Item R1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date
Bulk Item: Yes
December 17. 2008
l►0
Division: Engineering
Department:
Wastewater
StaffContact Person/Phone #:Elizabeth Wood/2924525
AGENDA ITEM WORDING: Public hearing for approval of a resolution to use the uniform method
to collect non -ad valorem special assessments toward the cost of providing wastewater utility services
to properties in Key Haven, Lower Sugarloaf through No Name Key, and Long Key.
ITEM BACKGROUND: Florida Statute Section 197.3632 specifies that a public hearing to adopt a
resolution of intent to use the uniform method of collection for an assessment program must be held in
the calendar year prior to the collection. A notice of the public hearing to adopt the resolution of intent
must be advertised four consecutive weeks immediately before the date of the hearing. The resolution
st
of intent must be adopted by January 1 , 2009 and sent to the Monroe County Tax Collector, the
Monroe County Property Appraiser, and the Florida Department of Revenue by January 10, 2009.
PREVIOUS RELEVANT BOCC ACTION: On November 19, 2008, the BOCC granted approval to
advertise a notice of intent for the non -ad valorem assessment program for properties in Key Haven,
Lower Sugarloaf through No Name Keys, and Long Key.
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: BUDGETED: Yes No
COST TO COUNTY:$
REVENUE PRODUCING: Yes
APPROVED BY: County Atty X
DOCUMENTATION: Included
SOURCE OF FUNDS:
No _ AMOUNT PER MONTH Year
OMB/Purchasing Risk Management _
X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11/06
RESOLUTION NO. - 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 Resolution 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.
Mayor George Neugent _
Mayor Pro Tern Sylvia Murphy _
Commissioner Kim Wigington _
Commisioner Heather Carruthers _
Commissioner Mario Di Gennaro
Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
0
Deputy Clerk
INONROE COUNTY
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Mayor
EXHIBIT A
PROOF OF PUBLICATION
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C
UNTY jo'�MONROEKEY WESTLORIDA 33040
(305) 294-4641
November 19, 2008
The Key West Citizen — Free Press
Attn: Legal Advertising — Marsha Kirkwood
3420 Northside Drive
Key West, FL 33040
(Account #863)
The Keynoter
Attn: Legal Advertising — Kimber Koewers
P. O. Box 158
Marathon, FL 33050
(Account #617622)
The Reporter — Upper Keys Times
Attn: Legal Advertising — Joan Hilt/Joanne Pulis
P. O. Box 1197
Tavernier, FL 33070
Re: Notice of Intention to Use Uniform Method of Collecting Non -Ad Valorem Assessments:
Wastewater Capital Improvements and Connections — Key Haven, Lower Sugarloaf through
Big Pine Keys, No Name Key and Long Key
Enclosed please find one (1) Notice for publication as a 3 x 5 Display Ad with border in your newspaper(s) on
the dates indicated below. I would appreciate confirmation of receipt of this request and publication date(s) via my e-
mail address peters-katherinet(i)mom-oe county-fl.Zov . Please mail the subsequent bill and Proof of Publication
Affidavit directly to:
Board of County Commissioners
Account No. 617622
c/o County Attorney's Office, Attn: Kathy Peters
P. O. Box 1026
Key West, FL 33041-1026
Please mail an additional Proof of Publication (independent of those sent along with the invoice to this office)
directly to: Judith S. Clarke, P.E. Assistant County Engineer, 1100 Simonton Street, Key West, FL 33040.
Thank you for your assistance in this matter. Should you have any questions, please feel free to contact me
directly by phoning (305) 292-3472. Have a great day!
Very truly yours,
Xa4 M. y ete"
Paralegal/Administrative
County Attorney's Office
P. O. Box 1026
Key West, FL 33041-1026
C
UNTY SO�MONROE
KEY WESTLORIDA 33040
(305)294-4641
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 and 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 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 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 19'h 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
For Publication as a 3 x 5 display ad with border on the followine dates:
Key West Citizen (Su) 11/23/08, 11/30/08, 12/7/08, 12/14/08
Keynoter (Sa) 11/22/08, 11/29/08, 12/6/08, 12/13/08
Reporter (Fr) 11/21/08, 11/28/08, 12/5/08, 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 US1 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.