 2002 See Reverse for Instructiors ' • U.S. Postal ServiceTM ti CERTIFIED MAILTM RECEIPT to (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.corn9 N 71 . � [ A SSE Ir \ Postage $ , 0 ce fJ Nl21 th Postmark p Retum le pt Fee Here (Endorsemen)Re Irtl`ed) � 0 Restricted Dee(very IV pS ,. (Endorsement Required)�" 1-9 r1 �, Total Postage&Fees D Sent To o Municipal Code Corporation (0rd038-200L) 442235, Tallahassee FL 32316 City,State,aw-0 PS Form 3800,June 200'4 See Reverse tor Instructions J SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY I • Complete items 1,2,and 3.Also complete A. Sig = re ❑` ent item 4 if Restricted Delivery is desired. / �� � dressee ■ Print your name and address on the reverse so that we can return the card to you. --c�ved by(-rin ,d N e C. Date,lof/•' livery_ • Attach this card to the back of the mailpiece, i/ • /e, dl i //'-o� -l•$ or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: I]No Evelyn Jefferson Municipal Code Corporation RO Box 2235 : ' Tallahassee FL 32316-2235 3. SefviceType 121 Certified Mail 0 Express Mail (Ordinance No. 038-2004) CI Registered Ei Return Receipt for Merchandise — El Insured Mail ❑C.O.D. 11-- . i 4. Restricted Delivery?(Extra Fee) 0 Yes t 12. Article Number 1 7004 1160 0007 1974 7527 J (Transfer from service Iabeq" 102595-02-M-1540 1 PS Form 3811,February 2004 Domestic Return Receipt ___ _ ______ FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES January 25,2005 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 21, 2005 and certified coy of Monroe County Ordinance No. 038-2004, which was filed in this office on January 24, 2005. STl:o Chl~Q Liz Cloud Program Administrator LC/kcs r::-~,; . "'.," ,'::) ,""'~ .-.... .......,. ;12 c-"-; ._~ .. :'~ (j~ OSTATE LIBRARY OF FLORIDA R.A. Gray Building. Tallahassee, Florida 32399-0250 · (850) 245-6600 FAX: (850) 488-2746. TOO: (850) 922-4085. http://www.dos.state.fl.us OLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES (850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894 OADMINISTRA TIVE CODE AND WEEKLY (850) 245-6270. FAX: (850) 245-6282 Email Confirmation Page 1 of 2 l"un~,.com Municipal Code Corporation P.O. Box 2235 1700 Capital Circle SW. (32310) Tallahassee, FL 32316-2235 850-576-3171 Fax: 850-575-8852 If]'-Q~ illj)Jli.c~QQe,.cQ,rn Monroe County, FL Code of Ordinances -1979(11270) Supplement 88 Recorded: 3/30/20052:54:22 PM We have received the following material through Hard Copy, Document Ordinance No. 038-2004 Ordinance No. 001-2005 Adoption Description 12/15/2004 Creating various taxing units. 2/16/2005 Amending Ch. 8 by creating Art. II, Disposal of garbage, trash and refuse. . Are you e-mailing us your ordinances? Send them tOQH:lJL<<trnYQ1<,;QQe.com . Does your code need a legal review? We can help - e-mail for an estimate · Ask us about electronic supplementation and our newest service N.O.W. posting ordinances in between supplements . Need additional copies of your Charter? Zoning? Code? Binders? Divider Tabs? · Also we have a GREAT new service where we provide Codes and Supplements to outside subscribers at no additional cost to the City. Contact our Distribution Department at dl1i.l@I1lYQ1QgiteJ;Qill · Looking for Records Management, imaging or indexing minutes services, we can help there too! Contact us for more information at injQ.@Jl1J<Qr1novations.com. 3C ~ o ~ .JI % '::;:--'::t;:!I ::0 n ~t; -0 0, '"'": ::0 fTl:::c:: -<.. C")' r I 0("')' (J'1 c::: - -:;:. z?c; --In! :<-;= ..,,' >- , C) J> i"'j =-'1 "' ':-0 =- :x -I - W en ("'1 (-) ":.J , http://intranet.municode.comIBIS/Recording/acknow ledgePrint. asp?j obid=3 8440&print=true&contactlD... 3/30/2005