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Resolution 567-2007 RESOLUTION NO. 567 -2007 A RESOLUTION OF MONROE COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE UNINCORPORATED AREA OF THE COUNTY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County, Florida ("County") is contemplating the imposition of special assessments for the provision of stormwater services; and WHEREAS, the County intends to use the uniform method for collecting non-ad valorem special assessments for the cost of providing stormwater services to property within the unincorporated area of 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 2008, in the same manner as provided for with ad valorem taxes; and WHEREAS, the County held a duly advertised public hearing prior to adoption of this Resolution, with proof of publication attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: 1. Commencing with the Fiscal Year beginning on October 1, 2008, 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 stormwater services. Such non-ad valorem assessments shall be levied within the unincorporated area of the County. A legal description of such area subject to the assessments is attached hereto as Exhibit B and incorporated herein by reference. 2. The County hereby determines that the levy of the assessments is needed to fund the cost of stormwater services within the unincorporated area of 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 Appraisers by January 10, 2008. 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 the Board held on the 19th day of December, 2007. Mayor Charles McCoy Mayor Pro Tem Mario Di Gennaro Commissioner Dixie Spehar Commissioner Sylvia Murphy Commissioner George Neugent (SEAL) Attest:,<DANNY L. KOLHAGE, Clerk ~~c. ~~ By: Deputy Clerk ~ c,~. LU <! c. a, CJ C.~J t__ , ~ 'm,. """ ..... r- (,) ;;;r:: ',.- ';.- ~'- L.J L-...; ~ :"'.._..J ::"';: c,.> 0 , ..'~ C:: L; ~ ~ <t 2: <::> Cl 0 ON ::;: 2 Yes Yes ...Y..eIi Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By' M'yn~""C EXHIBIT A PROOF OF PUBLICA nON [INSERT PROOF OF PUBLICATION] ftM ",.". "-- Only o.v" .. . ... 187W Cooke Communications, LLC Florida Keys Marsha F. Kirkwood Advertising Coordinator PO Box 1800 Key West FI 33041 Office... .305-292-7777 Extension...... ..x219 Fax...... .305-294-8025 leaals@kevsnews.com INTERNET PUBLISHING keywest.ccm keysnews_com floridakeys_com key-west.com Web Design Services NEWSPAPERS The Citizen Southernmost Flyer Solares Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key Largo Free Press Ocean ReetPress Seaport Log MAGAZINE The Menu Home Guide Citizen Local's Guide Paradise Keys lV Channel Guide MARKETING SERVICES Commercial Printing Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing / Main Facility 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 citizen@keywest.com Internet Division 1201 "-"'Ihite Street (Suite 103) Key West, FL 33040-3328 Tel 305-292-1880 Fax 305-294-1699 saJes@keywestcom Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 navigator@f1oridakeys.com Upper Keys Office 81549 Old Hwy PO Box 469 Islamorada, FL (MM81.5) 33036-0469 Tel 305-664-2266 Fax 305-664-8411 fraepress@floridakeys_com Ocean Reef Office 3A Barracuda Lane Key Largo, Fl 33037 Tel 305-3674911 Fax 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 of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Rorida; that the attached copy of advertisement, being a legal notice in the matter of '7/;d;;-t, r; ~ (I ~/' ~ lJ rJrl -ifjJ tI df,~ was published in said newspaper in the issue(s) of lJ~~~ A5 .; -aJ. ~ /7"ok:V? Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Rorida and that the said newspaper has heretofore been continuously published in said Monroe County, Rorida every day, and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Rorida, 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. HIl~ . Signature of Affiant ~ Sworn and subscribed before me this~ day of a dY-~L .2007 Notary Public: Marsha F. Kirk~ood ~4~ 7-~/dz::/ ~ pires: September 15, 2009 ~~"""'...A., 4 ."'.-;\::~""'!""" 'yjAF~>:1'~ F "::'~i'JWOD ~ ..~~:~\'<; ;'~<>'~_ ND!dl)' PLt~I!;; ,?,!e of FIL'mia t' ~.;,(~ .:ti".~: ;~/'y CO:!'1f):;S':'\1~: ~:/:i,i:'e5 S~p )5. 2009 ~<.'.;.~~::<<~ >~ CO,TlnliSS!On II DO 4726?0 ..,.",;"t1\~'" Bom1eu by Nclli:::.nal Notary t>,ssn ."~ ..,. _ li1JP't-lP"" -. Notary Seal Personally Known x Produced Identification Type of Identification Produced NOTttE OF INTENT TO USE UNIFORM METHOD OF COLI.EC"nNG-NON~AD VALOREM ASSESSMENTS The Bpard of County Commissioners of Monroe County, flori!la ("the County") hereby provides - notice, pursuant to Section 197.3632(3)(a), Florida S~tAllf its Intent to use the uniform method of coUectlng non-ad valorem special a5SllSsments to be levied within the unincorporated area of Monrbe County for' the cost of providlng stormwater services' commencing the fiscal year beginning on October 1, 200S and continuing each year until discontinued by the County..The County' will consider the acloption of a ,resolution electing to, use the uniform method, of collecting ,such assessments authorized by' Sectfon 191.3632, fl\lrid~ Slal~" ,at, a', pY~ ~ri" to be I)eId at 5:01 p.m. on December 19, 2007 In the Commission, CI)8I!\I)!lrs. Mirathon GoYeIJlmenl Center, , 279S Overseas HighWay, MUe Marker 50, Marathon, FL SUch 'resdlutloO wHI State the need, for the levy and will contain a legal description of 'the ,bouroda$s of the real property subject to' the levy. AU intereSled pe!sons are Invited to attend." , Pursuant to Section 286.0105, Florida StatUteS, notice is' given that If a person deddes to appeal any decision made by the Bpard, wtth respect to any matter considered at such hearings or meetings, he wiil 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. 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's Office by phoning (305) 292-4441 no later than seven (7) days prior to the date ofthe hearing. Dated at Key West, Florida this 20th day of N"""",ber, 2007. e DANNY L. KOLHAGE, Clerk ofthe Circuit Court and ex officio Clerk ofthe Soard of County Commissioners of Monroe County, Florida Nov. 25, Dec. 2, Dec. 9. Dec.IS, 2007 KWC '""" KEY S '~ ". r"",~ ';':A. .\"''1 r ; J\_J""'j I; \. 'J [5 i':'!B\l.2. Published Twice Weekly Marathon, Monroe County, Florida ~ROOF OF PUBLlCATIOti STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM 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) ~f 2C#l7kU - D,I2-/ d{;1}7 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 Kevs Kevnoter is in full comoliance with Chaoter 50 of the Florida State Statutes on Leaal and Official Advertisements. Ibed before me ,2007 ~t:1 ~~r otary /ltY ~ '''''''/. BEVERLY TRAEGER ~~.,. I'IY COMMISSION # D0542134 ~ ~ .,...... .f:>"+~ FXPIRES: Apr_ 18.2010 "on... . (407)398-0153 Florida NolaryService,Gom NOTICE OF INTENT TO USE UNIFORM ~THOD ," '.,,," "_. ',f:- c .,C. ' .. " "_, < -'.......' _,",,' _ .. .. ", ~ The Boatc:i of (;ouno/ Commissioners of Monroe c:ounty, Florida ("the County") hereby jlro"ides notice, ~,*,l-t to.$e!I~ 19'1:3632(3)(a), Florida ~,of~ iJltenttouse the imifonn mOthod of collecting noll-ad valorem specilll assessments to be levied within the unincorporated area of Monrol' C~o/ for ~ cOlltofproviding stonnw~ St<l'Vicc:s comm~ncing ~ fiscal year begin- nin~oi1~ I, ZtQ811imtcontinuing "!lIiCl )'e" until~QIlliilued by the COUlIty. The County will cOnsider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by Section 197.3632, Florida Statotes, at II public bearing to be bdd at 5:01 p.m. on Deeember 19, 2007 in tbe CO$IlIi&<IoD CblIialbers, M8tatl1oD Go\Wmnent Center, 2798 Qverseas Highway, Mile Marker SO, Marathon, FL. Such resolution will state the need for the levy and will contain a legal description of the boundaries of the -' property subject to the levy. All interested persons are invited to attend. 'PursUJUlt to Section 286.0105, Florida Statotes, notice is given that if a person decilies to appe.u any decision made by the Board with respect to any matter censidered at such hearings or meet- ings,he will nllllli a record of the proceedings, and,that, for such pJI11lOse, he may need to ensure that a verbiuim record of the proceedings is made, which rec<;>rd includes the testimony and evi- dence upon which the appe.u is to be based. . In accordance with the Americans with DisabiliQj:s Act, perSOllS needing a special accommodation or an interpreter to participate in this proceeding should contact the County Mministratllr's Office ' by phoning (305) 292-4441 no later than seven (7) days prior to the date of the hearing. Dated at Key West, Florida this 20th day of November, 2007.' ..0..'." ",-.-, " " - ',' , , DANNY L. KOUIAGE, o.rkof the Circuit Court and exoffic""CIerk of die ftI>ard of County <::onunissioners of MC:lDroe Cl>W1ty, FlOridlt Publ~~ Ke~ 1,1fl.8/07.,l'}j5/07, 12l8f(fJ.1211~ Your Upper Keys Connection THE REPORTER P.O. Box 1197' Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-0199 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared DAVID HAWKINS who on oath, says that he is DEPUTY EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising p~blished at Tavernier Monroe County, Flonda: that the attached ~opy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: ^,;tv..tt~ f.r...) 1>-#C~"", J,~jL-?1ll ........ December 14th 2007 Affiant further says that THE REPORTER is a newspaper published at Tavernier, in sa~d Monroe County, Florida, and that ~he said newspaper has heretofore been contlnuo~sly published in the said Monroe County, Flonda, each week (on Friday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate commission or refund for the purpose of sec~ring this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. ~~ Sworn to and subscribed before me this 17th day of December 2007. , NaWK.eOP.......TO U8E~_uiw OF cnn~~~I..... NON.Jm VA' - U-......W. The Board of County Commissioners of Monroe ~ FIQrida ("!he County") hereby provides notice. pursl/an1 to S8clion 197.3632(3Xa),FIorida S1alutes, of lis intent to use the unifonn method of collecting I1OII-lld valorem special asseSSI, ",nls to ~ levied within theuninoorporatedMla of Monroe Coimty for the cost of providing storrnwater S8fvices commencing the fiscal year beginning on ~1 2008. and continuing each year until dl$continued by the CounlyJ"t. The County win c:onsictllr-Ihe adoplicn efa'l88oIUliDItel8tting to use thellltiilmet!loltof C(lIIectingSllCh pm un... 8llt1orimd by Section 197.3632, FJorida.StiRile!l ill a public hearin!rb ~ heklat5:01 p.m, on,Dec:ernbl!r 19;'2OQ7 ii the comrnissk,n Chambers, Marathon Go~<Mder; 2798~ Highway, Mile Marker , 50, Marathon, FL. SllCh resoIutlon""lhlale the need for the levy and wiN contain a I !egal description of the boundaries of the real pt'operty subjecllll the levy. All interested persons ani ~ atl8rld. Pursuant to SecIloIr2l\6.0105, I'Io1lda Statutes, notice is given lh.t ff a person decides to appeal any dacisIon mIlde by the Board withre$peCl many matIer considered at suchtieallngS or 1T1eIllings, he ~ need a IlICOIIl qflhe proceedlngs, and that, for suc:l1 JlUfl1088. he moiyneed to <<lS!lnl'tha! a Vl!Itilitim IlICOIIl of the prooeedii1gs is madlI. which l8l:OIdindudes IheIesllmOny ai1d eoIfdenal U which the appeal is to ~ basEld. . pan . ,.. In accordance with II1e AmericiIns with Disabilities kit persons -needing a S/l9Cia1 accommodation or an inlelprel$r 10 participate in this prooeedii1g should contact the County Adminlsbabl's 0lIice by phoning (305) 292-4441 no later than seven (7) days prior. te the date of the hearing. '. ' , Dated at Key West, Florida lhIJ 20tI daY 0{ 1iov8mber.'2007. DANNY L. KOlHAGE, CIeIk of the Circuit Court and ex o1Iicio Clerk of the Board of .CN"""ColIlII~ofMollroe. (,~"", Florida . . ' (sEAl.'> . '. . . -" . Ad# 98045 -: 11I30I07, 12/07107;12/14/07_ The Reporter, Ta_Ier, Fl33070 \~-\~-(:)l f"'":' j ;':i-<~~- :it":T ,,>'!; ,:,C;:C:'J 22. EXHIBIT B LEGAL DESCRIPTION MONROE COUNTY, FLORIDA SECTION 7.44, FLORIDA STATUTES LESS INCORPORATED ISLAMORADA, KEY COLONY BEACH, KEY WEST, LAYTON, MARATHON