§ 28-1. Municipal service taxing unit.

(a)

Findings. It is hereby ascertained, determined, and declared that:

(1)

The Board of County Commissioners of Monroe County, Florida, has previously established by Ordinance the Marathon Municipal Service Taxing Unit, the boundaries of which are as specified in the legal description, attached as Exhibit "A" to the ordinance from which this section is derived, for the purpose of providing a limited funding source for the reimbursement and provision of Municipal services relating to the administration, planning and development of wastewater and reclaimed water projects by the City of Marathon within the Marathon Municipal Service Taxing Unit.

(2)

In order to fund and provide such services, the effectiveness of the County ordinance establishing the Marathon Municipal Service Taxing Unit is expressly subject to consent thereto by an ordinance adopted by the governing body of the City of Marathon, as required by Fla. Stat. § 125.01.

(3)

The City of Marathon hereby determines that the inclusion of the properties located within the boundaries of the Marathon Municipal Service Taxing Unit is a means to ensure that funds derived from such a County levy are in fact used to benefit the area from which they were collected.

(b)

Consent. The City Council consents to the inclusion of all of the properties located within the Marathon Municipal Service Taxing Unit to be established pursuant to Monroe County ordinance prior to December 31, 2002. Such consent shall become effective immediately upon adoption of this section. Provided, however, such consent shall be subject to the termination provisions in Subsection (c) of this section.

(c)

Limitation of the levy of ad valorem taxes; termination of consent.

(1)

Monroe County officials have represented that the Monroe County ordinance creating the Marathon Municipal Service Taxing Unit shall expressly limit the levy of additional ad valorem taxes to a millage rate not to exceed 0.77 mil assessed against all real and personal property located within the Marathon Municipal Service Taxing Unit.

(2)

The consent herein provided shall be subject to the following limitations:

a.

The annual millage rate levied by the Monroe County Board of Commissioners shall not exceed the millage rate specified in Subsection (c)(1) of this section; and

b.

The levy and collection of ad valorem taxes as authorized in the Monroe County ordinance creating the Marathon Municipal Service Taxing Unit shall be for a term of no more than four (4) consecutive years ending with fiscal year 2007—2008.

(3)

The consent provided herein shall automatically terminate with no further notice or action required by the City Council should the Board of County Commissioners levy a tax for the Marathon Municipal Service Taxing Unit that violates either of the provisions of Subsection (c)(2) of this section.

(Ord. No. 03-12-01, §§ 1—3, 12-11-2002; Ord. No. 2006-09, § 2, 5-23-2006)