Resolution 331-2012 r
RESOLUTION NO. 331 -2012
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ESTABLISHING THE WASTEWATER
CAPACITY SERVICE FEE FOR PROPERTIES DEVELOPED WITHIN THE
CUDJOE REGIONAL CENTRALIZED INNER ISLAND SERVICE AREA
AFTER THE LEVY OF THE NON -AD VALOREM WASTEWATER
ASSESSMENTS; PROVIDING FOR A METHOD OF ADJUSTING FOR
INFLATION; PROVIDING FOR A METHOD OF COLLECTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Cudjoe Regional Centralized Wastewater Treatment System herein
referred to as the "System" is to be constructed with additional capacity for future development;
and
WHEREAS, impact fees are normally exacted from future new development of properties
but cannot currently be required for wastewater because the capacity for new development for the
foreseeable future is included in the System design; and
WHEREAS, Section 2.02 of the September 6, 2005 Interlocal Agreement between
Monroe County and the Florida Keys Aqueduct Authority, as amended September 19, 2007,
establishes the levy of non -ad valorem special assessments as a County responsibility; and
WHEREAS, Monroe County levied non -ad valorem wastewater assessments to collect
System Development Fees of $4,500.00 per Equivalent Dwelling Unit (EDU) from developed
properties within the Cudjoe Regional Centralized Inner Island Service Area as described in the
Final Assessment Resolutions adopted on July 18, 2012; and
WHEREAS, due to timing of development or changes in use, some properties requiring
wastewater service may not have been included on the non -ad valorem tax roll certified in
September 2012 or may not have been included for the extent of connection required for the usage
of that property; and
WHEREAS, in order to provide equity for all users of central wastewater systems, a
mechanism is necessary to collect a wastewater capacity fee from those properties within the
Cudjoe Regional Centralized Inner Island Service Area for which initial or additional wastewater
service is required; and
WHEREAS, these wastewater capacity fees from future development have been determined
to be necessary to pay towards the anticipated debt obligation incurred to provide future
development with wastewater service; and
WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those
properties within the Cudjoe Regional Centralized Inner Island Service Area which initial or
additional wastewater service is required; and
WHEREAS, adjustments need to be made for inflation since there are financing costs for
the project; and
Cudjoe Inner Island Assessment Res. 2012 1
f
WHEREAS, the inflationary element would contribute to the overall financing costs
similar to the interest factor included on the annual assessment;
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, FLORIDA, AS FOLLOWS:
Section 1.0. The following fees are hereby established for wastewater system capacity within the
Cudjoe Regional Centralized Inner Island Service Area. These fees apply to new development and
re- development for which permits are or were issued subsequent to the non -ad valorem wastewater
assessments levied on the 2012 tax bill:
1.1 Residential Service:
The wastewater capacity fee for residential service is $4,500.00 per residential unit (EDU) times an
adjustment for inflation based upon the all cities Consumer Price Index for all urban consumers
(CPI -U) as published by the Bureau of Labor Statistics of the U.S. Government. Single family
residences will be charged $4,500.00 times a CPI -U adjustment factor. The base date for CPI
adjustments for the Inner Islands Service area is December 2012. The CPI adjustment factor will
be 1.0 until the December 2012 and subsequent year CPI -Us are published. The CPI -U adjustment
factor is calculated as described below in section 2.0.
1.11 Multi- family residences will be charged $4,500.00 for each dwelling unit times the CPI -U
adjustment factor.
Wastewater capacity fee = $4,500.00 x number of EDUs x CPI -U adjustment factor (see Section
2.0 below)
1.1 Non - Residential Service:
The wastewater capacity fee for non - residential properties shall be calculated based on an
estimated EDU allocation provided by the Florida Keys Aqueduct Authority. The EDU allocation
will be based on the anticipated volume (in gallons) of wastewater anticipated to be generated by
the property divided by a volume to EDU conversion of 167 gallons /EDU. The wastewater
capacity fee will be adjusted for inflation in the same manner described in sections 1.1 and 1.11 for
residential properties. The anticipated volume shall be calculated based on the State of Florida
Department of Health System Size Determinations found in Florida Administrative Code (Chapter
64E -6.008 as of the date of this resolution).
Wastewater capacity fee = $4,500 x number of EDUs x CPI -U adjustment factor (see Section 2.0
below)
Section 2.0. The CPI -U adjustment factor is calculated each year by dividing the most recent
year's December CPI -U (not seasonally adjusted) by the CPI -U (not seasonally adjusted) for
December 2012.
Section 3.0. The wastewater capacity fee shall be collected by the Monroe County Building
Department upon issuance of a permit, or if a permit has already been issued but no certificate of
occupancy has been issued, the fee shall be collected by the Monroe County Building Department
prior to the issuance of the certificate of occupancy. If a building permit or certificate of
Cudjoe Inner Island Assessment Res. 2012 2
occupancy was issued but the System Development Fee was not collected pursuant to the Cudjoe
Regional Inner Islands Final Assessment Resolution nor was the wastewater Capacity Fee collected
by the Building Department, the wastewater capacity fee will be collected as a supplementary non -
ad valorem assessment to the 2012 tax roll. The non -ad valorem assessment will be collected as a
part of the annual property tax bill and will include the opportunity for prepayment.
Section 4.0. These fees shall apply to all permits and certificates of occupancy issued after the
effective date of this resolution.
Section 5.0. This resolution shall become effective immediately upon its adoption by the Monroe
County Board of County Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a meeting of said Board held on the 17 day of October, 2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner George Neugent Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy des
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORID
(Seal) Attest Amy HEAv
Clerk_ A he.44.3
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Mayor
Deputy Clerk
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MONROE COUNTY ATTORNEY
APP' • VED AS TO 10 .; •
N NE A. HUITON
Cudjoe Inner Island Assessment Res. 2012 3