Resolution 278-2016RESOLUTION NO. 278 - 2016
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA DIRECTING STAFF TO
CONTINUE WITH DEVELOPMENT OF A PROGRAM TO
COLLECT SPECIAL ASSESSMENTS AND THE CREATION OF
MUNICIPAL SERVICE BENEFIT UNITS TO COLLECT FUNDS TO
PAY FOR ONGOING OPERATION AND MAINTENANCE COSTS
FOR EXISTING CANAL WATER QUALITY RESTORATION
PROJECTS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners has previously
approved restoration work totaling approximately $7 million to improve the water quality on the
following seven (7) canals as part of a pilot program to test the efficacy of the technologies:
canals 29 (Key Largo); 83 (Rock Harbor); 266, 277, 287 and 290 (Big Pine Key); and 470/472
(Geiger Key); and
WHEREAS, the objective of the pilot program was to test the efficacy of four different
types of technologies (or combinations thereof) on the canals (backfilling, organic removal, air
curtains, and culverts) and use the improved canals as a predictor for the cost and water quality
gains to be achieved; and
WHEREAS, without future operations and maintenance work, any gains accomplished
by the restoration work will slide backwards and be lost; and
WHEREAS, without future operations and maintenance work to maintain the gains
accomplished by the restoration work, the full value of the restoration work will not be realized,
and it will be impossible to measure the gains of the restoration work; and
WHEREAS, all of the canals with the exception of the one canal that used only the
backfilling technology (canal 29 in Key Largo) will require future expenditure of funds to cover
operations and maintenance costs; and
WHEREAS, the property owners on the canals where work was performed ( "Subject
Properties ") have already and will continue to realize benefits as a result of the restoration work,
including but not limited to gains in overall appearance of their property, increase in property
values, and improved use of the canals for fishing, swimming and other recreational uses; and
WHEREAS, it is appropriate for the County to collect funds to cover the cost of O &M
from the property owners who realize the special benefits of the restoration work in the form of
special assessments, provided the cost is distributed so that they are fairly and reasonably
apportioned to the subject properties; and
WHEREAS, the County is authorized under Section 125.01(1)(q) to establish municipal
service benefit units within all or any part of the unincorporated county, within which may be
provided essential facilities from funds derived from special assessments on the properties
located within the municipal service benefit unit (MSBU); and
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WHEREAS, canal restoration work falls within the definition of "other essential
facilities and municipal services."
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
1. The Board of County Commissioners hereby authorizes staff to move forward to develop
a program for the collection of special assessments from the Subject Properties abutting
the canals in order to pay for the O &M work on the canals.
2. The Board of County Commissioners of Monroe County, Florida hereby directs staff to
take the steps necessary to create one or more MSBUs consisting of the Subject
Properties abutting the current canal restoration projects within the pilot program for the
purpose of funding the O &M costs for those canals, which steps will include a public
hearing to approve an ordinance creating the MSBUs. Approval is hereby given to
advertise the public hearing of the ordinance, with the public hearing to be held in
December 2016.
3. The Board of County Commissioners of Monroe County, Florida hereby directs staff to
take all steps necessary to bring back for approval a special assessment program in
accordance with Section 197.3632, Florida Statutes, which steps shall include but not be
limited to presentation of an Initial Assessment Resolution in Spring 2017 and
presentation of a Special Assessment Resolution in July or August 2017, both of which
shall delineate more specifically the specific properties to be levied and the amount of the
assessment on each property.
4. This resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of Count
County, Florida, at a regular meeting of said Board held on the
Mayor Heather Carruthers
Mayor Pro Tem George Neugent
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
Commissioners of Monroe
14th day of November, 2021
Yes
Y
Yes
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Yes
Y
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BOARD OF COUNTY COMMISSIONERS
Clerk OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
, 4"ty_ Z- �)4-4,&5e44�'
Mayor
MONROE COUNTY ATTORNEY
A ROVED AS T7 FO M:
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YNTHIA L. HALL
ASSIST NT C LINTY ATTORNEY
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