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Resolution 186-2013RESOLUTION NO. 186 - 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 VENTURE OUT PARCELS FOR WHICH ASSESSMENT NOTICES WERE MAILED IN 2012 AND FOR WHICH CLARIFICATION IS NEEDED TO ADDRESS NON-PAYMENT OF ASSESSMENT; 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 fluid 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. 156-2013, the Cudjoe Regional Venture Out Wastewater Assessment Supplemental Program Initial Assessment Resolution (the "Initial Venture Out Supplemental Assessment Resolution"), as amended herein; and WHEREAS, the Initial Venture Out 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 Venture Out 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 continents 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 Venture Out Final Supplemental Assessment Resolution Page 1 of 24 WHEREAS, notice of a public hearing has been published and mailed, as required by the terns 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. 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 Venture Out Supplemental Assessment Resolution. SECTION 3. MODIFICATION AND CONFIRMATION OF INITIAL VENTURE OUT SUPPLEMENTAL ASSESSMENT RESOLUTION. (A) For purposes of clarification, the term "System Development Fee" contained in Section 1.01 in the Initial Venture Out 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. SECTION 4. CONFIRMATION OF INITIAL VENTURE OUT SUPPLEMENTAL ASSESSMENT RESOLUTION. The Initial Venture Out Supplemental Assessment Resolution, as amended herein, is hereby ratified and confirmed. SECTION S. 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. Venture Out Page 2 of 24 Final Supplemental Assessment Resolution SECTION 6. 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 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 Venture Out 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 Venture Out Supplemental Annual Wastewater Assessment will be included on the ad valorem tax bill to be mailed in November 2013. (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 Venture Out 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 Outer Supplemental Assessment Resolution and shall attach to the property included on the Assessment Roll upon adoption of the Final Outer Supplemental Assessment Resolution. SECTION 7. 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. [rest of page intentionally left blank] Venture Out Page 3 of 24 Final Supplemental Assessment Resolution SECTION S. EFFECT OF FINAL VENTURE OUT SUPPLEMENTAL ASSESSMENT RESOLUTION. The adoption of the Final Venture Out Supplemental Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Venture Out 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 Venture Out Supplemental Assessment Resolution. SECTION 9. 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 10. 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 10 of the Final Venture Out Supplemental Assessment Resolution, any appeals for the 2013 tax bill must be filed by August 31, 2013. SECTION 21. 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 Venture Out Supplemental Assessment Resolution, as amended herein. SECTION 12. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. (page intentionally left blank— signature page follows) Venture Out Page 4 of 24 Final Supplemental Assessment Resolution PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 19th day of June 2013. Mayor George Neugent Mayor Pro Tern Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) Attest: AMY HEAVILIN, CLERK By: Deputy Clerk Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairperson [rest of page intentionally left blank] Venture Out Final Supplemental Assessment Resolution M a C-. L -rq C C) - 3 M .. p • Q MONROE COUNTY ATTORNEY =A�.T,(? ,FggM,F�M:YNTHIAL. HALL ASSISTANT COUNTY ATTORNEY Date- 9-01-5o1d� 5 Page 5 of 24 Appendix A Proof of Publication Venture Out Page 6 of 24 Final Supplemental Assessment Resolution II i" 6rN wM jrllm Cooke Communications, LLC Florida Keys PO Box 1800 Key West FI 33041 Office .... 305-292-7777 Extension ... x219 Fax ....... 305-295-8025 lelaals0kevsnews.com INTERNET PUBLISHING keywest.com keysnews.com floridakeys.com key-west.com Web Design Services 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 CV (1 %0,4 —k& 4 -1 O.t/,A- \ U S �1tiOI Ar St. Vt was published in said newspaper in the issue(s) of MNIA Z 4 , z 013 NEWSPAPERS t The Citizen Southernmost Flyer Affiant further says that the Key West Citizen is a newspaper published in Y Y er P p Solares Hill Key West, in said Monroe County, Florida and that the said newspaper has Florida Keys Free Press heretofore been continuously published in said Monroe County, Florida every MARKETING SERVICES day, and has been entered as second-class mail matter at the post office in Key Commercial Printing Citizen Locals Card West, in said Monroe County, Florida for period of 1 year next preceding tY> p Y p g Direct Mail the first publication of the attached copy of advertisement; and- 1 her FLORIDA KEYS OFFICES says that he has neither paid nor promised person, firm or corporatio any Printing / Main Facility discount, rebate, commission or ref d for the p ose of securin this 3420 Nortde Drive Key Westest,, F FL advertisement for publication in the id news I> paper. 33040-1800 Tel 305-292-7777 ; Fax 305-294-0768 citizenna kevwest.com Internet Division L i nabur of Affiant - g Tel 305-292-1880 Fax 305-294-1699 t, Sworn and subscribed before me thisZ 7 day of 2013 sales@keywest.com , Upper Keys Office 91731 Overseas Hwy DAWN KAWZINSKY Tavernier, FL 33070 Notary Public: NOTARY PUBLIC Tel 305-853-7277 -ESTATE OF FLORIDA Fax 305-853-0556 : Commit EE157233 �Nt freepress@floridakeys.com n l J� E 19�e Expires 1/4/2016 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 IOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 19, 2013 at 3:00 p.m., or is soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas Highway, Aile Marker 50, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe ;ounty, Florida intends to conduct public hearings to consider approval of the following County final assessment resolution: CUDJOE REGIONAL WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM FOR VENTURE OUT PARCELS FINAL ASSESSMENT RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TOTHE PROVISION OF WASTEWATER CAPACITY; IMPOSING ANNUAL WASTEWATER ASSESSMENTS FOR VENTURE OUT PARCELS FOR WHICH ASSESSMENT NOTICES WERE MAILED IN 2012 AND FOR WHICH CLARIFICATON IS NEEDED TO ADDRESS NON-PAYMENT OF ASSESSMENT; 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 with Venture Out Resort outlined and noted. 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 the properties coded as vacant in the Venture Out Resort and were excluded from Resolution 191-2012. F.S. 718.120 states that each condominium parcel should be separately assessed. 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. Cudjoe Regional Wastewater Treatment System Inner Islands Service Area with Venture Out Resort outlined and noted. A more specific description of the Cudjoe Regional Wastewater Assessment Supplemental Program for Venture Out Parcels is set forth in the proposed Final Assessment Resolution which can be viewed on the Monroe County website at httD //fl monroecounty.civicplus com/aaendacenter following publication of the June 19, 2013 BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe Regional Wastewater Assessment Supplemental Program for Venture Out Parcels 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 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 15th day of May, 2013. AMY HEAVILIN, Clerk of the Circuit Court and ex off icio Clerk of the Board of County Commissioners of Monroe County, Florida 90 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) 5 - as--13 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 Sworn lLpAhd su scribed before me this -�y o , 2013 (SEAL) <� p BEVERLY TRAEGER *.s MY COMMISSION M DD 969749 ;� � EXPIRES: April 18, 2014 I F, N Bonded Thru Notary Public Underwriters RECEIVED JUN 0 6 2013 MONROE COUNTY ATTORNEY 14wvjll� '4ate-'Aj' 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 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 ____ Published KPvnntPr .r,-9F_1'1 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 WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM FOR VENTURE OUT PARCELS 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 VENTURE OUT PARCELS FOR WHICH ASSESS- MENT NOTICES WERE MAILED IN 2012 AND FOR WHICH CLARIFI- CATON IS NEEDED TO ADDRESS NON-PAYMENT OF ASSESSMENT; 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 with Venture Out Resort outlined and noted. 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 the properties coded as vacant in the Venture Out Resort and were excluded from Resolution 197-2012. F.S. 718.120 states that each condominium parcel should be separately assessed. 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. Cudjoe Regional Wastewater Treatment System Inner Islands Service Area with Venture Out Resort outlined and noted. A more specific description of the Cudjoe Regional Wastewater .Assessment Supplemental Program for Venture Out Parcels is set forth in the proposed Final Assessment Resolution which can be viewed on the Monroe County website at hW2://fl-monroecouM.civicl2lus.com/ap-endacenter following publication of the June 19, 2013 BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe Regional Wastewater Assessment Supplemental Program for Venture Out Parcels 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 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 evi- .70--- , --- *ha ;c to hi- Hacat� 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) of publication) 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. 1 101 Wa ne Marlihim, P,6blisher Sworn to and subscribed before me this31Day of 2013 (SEAL) Notary BEVERLYTRAEGER MY COMMISSION # DID 969749 EXPIRES: April 18, 2014 of "�` Bonded Thru Notary Public Underwriters RECEIVED IJUN 0 6 2013 WNROE COUNTY hTTOKF 6Y Ati, Ailv-��� 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 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 15th day of May, 2013. AMY HEAVILIN, Clerk of the Circuit CourtJf w'`' ' and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida `^'- Published Reporter 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 WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM FOR VENTURE OUT PARCELS 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 VENTURE OUT PARCELS FOR WHICH ASSESS- MENT NOTICES WERE MAILED IN 2012 AND FOR WHICH CLARIFI- CATON IS NEEDED TO ADDRESS NON-PAYMENT OF ASSESSMENT; 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 with Venture Out Resort outlined and noted. 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 the properties coded as vacant in the Venture Out Resort and were excluded from Resolution 197-2012. F.S. 718.120 states that each condominium parcel should be separately assessed. 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. Cudjoe Regional Waste*ater Treatment System Inner Islands Service Area with Venture Out Resort outlined and noted. A more specific description of the Cudjoe Regional Wastewater Assessment Supplemental Program for Venture Out Parcels is set forth in the proposed Final Assessment Resolution which can be viewed on the Monroe County website at h=:Hfl-monroecouM.civicl2lus.com/agendacente .civicl2lus.com/agendacenter following publication of the June 19, 2013 BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe Regional Wastewater Assessment Supplemental Program for Venture Out Parcels i$ 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 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 evi- dence upon which the appeal is to be based. 7 Appendix B Affidavit of Mailing Venture Out Page 15 of 24 Final Supplemental Assessment Resolution 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 Wastewater Supplemental Venture Out Parcels 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. K vin ilson, affiant andi Melgarejo, affiant STATE OF FLORIDA COUNTY OF MONROE The foregoing Affidavit of Mailing was sworn to and subscribed before me this -� `00� 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. i Printed Name: Notary Public, State of Florida At Large My Commission Expires: 7 Commission No.: c f 41:59 9a ,aM E. Stern MY COMMISSION B EE &WM EXPIRES: March 26, 2017 . j.... Bonded 7Mu Nds7 Public Unde-Rers STATE OF FLORIDA COUNTY OF LEON �CtThe 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. Printed Name: C(m ry ✓ TAMW%-MRS Notary Public, State of Flori a X C omission # DD 921344 At Large Expires August 31, 2013 BoidedThniTiojw^w""""aB00o My Commission E�xppires: I Commission No.: 3LIZI Appendix C Non -Ad Valorem Assessment Roll Venture Out Supplemental (cont'd) ALT Name, last Name, first ALT Name, last Name, first 1240711 Woodrow John/Kathleen 1244007 Mork Joseph/Janet 1240729 Marino John/Beverly 1244171 Credico Teena 1240761 Kahlo Robert/Vera 1244228 Harrell Clifford/McCracken 1240796 Carangi William/Claudia 1244392 Kilmoyer Robert/ Letitia 1240826 Park Clyde/Betty 1244457 Frederic Myron/Frances 1240958 Janosko Dorothy 1244601 Best James/Ann 1240974 Campbell Edward/Mary 1244643 Ferreira Robert / Mary 1241113 Smith Survivors TR 1244678 Hoffman Larry/Christa 1241156 Lewis Maurice 1244708 Peterson Edgar/Ruth 1241351 Ellis Robert / Carolyn 1244864 Hughes William/Judy 1241423 Rasmussen Eric/Tammy Lynn 1244970 Grace Louisa REV TR DTD 1241610 Berkman Kevin 1245003 Eide Arvid LIV TR 1241644 Whitman Judy 1245062 Buganski Family TR 1241741 Barr Douglas 1245160 Momeier Richard/Kathleen LIV TR 1241890 Schwarz Ernest/Kathryn 1245381 Engers Topm/Lynn 1242063 Naset Wallace/Ruth 1245402 Blair Elsie TR DTD 1242080 McMahon Andrew/Cecelia 1245534 Nowaczyk Jim/Kathleen 1242438 Cook John 1245542 Pennock William 1242462 Snyder Thomas/Sharon 1245721 Pensco TR Custodian 1242489 Baranyi Andrew 1245739 Undesser John 1242675 Vereb Paul/Pamela 1245780 Allmond Virgil/Sandra 1242756 Seymour Oliver/Sylvia 1245798 Berggren Jean Family TR 1242764 Junkins Donald/Norma 1246174 Baranyi Andrew Tr 1242845 Garchinsky Roger IN TR 1246719 Edwards Juan/ Cynthia 1242853 Garchinsky Kathleen Liv.trust 1246743 Catron Frank 1242969 Verb Paul/Pamela 1246760 Groenewegen Cornelius 1243043 Schuler Michael/Leigh 1246832 Clark Alfred / Sandra 1243051 Flowers Andrew/Pamela 1246841 Dwyer Robert/Karen 1243485 Eide Arvid LIV TR 1246859 Filasky Frederick/Georgia 1243507 Kantzler Elizabeth 1246948 Greene Wendell 1243558 Vereb Paul/Pamela 1246964 Hagman Anna 1243574 Read Harlold 1247014 Ackman Richard/Cynthia 1243671 Vereb Paul 1247111 Cleven Jerry/Paricia 1243680 Marino John/Beverly 1247162 Pirner Hans/Melissa 1243698 Kilmartin Beverly 1247189 Kaskawits Marvin/Bernice 1243701 Cummings Jeffrey / Kelly 1247227 Terry William/Virginia 1243779 Tutor Gene/Carlotta Venture Out Page 19 of 24 Final Supplemental Assessment Resolution Appendix C Non -Ad Valorem Assessment Roll Venture Out Supplemental ALT Name, last-, Name, first ALT Name, last- Name, first 1240737 Woodworth Ann 1244040 Perry Cynthia & Richard 1240893 Petrozelli Daniel 1244104 Eidemiller Thomas 1241024 Mazzer Helen 1244414 Tolksdorf Frank 1241059 Sparer Arlene 1244422 Tolksdorf Frank 1241334 Arentz Edward And 1244571 Sitron Bernard And Star 1241342 Sporer Arlene 1244694 Mullen L. Col. Fred 1241377 Roeder Properties 1244805 Fargo Family Trust 1241628 Fernstrom Herny 1245283 Kubiak Gary 1241709 Bratsburg Jeffrey And 1245356 Titsworth Donna 1241903 Littrell James 1245461 Drenth Don And Karolyn 1241989 Jensen Alice 1245623 Ulrich Rich/Kathy 1242250 Sangster Ron And Bibian 1245666 Manzo Family Trust 1242667 Vogan Shirley 1245801 Cibirka Sally 1242713 Pravis 1245836 Norcross Frank 1242772 Mullan William 1245852 Fisher Robert 1242896 Foley John 1246042 Lussier Joanne 1243264 Snider Jack And Peggy 1246131 Jolie Joan And Rob 1243515 Hawxhurst Dorothy 1246280 Grim Robert 1243604 Rogers Dana And 1246328 Harss Robert 1243612 Rogers Charles 1246450 Catron Janie 1243728 Kearney William 1246522 Panzer Elizabeth 1243817 Keeney James And Eileen 1246751 Catron Charles 1243825 Wright Lisa 1246921 King Jewel 1243931 Hartung lames 1247006 Fry [rest of page intentionally left blank] Venture Out Page 20 of 24 Final Supplemental Assessment Resolution APPENDIX D 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 the 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 sum 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. Venture Out Page 21 of 24 Final Supplemental Assessment Resolution APPENDIX E First class notice forms Venture Out Page 22 of 24 Final Supplemental Assessment Resolution Monroe County Engineering Division — Gato Office 1100 Simonton Street, Suite 2-216 ` Key West, FL 33040 t ..` f (305) M-4525 t, ;J CREAMERY PA 19430-0136 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. VO-001 Notice Date: May 29, 2013 Re-. Notice of Wastewater Non -Ad Valorem Assessments (Excluded Venture Out) 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 was not identified as requiring wastewater service until after the first class notices for the 2012 tax bill were mailed. You received a separate bill dated November 1, 2012 that allowed you the option to prepay in full or to pay the Fiscal Year 2012-13 Annual Wastewater Assessment (first annual installment) of $401.11. Since you have not prepaid in full, but paid the Fiscal Year 2012-13 assessment amount, this notice is required to inform you that the County intends to Include the remaining annual assessments on your ad valorem tax bill beginning November 2013. The EDU Allocation for the above parcel Is 1 EDU based on the PC Code classification of "00" (vacant residential), the availability of water service, the terms of FS §718.120(1), and the anticipated need for wastewater service based on use. The lump sutra System Development Fee has been set at $4,500 per EDU. The lump sum System Development Fee for the above parcel Is $4,500. The November 1, 2012 separate bill provided you notice of the opportunity to prepay in full. You will not receive another notice of your prepayment amount; however 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 annually by reducing the System Development Fee by the principal portion of the annual assessment Please contact us at (305) 292- 4525 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 $302.53 per EDU. This will be re-evaluated annually when the actual rate Is set in September. The second 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 estimated maximum Annual Wastewater Assessment for Fiscal Year 2013-14 and future fiscal years for the above parcel is $302.53. 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 htro•J/fl-monmecounty.civicolus.corn/aaendacenter 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 Art, 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) 2924441 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. It you have any questions about this notice you can contact Monroe County Engineering Division at (305) 292-4525 between the hours of 9:00 am. and 4:00 p.m. "'""'THIS 1S NOT A BILL — DO NOT PAY***"* Venture Out -Page 23 of 24 Rnal Supplemented Assessment FLsolution Monroe County Engineering Division — Gato Office •�, 1100 Simonton Street, Suite 2-216 ' `�`sr; Key West, FL 33040 c (305)292-4525� Board of County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tem Heather Carruthers, Dist. 3 Danny L. Koihage, Dist.1 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 Sequence Number: VOD-001 Notice Date: May 29, 2013 Re: Notice of Wastewater Non -Ad Valorem Assessments (Excluded -Unpaid Venture Out) Dear Property Owner. Construction of the Cudioe 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 was nut identified as requiring wastewater service until alter the first class notloes for the 2012 tax bill were mailed. You received a separate bill dated November 1, 2012 that allowed you the option to prepay in full or to pay the Fiscal Year 2012-13 Annual Wastewater Assessment (first annual installment) of $401.11. Since you have not prepaid in full or paid your Fiscal Year 2012-13 Annual Wastewater Assessment, this notice is required to inform you that the County intends to include the unpaid Fiscal Year 2012-13 Annual Assessment and the remaining annual assessments on your ad valorem tax brill beginning November 2013. The EDU Allocation for the above parcel is 1 EDU based on the PC Code classification of "00" (vacant residential), the availability of water service, the terms of FS §718.120(1), and the anticipated need for wastewater service based on use. 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 $4,600. The November 1, 2012 separate bill provided you notice of the opportunity to prepay In full. You will not receive another notice of your prepayment amount; however 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 annually by reducing the System Development Fee by the principal portion of the annual assessment. Please contact us at (305) 292-4525 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 an 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 $302.53 per EDU. The actual rate will be set in June 2013 but will be re-evaluated annually in September each year. The unpaid Fiscal Year 2012-13 assessment and second 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 casts (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 conificale to be issued against the property which may result in a loss of title. The estimated maximum Annual Wastewater Assessment for Fiscal Year 2013-14 and future fiscal years for the above parcel is $302M. The unpaid Annual Wastewater Assessment for Fiscal Year 2012-13 for the above parcel is $401.11. The total Annual Wastewater Assessment for Fiscal Year 2013-14 -for the above parcel is $703.54. You are Invited to attend a public hearing to adopt the Fist Assessment Resolution scheduled for June 19, 2013 at 3:00 p.m. at the Marathon Government Corder, 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 httol/fi-monroecounty.cW=Ius.cM/agedacenter 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 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 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 pies, 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""""' Venture Out Final Supplemental Assessment FBsolution Page 24 of 24