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Resolution 237-2013RESOLUTION NO. 237 2013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CONTINUING THE ASSESSMENTS OF WASTEWATER SERVICE TO PROPERTIES IN THE BIG COPPITT, DUCK KEY, STOCK ISLAND AND THE CUDJOE REGIONAL CENTRALIZED INNER AND OUTER ISLAND SERVICE AREAS FOR THE 2013 TAX YEAR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County, Florida has enacted Ordinance No. 027 -2003 relating to the provision of wastewater service and facilities in Monroe County, Florida and authorizing the imposition and collection of wastewater assessments against property; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 261 -2004 relating to the provision of wastewater service to properties in the Stock Island Service Area, describing the capacity reservation fee, collection costs, and the other terms and conditions of the non -ad valorem annual wastewater assessments; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 265 -2004 that imposed a special assessment to collect System Development Fees from certain parcels of property within the Stock Island Service Areas to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of $2,700 per Equivalent Dwelling Unit ( "EDU"), wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of R_ esolution 265 -2004 and the number of EDUs for non - residential properties was based on water consumption; and WHEREAS, the Stock Island Assessments have been imposed annually since 2004 to recover Capacity Reservation Fees advanced by Monroe County on behalf of certain parcels of property within the Stock Island Service Area; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 264 -2007 relating to the provision of wastewater service to properties in the Big Coppitt and Duck Key Service Areas, describing the system development fee, collection costs, and the other terms and conditions of the non -ad valorem annual wastewater assessments; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 302 -2007 that imposed a special assessment to collect System Development Fees from certain parcels of property within the Big Coppitt and Duck Key Service Areas to fund that portion of the capital cost of the wastewater system being assessed to each owner up to a maximum of $4,500 per Equivalent Dwelling Unit ( "EDU"), wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 302 -2007 and the number of EDUs for non - residential properties was based on water consumption; and WHEREAS, the Big Coppitt Assessments have been imposed annually since 2007 to pay a portion of the debt service on Obligations issued in connection with the construction of Wastewater Collection and Treatment Facilities within the Big Coppitt Service Area; and r WHEREAS, the Duck Key Assessments have been imposed annually since 2007 to fund construction of a portion of the Duck Key Wastewater Treatment Facility; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 173 -2012 relating to the provision of wastewater service to properties in the Cudjoe Regional Centralized Inner Islands Service Area, describing the capacity reservation fee, collection costs, and the other terms and conditions of the non -ad valorem annual wastewater assessments; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 197 -2012 that imposed a special assessment to collect System Development Fees from certain parcels of property within the Cudjoe Regional Centralized Inner Islands to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of $4,500 per Equivalent Dwelling Unit ( "EDU "), wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 197 -2012 and the number of EDUs for non - residential properties was based on water consumption; and WHEREAS, the Cudjoe Regional Centralized Inner Islands Assessments have been imposed annually since 2012 to pay a portion of the debt service on Obligations issued in connection with the construction of Wastewater Collection and Treatment Facilities within the Cudjoe Regional Centralized Inner Islands District; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 174 — 2012 relating to the provision of wastewater service to properties in the Cudjoe Regional Centralized Outer Islands, describing the capacity reservation fee, collection costs, and the other terms and conditions of the non -ad valorem annual wastewater assessments; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 198- 2012 that imposed a special assessment to collect System Development Fees from certain parcels of property within the Cudjoe Regional Centralized Cudjoe Outer Islands to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of $4,500 per Equivalent Dwelling Unit ( "EDU "), wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 198 -2012 and the number of EDUs for non - residential properties was based on water consumption; and WHEREAS, Section 2.02 of Resolution 261 -2004 established the assessment term for Stock Island to be 5, 10 or 20 years; and WHEREAS, the 10 and 20 year assessment terms for Stock Island expire in 2013 and 2023, respectively; and WHEREAS, Section 2.02 of Resolution 264 -2007 established the assessment term for Big Coppitt and Duck Key to be 20 years; and WHEREAS, Section 2.02 of Resolution 173- 2012 established the assessment term for Cudjoe Regional Centralized Inner Islands to be 20 years; and 2 J � A • WHEREAS, Section 2.02 of Resolution 174- 2012 established the assessment term for Cudjoe Regional Centralized Outer Islands to be 20 years; and WHEREAS, the annual assessment revenue is necessary to repay debt obligations and capital construction costs. NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA, AS FOLLOWS: Section 1.0 The non -ad valorem annual assessment will be levied at the rate of $339.97 per EDU for those property owners who elected to pay the Capacity Reservation Fee over 10 years and at a rate of $207.73 for those property owners who elected to pay the Capacity Reservation Fee over 20 years as previously noticed for the Stock Island assessment program. Section 2.0 The non -ad valorem annual assessment initially levied at the rate of $441.00 per EDU as noticed by first class on August 2, 2007 for the Big Coppitt and Duck Key assessment programs is to be lowered. The annual amount for 2013 is set at a rate of $271.88 per EDU. Section 3.0 The non -ad valorem annual assessment initially levied at the rate of $538.00 per EDU as noticed by first class on June 27, 2012 for the Cudjoe Regional Centralized Inner Islands assessment programs is to be lowered. The annual amount for 2013 is set at a rate of $302.53 per EDU. Section 4.0 The non -ad valorem annual assessment initially levied at the rate of $538.00 per EDU as noticed by first class on June 27, 2012 for the Cudjoe Regional Centralized Outer Islands assessment programs is to be lowered. The annual amount for 2013 is set at a rate of $310.29 per EDU. C) SASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, I ) Ra meeting of said Board held on the 4"' day of September 2013. LIJ �x ,. r— Mayor George Neugent Yes L° cv Mayor Pro Tern Heather Carruthers Yes Commissioner Danny Kolhage Yes ell Commissioner David Rice Yes LL_ o Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor MONROE COUNTY ATTORNEY AP OV D �AAS O F M: NTHIA L. HALL ASSIST NT COUNTY ATTORNEY 3 Date g" 8 - - °-01