Item G3LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date:Division:
May 21, 2008 Land Authority
Bulk Item:Contact / Phone #:
Yes No X Mark Rosch / 295-5180
__________________________________________________________________________________
Agenda Item Wording:
Approval of a resolution authorizing staff to request exemptions from
assessments levied by the Key Largo Wastewater Treatment District on properties acquired for
purposes other than development.
__________________________________________________________________________________
Item Background:
The Key Largo Wastewater Treatment District imposes special assessments on
those properties proposed to be connected to KLWTD wastewater treatment facilities. Some properties
within the KLWTD service area are environmentally sensitive lands owned by the Land Authority that
will not be developed and therefore will not be connected to the wastewater system. To address these
types of situations, KLWTD offers a process by which property owners may apply for and receive an
exemption from assessments. The proposed resolution authorizes staff to request exemptions and to
execute the associated exemption documentation for those Land Authority properties which will not be
developed, such as Tier I, Tier III-A, and wetland properties acquired for conservation or the protection
of private property rights.
The KLWTD exemption documentation includes a notice that in the event an exempted property is
developed in the future and requires connection to KLWTD wastewater treatment facilities, the cost of
connecting at that future date is expected to be higher than the current cost.
The County Attorney’s Office has prepared a similar resolution for those properties titled in the Board of
County Commissioners.
__________________________________________________________________________________
Advisory Committee Action:
None.
__________________________________________________________________________________
Previous Governing Board Action:
None.
__________________________________________________________________________________
Contract/Agreement Changes:
None.
__________________________________________________________________________________
Staff Recommendation:
Approval.
__________________________________________________________________________________
Total Cost:Budgeted:
N/A Yes No.
Cost to Land Authority:Source of Funds:
N/A N/A
Approved By:
Attorney X County Land Steward .
Documentation:
Included: X To Follow: Not Required: .
Disposition:
Agenda Item ____
RESOLUTION NO. ________
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
STAFF TO REQUEST EXEMPTIONS FROM ASSESSMENTS
LEVIED BY THE KEY LARGO WASTEWATER TREATMENT
DISTRICT ON PROPERTIES ACQUIRED FOR PURPOSES
OTHER THAN DEVELOPMENT.
______________________________________________
WHEREAS, as it progresses on its system projects, Key Largo Wastewater Treatment District
(KLWTD) is imposing special assessments on those properties to be served by KLWTD
wastewater treatment facilities; and
WHEREAS, some of the properties owned by the Monroe County Comprehensive Plan Land
Authority (hereinafter “Land Authority”) within the KLWTD service area are not expected to be
developed, generate wastewater, nor benefit from wastewater treatment service; and
WHEREAS, KLWTD has a procedure by which the Land Authority may request an exemption
from wastewater assessments for said properties; and
WHEREAS, the Land Authority understands and acknowledges that in the event an exempted
property is later developed in a manner requiring connection to the KLWTD wastewater
treatment system, the Land Authority shall be required to pay to KLWTD all direct and indirect
costs and expenses, including but not limited to, an amount fairly representing the special
benefit the property will receive, as determined by KLWTD, which amount is expected to be
higher than current KLWTD assessments;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY:
Section 1. The Executive Director is hereby authorized to submit to KLWTD requests for
exemptions from assessments for any Land Authority properties where the purpose or means of
acquisition, the applicable development regulations, or the existing use indicate the properties
will not be developed in a manner requiring state-mandated connection to a central sewerage
system. Such properties shall consist primarily of, but are not limited to, lands acquired for
conservation, lands acquired for the protection of private property rights, lands consisting of
wetlands, and lands designated Tier I or Tier III-A.
Section 2. The Executive Director and the Land Authority’s Attorney shall each have the
authority to execute any documents required by KLWTD in order to finalize the award of
exemption from any assessment.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this ______ day of _______________________ 2008.
(Seal)
ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
________________________ ________________________
Mark J. Rosch Charles “Sonny” McCoy
Executive Director Chairman
Approved for Legal Sufficiency
________________________
Larry R. Erskine