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Resolution 635-2006 RESOLUTION NO. 635-2006 5 0 z > :u("')z O,-::r:: rt'lA--: no r f~ ~ ~~~ ...... <=> ..., <=> ... '- ,- :>>- i'1 Z 0 , -" U) (::J ;;0 ~ :~':): :z: iq - c) .. 0 (.II ;:0 N c:1 A RESOLUTION OF MONROE COUNTY, FLORIDA ELECTING TO USE THE UNIFORM;;::::;'~ METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED-.,' y.. WITHIN THE UNINCORPORATED AREA OF THE COUNTY; STATING A NEED FOR'- ~-;; SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; ANo.l> PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County, Florida (the "County") is contemplating the imposition of special assessments for the provision of wastewater utility services; and WHEREAS, the County intends to use the uniform method for collecting non-ad valorem special assessments for the cost of providing wastewater utility services to properties within the Duck Key, Cudjoe-Summerland, Big Coppitt Key, and Stock Island Phase II Wastewater Service Areas 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 2007, 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 A. NOW, THEREFORE BE IT RESOLVED: 1. Commencing with the Fiscal Year beginning on October 1, 2007, and with the tax statement mailed for such Fiscal Year, 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 wastewater utility services. Such non-ad valorem assessments shall be levied within the Duck Key, Cudjoe-Summerland, Big Cop pitt Key, and Stock Island Phase II Wastewater Service Areas. 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 wastewater utility services within the Duck Key, Cudjoe-Summeriand, Big Cop pitt Key, and Stock Island Phase II Wastewater Service Areas. 3. Upon adoption, the County Clerk is hereby directed to send a copy of this Resolution by United States maii to the Florida Department of Revenue, the Monroe County Tax Collector, and the Monroe County Property Appraiser by January 10, 2007. 4. This Resoiution shall be effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the Xlth day of December , 2006. Mayor Mario Di Gennaro Mayor Pro Tem Dixie M. Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy ~ .yea Yes ~ yes Attest: DANNY L. KOLHAGE, CLERK By: .fha.&;C. ~ Deputy Clerk BOARD OF COUNTY COMM SSIONERS :; M~)tl IDA MAYOR (SEAL) MONROE COUNTY ATTORNEY APPROVED AS TO RM' , r--_... . SUSAN M. GRI LEV "7 ASSISTANT COUNT TTORNEY Oatel::z... - r r - .:l CI ,....-, EXHIBIT A PROOF OF PUBLICATION NOTICE OF INTENT TO USE UNIFORM METHOD OF COM..EC:rING NON-AD VALOREM-ASSESSMENts The Board 01 County Commissioners 01 Monroe County, Florida ("Ihe County") hereby provides notice, pursuant to Section 197.3632(3)(a), Florida Stalutes, of its intent to use the uniform method ot collecting non-ad valorem Special assessmenls, for the cosl of proViding cerlain Wastoweler capllal improvements end connections, to be levied within the unincorporaled area at Monroe County encompassing the Duck Key, Cudjoe Key, SUmmerland Key, Big Coppltt Key, andSloei< Island Phase Ii Wastewater Service Areas for the fiscal year beginning on October " 2007 and Continuing each year unW discontinued by the C<>unty. The County will COnsider the adoption of a resolullon elecling to uSe the uniform method 01 collecting such assessments euthorlzed by Section 197,3632, Florida Stelutes, at a public heerlng 10 be held el 5:01 p.m. on December 20, 2006 In Ihe CommIssion Chembers, Meralhon Government Center, 2798 averseao Hfghwoy, Mile Morker 50, Maralhon, FL Such resolution will state the need for Ihe levy end will contafn a logel descriplion of the boundaries of the real property subject to the levy. All interested persons are invited to attend. In Ihe event any person decides to appeal any decision by tho C<>unty wilh respect to any matter relaUng to the conslderallon of the resolution al the above-referenced public hearing, a record 01 Ihe proceeding may be needed and in such en event, such person may need 10 ensure that a verbatim record of the publiC hearing Is made, which record InclUdes the testimony and evidence on Which fhe appeal is to be based. In accordance with the Americans with Disabilities Act. persons needing a special accommodation or an interpratar to participate in this prOCeeding should confact the County Administrato~s Office by phoning (306) 292-4441 no iater than aeven (7) days prior to the date of the hearing. Pursuanl to Section 286.01 05, 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 verbaUm record of the proceedings is made, whIch record Incrudes the testimony and evidence upon which the appeal Is to be based. Dated at Key West, Florida thIs 9th day of NovemberJ 2006, November 19 & 26,2006 KWc December 3, 10& 17, 2006/<WC DANNY L. KOLHAGE, Clerk of Ihe Circuit Court and ex officio Clerk of the Board of County CommissIoners of Monroe County, Florida FLORIDA KEYS OFFICES Printing' Main Facility 3420 Northside Drive KeyVVest.FL 3S040-1800 Tel 305-292-7777 Fax 305.294.0766 cltlzen@keyw~t.(:om --"', ~d Randy G, Erickson, who g Operations of the Key Nest, in Monroe County, 'inga~al~t ~~ ~ in said newspaper in the ~ 1- -o...'J"~ . ,- I newspaper published in Key lat the said newspaper has Ionroe County, Florida every It the post office in Key West, year next preceding the frrst ,. and affiant further says that , . 1 or corporation any diSCOunt, ecuring this advertisement for Iflj) Signature of Affiant Sworn and subscribed before me this~ day of O.-P'/'~4.-2006 Internet Division 1201 Wllte Street (Suite 103) Key'Nesl, FL 33<M0-3328 Tel 3050292-1880 Fax 305-294-1699 sales@:key.>lest.<:orn Notary Public: MIddle Keys Office B3E130verselilsHwy MDl'athon, FL {MM 52,5} 33050-3342 Tel 305-743-8766 Fax30S-743-9977 nclViglillQr@floridlilkeys,com ;::Z:OOr:~ Expires: September 15,2009 Upper Keys Office 51549 Old Hwy PO Box 469 lslamorada, FL{MM61.S) 3_s Tel 305-564-2266 F&I(305-664-8411 freepressOnon'dakeys.<:om Ocean Reef Office 3A Barracuda. Lane Key Largo, FL 3ao37 Tel 305-367-4911 FB>C30S-367-2191 Personally Known x Produced Identifrcation Type ofIdentifrcation Produced ru,.,..JAo...,~,~ ~;~~;Afr:Sr!AF hlkl,W00D i~~~'~t;-,., Not"v i:-'ublic _ Stale of Florida "r' -~-- . , . .. 2009 ~O;'.'~ ";\\':;(. ',' "it I' CO'TI"lisc.lc.tl EXP. lresSep 1:), = 'I ",.~ I, " -20'0 ~:.~ }il!A'" .,j ClJmm:~sioll ,i DO ,II .. ~':.:~,;,~~~ 8nno'p,d B" NStioM! Nolary Assn. 'I"i"",' "oJ", _ F ~~~-w-.a ~_ Notary Seal ~. '"~ '@i" ales 0 , iUIA!2is'luell~ j~~ ~ ~:~l ( -" -.,~_.;l!'r",C""- .-,- !C - Marsha F. Kirkwood Advertising Coordinator PO Box 1800 Key West FI 33041 Office... ...... .305-292-7777 Extension............... .x219 Fax......... ".. .305.294-8025 leaalsllilkevsnews.com INTERNET PUBLISHING kG)W6Sl..com keysnews,com f1cridakeys.com key-west.com V'lab Desrgn Services NEWSPAPERS TheCdi;zen SouIhemmosl F!~r Solares HIli Big PJI"Ill Free Pre" Maralhon Free Press Islamorada Free Press KeyLa/gOFreePress Ooe.an Reef PreSil Seaport Log MAGAZINE TheMl!ll1u Home Guide Citizen Local's Guide Paradise Keys "TV ChaMeJ Guida MARKETING SERVICES Commercial Printing Citizen Locals Card DlrectMail FLORIDA KEYS OFFICES PrlnUng I Main Facility 3420 Northside Drive Key Wes~ FL 33040..1800 Tel 305-292-7777 F8JC.305-294-0768 cltizen@keywestCQm Internet Division 1201 Wlite S!reet (Sllite 103) Key West, Fl 33040-3328 Tel 305-292-1880 Fax 305-294.1899 saresl@keywest.com Middle Keys Office 6363 Overseas Hwy M..alhOll, FL (MM 52.5) 33050-3342 Tel 305.743-8766 Fax 305-74309977 navigatorCftOrldakeys,com Upper Key,; Office 81549 Old Hwy PO Box 469 Islamarad., FL (MMB1.5) 33036-0469 Tel 3Q5..664.2266 Fwc 30s.664-8411 frEJePress@floridakeyscom OCGan Reef Office 3A Barracuda Lane Key Largo, Fl33037 TeI3Q5.367";911 F8l(305-367-2191 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice-President of Advertising Operations ofthe Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that e hed copy of a verti ement, being a Ie a! (10 ice in the matt r of In e issues of }:::..WC- -:j Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and 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. Court, as pu lished in said newspaper in the 7;7,.,.". /<; <? ~(, <I-- -f2 ;J"~./".pA . =? . #fa Signature of Mfiant Sworn and subscribed before me thisL day of 7J-f'f~~2006 Notary Public: ~~~__~.,."",m....:!f.&.d...~,~ ! J ..\.,,,,,' M f.J1J:.r-:Si-\AF. 1\lkI\WOCiD "J {.;~~'rt, P0~'\ Nolan' hlblic. St€.iQ of Florida ~ t"["jJ~~.' ' .1~'111 Comr:ls::;C'" Exp irl'!'S Sep 15.2009 ~. ~ :-,'... ;:\-., \~, 'A. ~'f Commi~sioJl -# OD d72620 ",J:,;?tfl\'J>~ aoodPd By National Notary Assn, ~,~........tP:W _.... _ ......~ Marsha F. Kirkwood >>J~.~'~~ Expires: September 15, 2009 Notary Sea! Personally Known x Produced Identification Type of Identification Produced EXHIBIT B BIG COPPITT WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Boca Chlca Channel, on the east by Shark Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean (between Mile Markers 7 and 11), Monroe County, Florida. CUDJOE - SUMMERLAND WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Harris Channel and on the east by Niles Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean (Between Mile Markers 16 and 26). DUCK KEY WASTEWATER SERVICE AREA That portion of the unincorporated County bounded on the north by U.S. Highway 1, on the west by Tom's Harbor Channel, on the South by Hawk's Channel, and on the East by Tom's Harbor Cut; an area commonly known as "Duck Key", including islands known as Center Island, Harbor Island, Plantation Island, and Yacht Club Island, but excluding Indies Island. STOCK ISLAND WASTEWATER SERVICE AREA All of Stock Island located south of the centerline of US Highway NO.1 (State Road No.5), and lying east of Cow Key Channel and west of Boca Chica Channel.