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Item K3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 16. 2009 Division: Engineering Bulk Item: Yes No --K- Department: _ Wastewater Staff Contact PeISOD/Phone it.EJizabeth Wood;2924525 AGENDA ITEM WORDING: Approval of a resolution renewing the intent 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 inten.~ . must be advertised four consecutive weeks immediately before the date of the hearing. The resolution m , . of intent must be adopted by January 1 ,2010 and sent to the Monroe County Tax Collector, the Monroe County Property Appraiser, and the Florida Department of Revenue by January 10, 2010. '" PREVIOUS RELEVANT BOCC ACTION: On December 17, 2008, the BOCC held a publ~c hearing adopting resolution 515-2008, with its notice of intent for the non-ad valorem assessm~nt.. ';f., program for properties in Key Haven, Lower Sugarloaf through No Name Keys, and Long Key. .At the August 3, 2009, special meeting it was decided not to iU1Pose the special assessments as none of the subsidy money expected from the State was appropriated. CONTRACPAGREEMENTCHANGES:NA STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes No COST TO COUNTY:$ SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised 11/06 AGENDA ITEM # RESOLUTION NO. - 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 "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 I 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 commenCin~!n 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 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. "" ,<%i" 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. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Mario Di Gennaro Commisioner George Neugent Commissioner Kim Wigington Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk Mayor , ,. \NE. HUTTON ."'~' ._'~~~."~' ~';;!i<N:l; fr.'. Ui i;'e~J,;i> ,r;; . l~/.()'"P ..... "';'~;'~;-'Cf"",'..,....".M. ~_<,/ \ ". , ,? '7' I. J. .I "" EXHIBIT A Resolution 515-2008 "" \ ~.;f'# .", 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 \ .;,k;7 '. WHEREAS, the County held a duly advertised public hearing prior to the adoption of this Resolution, proof of pu blication 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 Sugarloafthrough 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 Tem Sylvia Murphy ~ Commissioner Kim Wigington ~ Commlsloner Heather Carruthers ~ Commissioner Mario DI Gennaro .hP NY L, KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF~ROE COUNT~ORIDA ~ ~ L.. 0 JwI.Af,.,1hfI -, By: , Mayor o.b.Ja.~ Deputy Clerk "" \, ,:<<t~ ,..." -rj -1- c:::) -.. ':...:; ~ '.;;;J "::>- o,Q ..- '% .., :-.:In%. c...- or-X ~ 0 r1:;r:::-< Z ~ .-')" r , C> on' U1 ::0 '=55~ ~ ::0 :::e, 0 -tor- ::x: fT1 :<-i:::I: tn C"') ~. 1> ... 0 r- m to.) ;0 ~ "'- 0 EXHIBIT A PROOF OF PUBLICATION "" \ <.;J:;:. , ,. ............,... ~ II.... .. Cooke Communications, LLC Florida Keys Mal'6ha F. Kirkwood Advertising Coordinator PO Box 1800 Key West FI33041 Office.. ..305-292-7777 Extension. .......x219 Fax...... .305-295-8025 l&aalsGkevsnewllhcom INTERNET PUBI.ISHING k"YWO'leom kOy$IIll\n,C<Jm "oridak.eys.com key_t.COm Wet) o.Gign SOMt<I. NEWSPAPERS The Citizm SouthcImmnst Flyer SoIp$ HIY Big Pine Froo Pm... ManlU10n F,oe P_. I$lamomdll F_ Preu Key latgo Ft&9 Press 0cQ0 R,", Pro.. Seaport Log MAGAZINE Tho Menu Homo Gui"" C~iz"" Local', GUlOO PQfIl(lj.. Keys 1V Chanool Guide MARKeTING SERVICES Ctmlmemlal Printil1lJ Citizen locals Card 01,0<:\ Mall FLORIDA KEYS OFFICES Printing J Main Facility 3420 No/thaido Orivo Key WeIst. Fl 33040-1600 Tel 3115-:292-7777 Fax:JOS.294-0768 c~izenG.9yWG$lCQl1l Internet DlvlslDn 1201 'M1llB SlnHlt(Suilw 103) Koy WlIIlt, FL 33!J.ID.3328 Tal 305-292-1880 Fax ~1699 salOl@koywestcom Middle Ke~1l 0ffIc:e 6363 av......... Hwy Mlltathc<l. Fl (MM 52.5) 33050-33012 Tol ~7~3-e76t\ Fax:ros.743.9977 navigatD/'@flOl'lde.eys.com Upper Ke~s Office 81549 Old Hwy PO BllX ~9 IslamOl'llda, FL (MM81.5) 33006~9 Tel 305.&W.Z!S6 F",,~-ll411 fl'OllllfOu@floridako)O.<X>m Ocean Reef Office 3A Ban'llCuda L..'lO Key Llrgo. Fl 33007 Tol 305-3870<1911 l'ax305~7-2191 .. , . . STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson who on oath, ~ys that ~e is Vice-President of Advertising Operations of the K~y We~ CItizen, a dally newspaper published in Key West, in Monroe County Flonda; , that the attached copy of advertisement, being a legal notice in the matter of iJtYtu~~~~ $; <\ was published in said newspaper in the issue(s) of"~, 1J(T"l/&n1~J.. ',/-:JtJ f~22'l~3d ' 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 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 ~receding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid, nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpo e 0 securing this advertisement for publication in the said new a r. Sworn and subscribed before me this~ day of tJ~2008 , Notary Public: Marsha F. Kirkwood ~/ 1.;i,~ Expires: September 15,2009 ".- -..... .... -.,- '.~ ..... ~.~ ,-.- - ... ...... Notary Seal :"... -,~ , . '. ..,;:,;~~~;~~,~.-" .. i ,.:> r.." ':,.-. ~:.':i,~ ~~r:r~nO:l t ". ";' '.", : ,.:~':~~'::~ Personally Known. x Produced Identifiqation Type of Identification Produced 4A~' '. ;:>".:.>'<.". ~. ,. Oxl!v~lY ~o~~~~E {305l294-4641 (-.- .-..,....- NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS The Board of County Commissioners of Monroe County, Florida (lithe County't) hereby provides notice. pursuant to Section 1'97.3632(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 COWlty encompassing the Key Baven, Lower Sngarloaf through Big Pine K~ys, 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, \ <'.b Pursuant to Section 286.0105. Florida Statutes. notice is given that if a person decides to appeal any decision inade 'b; the Board with respect to any matter considered at such hearings ,Of 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. n't'; < H" ~-T l j' .-j: '" 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) 2924441 no later than seven (7) days prior to the date of the hearing. Dated at Key West. Florida this 19th day of November. Z008. 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 followinl! dates: Key West Citizen (Su) 11/23/08, 11/30/08. 12/7/08. 12114/08 Keynoter (Sa) 11/22108, 11/29/08. 12/6/08. 12/13/08 Reporter (pr) 11/21/08. 11128/08, 12/5/08. 12/12/08 ~I ._' ' '" -.;J';} , J P: ~>.:: . ~j" .;,~_.~ ': r "'__\__':"'_'__" :!'. t'- \.........> . . I ,------- ,., \ . ~, ~ n_. . L ~ ~ \_.J '~..i ,I _~j _~.~~....' ~_.I '-. ,,_ ~\ Published Twice Weekly Marathon, Monroe County, Florida f!,ROOE_QEJ:~IaLICA T.1-GN 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) 1!/lWlltbtr ;{~: ;;Z 9/ ;!";t?J7itA~ 6 /.1 Jj 2n 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 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 personl 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 Keys Kevnoter Is in full compliance with Chapter 50 of the Florida State Statutes on Leaal and Official A sw~ to an ubs thl Da of (SEAL) #.~ fAtUV Notary l Jl1L ~ ,'., 0. BEVERLY TRAEGER \......z MYCOMMISSION.,DDSUm ~ ~Clf1\.~ EXPI REli~ Apr. 18.:ztIO ~ (-4071 398-01.53 FIllnda HatIIy SonIo&oom - -.............. --- '" \ -;4,) O~~rY ~o~!,!~~E (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 Countyl1) 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 I, 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 Chamber~ 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 suchhearings,Qr 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 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 x 5 display ad with border on the followin2 dates: Key West Citizen (Su) 11/23/08, 11130/08, 12/7/08, 12114/08 Keynoter (Sa) 11/22/08, 11129/08, 1216/08, 12113/08 Reporter (Fr) 11121108, tIl28/08, 1215/08, 12/12/08 .~,,; .~" '. r. ." " . .... - .+ ~ I' . :1.,', ( ~~. ~, ":: " < 'i 11 ~~.. '" -,.fit THE REpORTER P.O. Box 1197, Tavernier, FI33070 92655 Overseas Hwy, Tavernier FJ 33070 Phone 305- 852-3216, Fax 305- 852-0199 www.keysnet.com PROOF OF PJJBLICATION 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~4A~, rE~~ IJ,JflY Affiant funher says that the said THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore becm 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 frrst publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, farm, or corPoration any discount, rebate, commission or refund for the purpose of securing tbis 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. wayfll~~~ Sworn to and SU~ribed before me this#-Day of ':tl!.h7J/Vt/, 2008 (SEAL) ~... /: IjrI'JtttY(~/lik~ Notary ;/ /J1J- ~ ,c, S 141I7'I11II-0153 SeVERt Y TRAEGER MY CONMISSION # D054.2J.~ EXPIRES: Apr,18,_ FiGri4o.~~ -'-' l i? ~71. .J .} "" \ '};J;.;. \ O~~d"'~~~E (305l2!l4-4B41 (_.~~ NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS The Board of County Commissioners of Monroe County, Florida (lithe Countyll) 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 Baven, Lower Sugarloafthrough 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 "" IDghway, 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. . \ ~.'~;1'i1 Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision inade by the Board with respect to any matter considered at such hearings,Qr 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. .~; i~ 1, .j,' .1 In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in tbis 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 191h 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 displav ad with bOl-der on the followin2 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) 11/21108. 11/28/08, 12/5108. ]2112/08 /....: ..,<",. .' ....;,. .~;.:'r' . ."'"; ~, -[ I J: <~ '" 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 Mantic 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 Atlantlc Ocean (between MM 65 and 71), Monroe County, Florida. ,'" --..,.-... ....._~-~............._._...b......' ..... il> -Ii -.f '" \ -,1',;.