Item D2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Auwust 3. 2009
Division:
County Administrator
Bulk Item: Yes
No-L
Department: Wastewater
Staff Contact Person/Phone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval to adopt the Cudjoe Regional Wastewater System Initial
Assessment Resolution and to pay GSG $1200 to correct the tax roll following the prepayment period.
ITEM BACKGROUND: Funding from other capital projects was shifted to the design of the Cudjoe
Regional Wastewater System in order for the project to be "shovel-ready" should any federal or state
grants become available. The current estimated construction cost of the system is in excess of $20,000
per EDU. The BOCC has previously used infrastructure sales tax and grant funding to subsidize other
systems so that the property owners pay no more than $4,500 per EDU for a system development fee.
Generally, projects are not budgeted and commenced until the entire funding source is identified.
Discussion at the BOCC level has indicated that the system development fee would have to be $6,500
per EDU should there be an additional penny sales tax for wastewater/storm water improvements
authorized and levied, and if no additional funding sources are identified. The County is under a
legislative mandate to meet advanced wastewater treatment by July 1, 2010. Even if a $4,500 or
$6,500 per EDU assessment is levied prior to September 15,2009, the project cannot commence until
sufficient other funding is identified to carty out the project. The County has been proceeding as if
funding was going to become available due to the imminent deadline. In accordance with section
197.3632, F.S., which sets the uniform method for the levy, collection and enforcement of non-ad
valorem assessments, at least 20 days prior to the public hearing for the adoption of a resolution
imposing the final assessment rates and approval of the non-ad valorem assessment roll, the local
government shall notice the hearing by first class United States mail and by publication in a newspaper
generally circulated within each county. The mailing will be handled by GSG.
PREVIOUS RELEVANT BOCC ACTION:
At the December 17,2008 meeting, the BOCC adopted Resolution No. 515-2008, Resolution to Use
the Uniform Method of Collecting Non-Ad Valorem Special Assessments for the Key Haven, Lower
Sugarloaf through No Name Key and Long Key Wastewater Service Areas.
CONTRACT/AGREEMENT CHANGES:
The Initial Assessment Resolution does not include Key Haven or Long Key due to: (a) the absence of
a contract for the assessment roll to be created, (b) FKAA can levy assessments if it proceeds to
contract for those areas; and (c) those areas have a relatively small number of affected properties
which could possibly be addressed through an interim assessment (non-unifonn method of collection,
i.e. not on tax bill). The cost to mail the first class notice is anticipated to be $10,880 at $1.28 per
notice. The cost for the advertisement is anticipated to be $2400. The cost to correct the tax roll
following the prepayment period is $1200.
STAFF RECOMMENDATIONS: Wastewater staff recommends delaying levying the Non-Ad
Valorem Special Assessment for the Cudjoe Regional Wastewater System until September 2010.
TOTAL COST: $14.480
INDIRECT COST:
BUDGETED: Yes --K...No
D$~
COST TO COUNTY: $14.480
SOURCE OF FUNDS: MSTU
REVENUE PRODUCING: Yes.x... No AMOUNT $14.480
APPROVED BY: County Atty 1lff OMBlPurchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required_
DISPosmON:
AGENDA ITEM II
Revised 1109
MONROE COUNTY, FLORIDA
CUDJOE REGIONAL
AND OSTDS
WASTEWATER ASSESSMENT PROGRAM
INITIAL ASSESSMENT RESOLUTION
(INCLUDING LOWER SUGARLOAF THROUGH NO NAME KEY
WASTEWATER TREATMENT SERVICE AREA, CENTRAL SYSTEMS AND
ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS)
AUGUST 3, 2009
~--"_""_,_,_"""""",__"",~~-,,,,,',,..c";"'~""<"""
ARTICLE I
DEFINITIONS AND CONSTRUCfION
DEFINITIONS ......... ... ......... ......... .................... .......... .......... .............. 2
INTERPRETATION.. ........................................... ....... ............ .......... 4
GENERAL FINDINGS............ ............ ............................. ......... ........ 5
AR TI CLE 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
MAND A TORY PREPAyMENT....................................................... 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
SECTION 4.01. METHOD OF COLLECfION ...........................................................9
SECTION 4.02. SEVERABILITY ............................. .... ...... ......... ............... ............... 10
SECTION 4.03. EFFECTIVE DA TE.......................................................................... 10
SECTION 1.01.
SECTION 1.02.
SECTION 1.03.
SECTION 2.01.
SECTION 2.02.
SECTION 2.03.
SECTION 2.04.
SECTION 2.05.
SECfION 2.06.
SECTION 2.07.
SECTION 3.01.
SECTION 3.02.
SECTION 3.03.
TABLE OF CONTENTS
PAGE
1
APPENDIX A
APPENDIX B
APPENDIX c
APPENDIX D
TABLE OF APPENDICES
DESCRIPTION OF THE CUDJOE REGIONAL SERVICE AREA
DESCRIPTION OF THE OSTDS INCLUDED IN THIS
ASSESSMENT PROGRAM
PUBLIC HEARING NOTICE TO BE PUBUSHED
FORM OF MAILED NOTICE
ii
RESOLUTION NO. - 2009
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, COLLECfION COSTS AND THE
OTHER TERMS AND CONDITIONS OF THE NON-AD
VALOREM ANNUAL WASTEWATER ASSESSMENTS;
ESTABLISffiNG THE AMOUNT AND TERM OF THE
ANNUAL WASTEWATER ASSESSMENT FOR EACH
PARCEL OF PROPERTY TO BE ASSESSED; DIRECfING
PREPARATION OF THE INITIAL NON-AD VALOREM
ASSESSMENT ROLL; ESTABLISHING A PUBUC
HEARING TO CONSIDER IMPOSITION OF THE
PROPOSED WASTEWATER ASSESSMENTS AND THE
METIIOD OF THEIR COLLECTION; DIRECTING THE
PROVISION OF NOTICE IN CONNECfION 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 (1) 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 the sum of (1) 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 (1) 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 final proceeding
for the initial imposition of the annual wastewater assessment.
"Initial Assessment Resolution" means the resolution described in Section 2.02
of the ordinance, 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 deyelopment fee without
interest or other Connection Costs.
"Improved Tax Parcel" means those privately owned properties in the service
areas described in Appendx A which generate wastewater and therefore will be required
to connect to the Cudjoe Regional Wastewater Treatment System or which are outside of
the master plan for a centralized system in the Cudjoe Regional Service Area and which
voluntarily participate in the OSTDS program with FKAA as described in Appendix B.
"N on-Ad Valorem Assessment Roll" means a non-ad valorem assessment roll,
as defined in Section 197.3632(1)(e), Florida Statutes, approved by a Final Assessment
Resolution pursuant to Section 2.06 of the ordinance or an annual rate resolution pursuant
to Section 2.08 of the ordinance.
"Ordinance" means Ordinance No. 027-2003.
3
"Prepayment Amount" means the amount required to prepay remaining balance
of Wastewater Assessment for each Tax Parcel following certification of the Non-Ad
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
$6,500 per EDU.
"Tax CoUector" 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 CoUection 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.
"U dUty" means Florida Keys Aqueduct Authority.
SECfION 1.02. INTERPRETATION. Unless the context indicates
otherwise, words importing the singular number include the plural number, and vice
versa; the terms uhereof," "hereby," "herein," "hereto," "hereunder" and similar terms
refer to this Resolution; and the term "hereafter" means after, and the term "'heretofore"
4
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.
SEcnON 1.03. GENERAL FINDINGS.
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
It is hereby ascertained,
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
WASTEWATER ASSESSMENTS
SECfION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED.
Wastewater Assessments shall be imposed on improved, privately owned Tax Parcels in
the centralized Cudjoe Regional Service Area, and On site Sewage Treatment and
Disposal Systems (OSTDS) in the Cudjoe Regional Service Area. The OSTDSs included
in this Assessment program 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 2009.
When imposed, the wastewater assessment for each Fiscal Year shall constitute a lien
upon such Tax Parcels pursuant to the Ordinance.
SECfION 2.03. PREPAYMENT AMOUNTS. In the initial year, the
amount necessary to prepay the System Development Fee in full for each Tax Parcel shall
~<()() ,
bej:J,~ge 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 (1)
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 6% 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 (1) 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 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.
(A) 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 BEARING
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 5, 2009. 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 August 31,
2009, at the County Commission Chambers in the Marathon Government Center, 2798
Overseas Highway, Marathon, Florida, to consider (A) imposition of the Wastewater
8
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 B.
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.
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.
9
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. EFFECfIVE DATE. This Resolution shall take effect
immediately upon its adoption.
PASSED AND ADOPrED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 3rd day of August, 2009.
Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Mario DiGennaro
Commissioner Kim Wigginton
Commissioner Heather Carruthers
(SEAL)
Attest: DANNY L. KOLHAGE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairperson
C~~a
10
APPENDIX A
DESCRIPTION OF THE CUDJOE REGIONAL 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; and parcels identified by real estate identification numbers 122880-00000o,
122890-000000, and 122870-00000O located on Boca Chica Key.
11
APPENDIX B
DESCRIPTION OF THE ONSITE SEWAGE TREATMENT AND DISPOSAL
SYSTEMS INCLUDED IN THIS ASSESSMENT PROGRAM
Improved parcels located within the Cudjoe Regional Wastewater Service Area which are
not included in the Wastewater Master Plan for centralized service and which will
therefore be required by Ch. 99-395, Laws of Florida, to install a compliant onsite
sewage treatment and disposal system may elect to contract with the Florida Keys
Aqueduct Authority for the installation and maintenance of such systems, and shall have
entered into contracts for same prior to the Final Assessment Resolution to be approved
by the Board of County Commissioners at the public hearing of August 31, 2009, in order
to be included in the Final Assessment Roll.
12
APPENDIX C
NOTICE OF BOCC SPECIAL MEETINGS
NOTICE OF PUBliC HEARINGS
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the Board of County
Commissioners of Monroe County, Florida will hold special meetings/public hearings on August
3, 2009 beginning at 2:00 p.m. AND August 31, 2009 beginning at 5:01 p.m. in the
Marathon Government Center, 2798 Overseas mghway, Mile Marker 50, Marathon, FL
33050, regarding
INTENT TO IMPOSE AND PROVIDE FOR
COLLECTION OF SPECIAL ASSESSMENTS FOR
PROPERTIES LOCATED IN THE CUDJOE REGIONAL
WASTEWATER TREATMENT SERVICE AREA
WHICH INCLUDES KEY HAVEN, LOWER
SUGARLOAF THROUGH NO NAME KEY, AND LONG
KEY W ASTEW ATER TREATMENT SERVICE AREAS
and any other matter that may come before the Board.
The special meetings/public hearings are being held to consider imposing special assessments to
fund the cost of construction of the wastewater system to serve improved privately owned
properties located in the Key Haven, Lower Sugarloaf through No Name Key, and Long Key
Wastewater Treatment Service Areas. Figure 1. below depicts the limits of the Service Areas.
Figure 1.
13
DESCRIPTION OF SERVICE AREA
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.
CUD.lOE REGIONAL 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; and parcels
identified by real estate identification numbers 122880-00000o, 122890-00000o, and 122870-
000000 located on Boca Chica Key.
WEST LONG KEY SERVICE AREA
That portion of the unincorporated area bounded on the west by the Long Key Viaduct, on the
east by the Long Key State Recreational Area, on the north by Florida Bay and on the south by
Atlantic Ocean (between MM 65 and 67), Monroe County, Florida.
The special meetings/public hearings are being held for the purpose of receiving public comment
on the proposed assessments and collection of the assessment on the ad valorem tax roll. All
affected property owners have a right to appear at the hearings and to file written objections with
the County Administrator anytime prior to the public hearings.
A more specific description of the assessment program is set forth in Resolution No. 515-2008
adopted by the Board on December 17, 2008 and additional information will available after the
first public hearing to be held August 3, 2009 in the form of an Initial Assessment Resolution
once adopted by the Board. Copies of the Initial Assessment Resolution, if it is adopted on
August 3, 2009, and the preliminary Non-Ad Valorem Assessment Roll will be available for
inspection at the County Administrator's office, located at The Historic Oato Cigar Factory,
1100 Simonton Street, Suite 2-205, Key West, Florida following adoption. The August 31,
2009, at 5:01 PM, shall be held for the purpose of adopting the Final Assessment Resolution and
assessment roll.
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
14
installmentst the first of which will be included on the ad valorem tax bill to be mailed in
November 2009.
Persons interested in this issue are invited to attend. The public is further advised that some or
all of the members of the Florida Keys Aqueduct Authority, and/or District Advisory
Committees may attend the meetings and discuss items that may come before their respective
commissions, councils or advisory boards. Should any other items be added to the agendas, this
notice includes advice that one or more members of city councils of Islamorada, Key Colony
Beach, Key West, Layton and/or Marathon, and/or board members of the Key Largo Wastewater
Treatment District may attend the meetings and discuss items that may come before their
respective commissions, councils or advisory boards.
15
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 the hearings, such
person will need a record of the proceedings, and that, for such purpose, such person 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.
The public should check the County website regularly for the special meetinglhearing agendas
and to see if any agenda items are added. If added items do not pertain to the potential legislation
and are noted as workshop items, speakers will not be allowed. If action items are added to the
SPeCial meeting agenda, speakers will be allowed on those items. Any other subjects which may
be added to the special meeting will be subject to the customary rules regarding action/speakers
allowed, and no action/no speakers.
ADA ASSISTANCE: In accortiQnce with the Americans with Disabilities Act, if you are a person
with a disability who needs special accommodations or an interpreter in order to participate in
this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working tiQys prior to the scheduled
meeting; if you are hearing or voice impaired, call 711.
Dated at Key West, Florida this 1 ih day of July, 2009.
DANNY L. KOLHAGE, Clerk of the Circuit
Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County,
Florida
(SEAL)
Publication as disDlav ad with border on the followin2 dates:
Reporter (Fr) 7/24/2009
Keynoter (Wed) 7/22/2009
KW Citizen (Iu) 7/21/2009
16
APPENDIX D
17
Mooroe COQotv _
Wastewater DeDt. "
1100 Simonton St. '
Suite 2-216 '
Key West FL 3304C
Board 01 CoonR Commissionen
Mayor George Neugent, Dist. 2
Mayor Pro Tem Sylvia Murphy, Dist. 5
Commissioner Mario DiGennaro, Dist. 4
Commissioner Heather Carruthers, Disl. 3
Commissioner Kim Wigginton, Dist. 1
<<OwnerNameb
<<OwnerName2))
<<OwnerAdd1))
<<OwnerAdd2>>
(<City>> <<State>> <<Zip>> <<COUNTRY>>
Sequence Number: MW -<<SeqNum>>
Notice Date: August 10, 2009
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 Cudjoe Regional Wastewater Service Area. 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 family 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 August 21,2009. Contact FKAA's Customer Service at 305-295-2178 to obtain a
Wastewater Appeal form, or download it from www.fkaa.comlfonns.cfm or http://fkaa.com/forms.cfm.
The EDU Allocation for the above parcel is: Parcel EDU: <<EDU>>
The lump sum System Development Fee for the above parcel Is cMBinsert calc: 4S00xEDU>. It is
anticipated that the Prepayment will be due on September 3-25,2009, 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 by ALL developed properties in the Cudjoe Regional
Service Area 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: <MBlnsert max BOnual>
You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for August 31,
2009 at 5:01 pm at the Marathon Government Center, 2798 Overseas Higbway (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.virtualtownhaU.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 Americans with Disabilities Act) if you are a person with a disability who needs any accommodation or an
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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 the Cudjoe Regional Service Area beginning in 2013. 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 FK.AA at 305-295-2178 with questions regarding the connection process.
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