Resolution 486-2021 RESOLUTION NO. 486 - 2021
A RESOLUTION OF MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS ELECTING
TO USE THE UNIFORM METHOD OF COLLECTING
NON-AD VALOREM SPECIAL ASSESSMENTS
LEVIED WITHIN THE COUNTY WITH THE TAX
BILL ISSUED IN NOVEMBER 2022 FOR ROADWAY
IMPROVEMENTS AND SEA LEVEL RISE AND
FLOOD MITIGATION PROJECTS; STATING A
NEED FOR SUCH LEVY; PROVIDING FOR THE
MAILING OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, on February 17, 2021, Monroe County Board of County Commissioners
("BOCC") adopted Ordinance No. 002-2021 ("Ordinance"), creating an ordinance of the Board
of County Commissioners of Monroe County, Florida, relating to the imposition of Municipal
Service Benefit Units ("MSBU") for a sea level rise and flood mitigation program; allowing
for the future financing of improvements through the collection of non-ad valorem special
assessments; and
WHEREAS, under Section 197.3632(3)(a), Florida Statutes, and Section 4.01 of the
Ordinance, if Monroe County ("County")intends to collect a special assessment for the first time
in a geographic area, the County is required to adopt a resolution stating its intent prior to
January 1 prior to the tax year in which the assessment will be collected, stating the need for the
levy and the legal description of the boundaries of the real property subject to the levy; and
WHEREAS, Monroe County (the "County") is contemplating the imposition of special
assessments beginning in November 2022 in order to pay for improvements and/or operations
and maintenance costs for sea level rise and flood mitigation projects, with the boundaries of the
real property shown on Exhibit A to this Resolution, incorporated by reference; and
WHEREAS, if assessments are used for these projects, the County intends to use the
uniform method for the levy and collection of non-ad valorem special assessments, as authorized
by section 197.3632, Florida Statutes, because this method will allow such special assessments to
be collected annually commencing in November 2022; and
WHEREAS, the assessments are necessary in order to have the property owners of the
properties that receive the benefit of sea level rise and flood mitigation projects pay for
improvements and/or ongoing operations and maintenance of them; and
WHEREAS, if the County proceeds with the assessment programs, adoption of this
"notice of intent" resolution will be followed by adoption of an initial assessment resolution and
final assessment resolution, later in the Spring, which will provide specific details about (a) the
amount of the assessment, (b) which properties will be subject to the assessment, and (c) the
amount of the assessment for each individual lot or parcel; and
1
WHEREAS, Monroe County, Florida (the "County") is contemplating the
imposition of special assessments for the provision of roadway improvements, and sea
level rise and flood mitigation improvements; and
WHEREAS, the County intends to use the uniform method for collecting non-ad
valorem special assessments for the cost of providing roadway improvements, and sea
level rise and flood mitigation improvements to property within the County as authorized
by section 197.3632, Florida Statutes, as amended, because this method will allow such
special assessments to be collected annually commencing in November 2022, in the
same manner as provided for ad valorem taxes; and
WHEREAS, the County held a duly advertised public hearing prior to the
adoption of this Resolution, proof of publication of such hearing being attached hereto
as Exhibit B.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
1. Commencing with the Fiscal Year beginning on October 1, 2022, and with
the tax statement mailed for such Fiscal Year and continuing thereafter until discontinued
by the County, the County intends to use the uniform method of collecting non-ad
valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for
collecting non-ad valorem assessments for the cost of providing roadway improvements,
and sea level rise improvements. Such non-ad valorem assessments shall be levied
within the County. A legal description of such area subject to the assessment is attached
hereto as Exhibit B and incorporated by reference.
2. The County hereby determines that the levy of the assessments is needed
to fund the cost of roadway improvements, and sea level rise and flood mitigation
improvements within the County.
3. Upon adoption, the County Clerk is hereby directed to send a copy of this
Resolution by United States mail to the Florida Department of Revenue, the Monroe
County Tax Collector, and the Monroe County Property Appraiser by January 10,
2022.
4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 8th day of December 2021.
Mayor David Rice Yes
Mayor Pro Tem Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner District 3,Vacant Vacant
Commissioner Holly Merrill Raschein Yes
2
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MONROE COUNTY ATTORNEY
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CHRISTTNE LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
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EXHIBIT A
LEGAL DESCRIPTION
MONROE COUNTY,FLORIDA CHAPTER
7.44, FLORIDA STATUTES
4
EXHIBIT B
PROOF OF PUBLICATION
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The Florida Buys Only Daily Newspaper Est. 1676
PO Box ISDO,Key Kbst FL 33041
P.(305) 2 ext 2rs F'(sos) s2s
legalsCirayanews.corn
MONROE CO BOARD OF COMMISSIONERS
PO BOX 1026
KEY WEST FL 33041-1026
Account:421061 Ticket: 3819068
AFFIDAVIT
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newspaper published in Ivey West,in Monroe County,Florida;that the attached the Boardis nearing your item(s)as the
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Affiant further says that the Key West Citizen is a newspaperF01R AN E DATE.
publish in Pursuant to Section 286.0105, Florida
West,in said Monroe County,Florida and that the said newspapers has hereto- The public can participate in the Statutes, notice is n t if a
December 0 2021, m of the n ecides to appeal any decision
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