Resolution 264-2007
MONROE COUNTY, FLORIDA
BIG coppm AND DUCK KEY WASTEWATER ASSESSMENT PROGRAM
INITIAL ASSESSMENT RESOLUTION
NO. 264-2007
JULY 18,2007
SECTION 1.0l.
SECTION 1.02.
SECTION 1.03.
SECTION 2.0l.
SECTION 2.02.
SECTION 2.03.
SECTION 2.04.
SECTION 2.05.
SECTION 2.06.
SECTION 2.07.
SECTION 3.0l.
SECTION 3.02.
SECTION 3.03.
SECTION 4.0l.
SECTION 4.02.
SECTION 4.03.
TABLE OF CONTENTS
PAGE
ARTICLE I
DEFINITIONS AND CONSTRUCTION
DEFINITIONS ................................................................................... 2
INTERPRETATION ..........................................................................4
GENERAL FINDINGS ...................................................................... 5
ARTICLE II
WASTEWATER ASSESSMENTS
DESCRIPTION OF PROPERTY TO BE ASSESSED...................... 6
IMPOSITION OF ASSESSMENTS .................................................. 6
PREPAYMENT AMOUNTS .............................................................6
COMPUTATION OF ANNUAL ASSESSMENTS .......................... 6
PREPAYMENT OPTION .................................................................. 7
MANDATORY PREPA YMENT....................................................... 7
REALLOCATION UPON FUTURE SUBDIVISION ...................... 8
ARTICLE III
NOTICE AND PUBLIC HEARING
NON-AD VALOREM ASSESSMENT ROLL................................ 8
PUBLIC HEARING ........................................................................... 8
NOTICE BY PUBLICATION ........................................................... 9
ARTICLE IV
GENERAL PROVISIONS
METHOD OF COLLECTION ......................................................... 10
SEVERABILITY .............................................................................. 10
EFFECTIVE DA TE.......................................................................... 10
1
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
TABLE OF APPENDICES
DESCRIPTION OF THE BIG COPPITT MSTU
DESCRIPTION OF THE DUCK KEY MSTU
PUBLIC HEARING NOTICE TO BE PUBLISHED
FORM OF MAILED NOTICE
11
RESOLUTION NO. 264 - 2007
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RELATING TO THE PROVISION OF WASTEWATER
SERVICE TO PROPERTIES; DESCRIBING THE SYSTEM
DEVELOPMENT FEE, COLLECTION COSTS AND THE
OTHER TERMS AND CONDITIONS OF THE NON-AD
VALOREM ANNUAL WASTEWATER ASSESSMENTS;
ESTABLISHING THE AMOUNT AND TERM OF THE
ANNUAL WASTEWATER ASSESSMENT FOR EACH
PARCEL OF PROPERTY TO BE ASSESSED; DIRECTING
PREPARATION OF THE INITIAL NON-AD VALOREM
ASSESSMENT ROLL; ESTABLISHING A PUBLIC
HEARING TO CONSIDER IMPOSITION OF THE
PROPOSED WASTEWATER ASSESSMENTS AND THE
METHOD OF THEIR COLLECTION; DIRECTING THE
PROVISION OF NOTICE IN CONNECTION THEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
ARTICLE I
DEFINITIONS AND CONSTRUCTION
SECTION 1.01.
DEFINITIONS. As used in this Resolution, the following
terms shall have the following meanings, unless the context hereof otherwise requires.
"Adjusted Prepayment Amount" means the remaining Prepayment Amount for
each Tax Parcel computed by deducting (I) the portion of the system development fee
paid by the property owner as Annual Wastewater Assessments from (2) the Prepayment
Amount utilized to compute the annual Wastewater Assessment included on the Non-Ad
Valorem Assessment Roll for such Tax Parcel.
"Annual Wastewater Assessment" means the sum of (I) the Annual System
Development Fee Payment, and (2) the Collection Cost for each Tax Parcel.
"Collection Cost" means the amount computed each Fiscal Year for each Tax
Parcel that shall be equal to (I) the Prepayment Amount for such Tax Parcel divided by
the sum of the aggregate Prepayment Amount, multiplied by (2) the estimated cost to be
incurred by the County during any Fiscal Year in connection with collection of the
Wastewater Assessments, including staff administration time.
"Board" means the Board of County Commissioners of Monroe County, Florida.
"County" means Monroe County, a political subdivision of the State of Florida.
"County Administrator" means the chief administrative officer of the County,
designated by the Board to be responsible for coordinating the Wastewater Assessments,
or such person's designee.
2
"Final Assessment Resolution" means the resolution described in Section 2.06 of
the Ordinance, which shall confirm, modify or repeal this Resolution.
"Fiscal Year" means the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as may be
prescribed by law as the fiscal year for the County, which shall be the fmal proceeding
for the initial imposition of the armual wastewater assessment.
"Initial Assessment Resolution" means the resolution described in Section 2.02
of this document, which shall be the initial proceeding for identification of Collection
Costs and for imposition of an Annual Wastewater Assessment.
"Initial Prepayment" means payment of the system development fee without
interest or other Connection Costs.
"Improved Tax Parcel" means those privately owned properties which generate
wastewater and therefore will be required to connect to the Big Coppitt or Duck Key
Regional Wastewater Treatment Systems.
"Non-Ad Valorem Assessment Roll" means a non-ad valorem assessment roll,
as defmed in Section 197.3632(1)(e), Florida Statutes, approved by a Final Assessment
Resolution pursuant to Section 2.06 of this document or an armual rate resolution
pursuant to Section 2.08 of this document.
"Ordinance" means Ordinance No. 027-2003.
"Prepayment Amount" means the amount required to prepay remaining balance
of Wastewater Assessment for each Tax Parcel following certification of the Non-Ad
3
Valorem Assessment Roll for the ad valorem tax bill to be mailed in November of each
year.
"Property Appraiser" means the Monroe County Property Appraiser.
"System Development Fee" means that portion of the capital cost of the
wastewater system being assessed to each owner of a Tax Parcel, up to a maximum of
$4,500 per EDU.
"Tax Collector" means the Monroe County Tax Collector.
"Tax Parcel" means a parcel of property to which the Property Appraiser has
assigned a distinct ad valorem property tax identification number.
"Tax Roll" means the real property ad valorem tax assessment roll described in
Section 193.114(2), Florida Statutes.
"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635,
Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem
assessments on the same bill as ad valorem taxes, and any applicable regulations
promulgated thereunder.
"Utility" means Florida Keys Aqueduct Authority.
SECTION 1.02.
INTERPRETA TION.
Unless the context indicates
otherwise, words importing the singular number include the plural number, and vice
versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms
refer to this Resolution; and the term "hereafter" means after, and the term "heretofore"
means before, the effective date of this Resolution. Words of any gender include the
correlative words of the other gender, unless the sense indicates otherwise.
4
SECTION 1.03.
GENERAL FINDINGS.
It IS hereby ascertained,
determined and declared that:
(A) Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and
125.66, Florida Statutes, grant to a board of county commissioners all powers of local
self-government to perform county functions and to render services for county purposes
in a manner not inconsistent with general law, or with special law approved by vote of
the electors, and such power may be exercised by the enactment of county ordinances.
(B) The Board has enacted the Ordinance to authorize the imposition of
wastewater assessments to allow payment of the cost to provide wastewater service to be
paid over a period of years using the Uniform Assessment Collection Act.
(C) The availability of payment options that allow a property owner either to
pay an Initial Prepayment of the System Development Fee or to pay the System
Development Fee over a period of years as Annual Wastewater Assessments provides a
special benefit to property and encourages the property owner to pay the assessable
amounts on a timely basis.
(D) Since the System Development Fee and related costs are directly related to
each specific parcel of property to be assessed, the wastewater assessment program
provides an equitable method of funding the System Development Fee and related costs.
5
ARTICLE II
W ASTEW A TER ASSESSMENTS
SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED.
Wastewater Assessments shall be imposed on improved privately owned Tax Parcels in
the Big Coppitt and Duck Key Municipal Service Taxing Units (MSTUs). The
boundaries of the Big Coppitt MSTU are described in Appendix A. The boundaries of
the Duck Key MSTU are described in Appendix B.
SECTION 2.02. IMPOSITION OF ASSESSMENTS.
Wastewater
Assessments shall be imposed for a period of 20 years. The first Annual Wastewater
Assessment will be included on the ad valorem tax bill to be mailed in November 2007.
When imposed, the wastewater assessment for each Fiscal Year shall constitute a lien
upon such Tax Parcels pursuant to the Ordinance.
SECTION 2.03. PREPAYMENT AMOUNTS. In the initial year, the
amount necessary to prepay the System Development Fee in full for each Tax Parcel shall
be $4,500 per EDU. In each successive year, a Prepayment Amount for each Tax Parcel
shall be computed annually.
SECTION 2.04.
COMPUTATION OF ANNUAL ASSESSMENTS. The
Annual Wastewater Assessment shall be computed for each Tax Parcel as the sum of (I)
the Annual System Development Fee Payment, and (2) the Collection Cost. The Annual
System Development Fee Payment is computed as the unpaid balance of the System
6
Development Fee amortized together with interest up to 5% per annum, over the
remaining term for such tax parcel. The interest rate applied will be determined based on
the interest rate obtained by Monroe County to borrow funds to complete the projects.
SECTION 2.05. PREPAYMENT OPTION.
The owner of each Tax Parcel subject to the Wastewater Assessments shall be
entitled to prepay all future unpaid Annual Wastewater Assessments upon payment of an
amount equal to the sum of (I) the Annual Wastewater Assessment and (2) the Adjusted
Prepayment Amount. The amount of all prepayments made pursuant to this Section 2.05
shall be final.
SECTION 2.06.
MANDATORY PREPAYMENT.
The owner of a Tax Parcel subject to the Wastewater Assessment shall
immediately prepay all future unpaid Annual Wastewater Assessments for such Tax
Parcel if (1) the Tax Parcel is acquired by a public entity through condemnation,
negotiated sale or otherwise, or (2) a tax certificate has been issued and remains
outstanding in respect of the Tax Parcel and the County, at its sole option, elects to
accelerate the Wastewater Assessment. Failure by the property owner to comply with
this Section 2.06, will result in the remaining Prepayment Amount (plus interest
computed at the rate utilized to compute the Annual System Development Fee Payment)
being placed on the Tax Parcel's ad valorem tax bill for the next Fiscal Year, in addition
to its share of the Collection Cost and Statutory Discount.
7
SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION.
Upon subdivision of any Tax Parcel subject to the Wastewater Assessment, and
compliance with the conditions set forth below, the Prepayment Amount for such Tax
Parcel shall be reallocated among the subdivided parcels as described in the Final
Assessment Resolution
ARTICLE III
NOTICE AND PUBLIC HEARING
SECTION 3.01. NON-AD VALOREM ASSESSMENT ROLL. The County
Administrator is hereby directed to prepare the preliminary Non-Ad Valorem Assessment
Roll in the manner provided in the Ordinance. The preliminary Non-Ad Valorem
Assessment Roll shall be maintained by the County Administrator and open to public
inspection beginning August 20, 2007. The foregoing shall not be construed to require
that the Non-Ad Valorem Assessment Roll be in printed form if the amount of the
Wastewater Assessment for each Tax Parcel can be determined by use of a computer
terminal available to the public.
SECTION 3.02. PUBLIC HEARING. A public hearing will be conducted by
the Board at 5:01 p.m., or as soon thereafter as the matter can be heard, on September 10,
2007, at the County Commission Chambers in the Marathon Government Center, 2798
Overseas Highway, MM 50 (Gulf), Marathon, Florida, to consider (A) imposition of the
8
Wastewater Assessments, and (B) collection of the Wastewater Assessments pursuant to
the Uniform Assessment Collection Act.
SECTION 3.03. NOTICE BY PUBLICATION. Upon completion of the
Non-Ad Valorem Assessment Roll, the County Administrator shall publish a notice of
the public hearing authorized by Section 3.02 hereof in the manner and the time provided
in Section 2.05 of the Ordinance. Such notice shall be in substantially the form attached
hereto as Appendix C.
SECTION 3.04. NOTICE BY MAILING. In addition to the notice provided
in accordance with Section 3.03, above, at least 20 days prior to the public hearing, the
County Administrator shall mail a notice of the public hearing to each person owning
property subject to the assessment. Said notice shall be mailed by first-class mail, and
shall include all of the information required by Section 197 .3632(4 )(b), Florida Statutes.
9
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. METHOD OF COLLECTION.
The Wastewater
Assessments shall be collected pursuant to the Uniform Assessment Collection Act.
Upon adoption of a Final Assessment Resolution confirming this Resolution and
imposing the Wastewater Assessments, the Non-Ad Valorem Assessment Roll shall be
certified to the Tax Collector pursuant to the Uniform Assessment Collection Act.
SECTION 4.02. SEVERABILITY. If any clause, section or provision of this
Resolution shall be declared unconstitutional or invalid for any reason or cause, the
remaining portion of said Resolution shall be in full force and effect and be valid as if
such invalid portion thereof had not been incorporated herein.
SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
10
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 18th day of July, 2007.
Mayor Mario Di Gennaro
Mayor Pro Tern Dixie Spehar
Commissioner Charles McCoy
Commissioner George Neugent
Commissioner Sylvia Murphy
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BOARD OF COUNTY COMMISSIONERS
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MONROE COUNTY ATTORNEY
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CYNTHIA L. ALL
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11
APPENDIX A
DESCRIPTION OF THE BIG COPPITT MSTU
BIG COPPITT
Section 15.5-113 of Article VII Chapter 15.5 Monroe County Code describes the
boundaries of the Big Coppitt Municipal Service Taxing Unit as the area generally
bounded on the west by Boca Chica Channel and on the east by Shark Channel, including
Shark Key. The Big Coppitt MSTU is depicted by the "lOOB" and "1 lOB" taxing unit
boundary below.
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APPENDIX B
DESCRIPTION OF THE DUCK KEY MSTU
DUCK KEY
Section I5.5-II9A of Article VIII Chapter 15.5 Monroe County Code describes the Duck
Key Municipal Service Taxing Unit as that portion of the unincorporated County
bounded on the north by U.S. Highway 1, on the west by Tom's Harbor Chaunel, on the
South by Hawk's Chaunel, and on the East by Tom's Harbor Cut; an area commouly
known as "Duck Key, including islands known as Center Island,Harbor Island, Plantation
Island, and Yacht Club Island, but excluding Indies Island and Parcel I of RE#
00378380. The Duck Key MSTU is depicted by the "500D" taxing unit boundary below.
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APPENDIX C
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF
SPECIAL ASSESSMENTS IN THE BIG COPPITT AND DUCK KEY REGIONAL
WASTEWATER TREATMENT SERVICE AREAS
To Be Published on or before August 20, 2007:
Si necesita esta informacion en espanol por favor
de llame Monroe County a 292-4570
Notice is hereby given that the Board of County Commissioners of Monroe
County, Florida will conduct a public hearing to consider imposing special assessments
to fund the cost of construction of the wastewater system to serve improved privately
owned properties located in the Big Coppitt and Duck Key Municipal Service Taxing
Units. Figure I depicts the limits of the Big Coppitt Regional Wastewater Treatment
System to be installed to serve improved privately owned properties within the Big
Coppitt MSTU. Figure 2 depicts the limits of the Duck Key Regional Wastewater
Treatment System to be installed to serve improved privately owned properties within the
Duck Key MSTU.
The hearing will be held at 5:01 p.m., or as soon thereafter as the matter
can be heard, on September 10, 2007, at the County Commission Chambers in the
Marathon Government Center, 2798 Overseas Highway, MM 47.5 (Gulf), Marathon,
Florida, for the purpose of receiving public comment on the proposed assessments and
collection of the assessments on the ad valorem tax rolL All affected property owners
have a right to appear at the hearing and to file written objections with the County
Administrator anytime prior to the public hearing. If a person decides to appeal any
decision made by the Board with respect to any matter considered at the hearing, such
person will need a record of the proceedings and may need to ensure that a verbatim
record is made, including the testimony and evidence upon which the appeal is to be
made. In accordance with the Americans with Disabilities Act, persons needing a special
accommodation or an interpreter to participate in this proceeding should contact the
County Administrator at 305/292-4441 at least 48 hours prior to the date of the hearing.
The assessments will be collected on the ad valorem tax bill, 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 may result in a loss of title. The Board
intends to collect the assessments in installments, the first of which will be included on
the ad valorem tax bill to be mailed in November 2007. A more specific description of
the assessment program is set forth in the Initial Assessment Resolution No. 264-2007
adopted by the Board on July 18, 2007. Copies of the Initial Assessment Resolution No.
264-2007 and the preliminary Non-Ad Valorem Assessment Roll are available for
inspection at the County Administrator's office, located at The Historic Gato Cigar
Factory, 1100 Simonton Street, Suite 2-205, Key West, Florida.
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Figurel: Big Coppitt Regional Wastewater Treatment System including the Big
Coppitt, Geiger Key, Rockland, Big Coppitt, and Shark Key areas.
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Figure 2: Portion of Duck Key Regional Wastewater Treatment System including
islands known as Center Island, Harbor Island, Plantation Island, and Yacht Club
Island.
APPENDIX D
FORM OF MAILED NOTICE
. Monroe County G
Wastewater Dent. ell""
II 00 Simonton S!. - <
Suite 2-216
Key West F1. 33040 .
Board of County Commissioners
Mayor Mario Di Gennaro, Dist. 4
Mayor Pro Tern Dixie Spehar, Dis!. I
George Neugent, Dis!. 2
Charles McCoy, Dis!. 3
Sylvia Murphy, Dist. 5
<<OwnerNamel>>
<<OwnerName2>>
<<OwnerAddb>
<<OwnerAdd2>>
<<City>> <<State>> <<Zip>> <<COUNTRy"
Sequence Number: MW-(<SeqNUlID>
Notice Date: July 27,2007
Re: Notice of Wastewater Non-Ad Valorem Assessments
Dear Property Owner:
As you may know, Monroe County and the Florida Keys Aqueduct Authority (FKAA) are in the process of
installing central wastewater treatment systems in the Big Coppitt and Duck Key areas. Property owners have the
option to pay the System Development Fee for these services as one lump sum (Prepayment) or in installments
(Wastewater Assessment) financed over twenty years and collected on the ad valorem tax bill as a non-ad valorem
assessment.
Each single fumily dwelling unit has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for
non-residential properties is based on water consumption. The EDU Allocation for commercial property is
calculated by using the highest three month average water consumption and dividing it by the average monthly
water consumption for a residential unit. If you feel there is a mistake on this notice, you need to request an EDU
Allocation review. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations> 1.1 to
the FKAA Marathon office by Augnst 15,2007. Contact FKAA's Customer Service at 305-295-2178 to obtain a
Wastewater Appeal form, or download it from www./kaa.com/forms.cfin or http://Ikaa.com/forms.cfin.
The EOU Allocation for the above parcel is: Parcel EOU: <<EDU>>
The lump sum System Development Fee for the above parcel is <MBinsert calc: 45OOxEOU>. It is anticipated
that the Prepayment will be due in mid-September 2007, if you decide to prepay.
Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the
System Development Fee over 20 years on the property tax bill. No action is required on your part to elect this
option. The total assessment revenue to be generated including the financing costs (if there are no prepayments)
over the entire 20 year period is approximately $_. The County intends to include annual assessments on your
ad valorem tax bill. Failure to pay your assessments will cause a tax certificate to be issued against the property
which may result in a loss of title.
The estimated Annual Wastewater Assessment for the above parcel is: <MBinsert max annual>
You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for September 10,
2007 at 5:01 pm at the Marathon Government Center, 2798 Overseas Highway (MM 50), Marathon, FL 33050.
The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at
http://monroecofl.virtualtownhaIl.net/Pages/MonroeCoFL_BOCC/agendas. All affected property owners have a
right to appear at the hearing and to file written objections with the County Administrator anytime prior to the
public hearing. If you decide to appeal any decision made by the County Commission with respect to any matter
considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record
is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the
10f2
Americans with Disabilities Act, if you are a person with a disability who needs any accommodation or an
interpreter to participate in this proceeding, contact the County Administrator at (305) 292-4441 at least 48 hours
prior to the date of the hearing.
Once construction is complete and wastewater service becomes available, owners of properties with water service
will be required to connect properties to the regional wastewater treatment system within 30 days of receipt of a
mandatory connection notice. This notice satisfies the statutory requirement for notice of the requirement to connect
to the regional wastewater treatment system once service becomes available. It is anticipated that 30 day connection
notices will be sent for Big Coppin beginning in December 08 and for Duck Key Beginning in August 09. Property
owner responsibilities including construction of on-site pipes, abandonment of on-site systems, permitting and
related tasks to complete the connection will be detailed in the connection notice. The on-site costs described above
are in addition to the System Development Fee. Additional information about wastewater projects will be included
in future notices. Contact FKAA at 305-295-2178 with questions regarding the connection process.
20f2