Ordinance 010-2005
ORDINANCE NO. Ole}- 2005
AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING
CHAPTER 15.5, MONROE COUNTY CODE, IN ORDER TO PROVIDE
REVISED LEGAL DESCRIPTIONS OF MUNICIPAL SERVICE TAXING
UNITS SET FORTH IN ORDINANCE NO. 038-2004 FOR STOCK
ISLAND, SUMMERLAND/CUDJOE/UPPERSUGARLOAF, BIG PINE, AND
CONCH KEY/DUCK KEY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; 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) Monroe County, pursuant to its authority under Section 125.01(l)(q),
Florida Statutes, did enact Ordinance No. 038-2004 to establish municipal service
taxing units (MSTU's) for the purposes of assessing and collecting taxes to pay
for administration, planning and development costs associated with and incurred
in advancing wastewater and reclaimed water projects for the following units:
Stock Island, Summerland/Cudjoe/Upper Sugarloaf, Big Pine, Conch Key/Duck
Key, and Long Key/Layton.
(B) The legal descriptions of those taxing units or districts, except the Long
Key/Layton MSTU, contained errors and cannot be used for purposes of
assessing the affected properties in a fair and equitable manner.
(C) The Property Appraiser of Monroe County has advised that in order to place
the taxes authorized by the existing provisions of the Monroe County Code on
the tax bill, it is necessary to immediately revise the legal descriptions of the
MSTU's.
(D) The purpose of this Ordinance is to revise the legal descriptions
erroneously set forth in Ordinance No. 038-2004.
(E) The time period between the determination of the inaccuracy of the legal
descriptions and the ascertainment of corrected legal descriptions was not
sufficient to prepare an ordinance revising the legal descriptions of the MSTU's
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.
(F) The Conch Key and Duck Key MSTU's should be separated into two separate
units, one for Conch Key and one for Duck Key in order to facilitate the Property
Appraiser's mapping responsibilities.
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. Section 15.5-161(a), Monroe County Code, shall be revised to read:
Sec. 15.5-161. Created.
(a) Pursuant to the provisions of F.S. 9 125.01(1)(q), 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 all
of Stock Island located south of the centerline of US Highway NO.1 (State Road
No.5), and lying east of Cow Key Channel and west of Boca Chica Channel.
Section 4. Article XI, Chapter 15.5, Monroe County Code shall be revised to
read:
ARTICLE XI. CUDJOE - SUGARLOAF MUNICIPAL SERVICE TAXING UNIT
Sec. 15.5-171. Created.
(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 Cudjoe -
Sugarloaf Municipal Service Taxing Unit. The Cudjoe - Sugarloaf Municipal
Service Taxing Unit shall encompass that portion of the unincorporated area
bounded on the west by Shark Key Channel and on the east by Kemp Channel,
less the area encompassed in the Baypoint MSTU as described in Ordinance 037-
2002.
(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 Cudjoe - 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 Cudjoe - Sugarloaf Municipal Service Taxing
Unit shall terminate on September 30, 2010.
(c) Revenue derived from ad valorem taxes levied in the Cudjoe - 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 Cudjoe -
Sugarloaf Municipal Service Taxing Unit. The Board shall adopt a budget for the
Cudjoe - 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 5. Sec. 15.5-181 (a), Monroe County Code is hereby amended to read
as follows:
Sec. 15.5-181. Created.
Pursuant to the provisions of F.S. 9 125.01(1)(q), 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 Kemp Channel and
on the east by the west end of the Seven Mile Bridge less No Name Key.
Section 6. ARTICLE XIII, Monroe County Code is hereby amended to read as
follows:
Sec. 15.5-191. CONCH KEY MUNICIPAL SERVICE TAXING UNIT Created.
(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
Municipal Service Taxing Unit. The Conch Key Municipal Service Taxing Unit
shall encompass that portion of the unincorporated area bounded on the west by
Tom's Harbor Cut, and on the east by Long Key Channel.
(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 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 Municipal Service Taxing Unit shall
terminate on September 30, 2010.
(c) Revenue derived from ad valorem taxes levied in the Conch 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 Municipal Service
Taxing Unit. The Board shall adopt a budget for the Conch 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.
Sec. 15.5-191A. DUCK KEY MUNICIPAL SERVICE TAXING UNIT Created.
(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 Duck Key
Municipal Service Taxing Unit. The Duck Key Municipal Service Taxing Unit shall
encompass that portion of the unincorporated County bounded on the north by
U. S. Highway 1, on the west by Tom's Harbor Channel, on the South by Hawk's
Channel, and on the East by Tom's Harbor Cut; an area commonly known as
"Duck Key", including islands known as Center Island, Harbor Island, Plantation
Island, and Yacht Club Island, but excluding Indies Island.
(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 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 Duck Key Municipal Service Taxing Unit shall
terminate on September 30, 2010.
(c) Revenue derived from ad valorem taxes levied in the 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 Duck Key Municipal Service
Taxing Unit. The Board shall adopt a budget for the 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. 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 8. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 9. 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 10. This ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 18th day of May,
2005.
Mayor Dixie M. Spehar Yes
Mayor Pro Tem Charles "Sonny" McCoy Yes
-
Commissioner Murray Nelson Yes
-
Commissioner George Neugent ~
"?'--ffo""l:JCommissioner David Rice Yes
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Z BOARD OF COUNTY COMMISSIONERS
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OF MONROE COUNTY, FLORIDA
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M yo 7Chairperson
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET, SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 KEY WEST, FLORIDA 33040 PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 TEL. (305) 292-3550 TEL. (305) 852-7145
FAX (305) 289-1745 FAX (305) 295-3663 FAX (305) 852-7146
June 3, 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 000719747626
Dear Mrs. Cloud,
Enclosed please find a certified copy of each of the following:
Ordinance No. 010-2005 declaring that an emergency exists and waiving notice by a
four-fifths vote concerning an emergency Ordinance amending Chapter 15.5, Monroe County
Code, in order to provide revised legal descriptions of Municipal Service Taxing Units set forth in
Ordinance No. 038-2004 for Stock Island, SummerIand/CudjoelUpper Sugarloaf, Big Pine, and
Conch Key/Duck Key; Providing for severability herewith; Providing for the repeal of all
Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of
Ordinances; 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 May 18, 2005. 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
BOM~
by'
. mela. Hancock, D. C.
Monroe County Clerk's Office
Ordinance No. 010-2005
cc: Municipal Code Corporation via certified mail 7004 1160 0007 19748272
Growth Management
Property Appraiser
County Attorney
BOCC
Filel
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,arict3.•Also complete A. Signature
item 4 if Restricted Delivery is desired. ) E PTo OF STATE
. Print your name and address on the reverse
so that we can return the card to you. ❑Addressee
■ Agent
• Attach this card to the back of the mailpiece, 13,Receivedbv1Printed a e C. Date of Delivery
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or on the front if space permits. UIV O ��5
1. Article Addressed to: D If YeIs l etl�v A ``fir D1? 0 Yes
Mrs. Liz Cloud, Chief tFL� �No
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Ste.L43
Tallahassee FL 32399-0250 •
3. Service Type 1
(Ordinance 0 j Q-2005 Certified Mail 0 Express Mail
) ❑Registered ❑Return Receipt for Merchandise
0 Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer from servicelabeq 7004 1160 007 1974 7626 '
'-PS Form 3811,February 2004 Domestic Return Receipt
— 102595-02-M-1540
-
i
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete • A. •.f ature
' item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse jf (�Q/� ,/� ❑Agent
'so that we can return the card to you. �h"` f fi(�.r 0 Addressee
■ Attach this card to the back of the mailpiece, B eived by(Printedjm�e) C� e of slivery
i or on the front if space permits. a „)r �l Printed
Zdd 7AS {
1. :cuticle Addressed to: D. Is delivery address different from item 1 LYYes,
If YES,enter delivery address below: '0 No
Ms. Evelyn Jefferson
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316-2235 -
3. Sej'Ice Type
(Ordinance 010-2005) Certified Mail Express Mail
0 Registered IO Return Receipt for Merchardise
❑Insured Mail 0 C.O.D.-
_ 4. Restricted Delivery?(Extra'F,ee) CIYes {
2. Article Number I _
(transfer from serVlce IabelJ .7004 1160 0007 1974 8272 I
U.S. Postal ServiceTM f U.S. Postal ServiceTM
ru CERTIFIED MAILTM RECEIPT , rru • CERTIFIED MAILTM RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
(Domestic Mail Only;No Insurance Coverage Provided)For delivery information visit our website at www.usps.corrt®
For delivery information visit our website at www.usps.corrl®
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Total Postage&Fees \�` rl /S' �S3M
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o sen�7o Evelyn Je �'rsru I,' o Mrs. Liz Cloud, Bureau of Admin. Code
tti Municipal Code Corporation ; I= Tie Collins Building
Street,Apt.Nix;
orl�C�ox$r0X 2235 Street Apt No.;
orty,State,zlPw ofkb�eoWvoGaines Street, Suite L43
Tallahassee FL 32316-2235 Ord.l_0-05 C Stat
PS Form 3800.June 2002 - Tallaahashas
see FL 32399-0250 (Ord.10-05
See Reverse for Instructions PS Form 3800,June 2002 •
See Reverse for Instructions
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
June 10,2005
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 June 3, 2005 and certified copy of Monroe County Ordinance
No. 010-2005, which was filed in this office on June 7, 2005.
Sincerely,
~~~
Liz Cloud U
Program Administrator :.x ' ;
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DSTATE LIBRARY OF FLORIDA
R.A. Gray Building _ Tallahassee, Florida 32399-0250 - (850) 245-6600
FAX: (850) 488-2746 - TDD: (850) 922-4085 - http://www.dos.state.fl.us
DLEGlSLATIVE LIBRARY SERVICE o RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES
(850) 488-2812 - FAX: (850) 488-9879 (850) 487-2180- FAX: (850) 413-7224 (850) 245-6700- FAX: (850) 488-4894
DADMINISTRA T1VE CODE AND WEEKLY
(850) 245-6270- FAX: (850) 245-6282
Wmaonfirmation Page 1 of 2
Municipal Code Corporation
P.O.Box 2235
micodeicorn 170llp Capital Circle
21 - 235 850-576-3171
Fax:850-575-8852
info@municode.com
Monroe County, FL Code of Ordinances - 1979(11270)
Supplement 89
Recorded:-6/24/2005 2:15:52 PM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance No. 010-2005 5/18/2005 Amend Ch. 15.5 to provide taxing units set forth in Ord. No.
038-2004 for Stock Island, Summerland/Cudjoe/Upper
Sugarloaf, Big Pine, Conch Key/Duck Key and Long Key
--- Layton
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2003 Municipal Code Corporation All rights Reserved
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