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Resolution 231-2017RESOLUTION NO. 2312017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CONTINUING THE ASSESSMENTS OF WASTEWATER SERVICE TO PROPERTIES IN THE BIG COPPITT, DUCK KEY, STOCK ISLAND, THE CUDJOE REGIONAL CENTRALIZED INNER AND OUTER ISLAND SERVICE AREAS, EAST/WEST LONG KEY, NO NAME KEY, MIDDLE/BIG TORCH KEY, AND EXPANDED PARCELS WITHIN THE CUDJOE REGIONAL SERVICE AREA FOR THE 2017 TAX YEAR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 20 -164 of the Monroe County Code provides that the Board of County Commissioners will adopt an annual rate resolution during its budget adoption process for each fiscal year following the initial fiscal year of a wastewater assessment; and WHEREAS, the Board of County Commissioners of Monroe County, Florida has enacted Ordinance No. 027 -2003 relating to the provision of wastewater service and facilities in Monroe County, Florida and authorizing the imposition and collection of wastewater assessments against property; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 261 -2004 relating to the provision of wastewater service to properties in the Stock Island Service Area, describing the capacity reservation fee, collection costs, and the other terms and conditions of the non -ad valorem annual wastewater assessments; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 265 -2004 that imposed a special assessment to collect Capacity Reservation Fees from certain parcels within the Stock Island Service Areas to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of $2,700 per Equivalent Dwelling Unit ( "BDU "), wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 265 -2004 and the number of EDUs for non - residential properties was based on water consumption; and WHEREAS, the Stock Island Assessments have been imposed annually since 2004 to recover Capacity Reservation Fees advanced by Monroe County on behalf of certain parcels within the Stock Island Service Area; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 116 -2017 that imposed a special assessment to collect Capacity Reservation Fees from certain parcels within the Stock Island Phase 2 Service Area to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of $2,700 per Equivalent Dwelling Unit ( "EDU "), wherein the number of EDUs for residential properties were assigned by Key West Resort Utility, Inc. (KWRU). These parcels were determined to not have paid the Capacity Reservation Fee included in the Stock Island Assessments covered by Resolution 265 -2004; and WHEREAS, the Stock Island Assessment Phase 2 was imposed in August 2017 to recover Capacity Reservation Fees advanced by Monroe County on behalf of certain parcels within the Stock Island Special Assessment Phase 2 which were not collected in the imposition of annually collected assessments in 2004; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 264 -2007 relating to the provision of wastewater service to parcels in the Big Coppitt and Duck Key Service Areas, describing the system development fee, collection costs, and the other terms and conditions of the non -ad valorem annual wastewater assessments; and Monroe County BOCC- Annual Rate Resolution — September, 2017 Page 1 of 5 WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 302 -2007 that imposed a special assessment to collect System Development Fees from certain parcels within the Big Coppitt and Duck Key Service Areas to fund that portion of the capital cost of the wastewater system being assessed to each owner up to a maximum of $4,500 per EDU, wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 302 -2007 and the number of EDUs for non - residential properties was based on water consumption; and WHEREAS, the Big Coppitt Assessments have been imposed annually since 2007 to pay a portion of the debt service on Obligations issued in connection with the construction of Wastewater Collection and Treatment Facilities within the Big Coppitt Service Area; and WHEREAS, the Duck Key Assessments have been imposed annually since 2007 to fund construction of a portion of the Duck Key Wastewater Treatment Facility; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolutions 173 -2012, 174 -2012, 154 -2013, 155 -2013, 156 -2013, and 157 -2015 relating to the provision of wastewater service to properties in the Cudjoe Regional Centralized Service Area, describing the System Development Fee, collection costs, and the other terms and conditions of the non -ad valorem annual wastewater assessments; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolutions 197 -2012, 198 -2012, 184 -2013, 185 -2013, and 186 -2013 that imposed a special assessment to collect System Development Fees from certain parcels within the Cudjoe Regional Centralized Service Area to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of $4,500 per EDU, wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolutions and the number of EDUs for non - residential properties was based on water consumption; and WHEREAS, assessments on properties within the Cudjoe Regional Centralized Service Area have been imposed annually since 2012 to pay a portion of the debt service on Obligations issued in connection with the construction of and the wastewater system; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 157 -2013 relating to the provision of wastewater service to supplemental parcels in the Big Coppitt and Duck Key Service Area, describing the System Development Fee, collection costs, and the other terms and conditions of the non -ad valorem annual wastewater assessments; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 212 -2013 that imposed a special assessment to collect System Development Fees from certain supplemental parcels within the Big Coppitt and Duck Key Service Area, to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of $4,500 per EDU, wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 212 -2013 and the number of EDUs for non - residential properties was based on water consumption; and WHEREAS, the Assessments on the supplemental parcels within the Duck Key Service Area have been imposed annually since 2013 to fund construction of a portion of the Duck Key Wastewater Treatment Facility; and Monroe County BOCC- Annual Rate Resolution — September, 2017 Page 2 of 5 WHEREAS, the Board of County Commissioners of Monroe County, Florida, adopted Resolution 157 -2015, relating to the provision of wastewater service to parcels on East/West Long Key, No Name Key, Middle /Big Torch Key, and Expanded Parcels within Cudjoe Regional Wastewater Service Area; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 185 -2015 that imposed a special assessment to collect System Development Fees from certain parcels within East/West Long Key and No Name Key and Middle /Big Torch Key to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of $4,500 per EDU, wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 185 -2015 and the number of EDUs for non - residential properties was based on water consumption; and WHEREAS, assessments on properties within East/West Long Key and No Name Key and Middle /Big Torch Key and Expanded Parcels within the Cudjoe Regional Wastewater Service Area have been imposed annually since 2015 to pay a portion of the debt service on Obligations issued in connection with the construction of and the wastewater treatment system; and WHEREAS, Section 2.02 of Resolution 261 -2004 established the assessment term for Stock Island to be 5, 10 or 20 years; and WHEREAS, the 10 year assessment term for Stock Island expired in 2013 and the 20 year assessment term for Stock Island will expire in 2023; and WHEREAS, Section 2.02 of Resolution 116 -2017 established the assessment term for Stock Island Phase 2 to be 20 years; and WHEREAS, Section 2.02 of Resolution 264 -2007 established the assessment term for Big Coppitt and Duck Key to be 20 years; and WHEREAS, Section 2.02 of Resolution 173- 2012 established the assessment term for Cudjoe Regional Centralized Inner Islands to be 20 years; and WHEREAS, Section 2.02 of Resolution 174- 2012 established the assessment term for Cudjoe Regional Centralized Outer Islands to be 20 years; and WHEREAS, Section 2.02 of Resolution 154 -2013 established the assessment term for the Cudjoe Regional Centralized Inner Islands Service Area supplemental parcels to be 20 years; and WHEREAS, Section 2.02 of Resolution 155 -2013 established the assessment term for the Cudjoe Regional Centralized Outer Islands Service Area supplemental parcels to be 20 years; and WHEREAS, Section 2.02 of Resolution 156 -2013 established the assessment term for parcels in Venture Out to be 20 years; and WHEREAS, Section 2.02 of Resolution 157- 2013 established the assessment term for the Big Coppitt and Duck Key Service Area supplemental parcels to be 20 years; and WHEREAS, Section 2.02 of Resolution 157- 2015 established the assessment term for East/West Long Key and No name Key and Middle /Big Torch Key and Expanded Parcels within Cudjoe Regional to be 20 years; and Monroe County BOCC- Annual Rate Resolution — September, 2017 Page 3 of 5 WHEREAS, the annual assessment revenue is necessary to repay debt obligations and capital construction costs; and WHEREAS, assessment rolls have been approved by the Board of County Commissioners as part of each of the above - referenced resolutions NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA, AS FOLLOWS: Section 1.0 The non -ad valorem annual assessment will be levied at a rate of $207.73 for those property owners who elected to pay the Capacity Reservation Fee over 20 years as previously noticed for the Stock Island assessment program. Section 2.0 The non -ad valorem annual assessment will be levied at a rate of $211.37 for those property owners who elected to pay the Capacity Reservation Fee over 20 years as previously noticed for the Stock Island Phase 2 assessment program. Section 3.0 The non -ad valorem annual assessment initially levied at the rate of $441.00 per EDU for the Big Coppitt and Duck Key assessment programs was lowered to $271.88 per EDU in 2013. The amount actually charged in 2013 was $343.02. A credit of $71.14 per EDU was applied to outstanding balances and the annual rate of 271.88 began in 2014. The annual amount for 2017 will continue at a set rate of $271.88 per EDU. Section 4.0 The 2017 non -ad valorem annual assessment for the Cudjoe Regional Centralized assessment tax rolls are: • The annual amount for the Inner Islands tax roll which started in 2012 is set at a rate of $302.53 per EDU. • The annual amount for the Outer Islands tax roll which started in 2013 is set at a rate of $310.29 per EDU. • The annual amount for the tax roll for the parcels expanded in January 2013 within Cudjoe Regional is set at a rate of 308.93 per EDU. • The annual amount for the tax roll for the parcels expanded in June 2015 within the Inner and Outer Islands is set at a rate of 330.92 per EDU. Section 5.0 The non -ad valorem annual assessment will be levied at the rate of $329.24 per EDU for the Big Coppitt and Duck Key Supplemental Service Area assessment programs. Section 6.0 The non -ad valorem annual assessment will be levied at the rate of $330.92 per EDU for the East/West Long Key and No Name Key. Section 7.0. The assessment rolls for the above - referenced Service Areas for the upcoming fiscal year, previously approved by the Board of County Commissioners in connection with the above - referenced resolutions, are hereby approved. [remainder of page left blank] Monroe County BOCC- Annual Rate Resolution — September, 2017 Page 4 of 5 Section 8.0. The effective date of this Resolution is September 20` 2017. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 27` day of September 2017. Mayor George Neugent Mayor Pro Tern David Rice Commissioner Danny Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Monroe County BOCC- Annual Rate Resolution— September, 2017 Page 5 of 5 k jv t ' V � (Seal)`` Attest: Kevin adok, Clerk Deputy Clerk Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Monroe County BOCC- Annual Rate Resolution— September, 2017 Page 5 of 5 ., KEY WEST RECEIVED iITLN STATE OF FLORIDA SEP 2 8 z017 Coo`e Communications,K.eys Only n LLC1876 COUNTY OF MONROE Florida Keys MONROE COUNTY ATTORNEY PO Box 1800 Before the undersigned authority personally appeared Paul Clarin, who on Key West Fl 33041 oath says that he is Publisher of the Key West Citizen, a daily newspaper OffExton ion...-292-7777 published in Key West, in Monroe County, Florida;that the attached copy of Extension...x219 Fax 305-295-8025 advertisement, being a legal notice in the matter of Iegals@keysnews,com M d lic d 14W- - R.“0 it. 14...) INTERNET PUBLISHING �/ keywest.com aRA M 11 l)k Li- CO II ect WAS lct!1/i iIS$eSs 'IeAAS keysnews.com floridakeys.com key-west.com Web Design Services was published in said newspaper in the issue(s) of NEWSPAPERS S T�-•� D'� 1 ' v 17 • The Citizen Florida Keys Free Press Affiant further says that the Key West Citizen is a newspaper published in MARKETING SERVICES Key West, in said Monroe County, Florida and that the said newspaper has Commerciall Printing heretofore been continuouslypublished in said Monroe County, Florida every Mail ty, day, and has been entered as second-class mail matter at the post office in Key FLORIDA KEYS OFFICES Printing/Main Facility West, in said Monroe County, Florida, for a period of 1 year next preceding 3420 Northside Drive the first publication of the attached copy of advertisement; and affiant further Key West,FL 33040-1800 says that he has neither paid nor promised any person, firm or corporation any Tel 305-292-7777 discount, rebate, commission or refund for the purpose of securing this Fax 305-294-0768 citizen@keywest.com advertisement for publication in the said newspaper. Internet Division Tel 305-292-1880 Fax 305-294-1699 sales@keywest.com 7 Signa e of Affiant Upper Keys Office 91731 Overseas Hwy Tavernier, FL 33070 Sworn and subscribed before methis 7 dayof September, 2017 Tel 305-853-7277 P > Fax 305-853-0556 freepress@floridakeys.com r°T^ • i t."••, DAWN KANZINSKY .•i$•' ;: Notary Public: MtXPIRES:J nua 4,20�0 13 s . EXPIRES:January 4,2020 I .?RR h, Boded Thru Notary Pudic Undernri;ars 1 ka,v1j..__ Dawn Kawzinsky Expires: 1/4/2020 Notary Seal Personally Known x Produced Identification Type of Identification Produced NOTICE OF HEARING REGARDING RESOLUTION TO PEIMPOSE AND PROVIDE FOR COLLECTION OF WASTEWATER ASSESSMENTS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on September 27, 2017 at 5:05 pm in The Harvey Government Center, 1200 Truman Avenue, Key West, Monroe County, Florida, or as soon thereafter as may be heard, and on October 18, 2017 at 5:05 P.M. in the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, or as soon thereafter as may be heard, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption and subsequent ratification of the following County resolution: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CONTINUING THE ASSESSMENTS OF WASTEWATER SERVICE TO PROPERTIES IN THE BIG COPPITT,DUCK KEY,STOCK ISLAND,THE CUDJOE •REGIONAL CENTRALIZED INNER AND OUTER ISLAND SERVICE AREAS, EAST/WEST LONG KEY, NO NAME KEY, MIDDLE/BIG TORCH KEY, AND EXPANDED PARCELS WITHIN THE CUDJOE REGIONAL SERVICE AREA FOR THE 2017 TAX YEAR; AND PROVIDING AN EFFECTIVE DATE. 9y t� L.OW¢ » 3yatwm Etoek.i R171nd8.rasa -ID' CUPPItt 9.Yt :'... � a c at)oa Rceroanw t ayst<rt, Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered -* such hearings or meetings, he will need a record of the proceedings,.and that,for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. All affected property owners have a right to appear at the hearing and to file written objections with the County Commission prior to the hearing. The assessments will be collected on the ad valorem tax bill to be mailed in November 2017 as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property, which could result in a loss of title. ADA ASSISTANCE: If you are a person with a disability who needs special :ommodations in order to participate in this proceeding, please contact the CL,_inty Administrator's Office, by phoning (305)292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting;if you are hearing or voice impaired, call"711". Dated at Key West, Florida, this 25th day of September, 2017. Kevin Madok, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida September 27,2017 Key West Citizen FLORIDA KEYS KEYNOTERrp-, RECEIVED Published Twice Weekly OCT 2017 Marathon, Monroe County, Florida MONROE COUNTY ATTORNEY PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared RICHARD TAMBORRINO who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) / 7// 711/,i,�' Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 f the Florida State Statutes on Legal Official Advertisements. Richard Tamborrino, Publisher Sworn to and subscribed before me this Day of J e , 2017 No ary (SEAL) ,tifY;;•y;, BEVERLY TRAEGER •• MY COMMISSION#FF 108704 EXPIRES:April 18,2018 '14,:r k:°. Bonded Thru Notary Pubic UndenYnters . NOTICE OF HEARING REGARDING RESOLUTION TO REIMPOSE AND PROVIDE FOR COLLECTION OF WASTEWATER ASSESSMENTS • NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on September 27,2017 at 5:05 pm in The Harvey Government Center, 1200 Truman Avenue, Key West, Monroe County,Florida,or as soon thereafter as may be heard,and on October 18,2017 at 5:05 P.M.in the Marathon Government Center,2798 Overseas Highway, Marathon,Florida, or as soon thereafter as may be heard, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption and subsequent ratification of the following County resolution: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CONTINUING THE ASSESSMENTS OF WASTEWATER SERVICE TO PROPERTIES IN THE BIG COPPITT, DUCK KEY,STOCK ISLAND,THE CUDJOE REGIONAL CENTRALIZED INNER AND OUTER ISLAND SERVICE AREAS, EAST/WEST LONG KEY, NO NAME KEY, MIDDLE/BIG TORCH KEY,AND EXPANDED PARCELS WITHIN THE CUDJOE REGIONAL SERVICE AREA FOR THE 2017 TAX YEAR; AND PROVIDING AN EFFECTIVE DATE. Duck Key Syste Long ,- • Key � ,i♦ 4 Ki t hjt: System Stock,ir�'1lnd&Big r► ? + Coppitt stem • , •,�,'� ' re: Pe }. Cudjoe Regional System Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. All affected property owners have a right to appear at the hearing and to file written objections with the County Commission prior to the hearing.The assessments will be collected on the ad valorem tax bill to be mailed in November 2017 as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property, which could result in a loss of title. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call"711". Dated at Key West, Florida, this 25th day of September, 2017. Kevin Madok, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published Keynoter 9/27/17