Resolution 190-2013RESOLUTION NO. 190 -2013
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, PROVIDING A REVISED METHOD FOR COLLECTION OF
WASTEWATER CAPACITY FEES IN THE BIG COPPITT/DUCK KEY AND
CUDJOE REGIONAL CENTRALIZED WASTEWATER TREATMENT SYSTEMS
FOR THOSE PROPERTIES NOT ALREADY INCLUDED IN THE FINAL
ASSESSMENT RESOLUTION FOR THEIR SERVICE AREA; PROVIDING FOR
REPEAL OF SECTION 3.0 IN EACH OF RESOLUTION NOS. 365 -2011, 331 -2012,
AND 125 -2013; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Big Coppitt/Duck Key and Cudjoe Regional Centralized Wastewater Treatment
Systems (including Inner and Outer) (collectively hereinafter, "Service Areas ") are being constructed with
additional capacity for future development; and
WHEREAS, due to timing of development or changes in use, some properties requiring wastewater
service may not have been included on the non -ad valorem tax roll or may not have been included for the
extent of connection required for the usage of that property; and
WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those properties
within the Services Areas when initial or additional wastewater service is required and the properties were
not included on the assessment roll as of the time of the final assessment resolution for that Service Area
(the "Properties "); and
WHEREAS, Section 3.0 in Resolution 365 -2011 (applicable to Big Coppitt/Duck Key Service
Area), Section 3.0 in Resolution 331 -2012 (applicable to Cudjoe Regional Inner Island Service Area), and
Section 3.0 in Resolution 125 -2013 (applicable to Cudjoe Regional Outer Island Service Area) each
provided a mechanism for collecting wastewater capacity fees for those Properties, namely, that the
capacity fees would be collected by Monroe County Building Department at the time of issuance of the
building permit or, at the latest, at the time of issuance of the certificate of occupancy; but
WHEREAS, at the July 2013 meeting, the Board of County Commissioners expressed a desire to
allow owners of the Properties the option of paying through the non -ad valorem assessment method, even
if their properties had not been listed on the assessment roll; and
WHEREAS, it is advantageous for the property owner to have the option of paying the capacity fees
on the tax bill, in that the capacity fee can be amortized over the period of years for the specific Service
Area.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1.0. Those property owners within the Service Areas whose properties were listed on the
assessment roll as of the time of the final assessment resolution for their wastewater Service Area, including
any supplemental final assessment resolutions, shall have their capacity fees collected pursuant to the
method outlined in the Uniform Assessment Collection Act.
Section 2.0. The following procedure shall apply to property owners within the wastewater Service Areas
whose properties were not listed on the assessment roll as of the time of the final assessment resolution for
their Service Area, including any supplemental final assessment resolutions.
A. Upon applying for and prior to issuance of a certificate of occupancy (CO) for the Property, the
property owner shall have option of signing and delivering to the County a Consent and
Acknowledgment Agreement, in a form substantially similar to Exhibit A hereto as it may be
amended from time to time. If the property owner signs the Consent and Acknowledgment
Agreement, the capacity fee due and owing will be collected by the method outlined in the Uniform
Assessment Collection Act, by being listed on the tax bill for that property.
1) By executing the Consent and Acknowledgement Agreement, the property owner is agreeing
that wastewater assessments for the Property covered by the Agreement may be collected via
the process set forth in Chapter 197, Florida Statutes, including the non -ad valorem
assessment method, without the need for notice or advertising as to that property.
2) In order to take advantage of this method, at the time of executing the Consent and
Acknowledgement Agreement, the property owner must remit a check or money order for an
initial payment in an amount equal to the capacity fee for other properties within the same
service area, adjusted for inflation based on the Consumer Price Index for urban customers
(CPI -U), plus financing costs (2 %), plus interest due for years that have expired in the term,
to bring payments for that property in line with other properties within the same service
( "Initial Payment ").
3) Thereafter, the property owner will pay an annual assessment that will be included on the tax
bill for the remaining years of the assessment program for that Service Area. The capacity
fee paid through this method after the Initial Payment will be the capacity fee for that Service
Area times the adjustment for inflation based on CPI -U, plus financing costs (2 %), plus
annual interest for the remainder of the 20 -year assessment period, plus administrative fees.
4) Any capacity fee collected via the non -ad valorem assessment method will be collected as a
part of the annual property tax bill and will include the opportunity for prepayment.
B. If the property owner elects not to sign the Consent and Acknowledgment Agreement, the
wastewater capacity fee will be collected in full by the Monroe County Building Department prior to
issuance of the CO.
Section 3.0. The procedure outlined in Section 2.0 shall apply to all certificates of occupancy issued after
the effective date of this resolution.
Section 4.0. This resolution shall become effective immediately upon its adoption by the Monroe County
Board of County Commissioners.
Section 5.0. This resolution shall rescind and supersede Section 3.0 in each of the following Resolutions:
365— 2011, 331 -2012, 125 -2013. In all other respects, these resolutions shall remain in force and effect.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
meeting of said Board held on the 17 day of July, 2013.
Mayor Neugent
Mayor Pro Tern Carruthers
Commissioner Kolhage
Commissioner Rice
Commissioner Murphy
(SEAL)
Attest: AMY HEAVILIN, Cler
By:
Deputy Clerk
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B y :
Mayor /Chairperson
MONROE COUNTY ATTORNEY
AP OVED AS TO F R :
NTHIA L. HALL
ASSISTA T COUNTY ATTORNEY
Date — ;L- — 1 7-013
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Exhibit A
This instrument was prepared by and return to:
Monroe County Board of County Commissioners
Public Works & Engineering Division
1100 Simonton St., Suite 2 -216
Key West, FL. 33040
305 - 292 -4426
CONSENT AND ACKNOWLEDGEMENT AGREEMENT
[ Name l, (the "Owner "), the sole owner of the property described below (the
"Owner's Property "), intending that it and its successors in interest shall be legally
bound hereby, has executed and delivered this Consent and Acknowledgment
Agreement ( "Agreement") for the purpose of inducing Monroe County, Florida (the
"County ") to permit payment of the system development fee and /or wastewater capacity
fee (collectively, "Capacity Fee ") required to connect the Owner's Property to the
wastewater system owned and operated by the County over the term of years described
in paragraph (3) rather than at the time of issuance of the building permit and /or
certificate of occupancy.
The Owner hereby consents and acknowledges as follows:
(1) The Owner has bargained for and negotiated this Agreement and has full
authority to enter into this Agreement.
(2) On July 15, 2003, the Monroe County Board of County Commissioners
passed and adopted Ordinance 027 -2003, authorizing the imposition and collection of
wastewater assessments against properties in unincorporated Monroe County.
(3) Subsequently, the County adopted non -ad valorem assessment programs
to enable affected property owners to pay the costs associated with the system over a
period not to exceed twenty (20) years. The base years for the systems covered by this
Agreement are as follows:
Big Coppitt/Duck Key 2007
Cudjoe Inner Islands 2012
Cudjoe Outer Islands 2013
Consent & Acknowledgement for Sewer Assessments Page - 1 -
(4) Under the fee schedules established by the County, a property connecting
to the County's wastewater system or expanding its use of the County's wastewater
system is required to pay a Capacity Fee equal to $4,500 times the numberns -ef
number of Equivalent Dwelling Units (EDUs) on the Property times an
adjustment for inflation based on the Consumer Price Index for urban customers (CPI -
U).
(5) The number of EDUs assigned to the Owner's Property is as of the
date of this Agreement The Owner consents to the imposition of an annual special
assessment to fund the Capacity Fee (the "Annual Assessment ") against the Owner's
Property for a period of _ years, which is the number of years remaining in the tax roll
to which the Property will be added..
(6) The Owner's Property is described as follows:
[SEE ATTACHED EXHIBIT "A "]
(7) After execution of this Consent and Acknowledgement Agreement and
acceptance of the Agreement by the County, the Owner shall pay $ ( Capacity
Fee adjusted by CPf -U) to the County based on a 20 year payment period plus annual
interest. At the time of execution of this Agreement, the Owner shall remit a check or
money order in the amount of $ which is equal to the amount of the
Capacity Fee already underway in the service area in which the Property is located.
Thereafter, an Annual Assessment of S will be included on the annual tax bill
for the Owner's Property each year for the balance of the period described in paragraph
(3). Failure to pay the Annual Assessment will cause a tax certificate to be issued
against the Owner's Property, which may result in a loss of title. In addition, the County
has the right to cease the providing wastewater services to Owner's Property, or to
initiate a mandamus or other appropriate action to compel payment. All costs, fees, and
expenses, including reasonable attorney's fees and title search expenses, related to
any mandamus or other action as described herein, shall be included in any judgment
or decree rendered therein and Owner shall be liable for all such costs incurred by the
County to collect the unpaid balance of the Annual Assessment and the same shall be
collectible as a part of or in addition to, the costs of the action.
(8) The Owner acknowledges that the Annual Assessment provides a special
benefit to Owner's Property by reducing the immediate cost of connecting to the
County's wastewater system and that the provision of wastewater service possesses a
logical relationship to the use and enjoyment of the Owner's Property by properly and
safely disposing of wastewater generated on the Owner's Property in an
environmentally responsible manner.
(9) By executing this Agreement, the Owner waives the right for the Property
to be included in the process set forth in Chapter 197, Florida Statutes. In particular,
the Property Owner waives the necessity of a First Class Notice letter and advertising
as to that Property. The Property will be added to the assessment roll and the Capacity
Fee will be collected via the non -ad valorem assessment method without the need for
the First Class Notice letter, advertising, or any other form of notice as to this Property.
Consent & Acknowledgement for Sewer Assessments Page - 2
The Property Owner waives any right of appeal as to the number of EDUs assigned to
the Property.
(10) Any changes to the use of the property affecting the wastewater system
capacity between the date when this document was prepared and the date of execution
or after date of execution (i.e., any change that results in an increase above ` EDUs)
will result in an automatic increase in the wastewater system assessment against the
Property without any additional action or notice required by the County.
(11) This Agreement constitutes the entire agreement between the Owner and
County pertaining to the subject matter hereof, and supersedes all prior and
contemporaneous agreements, understandings, negotiations and discussions of the
parties, whether oral or written, and there are no warranties, representations or other
agreements between the parties in connection with the subject matter hereof, except as
specifically set forth herein.
(12) No amendment, supplement, modification, or waiver of this Agreement
shall be binding unless executed in writing by the Owner and County. No waiver of any
of the provisions of this Agreement shall be deemed or shall constitute a waiver of any
other provision of this Agreement, whether or not similar, unless otherwise expressly
provided.
(13) This Agreement shall not be construed against any party based on it being
the drafter of the Agreement. Owner and County agree that both parties played an
equal part in drafting this Agreement.
(14) It is understood by Owner and County that this Agreement is a unified
agreement and if any provision hereof or application thereof to any person shall be held
invalid or unenforceable, such holding shall invalidate and render unenforceable all
other provisions hereof.
(15) This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida, and Owner and County expressly consent to the
jurisdiction of and agree to suit in any court of general jurisdiction in the State, whether
state, local or federal, and further agree that venue shall lie in Monroe County, Florida.
(16) The terms of this Consent and Acknowledgement Agreement shall be
deemed a covenant running with the Owner's Property and shall be binding upon the
Owner, the Owner's heirs and assigns, and shall be recorded in the public records of
Monroe County, Florida.
TO THE PROPERTY OWNER: THIS IS A LEGAL DOCUMENT. YOU HAVE THE
RIGHT TO HAVE THIS DOCUMENT REVIEWED BY AN ATTORNEY BEFORE YOU
SIGN.
Consent & Acknowledgement for Sewer Assessments Page - 3 -
IN WITNESS WHEREOF, the Owner has executed and delivered this Consent
and Acknowledgement Agreement this day of , 20
By:
Owner
STATE OF _
COUNTY OF
The foregoing
, 20 , by
produced
My Commission expires:
as identification.
Name:
Notary Public, State of
instrument was acknowledged before me this day of
, who is personally known to me OR
Consent & Acknowledgement for Sewer Assessments Page - 4 -