Resolution 174-2012 MONROE COUNTY, FLORIDA
CUDJOE REGIONAL
CENTRALIZED OUTER ISLANDS
WASTEWATER ASSESSMENT PROGRAM
INITIAL ASSESSMENT RESOLUTION
(INCLUDING PARCELS WITHIN THE CENTRAL SERVICE BOUNDARIES
FROM LOWER SUGARLOAF AND RAMROD NORTH TO BIG PINE KEY)
June 20, 2012
TABLE OF CONTENTS
PAGE
ARTICLE I
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. DEFINITIONS 2
SECTION 1.02. INTERPRETATION 5
SECTION 1.03. GENERAL FINDINGS 5
ARTICLE II
WASTEWATER ASSESSMENTS
SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED 6
SECTION 2.02. IMPOSITION OF ASSESSMENTS 6
SECTION 2.03. PREPAYMENT AMOUNTS 6
SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS 6
SECTION 2.05. PREPAYMENT OPTION 7
SECTION 2.06. MANDATORY PREPAYMENT 7
SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION 8
ARTICLE III
NOTICE AND PUBLIC HEARING
SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL 8
SECTION 3.02. PUBLIC HEARING 8
SECTION 3.03. NOTICE BY PUBLICATION 9
SECTION 3.04. NOTICE BY MAILING 9
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. METHOD OF COLLECTION 9
SECTION 4.02. SEVERABILITY 10
SECTION 4.03. EFFECTIVE DATE 10
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TABLE OF APPENDICES
APPENDIX A DESCRIPTION OF THE CUDJOE REGIONAL CENTRALIZED
OUTER ISLANDS SERVICE AREA
APPENDIX B PUBLIC HEARING NOTICE TO BE PUBLISHED
APPENDIX C FORM OF MAILED NOTICE
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RESOLUTION NO. 174 - 2012
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, COLLECTION COSTS AND THE
OTHER TERMS AND CONDITIONS OF THE NON -AD
VALOREM ANNUAL WASTEWATER ASSESSMENTS;
ESTABLISHING THE AMOUNT AND TERM OF THE
ANNUAL WASTEWATER ASSESSMENT FOR EACH
PARCEL OF PROPERTY TO BE ASSESSED; DIRECTING
PREPARATION OF THE INITIAL NON -AD VALOREM
ASSESSMENT ROLL; ESTABLISHING A PUBLIC
HEARING TO CONSIDER IMPOSITION OF THE
PROPOSED WASTEWATER ASSESSMENTS AND THE
METHOD OF THEIR COLLECTION; DIRECTING THE
PROVISION OF NOTICE IN CONNECTION THEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
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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.
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"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.
"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 development fee without
interest or other Connection Costs.
"Improved Tax Parcel" means those privately owned properties in the service
areas described in Appendix A which generate wastewater and therefore will be required
to connect to the Cudjoe Regional Wastewater Centralized Treatment System.
"Non - 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
3
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.
"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
$5,700 per EDU.
"Tax Collector" 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 Collection 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.
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"Utility" means Florida Keys Aqueduct Authority.
SECTION 1.02. INTERPRETATION. Unless the context indicates
otherwise, words importing the singular number include the plural number, and vice
versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms
refer to this Resolution; and the term "hereafter" means after, and the term "heretofore"
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.
SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained,
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
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
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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.
ARTICLE II
WASTEWATER ASSESSMENTS
SECTION 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.
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 2013.
When imposed, the wastewater assessment for each Fiscal Year shall constitute a lien
upon such Tax Parcels pursuant to the Ordinance.
SECTION 2.03. PREPAYMENT AMOUNTS. In the initial year, the
amount necessary to prepay the System Development Fee in full for each Tax Parcel shall
be $5,700 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)
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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
Development Fee amortized together with interest up to 3% 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.
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 HEARING
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 June 21, 2012. 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 July 18, 2012,
at the County Commission Chambers in the Harvey Government Center, 1200 Truman
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Avenue, Key West, Florida, to consider (A) imposition of the Wastewater 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.
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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. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 20 day of June, 2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner George Neugent Yes
Commissioner Heather Carruthers Yes
C6i missioner Sylvia Murphy Yes
(S EAL)
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE OF MONROE COUNTY, FLORIDA
By: V' - By:
Deputy Clerk Mayor David ce
O N
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APPENDIX A
DESCRIPTION OF THE CUDJOE REGIONAL CENTRALIZED OUTER ISLANDS
WASTEWATER SERVICE AREA
That portion of the unincorporated area bounded on the west by Lower Sugarloaf Sound,
on the east by Upper Sugarloaf Sound, on the north by Florida Bay, and on the south by
Atlantic Ocean (between MM 16.6 and 19), and;
That portion of the unincorporated area bounded on the west by Niles Channel, 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 25.5 and 35) Monroe County, Florida.
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APPENDIX B
FORM OF NOTICE FOR PUBLIC HEARING TO
CONSIDER ADOPTION OF
FINAL ASSESSMENT RESOLUTION
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the Board of
County Commissioners of Monroe County, Florida will hold a public hearing on July 18,
2012 beginning at 5:01 p.m. in the Harvey Government Center, 1200 Truman Avenue,
Key West, FL 33040, to consider adoption of the:
Cudjoe Regional Centralized Outer Islands
Wastewater Assessment Program
Final Assessment Resolution
to impose and provide for collection of a special assessment on improved, privately owned
properties located in the centralized Cudjoe Regional Service Area (including Lower
Sugarloaf and Ramrod north to Big Pine Key). Figure 1. below depicts the geographic area
subject to the assessment.
Fi ure I.
Cudjoe Regional Wastewater
Central Boundaries $_y
:i.
Cudjoe
Ramrod 0;,`r
a
1 I .
•1 k �' . Big Pine
Lower Sugarloaf t Litre Torch
Upper Sugarloaf
Summerland
Legend
l♦ Inner Cudjoe Central System u•p aa.Q oasr...n aM.a..•a.w•, .. 2ola
D•U gams' Mmes• fanr.. Pwerlf apaarr. 12011. •a• 23'
201 2 an•p•M1M Mmm•Cpprar
- Outer Cudjoe Centel System prwa.e Wan .01 a Mmw copmr wop•m •omeeer• ona
WeSe rveG ove r n m e nts.c o m
B -1
DESCRIPTION OF SERVICE AREAS
CUDJOE REGIONAL CENTRALIZED WASTEWATER SERVICE AREA
That portion of the unincorporated area bounded on the west by Lower Sugarloaf Sound, on
the east by Upper Sugarloaf Sound, on the north by Florida Bay, and on the south by
Atlantic Ocean (between MM 16.5 and 19) and that portion of the unincorporated area
bounded on the west by Niles Channel, on the east by Big Spanish Channel and Bahia
Honda Channel, on the north by Florida Bay, and on the south by Atlantic Ocean Monroe
County, Florida.
All affected property owners have a right to appear and provide input at the hearing and may
file written objections with the County Administrator any time prior to the public meeting.
A more specific description of the assessment program is set forth in the proposed Initial
Assessment Resolution which can be viewed on the Monroe County website at http: / /fl-
monroecounty .civicplus.com /agendacenter following publication of the June 20, 2012
BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll is scheduled to be
available for inspection on June 21, 2012 at the County Administrator's office, located at
The Historic Gato Cigar Factory, 1100 Simonton Street, Suite 2 -205, Key West, Florida
following adoption of the Initial Assessment Resolution.
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 installments, the first of which will be included on the ad valorem tax bill
to be mailed in November 2012.
The public hearing is 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 any time prior to the public hearings, or twenty days from
this notice, whichever is longer.
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.
B -2
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations 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 five (5)
calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711"
Dated at Key West, Florida this (insert day) day of (insert Month), 2012.
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 display ad with border on the following dates:
Reporter
Keynoter
KW Citizen
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APPENDIX C
FORM OF MAILED NOTICE
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Monroe County , m Board of County Commissioners
Wastewater Dept. Mayor David Rice, Dist. 4
102050 Overseas Highway Mayor Pro Tem Kim Wi in on Dist. 1
George Suite 2 -223 y g
,. orge Neugent, Dist. 2
Key Largo, FL 33037 Heather Carruthers, Dist. 3
Sylvia Murphy, Dist. 5
«OwnerNamel» Sequence Number: MW- «SeqNum»
«OwnerName2» Notice Date: June 21, 2012
«OwnerAddl»
« OwnerAdd2»
«City» «State» «Zip» «COUNTRY»
Re: FORM of Notice of Wastewater Non -Ad Valorem Assessments
Dear Property Owner:
Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to
commence in the beginning of 2013 as required by the State Appropriation. 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 (insert
date). Contact FKAA's Customer Service at (insert #) to obtain a Wastewater Appeal form, or download
it from www.fkaa.com/forms.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 <MBinsert calc: 5700xEDU >. It is
anticipated that the Prepayment will be due by July 31, 2013, 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 beginning on the 2013 property tax bill. No action is
required on your part to elect this option. The total assessment revenue to be generated 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: <MBinsert max annual>
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You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for July
18, 2012 at 5:01 pm at the Harvey Government Center 1200 Truman Avenue, Key West, FL 33040. The
Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at
http: / /fl- monroecounty .civicplus.com /agendacenter on July 6, 2012. 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 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.
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. Contact FKAA at (insert #)
with questions regarding the connection process.
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