Resolution 463-2009
RESOLUTION NO. 463 - 2009
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 IICountyll) 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 2010, in the same manner as provided for ad valorem
taxes; and
WHEREAS, the County previously advertised and held a public hearing on
December 17,2008, as required by F.S. 197.3632, resulting in Resolution 515-
2008, a copy of which is attached hereto as Exhibit A;
WHEREAS, the special assessments which Resolution 515-2008 stated
would be collected by the County annually commencing in November 2009 were
never levied; and
WHEREAS, the County intends to exercise in 2010 its previously declared
intent to use the uniform method of collecting non-ad valorem assessments as set
forth in Resolution 515-2008;
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 , 2010
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
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
,.<':.1',.,~~~~~"P,,~ O,mmissioner Mario Di Gennaro
_~:\ ~"'~;,~~~m!Si~ner ~eorg~ ~eugent
~...,. i \;('\,~~~_mISSloner Kim Wigington
Atte$trOAN~'t'.l. KOLHAGE, CLERK
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description of such area subject to the assessment is attached hereto as Exhibit B
and incorporated by reference.
Section 2. The County hereby determines that the levy of the assessments is
needed to fund the cost of wastewater utility services within the Key Haven, Lower
Sugarloaf through No Name Key, and Long Key Service Areas.
Section 3. Upon adoption, the County Clerk is hereby directed to send a
copy of this Resolution by United States mail to the Florida Department of
Revenue, the Monroe County Tax Collector, and the Monroe County Property
Appraiser by January 10,2010.
Section 4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 16th day of
December, 2009.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN FLORIDA
By:
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EXHIBIT A
Resolution 515-2008
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RESOLUTION NO. 515 -2008
A RESOLUTION OF MONROE COUNTY, FLORIDA ELECTING
TO USE THE UNIFORM METHOD OF COLLECTING NON-AD
VALOREM SPECIAL ASseSSMENTS LEVIED WITHIN THE
UN"CORPORATED AREA OF THE COUNTY: STATING A
N&D FOR SUCH LEVYi PROVIDING FOR THE MAILING OF
THIS RESOLUnON: AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Monroe County. Florida (the IICOUntY') is contemplating the imposition
of special assessments for the provision of wastewater utility services; and
WHEREAS, the County intends to use the uniform method for collecting non-ad
valorem special_sessments far the cost of providing wastewater utility services to
properties in Key Haven, Lower Sugarloaf through Big Pine Key. and Long Key
authorized by section 1D7.3832, Florida Statutes. 8$ amended. because this method wI.
allow 8uch 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 \ " -',~
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WHEREAS, the County held a duly advertised public hearing prior to the adoption
of this Resolution, proof of publication of sud, hearing being attached hereto 88 Exhibit A_
NOW. THEREFORE BE IT RESOLVED BY TIE BOARD Oil COUNTY
COMMISSIONERS OF MONROE COUNTY. FLORIDA:
Section 1. Commencing with the Fiscal Year beginning on October 1. 2009 and
with the tax statement maled for such Fiscal Year. the County intends to use the uniform
method of collecting non4d valorem assessments authorized In section 197.3832,
Florida Statutes, as amended, for collecting norHiId valorem assessments for the cost d
providing wastewater utility 8ervlce8. Such non-ad valorem aaaesement8 nil 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 Js
needed to fund the cost of wastewater utity services within the Key Haven, LO\Vsr
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 mall to the Florida Department of R8V8lUe. the Monroe
County Tax Collector, and the Monroe County Property Appraiser by January 10, 2009.
Section .. This Resolution shaD ~ effective upon adoption.
PASSED AND ADOPTED by the Board 01 County Commissioners of Monroe
County. Florida. at a regular meeting of the Board held on the 17th day of December,
2008.
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Mayor Georgi Neugent .xu
Mayor Pro Tim SylvIa Murphy .lD
Commluloner Kim Wigington l!f
Commleloner H.....r Carruth.... ~
Comml.1IoMr 118r10 DI Gennaro J:sp
BOARD OF COUNlY COMMISSIONERS
OF MglfROE ~~ORIDA .q-..
BY.~~ ......,
Mayor
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Deputy Clerk
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EXHIBIT A
PROOF OF PUBLICATION
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Cooke Communications, LLC
FIorkla Keys
M..ha F. Kirkwood
Advertising Coordinator
PO Box 1800
Key Weal FI 33041
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MARKETING SERVICES
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PLORlDA KEYS OfFICES
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STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Ericksol1t who
on oath. ~s that ~ is Vice-President of Advertising Operations of the Key
W~ CItizen, a daily newspaper published in Key West, in Monroe County
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that the attached copy of advertisement, being a legal notice in the matter of
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was published in said newspaper in the issue(s) of . '~7ji;'
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Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Mumoc County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Fl()rida every
day, and has beep entered as second-class mail 'matter at the post office in Key .
West, in said Monroe County, Florida, for a period of 1 year next ~recediBg the
first publication of the attached copy of advertisement; and affiant'1Urther says
that he has neither paid. nor promised any persoD, firm or Qorporation any
discount, rebate, commission or refund for the purpo 0 securing this
advertiscD.ent for publication in the said De a
Swom and subscribed before me this~ day of ~2008
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Notary Public:
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Expires: September 1 S, 2009
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Notary Seal
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Perso~ly Known X Produced IdentifiQauon
Type of Identification Produced
OUNTYOLMONROE
KEYWEST .:::J 1~.-040
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NOTICE OF INTENT TO USE UNIFORM METHOD
OF COLLECTING NON-AD VALOREM ASSESSMENTS
The Board of County Commissioners of Monroe County, Florida (ttthe County") hereby provides notice, pursuant to
Section 197.3632(3Xa), 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 connectioDs. to be levied. within. -
the unincorporated area of Monroe County encompassing the Key RaveD, Lower S8garloaf tbroagb Big PlDe 1CJo'j,
No Name Key aDd LoDg Key for the fiscal year beginning on October 1, 2009 and continuing each ye&r.'until
discontinued by the County. The County win consider the adoption of a resolution electing to use the uniform method
of coUecting such assessments authorized by Section 197.3632, Florida Statutes, at a puKe llearbal to be IleId at
5:01 p.1IL 08 December 17,2008 ia the CoIlUDissiOD Chambers. Mantho. Government CeDter, 3798 Overseas :a
HIghway, MDe Marker SO, MarathoD, FL. Such resolution will state the need for the levy and will contain ~ legal
description of the boundaries of the real property subject to the levy. All interested persons are invited to attend~\.
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PUDU8Ut to Section 286.01 OS, Florida Stabltes, notice is given that if a penon decides to appeal any decisionioade 'by .
the Board with respect to any matter considered at such hearinp tot meetings, he will need a record of the proceedings,
and that, for such purpos~ he may need to ensure that B verbatim record of the proceedings is made. which record
includes tho testimony and evidence upon which the appeal is to be based.
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In accordance with the Americans with Disabilities Act>> persons needing 8 special accommodation or an interpreter to
participate in this proceeding should contact tbe 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* day ofNovcmber, 2008.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ox officio Clerk of the Board of County
Commissioners of Monroe County. Florida
For PublieatiOD M .3 x S disDIay ad witll border OR the foUowin2 datel:
Key West Citizen (Su) 11123/08~ 11/30/08, 1217/08, 12/14108
Keynoter (Sa) 11/22/08, 11/29108, 1216108. 12113/08
Reporter (Fc) 11121/08, 11/28/08, 121SI08. 12112108
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Published Twice Weekly
Marathon, Monroe County, Florida
STATE OF FLORIDA
COUNTY OF MONROI
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he Is PUBLISHER of the
FLORIDA KIYS KlYNOTER, 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)
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Amant further says that the said FLORIDA
KEYS KEYNOTER Is a newspaper published
at Maratho"n, 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 mall
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, .commlsslon or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Kevs Keynoter Is in full
compliance with Chapter 50 of the Rorlda
State S~tul:A!; an leaal and Offl(:lal
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OUNTYofMONROE
KEV'NES'r .::J 1~3S040
(305) -..-4841
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NOTICE OF INTBNT TO USE UNIFORM METHOD
OF cnT.T .RCTlNG NON-AD VALOREM ASSESSMENTS
The Board of County Commissioners of Mouroc Collnty, Florida ("the County") hereby provides notice, pmsuant to
Section 197.3632(3)(8), Florida Slam_ of its intent to use the uniform ourthod of collecting non-ad valorem special
assessments, for the cost of providing certain wastewater capital improvements and CODDectiO~ to be levied within. -
the unincorporated area of Monroe County ellCOmp8SSing the Key BaVeD, Lower SagarlGaf through Big Plae Key...
No Name Key aDd LoB. 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 uso the unifonn Diethod
of coDectiDg such assessments authorized by Section 197.3632, Florida Statutes, at a public heuiDI to be beld at
5:01 p.m. 08 Decenaber 17, 2008 ill tile COIDIIIIssiOB a..Dlbert, Muatlloa Government Center, 2798 OverSea. ~
Bfghway, MDe Marker SO, Maratlaoa, FL. Such resolution will state the need for the levy and will contain ~ legal
description of the boundaries of the real property subject to the levy. All interested persons are invited to attend~i.
PursuBDt to Section 286.0l0S. Florida Statutes, notice is given that if a person decides to appcalany decision ~;: .
the Board with respect to any matter considered at such hearinp ,ar mcetings~ he will need a record of the proceedings.
and that, for such purpose, he may need to ensure that B vexbatim record of the proceedings is made, wbich record
includes the testimony and evidtmcc upon which the appeal is to be based.
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In accordance with the Americans with Disabilities Act, peISOOS needing a special accommodation or an interpreter to
participate in this proceeding should contact the County Administrator's Oftico by phoning (305) 292-4441 no later
than seven (7) days prior to the date of the hearing.
Dated at Key West Florida this 191" 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.. .3 ][ 5 disDlay ad with border 08 tile follo1riDt! dates:
Key West Citizen (Su) 11/23/08, 11/30/08, 1217108, 12114/08
Keynoter (Sa) 11/22/08. 11/29/08, 12/6/087 12/13/08
Reporter (Fr) 11/21/08. 11/28/08:. 12/5/08, 12/12108
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THE
PORTER
P.O. Box 1197, Tavernier, F133070
92655 OvOncllS Hwy, Tavernier F1 33070
Phone 305- 852-3216, Fax 305- 852-0199
'JIWW.keysnet.com
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersiped authority penonally appeared
WAYNE M.ARKIIAM who on oath, says that he is
PUBLISHER of the TIlE REPORTER, a weekly
newspaper published in Tavernier. in Monroe
County t Florida: that the attached copy of
advertisement was published in said newspaper in the
issues of: (date(s) of publication)
~~~JfJJ~~I2~;Jfl)Y
Affiant funher says tbat the said THE REPORTER is
a nowspaper published at Tavernier, in said Monroe
County II Florida, and that the said newspaper has
heretofore been continuously published in said
Monroe CoUntyl Florida, each week (OD 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 fll'St
publication of the attached copy of advertisement.
The affiant further says that he has neither paid nor
promised any penonll fmn- or COrPoratiOD any
discount, rebate) commission or refund for the
purpose of securinS this advertisement for
publication in the said ncwspapor(s) and that The
11m REPORTER is in full compliance with Chapter
SO of the Florida State Statutes on Legal and. Official
Advertisements.
Sworn ~ and su~bcd before me
thisADay of ~ ,,200B
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OUNTY~ONROE
KEY WESr .:::;. I~OM)A 38040
(305) 2IM-4841
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NOTICE OF INTENI' TO USE UND'ORM METHOD
OF COlLECTING NON-AD VALOREM ASSESSMENTS
The Board of County Commissioners of MODl'OC County, Florida ("the County") hereby provides notice, pursuant to
Section 1~7.3632(3)(a), Florida Statutes, of its intent to use the uniform matbod of collecting non-ad valorem special
assessments, for the cost of providins certain wastewater capital improvements and CODlleCtio~ to be levied within. .
the unincorporated area of Monroe County encompassing the Key RaVeD, Lower S8prloaftbrouch Bie Pine Keys,
No Name Key aDd LoDg Key for the fiscal year beginning on October 1. 2009 and continuing each year.' until
discontinued by the County. The County win consider the adoption of a resolution electing to use the uniform Dietbod
of collecting such assessments authorized by Section 197.3632, Florida Statutes~ at a pabUe laearial to be IleId at
5:01 p.m. OD Dece-ber 17,1008 ba tile Commission ClaaJDben, Maratlloa GovenuDeDt Ceater,2798 Oveneas a
HIghway, MUe Marker SO, M....thoD, FL. Such resolution will state the need for the Ie\')' and will contain .~ legal
description of the boundaries of the real property subject to the levy. All interested persons are invited to attm..:
, '" -:~
Pursuant to Section 286.01 OS, 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 hearinP,Qt meetings. ho will need a record of the proceedings,
and that, for such purpose, he may need to ensure tbat a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
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In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an intelpreter to
participate in this proceeding should contact the County Administrator's Office by phoning (30S) 292-4441 no later
than seven (7) days prior to the date of the hearing.
Dated at Key W~ 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
For Publication as a 3 So: 5 diaD)." ad with border 08 the followiDsr dates:
Key West Citizen (Su) 11123/08, 11/30108, 1217/08, 12/14/08
Keynoter (Sa) 11/22/08, 11/29108, 1216108, 12/13/08
Reporter (Fr) 11121/08. 11/28108, 1215108, 12/12108
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EXHIBIT B
KEY HAVEN WASTEWATER SERVICE AREA
That portion of the unincorporated area bounded on the west by Florida Bay, on the east by
AUantlc Ocean. on the north by Florida Bay, and on the south by US1 and Stock Island (between
MM 5.5 and 8.0), 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 SPMllh ChanneJ and Bahia Honda Channel, on the north by Florida Bay, and on the
south by Atlantic Ocean (between MM 16.5 and 36). Monroe County, RorkIa.
LONG KEY SERVICE AREA
That portion of the unincarporated 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.
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BRANCH OFFICE:
MARA THON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
December 29,2009
Florida Department of Revenue
Lisa Echeverri, Executive Director
104 Carlton Building
5050 W Tennessee Street
Tallahassee ]~L 32399-0100
Dear Ms. Echeverri,
Enclosed is a copy of Resolution No. 463-2009 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.
This Resolution was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on December 16,2009. Should you have any questions
please feel free to contact me at (305) 295-3130.
Respectfully Submitted,
Danny L. Kolhage, Clerk
of Court and ex-officio Clerk
to the Board of County Commissioners
by: Pamela G. Hancock, D. C
cc: Property Appraiser
Tax Collector
File