Ordinance 014-1984
Charlie Ag Director
Municipal ~erv~ce District
ORDINANCE NO.014-l984
AN ORDINANCE RELATING TO THE MUNICIPAL
SERVICE DISTRICT AMENDING ORDINANCE NO.
026-1983 BY PROVING CERTAIN SPECIFIED
EXEMPTIONS TO THE SPECIAL ASSESSMENT FOR THE
AVAILABILITY OF WASTE COLLECTION, TRANSFER
AND DISPOSAL SERVICE FOR THE YEAR BEGINNING
JANUARY 1, 1984 AND ENDING DECEMBER 31, 1984;
PROVIDING FOR A PROCEDURE TO OBTAIN SAID
EXEMPTIONS; PROVIDING FOR A WAIVER OF PENALTY
FOR LATE PAYMENT AND EXTENDING THE PERIOD OF
TIME FOR PAYMENT OF SAID SPECIAL ASSESSMENT;
DECLARING AN EMERGENCY NECESSITATING THE
ORDINANCE ENACTMENT PROCEDURE PROVIDED IN
FLORIDA STATUTES 125.66(3); DECLARING THAT AN
EMERGENCY EXISTS ENDANGERING THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENS OF MONROE
COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE ARE REPEALED;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the special assessment established in Ordinance No.
026-1983 in relation to assessing certain undeveloped parcels of
land has been the subject matter of numerous complaints by the
owners of undeveloped land to the Manager of the Municipal
Service District and the Board of County Commissioners in that
some parcels of undeveloped but assessed land are not suitable
for assessment due to certain Federal and State laws concerning
and restricting development in environmentally protected areas of
Monroe County; that certain parcels by virtue of their
configuration and size are not suitable for development and
cannot become beneficiaries of the services of the Municipal
Service District and should, therefore, not be subject to such
assessment; and, that certain lots have heretofore been made
subject to Unity of Title requirements and should be assessed as
a unified parcel rather than as individual lots, and
WHEREAS, a procedure exists for the reclassification and
reassessment of lands within areas of Critical State Concern by
the Monroe County Property Appraiser whereby property owners
affected by certain environmental laws may obtain certain
exemptions from taxation upon application and approval, and
WHEREAS, lands appropriate for exemption by virtue of
Critical State Concern are also appropriate for exemption from
the special assessment ordained in Ordinance No. 26-1983, and
WHEREAS, partial exemption from the special assessment
ordained in Ordinance No. 26-1983 is also appropriate for parcels
of land heretofore subjected to Unity of Title requirements, and
WHEREAS, exemption from the special assessment ordained in
Ordinance No. 26-1983 is also appropriate for parcels of
undeveloped land which, by virtue of their configuration and
size, are not suitable for development, including, but not
limited to easements, rights of way and strips of land less than
ten (10) feet in width, and
WHEREAS, it is the intent of the Board of County
Commissioners to impose the special assessment for the
availability of waste collection, transfer and disposal service
upon those parcels of land presently benefiting from the services
of the Municipal Service District and those parcels of land
suitable for development in the future which will benefit from
the services of the Municipal Service District as such parcels
are developed by their owners, and
WHEREAS, an emergency has arisen due to the fact that
payment of the special assessment by the taxpayers of the Monroe
County Municipal Service District was to be due no later than
April 1, 1984 and that penalties and collection procedures would
commence as of said date and that liens for unpaid special
assessments may be imposed as of said date adversely affecting
title to real property and further, that immediate and final
resolution concerning exemptions to the special assessment is
imperative to the effective collection of the special assessment
from those taxpayers who do not own exempt property and who have
not yet paid the special assessment, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1.
That Section 1 of Ordinance No. 026-1983 is
hereby amended to include the following paragraphs and
subparagraphs.
A. Exemptions from assessment. Upon proper application to
the Manager of the Municipal Service District and upon
presentation of sufficient evidence and/or documentation, the
Manager of the Monroe County Municipal Service District is hereby
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authorized to exempt from the rolls of the special assessment
parcels of real property described as follows:
(1) Parcels which have been exempted for the current
year by the Monroe County Property Appraiser under
a "Petition for Reclassification and Reassessment
of Lands within Areas of Critical State Concern"
(2) Parcels of undeveloped land which, by virtue of
their configuration and size, are not suitable for
development, including, but not limited to
easements, rights of way and strips of land less
than ten (10) feet in width.
(3) Certain lots, which have been subjected to "Unity
of Title" requirements shall be assessed as one
(1) parcel for the purpose of the Special
Assessment and not as individual lots.
B.
Penalties, Late Fees, Collection and Liens:
Payment of the
Special Assessment as applied to undeveloped property shall be
due no later than May I, 1984.
Any parcel of land which has not
received an exemption from the special assessment from the
Manager of the Municipal Service District and has not paid the
special assessment by said May I, 1984 shall be subject to the
collection, procedures, penalties, fees and interest as provided
in Chapter 8, Section 20 of the Monroe County Code. All rights
of the Municipal Service District and/or Monroe County which
accrued on April I, 1984, concerning late payment of the Special
Assessment by virtue of Ordinance No. 26-1983 shall be waived for
those parcels paying the special assessment or receiving an
exemption from the Manager of the Municipal Service District on
or before May I, 1984.
Section 2.
In all other regards and respects the contents
of Ordinance No. 26-1983 are hereby affirmed and will continue in
force and effect as written.
Section 3.
This Ordinance is hereby declared an emergency
for the protection of the health, safety and welfare of the
citizens of Monroe County.
Section 3.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 4.
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.
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Section 5. This Ordinance shall take effect when a
certified copy of this Ordinance has been accepted by 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 lotb day of April, 1984.
BOARD OF COUNTY COMMISSIONERS
OF MONRO&~COUNTY, FLORIDA
C/' /~
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By _.~ -
Mayor/Chairman
(SEAL)
Attest:
DANNY L. KOLHAGE, Clerk
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C erk
4
April 18, 1984
FLORIDA DEPARTMENT OF Sf ATE
George Firestone
Secretary of State
Honorable Danny L. Kolhage
Clerk of Circuit Court
500 Whitehead Street
Key West, Florida 33040
Attention: Yolanda Quesada
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of April 16
and certified copy/ies of Monroe
County Ordinance/s No./s 84-14 (Emergency)
2. Receipt of
relative to:
County Ordinance/s
(a)
which we have numbered
(b)
which we have numbered
3. We have filed this
this/these
on April 18,
Ordinance/s in this office
1984.
4. The original/duplicate copy/ies showing the filing date
being returned for your records.
is/are
Cordially,
~A~:::r
Chief, Bureau of Laws
NK/
Enclosure
FLDRIDA -State of the Arts
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3. AImCU ADORESSm TO:
alley Kav.naugh, Chief
The Caiptol. Room 1802G
Tallahassee Florid
4,1YJlE Of SfAVICE:
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