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Item O1i AGENDA ITEM SUMMARY 3 :OOP M Meeting Date: January 16, 2014 Division: public Works/ Engineering Bulls Item: Yes No X Department: Wastewater StaEContac-t Pa-, on Phone 4 : Tina L.o Saow/ ext. 6051 AGENDA ITEM WORDING: Approval of a resolution renewing the intent to use the uniform method to collect non -ad valorem special assessments toward the cost of providing wastewater utility services to properties on Stock Island, Key Haven, Big Coppitt Lower Sugarloaf through Big fine Key, No Name Key, bong Key, Duck Key excluding Indies Islands and three parcels on Boca Chica. ITEM BACKGROUND: Under F-S. 197.3632(3)(a), the public hearing must be held by January 1, or, if the Tax Collector, Property Appraiser and County agree, by March 1, with a copy of the resolution mailed, once adopted, to the Tax Collector, Property Appraiser and Florida Department of Revenue by March 10. Copies of the consent letters from the Tax Collector and Property Appraiser are attached as back up. A notice of the public hearing has been advertised for four consecutive weeks. This resolution protects the option for levying the assessments using this method in October 2014. PREVIOUS RELEVANT BOCC ACTION: On December 20, 2006, the BOCC approved Resolution No. 635 -2006, stating the County's intent to use the uniform method of collecting non -ad valorem assessments in Duck Key, Cudjoe- Sammerland, Big Coppitt and Stock Island Phase I1. On November 20, 2007, the BOCC approved Resolution No. 568 -2007, with a notice of intent for the non -ad valorem assessment program for properties in Lower Sugarloaf through Big Pine Keys, and Long Key, but the assessment levy was delayed pending completion of the funding plan. On .December 17, 2008, the BOCC approved a similar resolution 515 -2008 for Key Haven, Lower Sugarloaf through No Name Key, and Lang Key. On December 16, 2009, the BOCC approved Resolution No. 463 -2009, for Key Haven, Lower Sugarloaf through Big Pine Key, and Long Key. On December 15, 2010, the BOCC approved resolution 469 -2010 for Key haven, Lower Sugarloaf through No Name Key, Long Key, and three parcels on Boca Chica, including assessments for both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided. On December 14, 2011, the BOCC approved Resolution No. 440b -2011 stating the County's intent to use the uniform method of collecting non -ad valorem assessments on Key Haven, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key and three parcels on Boca Chica, including assessments for both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided. On January 16, 2013 the BOCC approved Resolution No. 017 -2013, stating the County's intent to use the uniform method of collecting non -ad valorem assessments in Stock Island, Key Maven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Buck Key and for three parcels on Boca Chica, including assessments for both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided. CONTRACUAGREEMENT CHANGES - NA DOCUMENTATION: Included Not Required DISPOSITION: AGEN WHEREAS, Monroe County, Florida (the ^Cmmnty)is contemplating the imposition of special assessments for the provision nf wastewater utility services; and WHEREAS, the County intends Um use the uniform method for collecting non-ad valorem special assessments for the cost ofproviding wastewater utility services, including both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided, for properties im Stock |a|an4 Key Haxen, Big CmppiM. Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key excluding Indies Islands and three parcels on Boca Chica, authorized by section 197.3832. Florida Gta1u0es, as mmnended, because this method will allow such special assessments to be collected annually commencing in October 2014, in the same manner as provided for ad valorem taxes; and WHEREAS, the County previously held public hearings in the past seven years, adopting resolution Nos. 635'2U00.5O8-20O7.515'20O8.403'20O9.46A-2010.44Ob- 2011 and U17-2U13;and WHEREAS, the BOCC held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of which being attached hereto as Exhibit A; MOVVTHEREFOREBE|TRESOLVEDBYTHEBDAR0OF COUNTY COMMISSIONERS OFMONRQE COUNTY, FLORIDA: Section 1, Commencing with the fiscal year beginning on October 1, 2014, the County intends to use the uniform method of collecting non-ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing wastewater utility services. Such non-ad valorem assessments mheD be levied within Stock Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key and three parcels on Boca Chica, including assessments for both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided. A legal description of each area subject to the assessment is attached hereto as Exhibit B and incorporated by reference- Section 2.The County hereby determines that the levy of the assessments ia needed to fund the cost of wastewater utility services within the geographic areas described above. Section 3., Upon adoption, the County Clerk is hereby directed to send a copy of this Resolution by United States maU1utheF|ohdaDepertmemtofRovemue.th*&4omroe County Tax Collector, and the Monroe County Property Appraiser by March 10, 2014. Section 4.This Resolution shall bo effective upon adoption PASSED AND ADOPTED by the Board uf County Commissioners ofMonroe County, Florida, at a regular meeting of the Board held on the 16th day of January, 2014. Mayor Sylvia Murphy Mayor Pro Tern Danny Ko|hage Commissioner Heather Carruthers Commissioner George Neugont Commio|mmer David Rice Attest: AMY HEAV|L!N.CLERK BOARD OF COUNTY COMMISSIONERS UFMONROE COUNTY, FLORIDA Deputy Clerk By: Mayor MONROE (", - TAF 0 N A' A. ROVF-DA YNTiWA HALF 2 EXHIBIT PROOF OFPUBLICATION (copy of legal notice as submitted to the media; proof of publication to be inserted upon receipt after final publication) BOARD OF COUNTY COMMISSIONERS Mayor Sylvia I Murphy, District 5 Uounty of Monroe Mayor Pro Tem Danny Kolhage, District t ? George Neugent, District 2 The Florida Keys K_, Heather Carruthers, District 3 David Rice, District 4 NOTICE OF INTENT TO CASE UNIFORM METHOD The Board of County Cotrunissioners of Monroe County, Florida ( "the County ") hereby provides notice, pursuant to Section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non -ad valorem special assessments, for the cost of providing certain wastewater capital improveauents and connections, to be levied within the unincorporated area of Monroe County encompassing the Mock Island, Key Haven, Big Coppitt, Lower Sugarloaf through Big fine Key, No Name Key, Long Key, Duck Key (excluding Indies Islands) and three (3) parcels on Boca Cica. RE # 122870- 000000, 122880- 0000 °00 and 122890000000 for the fiscal year beginning on October 1, 2014 and continuing each year until discontinued by the County. The County will consider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by Section 197.3632, Florida Statutes, at a public hearing to be held at 3;00 p.m. on January 16, 2014 in the Commission Chambers, Harvey Government Center, 1200 Truman avenue, Key West, FL. Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. All interested persons are invited to attend. Pursuant to Section 286.11105, 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 such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he 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. AD4 ,4SSISTA VC'E: If yon are a persona with a disability who needs special accorramnodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 2924441, between the hours of' 8.-30 ca.rn. - 5:00 parr., no later than five (5) calendar days prior to the scheduled meeting; ofyou are hearing or voice impairer, call "711 ". Dated at Key West, Florida this 1 V day of December, 2013. A_N/lY HBAVIL,IN, Clerk and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida For Publication as a 3 x 5 display ad with border on the following dates Key West Citizen ('T'h) 12/19113, 12/26/13, 1/2/14, 1/9/14 Keynoter (Sa) 12/21/13, 12/28/13, 1/4/1.4, 1111/14 Reporter (Fr) 12/20/13, 12127/13 1/3114, 1/10/14 EXHIBIT STOCK ISLAND AREA That portion uf the unincorporated area bounded mn the west byCow Key Channel, mn the east by Boca Chioa Channel, om the north bV the centerline ofUS.1 (State Road No. 5). and ofthe south by the Atlantic Ocean. KEY HAVEN AREA That portion of the unincorporated area bounded qn the west by Florida Bay, on the east by Atlantic Ocean, on the north by Florida Buy' and mn the south byUS1 and 8boh |s|omd (between K8N> 5.5 and 6.0), Monroe County, Florida. BIG COPPITT AREA That portion of the unincorporated area bounded on the west by Boca Chica Channel, on the east by Shark Channel, on the north by Florida Bay, and on the south bythe Atlantic Ocean (between Mile Markers 7 and 11) Monroe Couoty, FL LOWER SUGARLOAF THROUGH BIG PINE KEY, NO NAME KEY AREA That portion of the unincorporated area bounded on the west by Lower Sugarloaf Sound, on the east hyBig Spanish Channel and Bahia Honda Channel, on the north by Florida Bay, and on the south by Atlantic Ocean (between 83&318.5 and 35), Monroe County, Florida, LONG KEY AREA That portion of the unincorporated area bounded on the west by Long Key Viaduct, on the east by Channel 5, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 65 and 71). Monroe County, Florida. DUCK KEY AREA That portion of unincorporated area bounded by the north byU.S. Highway 1.on the west by Tom's Harbor Channel, on the south by Hawk's Channel and on the East by Tom's Harbor Cut; but excluding Indies |a|enda. THREE PARCELS ON BOCA CHICA The properties identified by the Property Appraiser's Parcel ID numbers: 00122870-000000, UD12288U'OQO000, and OO12280O'O000OO. 4 Letter from Property Appraiser: Consent to Extension ofTime. Letter from Tax Collector: Consent to Extension of Time. Scott P. Russell, CFA COUNTY COURTHOUSE pC) BOX 1176 KEYWEST, FLORIDA 33041-1176 This Consent to Extension nf Time is given, 6«ScOttP.RusseiLthe&1onmoeCountyProperty Appraiser, to the County of Monroe, Florida (the "County"). WHEREAS, the County desires to collect non-ad valorem assessments for the provision of Wastewater utility services; special assessments for the cost of providing Wastewater utility services, including both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided, for properties in Stock bland, Key Haven, Big[oppitt, Lower Sugarloaf Key through Big Pine Key, 0m Name Key, Long Key, Duck Key and three parcels on Boca [hiva beginning with the 2O14 Tax Roll; and WHEREAS, the county must adopt a resolution of intent under Chapter 197, Florida Statutes in order to collect said assessment on the Tax Collector's tax bill using the Uniform Method of Collection; and WHEREAS, the County would like an extension beyond January 1, 2014, to March 1, 2014, by vwh1dl tm adopt the resolution ufintent; and WHEREAS, the County seeks the consent of the Property Appraiser and Tax collector for such extension of time: NOW, THEREFORE, the Property Appraiser hereby consents, pursuant to section 197.3632(3)(a), Florida Statutes, to the County's holding ofa public hearing prior tn March 1,2Q14 to consider the adoption of a resolution of the County Commissioners providing a notice of its intent to use the section 197.3632, Florida Statutes, non-ad valorem method of collecting assessments to fund the County's wastewater special assessments in Fiscal Year 2014-2015, and furthermore agrees that the BOCCmaV send a copy Vfthe resolution once adopted by United States O on or before March 10, 2014. December 12, 2013 Scott P. Russell, CFA Monroe County Property Appraiser Key West Marathon Plantation County Couffliouse Marattmu Government Center Plantation Government Center 500 Whitehead St, 279% Overseas Hwy, S*r.3iO X8700 Overseas Hwy. (305) 292-3420 " ( 3 1#5) 299-:2558 (305) 852-7130 (305)292`3431 (Fos) (305)2C9-2555(pax) (305)852-7131 (Fax) MONROE COUNTY TAX COLLECTOR 1200 Truman Ave_ Key West, FL 33040 Phone: (305)295-5000 Fax: (305)295-5020 jr� 0001 z RIM LN I M 1101111W =1 0% 1- to] 0 This Consent to Extension • Time is given by Danise D. HenHquez, the Monroe County Tax Collector (Tax Collector), to the Board of County Commissioners (BOCC) WHEREAS, the Board of County Commissioners desires to collect non-ad valorem assessments for the cost of providing wastewater utility services, in Fiscal Year 2014-2015; and WHEREAS, the BOCC must adopt a resolution of i ntent under Chapter 191 Florida Statutes in order to collect said assessment • the Tax Collector`s tax using the Uniform Methof Collection and • d • WHEREAS, the BOCC would like an extension beyond January 1, 2014, to March 1, 2014, by which to adopt the resolution • intent; and WHEREAS, the BOCC seeks the consent of the Property Appraiser and Tax collector for such extension of time: NOW, THEREFORE, the Tax Collector hereby consents, pursuant to section 197.3632(3):(a), Florida Statutes, to the BOCC's holding! of a public hearing prior to March 1, 2014 to consider the adoption of a resolution of' the BOCC providing a notice of its intent to use the section 197-3632, Florida Statutes, non-ad valorem method of collecting assessments to fund the BOCC's cost • providing wastewater utility services in Fiscal year 2014-2015. Date D iseD. Henriquez, CFC Monroe County Tax Collector