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Resolution 515-2008 RESOLUTION NO. 515 .2008 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 (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 in Key Haven, Lower Sugarloaf through Big Pine Key, and Long Key authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2009, in the same manner as provided for ad valorem taxes; and WHEREAS, Resolution 568-2007 passed in December 2007 stating that the County would collect special assessments annually commencing in November 2008 was never activated; 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 BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Commencing with the Fiscal Year beginning on October 1, 2009 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 Key Haven, Lower Sugarloaf through No Name Key, and Long Key Wastewater Service Areas. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. Section 2. The County hereby determines that the levy of the assessments is needed to fund the cost of wastewater utility services within the Key Haven, Lower Sugarloaf through No Name Key, and Long Key Service Areas. Section 3. Upon adoption, the County Clerk is hereby directed to send a copy of this Resoiution by United States mail to the Florida Department of Revenue, the Monroe County Tax Collector, and the Monroe County Property Appraiser by January 10, 2009. Section 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 17th day of December, 2008. Co Mayor George Neugent ~-v. Mayor Pro Tem Sylvia Murphy ~~ Commissioner Kim Wigington -<II Commisioner Heather Carruthers Commissioner Mario Dl Gennaro ::!.s.iJ Yes Yes ::!.s.iJ Yes NY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF~ROE COUNT'l\}iotORIDA J.... ~ ~4 0 J.#..4'e.fl ~ By: , Mayor oJ..J(]. ~ Deputy Clerk ..... "'T\ ..:t. = .:....:1 = '.:> ~ '"'" ,- 2: m c.:J~% c- 0.-% ;p- o t-' ?"-< :z: I '. ."Y .- C> on- U1 :;0 ~;55~ ..." :;0 -.0 ....n.- :x fTI :<....z tJl C"') -no- :t>- ., 0 .- ~ to) :;0 ~ ~:- 0 Oete EXHIBIT A PROOF OF PUBLICATION Published Twice Weekly Marathon, Monroe County, Florida p'ROOF OF PUBLICATION 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} llfiWlJ!t;t,. ~) I ).9,' ~'I;t1J'l!1/7 ~ {,,. /5/ 211 r 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 pu blication 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 A vertis m ts. Sw~! to an ubs thi Da of (SEAL) I!f:!d:f {;tU,Sif Notary i JJft ~ 0. BEVERLY TRAEGER '~...1 MY COMMISSION # DDS421J< jl '''''''1\'' EXPIRES, "",.18.2lII0 (-IOn 398-0153 FtGnda '**ry s.wc..oom ~. ....-..........- • s ' — NOTICE OF INTENT-TO USE UNIFORM METHOD, . OF COLLECTING NON-AD VALOREM ASSESSMENTS The Board of County Commissioners of Monroe-County,Florida("the County")hereby provides notice,pursuant to Section 197.3632(3)(a),Florida Statutes,of ifs intent to use the uniform method ' ' of collecting non-ad valorem special assessments;for the cost of providing certain wastewater cap- ital improvements and connections,to be levied within the unincorporated area of Monroe County - encompassing the Key Haven,Lower Sugarloaf through Big Pine Keys,No Name Key.and Long Key for the fiscal-year beginning on October 1,2009 and continuing each year until discon- - tinued by the County.The County will consider the adoption of a resolution electing to use the uni- form method of collecting such assessments authorized by Section 197.3632,Florida Statutes,at _ a public hearing to be held at 5:01 p.m.on December 17,2008 in the Commission Chambers, Marathon Government Center, 2798 Overseas Highway, Mile Marker 50,Marathon, FL. Such resolution will state the need for the,levy and will contain a legal description of the bound- ?, aries of the real property subject to.the levy.All interested persons are invited to attend. • _ ' Pursuant to Section 286.0105,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 meet- i - ings,he will need a record of the proceedings,and that,for such purpose,he may need to ensure i ‘ that a verbatim record of the proceedings is_made,which record includes the testimony and evi- ' . den_ce upon which the appeal is to be based. r 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 of the hearing. . - " Dated at Key West,Florida this 19th day of November,2008. - t ' . r\ DANNY L.KOLHAGE,Clerk of the Circuit.Court and ex,ofcio Clerk of the Board of County °' Commissioners of Monroe County,Florida - - Published Keynoter 11/22/08,11/29/08,12/06/08,12/13/08 t • 7_ :iir;_. it . it", ' • c�'11•,C., t .. .. THE REPORTER P.O. Box 1197, Tavernier, FI33070 92655 Overseas Hwy, Tavernier FI 33070 Phone 305- 852-3216, Fax 305- 852-0199 www.kevsnet.com PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the THE REPORTER, a weekly newspaper published in Tavernier, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) 1J~.2I,Atl 05~ti /J., )tI7JY /liP.- /Uftr{Jl.AJ--/ Affiant further says that the said THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each week (on Friday) and has been entered as a second class mail matter at the post office in Tavernier, 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 THE REPORTER is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. w.}~~:= Sworn to and sUb~ibed before me thisA-Dayof ';te;ml-Pt/, 2008 (SEAL) h- /: I Jf/fttty( /4i2L ~ Notary ;/ 1/ ~~ BEVERLY TRAEGER \....~ MYCOMMISSlON#Dl>>I21J4. .....~- EXPIRES: "pr.18," (407)ftI.Ot53 FIoritkNataryS<<wlol.oom • • • • • .> _ NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS The Board of County Commissioners of Monroe County, Florida("the County")hereby provides notice, pursuant to Section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non-ad valorem special assessments,,for the cost of providing certain wastewater capital improvements_and connections, to be levied within the unincorporated area of Monroe County encompassing the Key Haven, Lower Sugarloaf,through Big Pine • Keys, No Name Key and Long Key for the fiscal year beginning on October 1, 2009 end continuing each year until discontinued by the County.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 Statutes,at a public hearing to be held at 5:01 p.m.on December' 17,2008 in the Commission Chambers,Marathon Government Center,2798 Overseas Highway, Mile Marker 50, Marathon, FL. Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy:All interested persons are invited to attend. Pursuant to Section 286.0105, 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 1 or meetings, he will 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 especial 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 of the hearing. Dated at Key West, Florida this 19th day of November,2008. DANNY L.KOLHAGE,Clerk of the Circuit Court - and ex officio Clerk of the Board of County • Commissioners of Monroe County,Florida • KWC Sundays,November 23&30,2008;December 7&14 - . , 296238 • • - . . STATE OF FLORIDA COUNTY OF MONROE ......_...,.... .. .. Cooke Communications, LLC Florida Keys Marsha F. Kirkwood Advertising Coordinator Before the undersigned authority personally appeared Randy G. Erickson who on oath. says that h.e is Vice-President of Advertising Operations ofthe K~y West CItizen, a daily newspaper published in Key West in Monroe County Florida; " that the attached copy of advertisement, being a legal notice in the matter of I}~h~c!:~} PO Box 1800 Key West FI 33041 Office.. ..305-292-7777 Extension....... .x219 Fax...... .305-295-8025 leaalstlilkevanewa.com INTERNET PUBLISHING keywest.com 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 Reef Press Seaport Log was published in said newspaper in the issue(s) of 1l(n/f'/Yl1~ A ',,!-JtJ fQ;.,a~~7'/ff:zp8 MARKETING SERVICES Commercial Printing Citizen locals Card OirectMail 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 day, 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 purpo e 0 securing this advertisement for publication in the said new ap r, Signature of Affiant MAGAZINE The Menu Home Guide Citizen Local's Guide Paradise Keys lV Channal Guide FLORIDA KEYS OFFICES Printing I Main Facility 3420 Northside Drive KeyWest,FL 33040-1800 Tal 305-292-7777 Fax 305-294-0768 citizen@keywest.com Internet Division 1201 W'hile Streel (Suile 103) KeyWesl,FL 3304Q..3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywesl.com Sworn and subscribed before me this~ day of V~2008 . Notary Public: Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 navigalor@floridakeys,com Marsha F. Kirkwood ~/~~~ Upper Keys Office 81549 Old Hwy PO Box 469 Islamorada, FL (MM81.5) 33036-0469 Tel 305-664-2266 Fax 305-664-8411 freepress@floridakeys.com Expires: September 15, 2QQ? Notary Seal Ocean Reef Office 3ABarracuda LiMle Key Largo, FL 33037 Tel 305-367-4911 Fax 305-367-2191 ., ,,'::~:~~""~-'~ ,,' -i(:-:"'~' ~ -,p;, ;~C}O':;:, 2'; . ,. c" ~ ....."".... Personally Known x Produced Identification Type ofIdentification Produced , '1(' NOTICE OF INTENT TO USE UNIFORM METHOD � OF COLLECTING NON-AD VALOREM ASSESSMENTS ' The Board of County Commissioners of Monroe County,Florida("the County")hereby provides notice,pursuant to Section 197:3632(3)(a),:Florida Statutes,of its intent to use the uniform method of collecting non-ad valorem special assessments,for the cost of providing certain wastewater cap- ital.improvements and connections;to be_'ledied within the unincorporated area of Monroe County'` encompassing the Key Haven,Lower Sugarloaf through Big Pine Keys, No Name Key and Long Key for the fiscal year beginning on October 1,2009.and continuing-each year until discos- tinned by the County.The County will consider the adoption of a resolution electing to use the uni- form method of collecting such assessments authorized by Section 197.3632,Florida Statutes, at a public hearing to be held at 5:01 p.m.on December.17,2008 in the Commission Chambers, �� ., - Marathon Government Center, 2798.Overseas Highway, Mile Marker 50, Marathon, FL. _ - - - - - - Such resolution will state the need for the levy and will contain a legal description of the bound- 1. aries of the real property subject to the levy.All interested persons are invited to attend. Pursuant to Section 286.0105, Florida Statutes,notice is given that if a person decides to appeal- 1 any decision made by the Board with respect to any matter considered at such hearings or meet- :- gs,he will 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 evi - ' dence upon which the-appeal is to be based. _ rIn 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-'M'l 1 no later than seven(7)days prior to the date of the hearing. Dated at Key West',Florida this 19th day of November,2008. . - ' DANNY L. KDLHAGE,Clerk of.the Circuit Court . , and ex officio Clerk of the Board of County ,,` t fr,s Commissioners of Monroe County,Florida ' I. r Published Reporter 11/21/08 11/28/08,12/05/08,12/12/08'. EXHIBIT B KEY HAVEN WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Florida Bay, on the east by Atlantic Ocean, on the north by Florida Bay, and on the south by US 1 and Stock Island (between MM 5.5 and 6.0), Monroe County, Florida. LOWER SUGARLOAF THROUGH NO NAME KEY WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Lower Sugarloaf Sound, on the east by Big Spanish Channel and Bahia Honda Channel, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 16.5 and 35), Monroe County, Florida. LONG KEY SERVICE AREA That portion of the unincorporated area bounded on the west by Long Key Viaduct, on the east by Channel 5, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 65 and 71), Monroe County, Florida.