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Resolution 017-2013RESOLUTION NO. 017 - 2013 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, including both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided, for properties in Stock Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key and three parcels on Boca Chica, authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2013, in the same manner as provided for ad valorem taxes; and WHEREAS, the County previously held public hearings in the past six years, adopting resolution No. 635 -2006, 568 -2007, 515 -2008, 463 -2009, 469 -2010, and 440b -2011; and WHEREAS, the previous resolutions are incorporated by reference; and and WHEREAS, the special assessments were initially levied for Stock Island on the 2004 tax bill; WHEREAS, the special assessments were initially levied for Big Coppitt and Duck Key on the 2007 tax bill; and WHEREAS, the Cudjoe Regional Final Assessment Resolution was adopted in July 2012 initially levying the Inner Island assessments on the 2012 tax bill and the Outer Island assessments on the 2013 tax bill; and WHEREAS, the County reserves the option to exercise in 2013 the previously declared intent to use the uniform method of collecting non -ad valorem assessments to any parcel benefiting from wastewater service that has not previously paid a System Development Fee, annual assessment, or Capacity Fee as set forth in the previously adopted Resolutions of Intent; and WHEREAS, proof of advertisement is included as Exhibit A; and NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. 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 for the 2013 tax bill. Such non -ad valorem assessments may be levied within Stock Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key and for three parcels on Boca Chica, including assessments for both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided. A legal description of such area subject to the assessment is attached hereto as Exhibit B. Section 2. The County hereby determines that the levy of the assessments is needed to fund the cost of wastewater utility services within the Stock Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, and Duck Key Service Areas, as well as the following three parcels on Boca Chica: RE 122870 - 000000, 122880 - 000000, and 122890 - 000000. 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 March 10, 2013. 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 January, 2013. Mayor George Neugent Mayor Pro Tern Heather Carruthers Commissioner Danny L. Kolhage Commissioner David Rice Commissioner Sylvia J. Murphy Yew Yes Y.es. Yes Y 9A Attest: AMY HEAVILIN CLERK Depu y Clerk BOARD OF COUNTY COMMISSIONERS OF MO ROE COUNTY F��� A� By: �1 Mayor o - N ca Ts 3 MO ROE COUNTY ATTORNEY P R VED AS "TRM: CYNTHIA L. FALL ASS& ANT COUNTY ATTORNEY Date — . — P-J 3 2 -7- r-- 'T1 O m C7 CZ EXHIBIT A PROOF OF ADVERTISEMENT A -1 U STATE OF FLORIDA nambdox.....,..�.�.�.` COUNTY OF MONROE Cooke Communications, LLC Florida Keys PO Box 1800 Before the undersigned authority personally appeared Randy G. Erickson, Key West FI 33041 who on oath says that he is Vice - President of Operations of the Key West Office .... 305- 292 -7777 Citizen, a daily newspaper published in Key West, in Monroe County, Extension... x219 Florida; that the attached copy of advertisement, being a legal notice in the Fax ....... 305- 295 -8025 matter of lecialsAkevsnews.com 0 � _k C_ C Cf� IPJ �P AJ+ 4 0 � I �Ia_11, INTERNET PUBLISHING keywest.com keysnews.com floridakeys.com key - west.com Web Design Services NEWSPAPERS The Citizen Southernmost Flyer Solares Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key Largo Free Press MARKETING SERVICES Commercial Printing Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing / Main Facility 3420 Northside Drive Key West, FL 33040 -1800 Tel 305 - 292 -7777 Fax 305 - 294 -0768 citizen(.kevwest.com Internet Division 33040 -3328 Tel 305 - 292 -1880 Fax 305 - 294 -1699 sales@keywest.com Upper Keys Office 91731 Overseas Hwy Tavernier, FL 33070 Tel 305 - 853 -7277 Fax 305 - 853 -0556 freepress @floridakeys.com was published in said newspaper in the issue(s) of eu4eR 19'4 2G - Z oi z 4 0, 201s 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 been 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 preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Signature of Affiant Sworn and subscribed before me this day of N ✓A , 2013 Notary Public: �o"WY DAWN KAWZINSKY NOTARY PUBLIC 'ESTATE OF FLORIDA z ? Comm# EE157233 s1 NCE 19 Expires 1/4/2016 Dawn Kawzinsky Expires: 1/4/16 Notary Seal Personally Known x Produced Identification Type of Identification Produced 1�S NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS The Board of County Commissioners of Monroe County, F)orida ("the County") 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 Stock Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key and three(3)parcels on Boca Chica: RE#122870-000000, 122880-000000 and 122890-000000 for the fiscal year beginning on October 1, 2013 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 January 16, 2013 in the Commission Chambers, Harvey Government Center, 1200 Truman Avenue, Key West, 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 such hearings or 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. 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 14"'day of December,2012. AMY HEAVILIN,Clerk Ad Interim and ex officio Clerk Ad Interim of the Board of County Commissioners of Monroe County,Florida December 26,2012 and January 2 and 9,2013 Key West Citizen 358869 FLORIDA KEYS • — 1 ``•per, - - G Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE ' Before the undersigned authority person- ally appeared WAYNE MARKHAM who on r oath, says that he is PUBLISHER of the NOTICE OF INTENT TO USE UNIFORM METHOD FLORIDA KEYS KEYNOTER, a twice OF COLLECTING NON-AD VALOREM ASSESSMENTS weekly newspaper published in Marathon, in Monroe County, Florida: that the The Board of County Commissioners of Monroe County,Florida("the County")hereby provides notice, pursuant to Section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform attached copy of advertisement was method of collecting non-ad valorem special assessments, for the cost of providing certain published in said newspaper in the issues wastewater capital improvements and connections,to be levied within the unincorporated area of: (date(s) of publication) of Monroe County encompassing the Stock Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key and three (3) 4)- /9 ,2 i /� � //�6 parcels on Boca Chica: RE#122870-000000, 122880-000000 and 122890-000000 for the fiscal year beginning on October 1, 2013 and continuing each year until discontinued by the ` 3 Y97( -3County. The County will consider the adoption of a resolution electing to use the uniform / of , 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 January 16,2013 in the Commission Chambers, Affiant further says that the said FLORIDA Harvey Government Center,1200 Truman Avenue,Key West,FL.Such resolution will state y the need for the levy and will contain a legal description of the boundaries of the real property KEYS KEYNOTER is a newspaper published subject to the levy.All interested persons are invited to attend. at Marathon, in said Mon roe Cou nty, Pursuant to Section 286.0105,Florida'Statutes,notice is given that if a person decides to appeal any Florida, and that the said newspaper has decision made by the Board with respect to any matter considered at such hearings or meetings,he heretofore been continuously published in will need a record of the proceedings, and that, for such purpose,'he may need to ensure that a said Monroe County, Florida, twice each verbatim record oiftheproceedingsis made,which record includes the testimony and evidence upon which the appeal is to be based. week (on Wednesday and Saturday) and has been entered as a second class mail ADAASSISTANCE: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 matter at the post office in Marathon, in phoning(305)292-4441, between the hours of 8:30 a.m. -5:00 p.m., no later than five (5) Monroe County, Florida, for a period of calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711". one year next preceding the first Dated at Key West,Florida this 14th day of December,2012. publication of the attached copy of7 advertisement. The affiant further says �(" :i AMY HEAVILIN,Clerk Ad Interimand ex officio Clerk Ad Interim of the Board of that he has neither paid nor promised any , ,k.if 1 County Commissioners of Monroe County,Florida person, firm, or corporation any discount, ,.. • Published Keynoter 12/19/12,12/26/12,1/2/13 and 1/9/13 rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official - Advertisements. ).) Sworn to su cribed before me this // of , 2013 (SEAL) a'(...r.---- ,i. r Pi f•, BEVERLY TRAEGER Notary :.: ;._< .Y COMMISSION#DD 969749 ry -�� F EXPIRES:April 18 2014 , :,;(F�s''� Bonded Thru Notary Public Undenriters • • THE REPORTER P.O. Box 1197,Tavernier,Fl 33070 92655 Overseas Hwy, Tavernier Fl 33070 Phone 305- 852-3216,Fax 305- 852-0199 PROOF OF PUBLICATION STATE OF FLORIDA , COUNTY OF MONROE Before the undersigned authority personally appeared NOTICE OF INTENT TO USE UNIFORM METHOD WAYNE MARKHAM who on oath, says that he is PUBLISHER of the THE REPORTER, a weekly OF COLLECTING NON-AD VALOREM ASSESSMENTS newspaper published in Tavernier, in Monroe The Board of County Commissioners of Monroe County,Florida("the County")hereby provides County, Florida: that the attached copy of notice, pursuant to Section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform advertisement was published in said newspaper in the method of collecting non-ad valorem special assessments, for the cost of providing certain issues of: (date(s)of publication) wastewater capital improvements and connections,to be levied within the unincorporated area of Monroe County encompassing the Stock Island, Key Haven, Big Coppitt, Lower /� 2/ /2. /�e /2 Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key and three (3) / parcels on Boca Chica: RE#122870-000000, 122880-000000 and 122890-000000 for the fiscal year beginning on October 1, 2013 and continuing each year until discontinued by the �/ / County. The County will consider the adoption of a resolution electing to use the uniform / / /� / // F 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 January 16,2013 in the Commission Chambers, Affiant further says that the said THE REPORTER is Harvey Government Center,1200 Truman Avenue,Rey West,FL.Such resolution will state a newspaper published at Tavernier, in said Monroe 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. County, Florida, and that the said newspaper has heretofore been continuously published in said Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person decides to appeal any Monroe County, Florida, each week (on Friday) and decision made by the Board with respect to any matter considered at such hearings or meetings,he has been entered as a second class mail matter at the 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 post office in Tavernier, in Monroe County, Florida, which the appeal is to be based. for a period of one year next preceding the first AA ASSISTANCE:If you are a person with a disability who needs special accommodations publication of the attached copy of advertisement. in order to participate in this proceeding,please contact the County Administrator's Office,by The affiant further says that he has neither paid nor phoning(305)292-4441, between the hours of 8:30 a.m. -5:00 p.m., no later than five(5) promised any person, firm, or corporation any calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711". discount, rebate, commission or refund for the Dated at Key West,Florida this 14th day of December,2012. purpose of securing this advertisement for publication in the said newspaper(s) and that The . -,, AMY HEAVILIN,Clerk Ad Interim THE REPORTER is in full compliance with Chapter and ex officio Clerk Ad Interim of the Board of 50 of the Florida State Statutes on Legal and Official � g' County Commissioners of Monroe County,Florida Advertisements. Published Reporter 12/21/12,12/28/12,1/4/13 and 1/11/13 . //t) j ez _____.-- Wayne Mar .am7ublisher Sworn to and subscrib before me this /J Day of ,2013 (SEAL) f.';77///.9(3--,a rf--. Notary ati;T,".'4••,, BEVERLY TRAEGER 't ,. % MY COMMISSION N DD 969749 ?s:,r�.,,;, EXPIRES:April 18,2014 ^.,,?,P eE:�F Bonded Thru Notary Public Underwriters Scott P. Russell, CFA MONROE COUNTY PROPERTY APPRAISER C U PO BOX 1176 KEY WEST FLORIDA 33041 -1176 Friday, January 11, 2013 MONROE COUNTY PROPERTY APPRAISER'S CONSENT TO EXTENSION OF TIME This Consent to Extension of Time is given as of January 11, 2013, by Scott P. Russell, the Monroe County Property Appraiser (Property Appraiser), to the County of Monroe, Florida (the ''County'). WHEREAS, the County desires to collect non -ad valorem assessments for the provision of Wastewater utility services; special assessments for the cost of providing wastewater utility services, including both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided, for properties in Stock Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key and three parcels on Boca Chica beginning with 2013 Tax Roll; WHEREAS, the County must adopt a resolution of intent under Chapter 197, Florida Statutes in order to collect said assessment on the Tax Collector's tax bill under the Uniform method of Collection; WHEREAS, the County would like an extension beyond January 1, 2013, to March 10, 2013, by which to adopt the resolution of intent; and WHEREAS, the County seeks the consent of the Property Appraiser and Tax Collector for such extension of time. NOW, THEREFORE, the Property Appraiser hereby consents, pursuant to section 197.3632(3)(a), Florida Statutes, to the County's holding of a public hearing prior on or before January 16, 2013 to consider the adoption of a resolution of the County Commissioners providing a notice of its intent to use the section 197.3632, Florida Statutes, non -ad valorem method of collecting assessments to fund the County's wastewater special assessments beg , w ith Fiscal year 2013 -2014, and furthermore agrees that the BOCC may send a copy of t Qreution once adopted by mail on or before 10, 2013. s } _ rn � N LA. "? N Z Scbtt P. Russell, C.F.A. Monroe County Property Appraiser Key West Marathon Plantation County Courthouse Marathon Government Center Plantation Government Center 500 Whitehead St. 2798 Overseas Hwy, Ste. 310 88700 Overseas Hwy. (305) 292 -3420 (305) 289 -2550 (305) 852 -7130 (305) 292 -3431 (Fax) (305) 289 -2555 (Fax) (305) 852 -7131 (Fax) MONROE COUNTY TAX COLLECTOR 1200 Truman Ave.., Key West, FL 33040 J 4D Phone: (305)295 -5000 Fax: (305)295 -5020 C CV O Q7 e C-- Q ny - LL rn �o 2 - MONROE COUNTY TAX COLLECTOR'S CONSENT TO EXTENSION OF TIME This Consent of Extension of time is given as of December 28, 2012 by the Monroe County Tax Collector (Tax Collector), to Board of County Commissioners (BOCC). WHEREAS, the Board of County Commissioners desires to collect non -ad valorem assessments for the cost of providing wastewater utility services, beginning with Fiscal Year 2013- 2014; WHEREAS, the BOCC must adopt a resolution of intent under Chapter 197, Florida Statues in order to collect said assessment on the Tax Collector's tax bill under the Uniform Method of Collection; WHEREAS, the BOCC would like an extension beyond January 1, 2013, to March 10, 2013, by which to adopt the resolution of intent: and WHEREAS, the BOCC seeks the consent of the Property Appraiser and Tax Collector for such extension of time. NOW, THEREFORE, the Tax Collector hereby consents, pursuant to section 197.3632(3)(a), Florida Statues, to the BOCC's holding of a public hearing prior to March 10, 2013 to consider the adoption of a resolution of the providing notice of its intent to use the section 197.3632, Florida Statues, non -ad valorem method of collection assessments to fund the BOCC's cost of providing wastewater utility services beginning with Fiscal Year 2013 -2014. Danise D Henri uez, CFC Monroe Coun ty Tax Collector Approved by the Board of County Commissioners of Monroe County, this 1e day of January, 2013. ATTEST: p AMY HEAVILIN, C ERK D puty Clerk BOARD OF COUNTY COMMISSIONERS O= OUN TS B . A, By S Mayor MONROE COUNTY ATTORNEY APP*OVtD NTHIA L. HALL ASSIST NT COUNTY ATTORNEY Date 1 201 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE, 101 KEY WEST, FLORIDA 33040 TEL. (305) 294 -4641 FAX(305)295 -3663 BRANCH OFFICE: MARATHON SUB COUR "rHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289 -6025 fi GOUN),, . P CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk -of- the - court.com January 29, 2013 Florida Department of Revenue Property Tax Administration Program PO Box 3294 Tallahassee FL 32315 -3294 To Whom It May Concern, BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX(305)852 -7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853 -7440 Attached is a certified copy of Resolution No. 017 -2013 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 January 16, 2013. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Amy Heavilin, CPA, Clerk of the Circuit Court and ex officio Clerkof the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Honorable Danise Henriquez, Tax Collector Honorable Scott P. Russell, Property Liz Wood, Senior Administrator, Wastewater File