Resolution 184-2013RESOLUTION NO. 184 2013
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER
CAPACITY; IMPOSING ANNUAL WASTEWATER ASSESSMENTS FOR
PROPERTIES ADDED TO THE SERVICE AREA IN JANUARY 2013 OR DEVELOPED
SINCE THE PRIOR ASSESSMENT ROLL FOR THE CUDJOE REGIONAL INNER
ISLANDS SERVICE AREA; APPROVING THE SUPPLEMENTAL NON -AD
VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE
WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 15, 2003 the Board of County Commissioners (the 'Board ") of Monroe
County, Florida, enacted Ordinance No. 027 -2003 (the "Ordinance "), to authorize the imposition
of special assessments to fund the cost of wastewater treatment capacity; and
WHEREAS, on June 20, 2012, the Board adopted. Resolution No. 173 -2012 (the "Initial
Assessment Resolution ") relating to the provision of wastewater service to properties in the
Cudjoe Regional Centralized Inner Islands Service Area, describing System Development Fees
(SDFs), collection costs and other terms and conditions of wastewater assessment for properties
located within these areas; and directing preparation of the preliminary Non -Ad Valorem
Assessment Roll and publication of the notice required by the Ordinance; and
WHEREAS, on July 18, 2012 the Board adopted Resolution No. 197 -2012 (the Final
Assessment Resolution) relating to the provision of wastewater capacity; imposing annual
wastewater assessments; approving the Non-Ad Valorem assessment roll; providing for
collection of the wastewater assessments; and providing an effective date; and
WHEREAS, on May 15, 2013, the Board adopted Resolution No. 154 -2013, the Cudjoe
Regional Inner Islands Wastewater Assessment Supplemental Program Initial Assessment
Resolution (the "Initial Inner Supplemental Assessment Resolution"), as amended herein; and
WHEREAS, the Initial Inner Supplemental Assessment Resolution, as amended herein, contains
and references a brief and general description of the properties to be assessed; and
WHEREAS, in order to levy the Wastewater Assessments for the Fiscal Year beginning October
1, 2013, the Ordinance requires the Board to adopt a Final Supplemental Assessment Resolution
( "Resolution ") which establishes the rates of the assessment and approves the Wastewater
Assessment Roll for the upcoming Fiscal Year, with such amendments as the Board deems
appropriate, after hearing comments and objections of all interested parties; and
WHEREAS, the updated Wastewater Assessment Roll has been filed with the County
Administrator, as required by the Ordinance; and
Cudjoe Inner Islands
Final Inner Supplemental Assessment Resolution Page 1 of 24
WHEREAS, notice of a public hearing has been published and mailed, as required by the terms
of the Ordinance, notifying each property owner of the opportunity to be heard concerning the
assessments; the proof of publication and affidavit of mailing are attached hereto as Appendices
A and B; and
WHEREAS, a public hearing was held on June 19, 2013 and comments and objections of all
interested persons have been heard and considered as required by the terms of the Ordinance;
and
WHEREAS, as directed by the Board on June 19, 2013 the Final Assessment Resolution was
amended to include the property identified by the Alternate Key number 1232904 in the Cudjoe
Regional Inner Islands Assessment Supplemental Program.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 125,
Florida Statutes, and other applicable provisions of law.
SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution as defined in
the Ordinance. All capitalized terms in the Resolution shall have the meanings defined in the
Ordinance and the Initial Supplemental Assessment Resolution.
SECTION 3. MODIFICATION AND CONFIRMATION OF INITIAL SUPPLEMENTAL ASSESSMENT
RESOLUTION. (A) For purposes of clarification, the term "System Development Fee" contained
in Section 1.01 in the Initial Inner Supplemental Assessment Resolution is modified to read as
follows:
"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 $4,500 per
Equivalent Dwelling Unit (EDU). The number of EDUs for residential properties will be
the number of residential units for that Tax Parcel as determined by the Property
Appraiser at the time of adoption of the resolution. The EDU Allocation for non-
residential property is calculated by using the highest three month average water
consumption over a three year period and dividing it by the average monthly water
consumption for a residential unit. For the purposes of EDU Allocation, the average
water consumption for a residential unit is 167 gallons /day.
[rest of page intentionally left blank]
Cudjoe Inner Islands
Final Inner Supplemental Assessment Resolution Page 2 of 24
SECTION 4. INITIAL INNER SUPPLEMENTAL ASSESSMENT RESOLUTION AMENDED.
(A) The Initial Inner Supplemental Assessment Resolution is hereby amended as follows to
include this new Section 2.02 concerning the expansion of the Cudjoe Regional Inner Islands
Wastewater Assessment Supplemental Program:
SECTION 2.02. EXPANSION OF CUDJOE REGIONAL INNER ISLANDS WASTEWATER
ASSESSMENT SUPPLEMENTAL PROGRAM. The Cudjoe Regional Inner Islands
Wastewater Assessment Supplemental Program, as described in Section 2.01 of the
Initial Inner Supplemental Assessment Resolution is hereby expanded to include the
following parcel, as more particularly described by the following Alternate Key numbers:
AltKey
Owner Name
1233111
CBRIS LLC
1232904
KG KEYS LLC
(B) All other sections of the Initial Inner Supplemental Assessment Resolution shall be
renumbered accordingly to allow for this new Section 2.02.
(C) Except as modified, supplemented and amended herein, the Initial Inner Supplemental
Assessment Resolution shall remain in full force and effect.
SECTION S. CONFIRMATION OF INITIAL INNER SUPPLEMENTAL ASSESSMENT RESOLUTION.
The Initial Inner Supplemental Assessment Resolution, as amended herein, is hereby ratified
and confirmed.
SECTION 6. APPROVAL OF NON -AD VALOREM ASSESSMENT ROLL. The Non -Ad Valorem
Assessment Roll, a copy of which is attached hereto as Appendix C, is hereby approved.
SECTION 7. WASTEWATER ASSESSMENTS (A) The Tax Parcels described in the Non -Ad
Valorem Assessment Roll are hereby found to be specially benefited by the provision of
wastewater capacity in the amount of the annual Wastewater Assessment set forth in the Non -
Ad Valorem Assessment Roll. The methodology for computing annual Wastewater
Assessments described in the Initial Inner Supplemental Assessment Resolution represents a
fair and reasonable apportionment of cost among the Tax Parcels receiving the special benefit
and is hereby approved. Annual Wastewater Assessments computed in the manner described
in the Non -Ad Valorem Assessment Roll at the rate and for the term designated for each Tax
Parcel in the Non -Ad Valorem Assessment Roll are attached hereto as Appendix C. The Initial
Inner Supplemental Annual Wastewater Assessment will be included on the ad valorem tax bill
to be mailed in November 2013.
Cudjoe Inner Islands
Final Inner Supplemental Assessment Resolution Page 3 of 24
(B) Pursuant to the Uniform Assessment Collection Act and the Ordinance, the Wastewater
Assessments shall constitute a lien against assessed property equal in rank and dignity with the
liens of all state, county, district or municipal taxes and other Non -Ad Valorem assessments
Except as otherwise provided by law, such lien shall be superior in dignity to all other prior
liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the
Board of the Final Inner Supplemental Assessment Resolution or an Annual Assessment
Resolution and shall attach to the property included on the Non -Ad Valorem Assessment Roll as
of the prior January 1, the lien date for ad valorem taxes.
(C) As to any Real Estate Parcel that is acquired by a public entity through condemnation,
negotiated sale or otherwise prior to adoption of the next Annual Assessment Resolution, the
Adjusted Prepayment Amount shall constitute a lien against assessed property equal in rank
and dignity with the liens of all state, county, district or municipal tax and other Non -Ad
Valorem assessments. Except as otherwise provided by law, such lien shall be superior in
dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon
adoption by the BOCC of the Final Inner Supplemental Assessment Resolution and shall attach
to the property included on the Assessment Roll upon adoption of the Final Inner Supplemental
Assessment Resolution.
SECTION 8. COLLECTION OF WASTEWATER ASSESSMENTS. The Wastewater Assessments
shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of the
Annual Assessment Resolution for each Fiscal Year, the County Administrator shall cause the
certification and delivery of the Non -Ad Valorem Assessment Roll to the Tax Collector by
September 15, in the manner prescribed by the Uniform Assessment Collection Act.
SECTION 9. EFFECT OF FINAL INNER SUPPLEMENTAL ASSESSMENT RESOLUTION. The
adoption of the Final Inner Supplemental Assessment Resolution shall be the final adjudication
of the issues presented herein and in the Initial Inner Supplemental Assessment Resolution
(including, but not limited to, the reasonableness of the legislative determination of special
benefit and fair apportionment to the assessed property; the reasonableness of the method of
apportionment; the enforceability and accuracy of the calculation of the initial rate of
assessment and the preparation of the initial Non -Ad Valorem Assessment Roll; and the validity
and the enforceability of the lien of the annual Wastewater Assessment), unless proper steps
are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of
Board action on this Final Inner Supplemental Assessment Resolution.
Cudjoe Inner Islands
Final Inner Supplemental Assessment Resolution Page 4 of 24
SECTION 10. ASSESSMENT NOTICE. The County Administrator is hereby directed to record
this Resolution as notice of the Wastewater Assessments in the Official Records Book in the
office of the Monroe County Clerk of Courts. The preliminary Non -Ad Valorem Assessment Roll
and each annual Non -Ad Valorem Assessment Roll shall be retained by the County
Administrator and shall be available for public inspection.
SECTION 11. APPEAL PROCEDURE. (A) EDUs were allocated for Real Estate Parcels requiring
wastewater service within the Centralized Cudjoe Regional Wastewater Service Area based on
the Property Appraiser classification of residential parcels and the water consumption for non-
residential parcels. The appeal procedure attached hereto as Appendix D is hereby established
for an owner of a Real Estate Parcel to challenge the treatment of the property for purposes of
the assessments.
(B) Notwithstanding Section 11 of the Final Inner Supplemental Assessment Resolution, any
appeals for the 2013 tax bill must be filed by August 31, 2013.
SECTION 12. PREPAYMENT NOTICES. The County Administrator is hereby directed to provide
notice by first class mail to the owner of each Real Estate Parcel described in the Assessment
Roll of the opportunity to prepay all future annual Assessments, without additional financing or
administrative costs. The notice, in substantially the form attached as Appendix E, shall be
mailed to each property owner at the address utilized for the notice provided pursuant to
Section 3.04 of the Initial Inner Supplemental Assessment Resolution, as amended herein.
SECTION 13. EFFECTIVE DATE. This Resolution shall take effect immediately upon its
adoption.
(rest of page intentionally left blank— signature page follows]
Cudjoe Inner Islands
Final Inner Supplemental Assessment Resolution Page 5 of 24
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 19 day of June 2013.
Mayor George Neugent
Mayor Pro Tern Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
Yes
Yes
Yes
Yes
Yes
(SEAL)
Attest: AMY HEAVILIN, CLERK
By: Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By: Mayorj airperson
[rest of page intentionally left blank)
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MONROE COUNTY ATTORNEY
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Date — 5 -
Cudjoe Inner Islands
Final Inner Supplemental Assessment Resolution
Page 6 of 24
Appendix A
Proof of Publication
Cudjoe Inner Islands
Final Inner Supplemental Assessment Resolution Page 7 of 24
UYOWEST
Cooke Communications, LLC
Florida Keys
PO Box 1800
Key West Fl 33041
Office .... 305- 292 -7777
Extension... x219
Fax ....... 305- 295 -8025
Is aals0keysnews.com
INTERNET PUBLISHING
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Key West, FL
33040 -1800
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citizen a.kevwest.com
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Fax 305 - 294 -1699
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Upper Keys Office
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Tel 305 - 853 -7277
Fax 305 - 853 -0556
freepress@floridakeys.com
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Tommy Todd, who on
oath says that he is Advertising Director of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the
attached copy of advertisement, being a legal notice in the matter of
0-f-- NL
U/J GT 4-c
Js WAS
was published in said newspaper in the issue(s) of
o13
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 perswa, firm or corporation any
discount, rebate, commission or refund for the p ose offing this
advertisement for publication in the said newspaper.
Sworn and subscribed before me this day of , 2013
Notary Public:
t DAWN KAWZINSKY
NOTARY PUBLIC
STATE OF FLORIDA
Comm# EE157233
E Expires 1/412016
v-%AJ Y-'\
Dawn Kawzinsky
Expires: 1/4/16 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
NOTICE OF INTENTION TO CONSIDER ADOPTION
OF COUNTY FINAL ASSESSMENT RESOLUTION
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 19, 2013 at 3:00 p.m.,
or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas
Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County Commissioners
of Monroe County, Florida intends to conduct public hearings to consider approval of the following
County final assessment resolution:
CUDJOE REGIONAL INNER ISLANDS
WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM
FINAL ASSESSMENT RESOLUTION
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, RELATING TO THE PROVISION OF WASTEWATER CAPACITY; IMPOSING
ANNUAL WASTEWATER ASSESSMENTS FOR PROPERTIES ADDED TO THE SERVICE
AREA IN JANUARY 2013 OR DEVELOPED SINCETHE PRIOR ASSESSMENT ROLL FORTHE
CUDJOE REGIONAL INNER ISLANDS SERVICE AREA; APPROVING THE SUPPLEMENTAL
NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE
WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.
The figure below depicts the limits of the Cudjoe Regional Wastewater Treatment System Inner
Islands Service Area. Wastewater Assessments shall be imposed on improved, privately owned
tax parcels in the centralized Cudjoe Regional Service Area in the Cudjoe Regional Services
Area that include (1) Inner Island expanded service area parcels, as adopted by resolution on
JANUARY 16, 2013; (2) parcels in the Cudjoe Regional Wastewater Treatment System Service
Area that have been developed or issued a permit to develop after JANUARY 28, 2009. The
final non -ad valorem supplemental assessment rolls prepared as directed by the adoption of this
resolution will include properties to receive central wastewater service. The central service boundary
is as delineated in the Master Plan Update approved by the Board of County Commissioners on
January 28, 2009 and updated by resolution on July 18, 2012. First class notices describing the
supplemental assessment programs were mailed to owner addresses on file with the property
appraiser following the adoption of the initial resolution on May 15, 2013.
A more specific description of the Cudjoe Regional Inner Islands Wastewater Assessment
Supplemental Program is set forth in the proposed Final Assessment Resolution which can be viewed
on the Monroe County website at http: / /fl- monroecounty .civicplus.com /agendacenter following
publication of the June 19, 2013 BOCC agenda. The preliminary Non -Ad Valorem Assessment
Roll for the Cudjoe Regional Inner Islands Wastewater Assessment Supplemental Program is
available for inspection at the County Administrator's office, located at The Historic Gato Cigar
Factory, 1100 Simonton Street, Suite 2 -205, Key West, Florida.
The assessments will be collected on the ad valorem tax bill by the Tax Collector, as authorized by
Section 197.3632, Florida Statutes. Failure to pay the assessment 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 2013.
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 hearing and to file written objections with the County Administrator any
time prior to the public hearing, or twenty days from the date of 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 hearing, 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.
ADA A SSISTANCE:Ifyouareaperson witha disability who needsspecialaccommodations inorder
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 15th day of May, 2013.
AMY HEAVILIN, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
May 24, 2013 Key West Citizen
Cudjoe Regional Wastewater Treatment System Inner Islands Service Area
RECEIVED
'JUN 0 6 2013
Published Twice Weekly
Marathon, Monroe County, Florida
NONROE COUNTY ATTORNEY
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
S' -�5 - /3
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement. The 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(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 0f , 2013
(SEAL)
Notary
BEVERLY TRAEGER
COh OSSION # DD 969749
EXPIRES. April 18, 2014
...... Bonded i hru Notary Public Underwriters
_&
ADAASSISTANCE: Ifyou 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) cal-
endar days prior to the scheduled meeting, if you are hearing or voice impaired, call "711':
Dated at Key West, Florida this 15`h day of May, X013.
h AMY HEAVILIN, Clerk of the Circuit Court
" and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Published Keynoter 5 -25 -13
NOTICE OF INTENTION TO CONSIDER ADOPTION
OF COUNTY FINAL ASSESSMENT RESOLUTION
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 19, 2013 at
3:00 p.m., or as soon thereafter as may be heard, at the Marathon Government Center, 2798
Overseas Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida intends to conduct public hearings to consider approval
of the following County final assessment resolution:
CUDJOE REGIONAL INNER ISLANDS
WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM
FINAL ASSESSMENT RESOLUTION
A RESOLUTION OF THE BOARD OF COUNTY COMMISSION-
ERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PRO-
VISION OF WASTEWATER - ,CAPACITY; IMPOSING ANNUAL
WASTEWATER ASSESSMENTS FOR PROPERTIES ADDED TO
THE SERVICE AREA IN JANUARY 2013 OR DEVELOPED SINCE
THE PRIOR ASSESSMENT ROLL FOR THE CUDJOE REGIONAL
INNER ISLANDS SERVICE AREA; APPROVING THE SUPPLE-
MENTAL NON -AD VALOREM-ASSESSMENT ROLL; PROVIDING
FOR COLLECTION OF TH9 WASTEWATER ASSESSMENTS;
AND PROVIDING AN EFFECTIVE DATE.
The figure below depicts the limits of the Cudjoe- Regional Wastewater Treatment System Inner
Islands Service Area. Wastewater Assessments shall be imposed on improved, privately owned tax
parcels in the centralized Cudjoe Regional Service-Area in the Cudjoe Regional Services Area that
include (1) Inner Island expanded service area parcels, as adopted by resolution on JANUARY 16,
2013; (2) parcels in the Cudjoe Regional Wastewater Treatment System Service Area that hav
been developed or issued a permit to develop after JANUARY 28, 2009 The final non -ad valorem
supplemental assessment rolls prepared as directed by the adoption of this resolution will include
properties to receive central wastewater service. The central service boundary is as delineated in
the Master Plan Update approved by the Board of County Commissioners on January 28, 2009
and updated by resolution on July 18, 2012. First class notices describing the supplemental assess-
ment programs were mailed to owner addresses on file with the property appraiser following the
adoption of the initial resolution on May 15, 2013.
A more specific. description of the Cudjoe Regional Inner Islands Wastewater Assessment
Supplemental Program is set forth in the proposed Final Assessment Resolution which can be
viewed on the Monroe County website at htip://fl-monroecouniy.civicplus.com/a2endacenter fol-
lowing publication of the June 19, 2013 BOCC agenda. following publication of the June 19, 2013
BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe Regional Inner
Islands Wastewater Assessment Supplemental Program is available for inspection at the County
Administrator's office, located at The Historic Gato Cigar Factory, 1100 Simonton Street, Suite'2-
205, Key West, Florida.
The assessments will be collected on the ad valorem tax bill by the Tax Collector, as authorized by
Section 197.3632, Florida Statutes. Failure to pay the assessment 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 2013. ,
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 own-
ers have a right to appear at the hearing and' to file written objections with the County
Administrator any time prior to the public hearifi�, or twenty days from the date of 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 hearing, such per-
son 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 e vidence upon which the appeal is to be based.
THE REPORTER
P.O. Box 1197, Tavernier, F133070
92655 Overseas Hwy, Tavernier F133070
Phone 305- 852 -3216, Fax 305- 852 -0199
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared
WAYNE MARKHAM who on oath, says that he is
PUBLISHER of the THE REPORTER, a weekly
newspaper published in Tavernier, in Monroe
County, Florida: that the attached copy of
advertisement was published in said newspaper in the
issues of: (date(s) ofpublication)
5- ,�ZL�- -13
Affiant further says that the said THE REPORTER is
a newspaper published at Tavernier, in said Monroe
County, Florida, and that the said newspaper has
heretofore been continuously published in said
Monroe County, Florida, each week (on Friday) and
has been entered as a second class mail matter at the
post office in Tavernier, in Monroe County, Florida,
for a period of one year next preceding the first
publication of the attached copy of advertisement.
The 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(s) and that The
THE REPORTER is in full compliance with Chapter
50 of the Florida State Statutes on Legal and Official
Advertisements.
i1
Wayne MarkhAm. P lisher
Sworn to and subscribed before me
this ' J/ Day of , 2013
(SEAL) ly
Notary
-----------
r id P BEVERLY TRAEGER
MY COMMISSION k DD 969749
1%a• :; EXPIRES: April 18 2014
;+ •.
I ;�p � ng•' Bonded Thru Notary Public Underwriters
RECEIVED
rJUN 0 6 2013
MONROE cOUNTY ATTOMNEY
pi -�
, AJN ��
ADAASSISTANCE: If you are a person with a disa4`jjty 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) cal-
endar days prior to the scheduled meeting; ifyou are hearing or voice impaired, call "711':
Dated at Hey West, Florida this 15' day of May, 2013.
AMY HEAVILIN, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Published Reporter 5 -24 -13
NOTICE OF INTENTION TO CONSIDER ADOPTION
OF COUNTY FINAL ASSESSMENT RESOLUTION
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 19, 2013 at
3:00 p.m., or as soon thereafter as may be heard, at the Marathon Government Center, 2798
Overseas Highway,•Mile Marker 50, Marathon, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida intends to conduct public hearings to consider approval
of the following County final assessment resolution:
CUDJOE REGIONAL INNER ISLANDS
WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM
FINAL ASSESSMENT RESOLUTION
A RESOLUTION OF THE BOARD OF COUNTY COMMISSION-
ERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PRO-
VISION .OF WASTEWATER CAPACITY; IMPOSING ANNUAL
WASTEWATER ASSESSMENTS FOR PROPERTIES ADDED TO
THE SERVICE AREA IN JANUARY 2013 OR•DEVELOPED SINCE
THE PRIOR ASSESSMENT ROLL FOR THE CUDJOE REGIONAL
INNER ISLANDS SERVICE AREA; APPROVING THE SUPPLE -
MENTAL NON -AD VALOREM ASSESSMENT ROLL; PROVIDING
FOR COLLECTION OF THE WASTEWATER ASSESSMENTS;
AND PROVIDING AN EFFECTIVE DATE.
The figure below depicts the limits of the Cudjoe Regional Wastewater Treatment System Inner
Islands Service Area. Wastewater Assessments shall be imposed on improved, privately owned tax
parcels in the centralized Cudjoe Regional Service Area in the Cudjoe Regional Services'Area that
include (1) Inner Island e_panded service area parcels, as adopted by resolution on JANUARY 16,
2013; (2) parcels in the Cudjoe Regional Wastewater Treatment System Service Area that have
been developed or issued a permit to develop after JANUARY 28, 2009 The final non -ad valorem
supplemental assessment rolls prepared as directed by the adoption of this resolution will include
properties to receive central wastewater service. The central service boundary is as delineated in
the Master Plan Update approved by the Board of County Commissioners on January 28, 2009
ana updated by resolution on July 18, 2012. First class notices describing the supplemental assess-
ment programs were mailed to owner addresses on file with the property appraiser following the
adoption of the initial resolution on May 15, 2013.
A more specific description of the' Cudjoe Regional Inner Islands Wastewater Assessment
Supplemental Program is set forth in the proposed Final Assessment Resolution which can be
viewed on the Monroe County website at hIU2:Hfl-monroecoun!Y.civicl2lus.com/agendacenter fol-
lowing publication of the June 19, 2013 BOCC agenda. following publication of the June 19, 2013
BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe Regional Inner
Islands Wastewater Assessment Supplemental Program is available for inspection at the County
Administrator's office, located at The Historic Gato Cigar Factory, 1100 Simonton Street, Suite 2-
205, Key West, Florida.
The assessments will be collected on the ad valorem tax bill by the Tax Collector, as authorized by
Section 197.3632, Florida Statutes. Failure to pay the assessment 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 2013.
The public hearing is being held for the purpose of receiving public comment on the proposed
assessments and collection of the assessmenvon the ad valorem tax roll. All affected property own-
ers have a right to appear at the hearf�g and to file written objections with the County
Administrator any time prior to the public hearing, or twenty days from the date of 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 hearing, such per-
son 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
Affidavit of Mailing
Cudjoe Inner Islands
Final Inner Supplemental Assessment Resolution Page 16 of 24
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Kevin Wilson and
Sandi Melgarejo, who, after being duly sworn, depose and say:
1. Kevin Wilson, Monroe County Public Works & Engineering Division, (the
"County "), pursuant to the authority and direction received from the Board of County
Commissioners thereof, timely directed the preparation of the Cudjoe Regional Inner
Island Wastewater Supplemental Assessment Roll and the preparation, mailing, and
publication of notices, in conformance with the Initial Assessment Resolution adopted
by the County Commission on May 15, 2013.
2. Sandi Melgarejo is Project Coordinator for Government Services Group,
Inc., a Florida corporation ( "GSG "). GSG has caused the notices required to be
prepared in conformance with the Initial Assessment Resolution. An exemplary form of
such notice is attached hereto. GSG has caused such individual notices for each
affected property owner to be prepared and each notice included the following
information: the purpose of the assessment; the total amount proposed to be levied
against each parcel; the unit of measurement to be applied against each parcel to
determine the assessment; the number of such units contained within each parcel; the
total revenue the County expects to collect by the assessment; a statement that failure
to pay the assessment will cause a tax certificate to be issued against the property
which may result in a loss of title; a statement that all affected property owners have a
right to appear at the hearing and to file written objections with the local governing
board within 20 days of the notice; and the date, time, and place of the hearing.
3. On or before May 29, 2013, GSG caused the mailing of the above-
referenced notices in accordance with the Initial Assessment Resolution by First Class
Mail to each affected owner, at the addresses then shown on the real property
assessment tax roll database maintained by the Monroe County Property Appraiser for
the purpose of collection of ad valorem taxes.
FURTHER AFFIANTS SAYETH NOT.
Ke in Ulson, affiant
85ndi Melgarejo, affiant
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
-� day of June 2013 by Kevin Wilson, Public Works & Engineering Division, Monroe
County, Florida. He /she is personally known to me or has produced
as identification and did take an oath.
g.
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.: EE ps - 3994z
Y MY COMMISSION EEt 853992
. ? EXPIRES: March 26.2017
'p Pt F BomM Tft Not91Y Pd* UndeVbM
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of June 2013 by Sandi Melgarejo, Project Coordinator, Government Services
Group, Inc., a Florida corporation. She is personally known to me or has produced
as identification and did take an oath.
"••. TAMMY S r
9rinted Name: i s
l; conrdssia #DD9213a� Notary Public, State of Florida
_•• • _ E August 31, 2013 t At Large
„..,.TF.n"+°'80� "; ' My Commission Expires: O�
Commission No. '\-�)_
Appendix C
Non -Ad Valorem Assessment Roll
Cudjoe Inner Supplemental (cont'd)
ALT
OWNER
1149772
ANDREW & HELEN SAUNDERS
1149781
PAUL D FOX
1149799
WENDY L MEYER
1149829
EDGAR & OLYMPIA OTTO
1149837
TIITF
9082442
ROBERT & JUDITH YASUDA
1149896
F P T& R J B LIMITED PARTNERSHIP
1149900
RAYMOND C CUDA
1149918
TIITF
1149934
WALTER E DAVIS 1R
1150428
Roger Akers
1150436
Roger Akers
1150444
Orlando Linares
1150452
Michael & Tammy Bryan
1150461
TIITF
1150576
MONORE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
1150584
JOHN DICKENSON
1150592
JOSE RAUL HERNANDEZ
1150606
TIITF
1150614
EARNEST & ALICE VOLLGER
1150622
PETER & LENNIE MARSHALL
1150631
TIITF
1150649
H J H& S G H LTD
1150657
TIITF
1151351
ARTURO COBO
1151360
MONOOE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
1151378
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
1151386
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
1151432
RALPH J & BEVERLY ROBBINS
1151584
SARAH JANE MARSHALL
1151556
THOMAS KELLY
1151564
FRANCIS P MOONEY
8849846
JUDI'S HOUSE INC
8849559
JUDI'S HOUSE INC
1233111
CBRIS LLC
Cudjoe Inner Islands
Final Inner Supplemental Assessment Resolution Page 20 of 24
Appendix C
Non -Ad Valorem Assessment Roll
Cudjoe Inner Supplemental
AK#
Permit#
Address
New Owner
1261874
01103338
825 GULF DR
SUMMERLAND HOUSE LLC
1238252
04100194
1137 BASQUE LANE
CBRIS LLC
1236616
04101353
22938 JOHN AVERY
LANE
CBRIS LLC
1237311
04105551
1193 DE LUSSAN LANE
SMITH JOHN D
1238422
05100097
1115 THATCH LANE
MARTINEZ IGNACIO & MARTA
1238562
05100100
1136 THATCH LANE
FRANK FERREIRO
1233102
05101131
22932 BLACKBEARD
LANE
WILLIAMS LEE A AND TEREASA D
1233129
05101135
22912 BLACKBEARD
LANE
MYERS MARY L
1238589
05103787
1116 THATCH LANE
MARTINEZ RODOLFO
1232530
05106718
22480 JOLLY ROGER DR
JJMC CUDJOE KEY LLC
1233382
07100607
22871 BUCCANEER
LANE
HEUSTIS ERIC AND JOANNE A
9085565
07104678
1053 HAWKSBILL LN
CBRIS LLC
1237639
10102513
1156 HAKLUYT LN
MURPHY THOMAS
1252069
11101722
548 AIRPORT DRIVE
ORDUN DAVID H AND GAIL H
1237001
04105576
1078 PICARD LANE
WILLIAMS RHONDA
1251470
07102386
78 N LAKE DR
GASTER ORVAL ROBERT &
VIRGINIA
1238236
12103634
1117 BASQUE LANE
CBRIS LLC
1232904
03100930
22707 BLACKBEARD LN
KGKEYS LLC
[rest of page intentionally left blank]
Cudjoe Inner Islands
Final Inner Supplemental Assessment Resolution Page 21 of 24
4
APPEALS PROCESS
The EDU Allocation for residential properties will be the number of residential units
for that Tax Parcel as determined by the Property Appraiser at the time of adoption of
the Final Assessment Resolution_ The Notice of Wastewater Non -Ad Valorem
Assessments directed property owners to contact Monroe County Engineering
Department for a Wastewater Appeal form, if it was felt a mistake was made in the
allocation of EDU(s)_ Property owners must additionally request a classification
review by the Property Appraiser. Following a reclassification by the Property
Appraiser an adjustment to the EDU Allocation will be made.
The EDU Allocation for a non - residential property is calculated by using the highest
three month average water consumption over a three year period and dividing it by the
average monthly water consumption based on daily water consumption of 167 gallons
per day for a residential unit. Property classes other than Residential may appeal an
assessment based on excessive use, irrigation or change of use.
For example, if you had a broken pipe that caused you to have high water bills, you
may appeal your assessment based on excessive use. You will need to attach
documentation describing the plumbing problem, water bills showing your normal
water use before and after the leak, and if possible, a copy of the repair bill from the
plumber.
In cases where water is used but does not require treatment because it does not go into
the plumbing drain, you may appeal based on irrigation. Contact FKAA at 305 -296-
2454 for information related to installation of the irrigation meter. You will need to
attach documentation of the irrigation meter installation and copies of the past 12
months of water bills for the irrigation and original meter following installation of the
irrigation meter to have the EDU allocation adjusted.
Successful appeals submitted by August 31, 2013 will be reflected on tine tax bill.
Appeals submitted after August 31, 2013 will be reviewed to determine whether
circumstances exist which constitute a continuance. An example of a justifiable
continuance is collection of water consumption data for 12 months to support an
irrigation appeal. If the owner elects to prepay the lump sum System Development Fee
and is subsequently granted an EDU Allocation adjustment as the result of an appeal,
the difference between the adjusted lump suun system development fee and the prepaid
amount will be reimbursed. If the owner pays the annual assessment on the 2013 tax
bill, a request for a refund for the overpayment of the non -ad valorem assessment will
be made by the Wastewater Department by submitting a BOCC approved DR -409A to
the Tax Collector.
Cudjoe Inner islands
Final Inner Supplemental Assessment Resolution Page 22 of 24
APPENDIX E
First class notice form
Cudjoe inner Islands
Final Inner Supplemental Assessment Resolution Page 23 of 24
Monroe County
Engineering Division — Gato Office
1100 Simonton Street, Suite 2 -216
Key West,
i
FL 33040
(305) 292 -4525'
■
SUMMERLANO KEY FL 33042 -0294
Board of County Commissioners
Mayor George Neugent, Dist. 2
Mayor Pro Tern Heather Carruthers, Dist. 3
Danny L. Kolhage, Dist.1
David Rice, Dist. 4
Sylvia J. Murphy, Dist. 5
Sequence Number: CIS -001
Notice Date: May 29, 2013
Re: Notice of Wastewater Non -Ad Valorem Assessments (inner Area — Supplemental Program)
Dear Property Owner.
Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in 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. You are .receiving this Notice because your property has been included in the Cudjoe Regional Centralized
Wastewater expanded service area or your property has been newly improved in the past 18 months.
Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non - residential properties Is
based on water consumption for the three year period of 2009, 2010 and 2011. The EDU Allocation for non - residential 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. Contact the Monroe County
Engineering Division at wastewater0monroecounty -fi.nov or at (305) 292 -4525 to obtain a Wastewater Appeal form.
The EDU Allocation for the above parcel Is: 1.0
The lump sum System Development Fee has been set at $4,500 per EDU. The lump sum System Development Fee for the
above parcel is $4,500.00. You will receive a separate notice of your prepayment amount at the and of June 2013; the Prepayment
will be due by August 31, 2013, if you decide to prepay.
If you do not wish to prepay the assessment by August 31, 2013, but decide you want to pay off the assessment in the future, payoffs
are calculated annua ly by reducing the System Development Fee by the principal portion of the annual assessment. Please contact us
at (305) 2924525 to obtain a payoff memo. Payoffs are accepted annually through August 31 and are usually available beginning in
October.
Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the System
Development Fee over 20 years on the property tax bill as authorized by section 197.3632, Florida Statutes. No action Is required on
your part to elect this option. The assessments will be payable in not to exceed twenty (20) annual installments amortized at a currently
estimated 2.4% interest rate which makes the 2013 annual installment $308.93 per EDU_ The actual rate will be set in June 2013 but
will be re- evaluated annually in September each year. The first payment shall be Included on the ad valorem tax bill to be mailed in
November 2013. The total assessment revenue to be generated within the entire Cudjoe Region, including the financing costs and the
collection costs (if there are no prepayments) over the entire 20 year period is approximately $89.5 million. 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 maximum Annual Wastewater Assessment is proposed at $308.93 per EDU. The estimated maximum Annual Wastewater
Assessment for the above parcel is: $308.93
You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for June 19, 2013 at 3:00 p.m. at the
Marathon Government Center, 2798 Overseas Highway, 2nd Floor, Marathon, FL 33050. The Final Assessment Resolution will be
available in the agenda packet for the hearing, to be published at htto:/f il- monroecounty.civicolus.conVUendacenter on June 7, 2013.
All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time
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 proceed, 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 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.
If you have any questions about this notice you can contact Monroe County Engineering Division at (305) 292 -4525 between the hours
of 9:00 a.m. and 4:00 p.m.
**"**"THIS IS NOT A BILL — DO NOT PAY*""*
Qudjoe Inner Islands
Final Inner Supplemental Assessrnent Fbsolution Page 24 of 24