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Item I BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/7/2011 Division: Administrator Bulk Item: Yes X No _ Department: Wastewater Staff Contact Person/Phone #: Judy Clarke X4329 AGENDA ITEM WORDING: Approval of a resolution to continue the imposition of the Stock Island, Big Coppitt and Duck Key annual wastewater assessments. ITEM BACKGROUND: Collection of annual assessments began for the Stock Island Service Area for the 2004 tax year. Collection of annual assessments for the Big Coppitt and Duck Key Service Areas began for the 2007 tax year. Adoption of an annual rate resolution is required by County Ordinance 027 -2003 to continue collection of the annual assessments. PREVIOUS RELEVANT BOCC ACTION: On September 10, 2007, the BOCC adopted Resolution 302 -2007 imposing a special assessment to collect System Development Fees from the Big Coppitt and Duck Key Service Areas to fund that portion of the capital cost of the wastewater system being assessed to each owner up to a maximum of $4,500 per Equivalent Dwelling Unit (EDU). On August 11, 2004, the BOCC adopted Resolution 265 -2004, imposing a special assessment to collect a Capacity Fee of $2,700 per EDU from the Stock Island Service Area for those property owners electing to pay the capacity fee in installments. On July 15, 2003, the BOCC enacted Ordinance No. 027 -2003 to authorize the imposition of special assessments to fund the cost of wastewater treatment capacity. CONTRACT /AGREEMENT CHANGES: N /A. STAFF RECOMMENDATIONS: N /A. TOTAL COST: $23,500 INDIRECT COST: BUDGETED: Yes X No _ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $23,500 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB /Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # - • Revised 7/09 RESOLUTION NO. - 2011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CONTINUING THE ASSESSMENTS OF WASTEWATER SERVICE TO PROPERTIES IN THE BIG COPPITT, DUCK KEY, AND STOCK ISLAND SERVICE AREAS FOR THE 2011 TAX YEAR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County, Florida has enacted Ordinance No. 027 -2003 relating to the provision of wastewater service and facilities in Monroe County, Florida and authorizing the imposition and collection of wastewater assessments against property; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 261 -2004 relating to the provision of wastewater service to properties in the Stock Island Service Area, describing the capacity reservation fee, collection costs, and the other terms and conditions of the non -ad valorem annual wastewater assessments; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 265 -2004 that imposed a special assessment to collect System Development Fees from certain parcels of property within the Stock Island Service Areas to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of $2,700 per Equivalent Dwelling Unit ( "EDU "), wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 265 -2004 and the number of EDUs for non - residential properties was based on water consumption; and WHEREAS, the Stock Island Assessments have been imposed annually since 2004 to recover Capacity Reservation Fees advanced by Monroe County on behalf of certain parcels of property within the Stock Island Service Area; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 264 -2007 relating to the provision of wastewater service to properties in the Big Coppitt and Duck Key Service Areas, describing the system development fee, collection costs, and the other terms and conditions of the non -ad valorem annual wastewater assessments; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 302 -2007 that imposed a special assessment to collect System Development Fees from certain parcels of property within the Big Coppitt and Duck Key Service Areas to fund that portion of the capital cost of the wastewater system being assessed to each owner up to a maximum of $4,500 per Equivalent Dwelling Unit ( "EDU"), wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 302 -2007 and the number of EDUs for non - residential properties was based on water consumption; and WHEREAS, the Big Coppitt Assessments have been imposed annually since 2007 to pay a portion of the debt service on Obligations issued in connection with the construction of Wastewater Collection and Treatment Facilities within the Big Coppitt Service Area; and WHEREAS, the Duck Key Assessments have been imposed annually since 2007 to fund construction of a portion of the Duck Key Wastewater Treatment Facility; and WHEREAS, Section 2.02 of Resolution 261 -2004 established the assessment term for Stock Island to be 5, 10 or 20 years; and WHEREAS, the 10 and 20 year assessment terms expire in 2013 and 2023, respectively; and WHEREAS, Section 2.02 of Resolution 264 -2007 established the assessment term for Big Coppitt and Duck Key to be 20 years; and WHEREAS, the annual assessment revenue is necessary to repay debt obligations and capital construction costs. NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA, AS FOLLOWS. Section 1.0 The non -ad valorem annual assessment will be levied at the rate of $339.97 per EDU for those property owners who elected to pay the Capacity Reservation Fee over 10 years and at a rate of $207.73 for those property owners who elected to pay the Capacity Reservation Fee over 20 years as previously noticed for the Stock Island assessment program. Section 2.0 The non -ad valorem annual assessment will be levied at the rate of $441.00 per EDU as previously noticed by first class on August 2, 2007 for the Big Coppitt and Duck Key assessment programs. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 7 day of September, 2011. Mayor Heather Carruthers Mayor Pro Tem David Rice Commissioner Kim Wigington Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: (Seal) Attest: Danny L. Kolhage, Clerk Deputy Clerk v 1 7'''''',"' COUNTY AT" =" AP" "COVED A To /' , :;: �"' ' " UZArt',.!E A, r i TO I - e' ^' rQ , P; Y