Item C1
r\.
BOARD OF COUNTY CQMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
September 4, 2002
Division:
County Attorney
AGENDA ITEM WORDING:
Approval of an ordinance creating the Breezeswept Beach Estates Municipal Service
Culvert District with authority to levy a one time per lot assessment of approximately
$670 for acquisition of land and installation of a culvert to improve the water quality
of the seventeen canals within the District; approval of advertising 4 times a. public
hearing for a Resolution directing the Clerk to send certified copy of Resolution to
Property Appraiser, Tax Collector, and Florida Department of Revenue; approval of
placement on the ballot at the General Election in Monroe County to be held on
November 5, 2002, the referendum question: Should there be created within the
Breezeswept Beach Estates Subdivision the Breezeswept Beach Estates Municipal
Service Culvert District with authority to levy a one time per lot assessment of
approximately $670 for the Installation of a culvert to improve the water quality of
the seventeen canals within the District?
ITEM BACKGROUND:
Homeowners in subdivision have requested, by vote of Homeowners Association, placement of
referendum on general election ballot.
PREVIOUS RELEVANT BOCC ACTION:
May 16, 2002, and August 21, 2002 approval to advertise public hearing.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY: County Attorne~MB/purchaSlng 0
Risk Management 0
DOCUMENTATION:
Included 0
DIVISION DIRECTOR APPROVAL:
AGENDA ITEM # G I
Board of County Commissioners
ORDINANCE NO.
- 2002
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, CREATING THE BREEZESWEPT BEACH
ESTATES MUNICIPAL SERVICE CULVERT DISTRICT WITH AUTHORITY
TO LEVY A ONE TIME PER LOT ASSESSMENT OF APPROXIMATELY
$670 FOR ACQUISITION OF LAND AND INSTALLATION OF A CULVERT
TO IMPROVE THE WATER QUAUTY OF THE SEVENTEEN CANALS
WITHIN THE DISTRICT; PROVIDING THAT THE ASSESSMENTS MAY
BE COLLECTED AS NON-AD VALOREM ASSESSMENTS OR AD VALOREM
ASSESSMENTS; PROVIDING FOR SEVERABIUTY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES: AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA that:
Section 1. The Breezeswept Beach Estates Municipal Service Culvert District
(hereafter District) is created under Sec. 125.01(1)(q) and (r), Fla. Stat. The District
consists of the Breezeswept Beach Estates Subdivision, Plat Book 4 at Page 143, less Block
19, Lots 1 - 99. The Monroe County Board of County Commissioners has determined that
the real property in the District will be spec/ally benefited by the improvements described In
Section 3.
Section 2. The governing body of the District is the Monroe County Board of
County Commissioners. The Chairman of the governing body is the Mayor.
Section 3. The District purpose is to Improve the water circulation and quality of
the canals located in the District through installation of a culvert under West Indies Drive
and Block 19, Lot 32 of Breezeswept Beach Estates Subdivision. The governing body has
all the authority granted by general law necessary to carry out the District purpose
including borrowing funds through the sale of District tax anticipation notes or warrants.
Section 4. The estimated cost of the acquisition of land and the installation of a
culvert, including design and administrative cost, required to improve the water circulation
in the District canals is approximately $336,000. That estimate, when broken down on a
per lot basis, is approximately $670 per lot. Therefore, each lot in the District Is to be
assessed the amount of $670, without regard to lot ownership unless the owner is exempt
under state law. The per lot assessment may be Increased by the sum necessary to cover
the expense of borrowing the estimated installation costs through tax anticipation notes or
warrants if the governing body so elects. The District assessments may be collected as
non-ad valorem assessments or as ad valorem assessments by Florida Statute. The
method of assessment shall be set by resolution of the Board of County Commissioners.
In addition, the District budget must be approved under all general laws applicable to the
adoption and preparation of county budgets.
Section 5. The District funds must be received, held and secured by the Clerk of
the Circuit Court in the same way as other County funds. The District funds must be
maintained in a separate account and may only be used for the purposes authorized by this
ordinance. The District funds may only be disbursed on the direction of the governing body
under a requisition signed by the Chairperson/Mayor and countersigned by the Clerk.
Section 6. If any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity .
Section 7. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 8. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 9. This ordinance must be filed in the Office of the Secretary of State of
the State of Florida, but will not take effect until a referendum approving the ordinance has
been passed by a majority of the electors of the District voting in the referendum, and an
easement for the proposed culvert has been granted and recorded in the Official Records of
Monroe County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the day of , 2002.
Mayor Charles McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
jdTDord
BY
ANNE } 1;TTON
"ATl'_. ~ ~ 01-
NOTICE OF REFERENDUM
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the Board of County Commissioners of
Monroe County, Florida, have caused to be placed on the ballot at the General Election In Monroe
County to be held on November 5, 2002, the following referendum question:
CREATION OF BREEZESWEPT BEACH ESTATES
MUNICIPAL SERVICE CULVERT DISTRICT
TO IMPROVE DISTRICT CANAL WATER QUAUTY
"SHOULD THERE BE CREATED WITHIN THE BREEZESWEPT BEACH ESTATES
SUBDMSION THE BREEZESWEPT BEACH ESTATES MUNICIPAL SERVICE CULVERT
DISTRICT WITH AUTHORITY TO LEVY A ONE TIME PER LOT ASSESSMENT OF
APPROXIMATELY $670 FOR THE INSTALLATION OF A CULVERT TO IMPROVE THE
WATER QUAUTY OF THE SEVENTEEN CANALS WITHIN THE DISTRICT?"
YES for the creation of the District
NO against the creation of the District
Only those electors residing In the Breezeswept Beach Estates Subdivision less Block 19, Lots 1 _
99, may vote in the referendum.
Avisase a los interesados quienes por la presente vieren, que la Junta de Comisionados del Condado
de Monroe, la Florida, ha determinado someter a votacion durante los Comlcios Generales, que
tendran lugar el 5 de noviembre, 2002, el siguiente asunto en referendum:
LA CREACION DEL DISTRITO DE SERVICIO MUNICIPAL DE
DESAGUE DE BREEZESWEPT BEACH ESTATES PARA MEJORAR
LA CAUDAD DEL AGUA EN LOS CANALES DEL DISTRITO
" DEBERA CREARSE, DENTRO DE LA URBANIZACION BREEZESWEPT BEACH ESTATES,
EL DISTRITO DE SERVICIO MUNICIPAL DE DESAGUE DE BREEZESWEPT BEACH
ESTATES, CON AUTORIDAD PARA GRAVAR, UNA SOLA Y UNICA VEZ, UN IMPUESTO
POR PARCELA DE APROXIMADAMENTE $670 PARA LA CONSTRUCCION DE DESAGUES
DE DRANAJE PARA MEJORAR LA CAUDAD DE AGUA EN LOS CANALES DENTRO DEL
REFERIDO DISTRITO?"
SI para la creacion del distrito
NO en contra de la creacion del dlstrito
Solamento aquelJos votantes resldentes en la Urbanizacion Breezeswept Beach Estates, menos
parcelas 1 - 99 en Bloque 19, padran votar en el referendum.
DATED at Key West, Florida, this
day of
, 2002.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
~~+'p'
Board of County Commissioners ..(
RESOLUTION NO.
-2002
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA TO USE THE UNIFORM AD VALOREM
METHOD FOR THE COLLECTION OF ASSESSMENTS IN THE
BREEZESWEPT BEACH ESTATES SUBDIVISION MUNICIPAL SERVICE
CULVERT DISTRICT AND STATING THE REASON THEREFOR
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. The Board of County Commissioners as the governing body of the
Breezeswept Beach Estates Subdivision Municipal Service Culvert District (District) declares
its Intent to use the uniform ad valorem method for the collection of non-ad valorem
assessments as authorized by Sec. 197.3632, Fla. Stat., or ad valorem assessments as
authorized by Sec. 200.066, Fla. Stat. The assessments will be levied against non-exempt
real property within the District. The District Is more particularly described as follows:
Breezeswept Beach Estates Subdivision as recorded in Plat Book 4 at Page 143, less Block
19, Lots 1 - 99.
Section 2. The canal water quality within the District is poor. The levy Is needed to
finance the installation of a culvert under West Indies Drive and Block 19, Lot 32 of
Breezeswept Beach Estates Subdivision, to improve the circulation of water In the canals of
the District and hence to improve water quality.
Section 3. The Clerk is directed to send certified copies of this Resolution by
January 1, 2003, to:
a) The Property Appraiser
b) The Tax Collector
c) The Florida Department of Revenue
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of bee. ,
2002.
Mayor Charles McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
jdTORes
BY
ZANj(A~TTON
DATE ~ 0 n-
Dependents Per Pay Period Per Month
1 11 0 $238
2 130 $282
3 130 $282
Proposed Per Pay Period Per Month
120 $260
140 $303
160 $347
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 4, 2002
Division: County Attorney
AGENDA ITEM WORDING: Approval of an Ordinance creating the Breezeswept Beach
Estates Municipal Service Culvert District with authority to levy a one time per lot
assessment of approximately $670 for acquisition of land and installation of a culvert to
improve the water quality of the seventeen canals within the District; approval of Resolution
directing the Clerk to send certified copy of Resolution to Property Appraiser, Tax Collector,
and Florida Department of Revenue; approval of placement on the ballot at the General
Election in Monroe County to be held on November 5, 2002, the referendum question:
Should there be created within the Breezeswept Beach Estates Subdivision the Breezeswept
Beach Estates Municipal Service Culvert District with authority to levy a one time per lot
assessment of approximately $670 for the installation of a culvert to improve the water
quality of the seventeen canals within the District?
ITEM BACKGROUND: Homeowners in subdivision have requested, by vote of
Homeowners Association, placement of referendum on general election ballot.
PREVIOUS RELEVANT BOCC ACTION: May 16, 2002, and August 21, 2002 approval
to advertise public hearing.
STAFF RECOMMENDAnON:
Approval.
CONTRACT I AGREEMENT CHANGES:
TOTAL COST:
BUDGETED: Yes
No
Cost to County:
APPROVED BY:
County Attorney
x
OMB/Purchasing
Risk Management
DIVISION DIRECTOR APPROVA~
DOCUMENTAnON: Included _x _ To Follow _ Not required
AGENDA ITEM #
C/
Board of County Commissioners
ORDINANCE NO.
- 2002
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, CREATING THE BREEZESWEPT BEACH
ESTATES MUNICIPAL SERVICE CULVERT DISTRICT WITH AUTHORITY
TO LEVY A ONE TIME PER LOT ASSESSMENT OF APPROXIMATELY
$670 FOR ACQUISITION OF LAND AND INSTALLATION OF A CULVERT
TO IMPROVE THE, WATER QUAUTY OF THE SEVENTEEN CANALS
WITHIN THE DISTRICT; PROVIDING THAT THE ASSESSMENTS MAY
BE COLLECTED AS NON-AD VALOREM ASSESSMENTS OR AD VALOREM
ASSESSMENTS; PROVIDING FOR SEVERABIUTY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES: AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA that:
Section 1. The Breezeswept Beach Estates Municipal Service Culvert District
(hereafter District) is created under Sec. 125.01(1)(q) and (r), Fla. Stat. The District
consists of the Breezeswept Beach Estates Subdivision, Plat Book 4 at Page 143. The
Monroe County Board of County Commissioners has determined that the real property in
the District will be specially benefited by the improvements described in Section 3.
Section 2. The governing body of the District is the Monroe County Board of
County Commissioners. The Chairman of the governing body is the Mayor.
Section 3. The District purpose is to improve the water circulation and quality of
the canals located in the District through installation of a culvert under West Indies Drive
and Block 19, Lot 32 of Breezeswept Beach Estates Subdivision. The governing body has
all the authority granted by general law necessary to carry out the District purpose
including borrowing funds through the sale of District tax anticipation notes or warrants.
Section 4. The estimated cost of the acquisition of land and the Installation of a
culvert, including design and administrative cost, required to improve the water circulation
in the District canals is approXimately $336,000. That estimate, when broken down on a
per lot basis, is approximately $670 per lot. Therefore, each lot in the District is to be
assessed the amount of $670, without regard to lot ownership unless the owner is exempt
under state law. The per lot assessment may be increased by the sum necessary to cover
the expense of borrowing the estimated Installation costs through tax anticipation notes or
warrants if the governing body so elects. The District assessments may be collected as
non-ad valorem assessments or as ad valorem assessments by Florida Statute. The
method of assessment shall be set by resolution of the Board of County Commissioners.
In addition, the District budget must be approved under all general laws applicable to the
adoption and preparation of county budgets.
Section 5. The District funds must be received, held and secured by the Clerk of
the Circuit Court in the same way as other County funds. The District funds must be
m'aintained in a separate account and may only be used for the purposes authorized by this
ordinance. The District funds may only be disbursed on the direction of the governing body
under a requisition signed by the Chairperson/Mayor and countersigned by the Clerk.
Section 6. If any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity .
Section 7. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 8. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 9. This ordinance must be filed in the Office of the Secretary of State of
the State of Florida, but will not take effect until a referendum approving the ordinance has
been passed by a majority of the electors of the District voting in the referendum, and an
easement for the proposed culvert has been granted and recorded in the Official Records of
Monroe County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the day of , 2002.
Mayor Charles McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
jdTDord
BY SUZANNE ~6%:
~'Tr:~_ ~ I
Board of County Commissioners
RESOLunON NO.
-2002
A RESOLUnON OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA TO USE THE UNIFORM AD VALOREM
METHOD FOR THE COLLECTION OF ASSESSMENTS IN THE
BREEZESWEPT BEACH ESTATES SUBDIVISION MUNICIPAL SERVICE
CULVERT DISTRICT AND STAnNG THE REASON THEREFOR
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. The Board of County Commissioners as the governing body of the
Breezeswept Beach Estates Subdivision Municipal Service Culvert District (District) declares
its intent to use the uniform ad valorem method for the collection of non-ad valorem
assessments as authorized by Sec. 197.3632, Fla. Stat., or ad valorem assessments as
authorized by Sec. 200.066, Fla. Stat. The assessments will be levied against non-exempt
real property within the District. The District is more particularly described as follows:
Breezeswept Beach Estates Subdivision as recorded in Plat Book 4 at Page 143.
Section 2. The canal water quality within the District is poor. The levy is needed to
finance the installation of a culvert under West Indies Drive and Block 19, Lot 32 of
Breezeswept Beach Estates Subdivision, to Improve the circulation of water in the canals of
the District and hence to improve water quality.
Section 3. The Clerk is directed to send certified copies of this Resolution by
September 2, 2002, to:
a) The Property Appraiser
b) The Tax Collector
c) The Florida Department of Revenue
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of
2002.
Mayor Charles McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
jdTDRes
BY
~NNE % HUhON
f"'l"TE ~ 4 2--
NOTICE OF REFERENDUM
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the Board of County Commissioners of
Monroe County, Florida, have caused to be placed on the ballot at the General Election in Monroe
County to be held on November 5, 2002, the following referendum question:
CREATION OF BREEZESWEPT BEACH ESTATES
MUNICIPAL SERVICE CULVERT DISTRICT
TO IMPROVE DISTRICT CANAL WATER QUALITY
"SHOULD THERE BE. CREATED WITHIN THE BREEZESWEPT BEACH ESTATES
SUBDIVISION THE BREEZESWEPT BEACH ESTATES MUNICIPAL SERVICE CULVERT
DISTRICT WITH AUTHORI1Y TO LEVY A ONE TIME PER LOT ASSESSMENT OF
APPROXIMATELY $670 FOR THE INSTALLATION OF A CULVERT TO IMPROVE THE
WATER QUALITY OF THE SEVENTEEN CANALS WITHIN THE DISTRICT?R
YES for the creation of the District
NO against the creation of the District
Only those electors residing in the Breezeswept Beach Estates Subdivision may vote in the
referendum.
Avlsase a los interesados quienes por la presente vieren, que la Junta de Comisionados del Condado
de Monroe, la Florida, ha determinado someter a votacion durante los Comlcios Generales, que
tendran lugar el 5 de novlembre, 2002, el siguiente asunto en referendum:
LA CREACION DEL DISTRITO DE SERVICIO MUNICIPAL DE
DESAGUE DE BREEZESWEPT BEACH ESTATES PARA MEJORAR
LA CAUDAD DEL AGUA EN LOS CANALES DEL DISTRITO
" DEBERA CREARSE, DENTRO DE LA URBANIZACION BREEZESWEPT BEACH ESTATES,
EL DISTRITO DE SERVICIO MUNICIPAL DE DESAGUE DE BREEZES WEPT BEACH
ESTATES, CON AUTORIDAD PARA GRAVAR, UNA SOLA Y UNICA VEZ, UN IMPUESTO
POR PARCELA DE APROXIMADAMENTE $670 PARA LA CONSTRUCCION DE DESAGUES
DE DRANAJE PARA MEJORAR LA CAUDAD DE AGUA EN LOS CANALES DENTRO DEL
REFERIDO DISTRITO?"
SI para la creacion del distrito
NO en contra de la creacion del distrito
Solamento aquellos votantes resldentes en la Urbanlzadon Breezeswept Beach Estates padran votar
en el referendum.
DATED at Key West, Florida, this
day of
, 2002.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida