Resolution 168-2011RESOLUTION NO. 1 6 8 -2011
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, ESTABLISHING THE WASTEWATER CAPACITY SERVICE FEE FOR PROPERTIES
DEVELOPED WITHIN THE BIG COPPITT AND DUCK KEY CENTRAL SERVICE AREAS
AFTER THE LEVY OF THE NON -AD VALOREM WASTEWATER ASSESSMENTS; PROVIDING
FOR A METHOD OF ADJUSTING FOR INFLATION; PROVIDING FOR A METHOD OF
COLLECTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Big Coppitt and Duck Key Central Wastewater Systems were constructed with additional capacity for
future development; and
WHEREAS, impact fees are normally exacted for new development of properties but cannot currently be required for
wastewater because the capacity for new development for the foreseeable future was incorporated into the Big Coppitt and Duck
Key Central Wastewater Systems; and
WHEREAS, Monroe County is obligated to repay the Florida Department of Environmental Protection (FDEP) State
Revolving Fund (SRF) debt service associated with this additional capacity; and
WHEREAS, Section 2.02 of the September 6, 2005 Interlocal Agreement between Monroe County and the Florida
Keys Aqueduct Authority, as amended September 19, 2007, establishes the levy of non -ad valorem special assessments as a
County responsibility; and
WHEREAS, Monroe County levied non -ad valorem wastewater assessments to collect System Development Fees of
$4,500 per Equivalent Dwelling Unit (EDU) from developed properties within in the Big Coppitt and Duck Key Service Areas
as described in Resolution 302 -2007 adopted on September 10,2007; and
WHEREAS, due to timing of development or changes in use, some properties have not been assessed for any
connection or for the extent of connection required for the usage of that property; and
WHEREAS, in order to provide equity for all users of central wastewater systems, a mechanism is necessary to collect
a wastewater capacity fee from those properties within the Big Coppitt and Duck Key service areas for which initial or
additional wastewater service is required; and
WHEREAS, a significant capital funding gap exists for the Cudjoe Regional Wastewater Facility; and
WHEREAS, these wastewater capacity fees from future development have been determined to be necessary to pay the
FDEP SRF so that future sales tax revenue may be de- obligated; and
WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those properties within the Big
Coppitt and Duck Key service areas for which initial or additional wastewater service is required; and
WHEREAS, there have been costs of financing the projects since the debt started to accrue, and the inflationary
element would contribute to the financing costs similar to the interest factor which has been paid and will be paid by properties
on the initial tax roll;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS, of MONROE COUNTY, FLORIDA, that:
Section 1.0 The following fees are hereby established for wastewater system capacity within the Big Coppitt and Duck Key
central service areas. These fees apply to new development for which permits are or were issued subsequent to the initial
wastewater capacity assessments levied in 2007:
1_1 Residential Service:
The wastewater capacity fee for residential service is $4,500.00 per residential unit (EDU) times an adjustment for inflation
based upon the all cities Consumer Price Index for all urban consumers (CPI -U) as published by the Bureau of Labor Statistics
of the U.S. Government. December 2007 shall be used as the base index month December 2007 CPI -U = 210.0). Single family
residences will be charged $4,500.00 times a CPI -U adjustment factor.
Wastewater capacity fee = $4,500 x CPI -U Adjustment factor (see Section 2.0 below)
1.11 Multi- family residences will be charged $4,500.00 for each dwelling unit times the CPI -U adjustment factor. The CPI -U
adjustment factor is calculated as described above in section 2.0:
Wastewater capacity fee = S4,500 - x Adjustment factor (see Section 2.0 below)
1.2 Non - Residential Service:
The wastewater capacity fee for non - residential properties shall be calculated based on an estimated EDU allocation provided by
the Florida Keys Aqueduct Authority. The EDU allocation will the based on the anticipated volume (in gallons) of wastewater
anticipated to be generated by the property divided by a volume to EDU conversion of 167 gallons/EDU. The wastewater
capacity fee will be adjusted for inflation in the same manner described in sections 1.1 and 1.11 for residential properties. The
anticipated volume shall be calculated based on the State of Florida Department of Health System Size Determinations found in
Florida Administrative Code (Chapter 64E -6.008 as of the date of this resolution).
Wastewater capacity fee = $4,500 x number of EDUs x CPI -U Adjustment factor (see Section 2.0 below)
Section 2.0 The CPI -U adjustment factor is calculated each year by dividing the most recent year's December CPI -U (not
seasonally adjusted) by the CPI -U (not seasonally adjusted) for December 2007. The CPI -U (not seasonally adjusted) in
December 2007 was 210.0.
Section 3.0 The wastewater capacity fee shall be collected by the Monroe County Building Department upon issuance of a permit,
or if a permit has already been issued but no certificate of occupancy has been issued, the fee shall be collected by the Monroe
County Building Department prior to the issuance of the certificate of occupancy. If a building permit or certificate of occupancy
has already been issued but the wastewater capacity fee has not been paid in full before 1 October 2011 and the wastewater
capacity fee is not being collected as a non ad valorem assessment as a part of the annual property tax bill, the wastewater
capacity fee, as calculated using Section 1.0 of this resolution, will be incorporated into a special non ad valorem assessment on
the properties so situated. Any wastewater capacity fee paid in full or levied in a non -ad valorem assessment prior to 30
September 2011 is not subject to the CPI indexing in Section 1.0 of this resolution.
Section 4.0. These fees shall apply to all permits and certificates of occupancy issued after the effective date of this resolution.
Section 5.0 This resolution shall become effective immediately upon its adoption by the Monroe County Board of County
Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held
on t1@5 ay of June—.
Mayor Heather Carruthers Yes
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Mayor Pro Tern David Rice Yes
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L. Kolhage, Clerk
Commissioner Kim Wigington Yes
Commissioner George Neugent Y
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY OMMISSIONERS
OF MONROE CO
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Deputy Clerk