Resolution 125-2013RESOLUTION NO. 125 - 2013
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 OUTER 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 Outer 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 developed in
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 Outer 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 Outer Island Service Area which initial or
additional wastewater service is required; and
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Cudjoe Outer Island Resolution 2013
WHEREAS, adjustments need to be made for inflation since there are financing costs
for the project; and
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 Outer 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 2013 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 Outer Islands Service Area
is December 2013. The CPI adjustment factor will be 1.0 until the December 2013 and
subsequent year CPI -U's are published. The CPI -U adjustment factor is calculated as
described below in 2.0.
1.11 Multi - family residences will be charged $4,500.00 for each dwelling unit times the
CPI -U adjustment factor. The CPI -U adjustment factor is calculated as described below
in section 2.0.
Wastewater capacity fee = $4,500 x number of EDUs x CPI -U adjustment factor (see
Section 2.0 below)
1.2 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 the 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)
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Cudjoe Outer Island Resolution 2013
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 2013.
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 occupancy was issued but the System Development Fee was not collected
pursuant to the Cudjoe Regional Outer 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 2013 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 April, 2013.
Mayor George Neugent
Yes
Mayor Pro Tem Heather Carruthers
Yes
Commissioner Danny Kolhage
Yes
Commissioner David Rice
Yes
Commissioner Sylvia Murphy
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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MONROE ATTORNEY
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Cudjoe Outer Island Resolution 2013 B WaLINGER, JR.
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