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Item J4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 10- 2015 Division: PWD/Engineering_ Bulk Item: Yes No —X Department: Wastewatgj Staff Contact Person/Phone #: Kevin Wilson/ 453-8797 AGENDA ITEM WORDING: Approval to adopt the East/West Long Key and No Name Key and Middle/Big Torch Key and Expanded parcels within Cudjoe Regional Wastewater service area Initial Assessment Resolution describing the method of assessments for the wastewater service areas as adopted by the BOCC on March 18th, item C37, for the East and West sides of Long Key and on June I O'h, for No Name Key, Middle Torch and Big Torch and the expanded parcels of Cudj oe Regional Wastewater service area which includes 35 new parcels. least 20 days prior to the pu ic earing ina reso ion I I assessment roll, the local government shall notice the hearing by first class notice and by publication in a newspaper generally circulated within each county. The mailing will be managed by GSG. PREVIOUS RELEVANT BOCC ACTION: On March 18th, 2015 BOCC approved-1—tem—r-71/, 1h Funding for the expansion of wastewater services to East and West Long Key. On June 20 , 2012 BOCC approved the Initial Assessment Resolution for the Cudjoe Regional Inner (reso. 173-2012) and Outer Island (reso. 174-2012) Wastewater service areas. On July 18 1h , 2012 BOCC approved the Final Assessment Resolution for the Cudjoe Regional Inner (reso. 197-2012) and Outer Island (reso.198- 2012) Wastewater service areas. ,Tffanlm�� STAFF RECOMMENDATIONS: Approval as stated. TOTAL COST: N/A INDIRECT COST: N/A — BUDGETED: Yes —NO COST I; $0 SOURCE OF FUNDS: — REVENUE PRODUCING: Yes — No — AMOUNT PER MONTH Year APPROVED BY: County Arty Cf+ OMB/Purchasing(W Risk Management Included X Not Required 01-101��N MONROE COUNTY, FLORIDA EAST/WEST LONG KEY AND NO NAME KEY AND MIDDLEBIG TORCH KEY AND EXPANDED PARCELS WITHIN CUDJOE REGIONAL WASTEWATER SERVICE AREA INITIAL ASSESSMENT RESOLUTION JUNE 10, 2015 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS.................................................................................... 3 SECTION 1.02. INTERPRETATION...........................................................................7 SECTION 1.03. GENERAL FINDINGS...................................................................... 7 ARTICLE 11 WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED ...................... 8 SECTION 2.02. IMPOSITION OF ASSESSMENTS................................................... 8 SECTION 2.03. PREPAYMENT AMOUNTS............................................................. 9 SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS ........................... 9 SECTION 2.05. PREPAYMENT OPTION.................................................................. 9 SECTION 2.06. MANDATORY PREPAYMENT....................................................... 9 SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION ..................... 10 ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROL.................................. 11 SECTION 3.02. PUBLIC HEARING......................................................................... 11 SECTION 3.03. NOTICE BY PUBLICATION.......................................................... 11 SECTION 3.04. NOTICE BY MAILING................................................................... 12 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION......................................................... 12 SECTION 4.02. SEVERABILITY.............................................................................. 12 SECTION 4.03. EFFECTIVE DATE.......................................................................... 12 i TABLE OF APPENDICES APPENDIX A DESCRIPTION OF THE EAST AND WEST LONG KEY, NO NAME KEY, MIDDLE AND BIG TORCH KEY AND 35 PARCELS LOCATED WITHIN THE CUDJOE REGIONAL SERVICE AREA APPENDIX B PUBLIC HEARING NOTICE TO BE PUBLISHED APPENDIX C FORM OF MAILED NOTICE [remainder of this page intentionally left blank] ii RESOLUTION NO. - 2015 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER SERVICE TO PROPERTIES; DESCRIBING THE SYSTEM DEVELOPMENT FEE, COLLECTION COSTS AND THE OTHER TERMS AND CONDITIONS OF THE NON -AD VALOREM ANNUAL WASTEWATER ASSESSMENTS; ESTABLISHING THE AMOUNT AND TERM OF THE ANNUAL WASTEWATER ASSESSMENT FOR EACH PARCEL OF PROPERTY TO BE ASSESSED; DIRECTING PREPARATION OF THE INITIAL NON -AD VALOREM ASSESSMENT ROLL; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED WASTEWATER ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. [remainder of this page intentionally left blank] 3 "Adjusted Prepayment Amount" means the remaining Prepayment Amount for each Tax Parcel computed by deducting (1) the portion of the system development fee paid by the property owner as Annual Wastewater Assessments from (2) the Prepayment Amount utilized to compute the annual Wastewater Assessment included on the Non -Ad Valorem Assessment Roll for such Tax Parcel. "Annual Wastewater Assessment" means the sum of (1) the Annual System Development Fee Payment, and (2) the Collection Cost for each Tax Parcel. "Collection Cost" means the amount computed each Fiscal Year for each Tax Parcel that shall be equal to (1) the Prepayment Amount for such Tax Parcel divided by the sum of the aggregate Prepayment Amount, multiplied by (2) the estimated cost to be incurred by the County during any Fiscal Year in connection with collection of the Wastewater Assessments, including staff administration time. "Board" means the Board of County Commissioners of Monroe County, Florida. "County" means Monroe County, a political subdivision of the State of Florida. "County Administrator" means the chief administrative officer of the County, designated by the Board to be responsible for coordinating the Wastewater Assessments, or such person's designee. "Final Assessment Resolution" means the resolution described in Section 2.06 of the Ordinance, which shall confirm, modify or repeal this Resolution. 4 "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County, which shall be the final proceeding for the initial imposition of the annual wastewater assessment. "Initial Assessment Resolution" means the resolution described in Section 2.02 of the Ordinance, which shall be the initial proceeding for identification of Collection Costs and for imposition of an Annual Wastewater Assessment. "Initial Prepayment" means payment of the system development fee without interest or other Connection Costs. "Improved Tax Parcel" means those privately owned properties in the East/West Long Key Wastewater Service Area described in Appendix A which generate wastewater and therefore will be required to connect to the Layton Wastewater Treatment System, and those privately owned properties in the No Name Key, Middle and Big Torch Key, and 35 parcels located within Cudjoe Regional Wastewater Service Areas described in Appendix A which generate wastewater and therefore will be required to connect to the Cudjoe Regional Wastewater Treatment System. "Non -Ad Valorem Assessment Roll" means a non -ad valorem assessment roll, as defined in Section 197.3632(1)(e), Florida Statutes, approved by a Final Assessment Resolution pursuant to Section 2.06 of the Ordinance or an annual rate resolution pursuant to Section 2.08 of the Ordinance. "Ordinance" means Ordinance No. 027-2003. 5 "Prepayment Amount" means the amount required to prepay remaining balance of Wastewater Assessment for each Tax Parcel following certification of the Non -Ad Valorem Assessment Roll for the ad valorem tax bill to be mailed in November of each year. "Property Appraiser" means the Monroe County Property Appraiser. "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. "Tax Collector" means the Monroe County Tax Collector. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll described in Section 193.114(2), Florida Statutes. rr. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "Utility" means Florida Keys Aqueduct Authority. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, grant to a board of county commissioners all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. (B) The Board has enacted the Ordinance to authorize the imposition of wastewater assessments to allow payment of the cost to provide wastewater service to be paid over a period of years using the Uniform Assessment Collection Act. (C) The availability of payment options that allow a property owner either to pay an Initial Prepayment of the System Development Fee or to pay the System Development Fee over a period of years as Annual Wastewater Assessments provides a special benefit to property and encourages the property owner to pay the assessable amounts on a timely basis. (D) Since the System Development Fee and related costs are directly related to each specific parcel of property to be assessed, the wastewater assessment program provides an equitable method of funding the System Development Fee and related costs. ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED. Wastewater Assessments shall be imposed on improved, privately owned tax parcels within the Wastewater Service areas as described by Appendix A. SECTION 2.02. IMPOSITION OF ASSESSMENTS. Wastewater Assessments shall be imposed for a period of 20 years. The first Annual Wastewater Assessment will be included on the ad valorem tax bill to be mailed in November 2015. When imposed, the wastewater assessment for each Fiscal Year shall constitute a lien upon such Tax Parcels pursuant to the Ordinance. 8 SECTION 2.03. PREPAYMENT AMOUNTS. In the initial year, the amount necessary to prepay the System Development Fee in full for each Tax Parcel shall be $4,500 per EDU. In each successive year, a Prepayment Amount for each Tax Parcel shall be computed annually. SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS. The Annual Wastewater Assessment shall be computed for each Tax Parcel as the sum of (1) the Annual System Development Fee Payment, and (2) the Collection Cost. The Annual System Development Fee Payment is computed as the unpaid balance of the System Development Fee amortized together with interest up to 3.0% per annum, over the remaining term for such tax parcel. The interest rate applied will be determined based on the interest rate obtained by Monroe County to borrow funds to complete the projects. SECTION 2.05. PREPAYMENT OPTION. The owner of each Tax Parcel subject to the Wastewater Assessments shall be entitled to prepay all future unpaid Annual Wastewater Assessments upon payment of an amount equal to the sum of (1) the Annual Wastewater Assessment and (2) the Adjusted Prepayment Amount. The amount of all prepayments made pursuant to this Section 2.05 shall be final. [remainder of this page intentionally left blank] D: SECTION 2.06. MANDATORY PREPAYMENT. The owner of a Tax Parcel subject to the Wastewater Assessment shall immediately prepay all future unpaid Annual Wastewater Assessments for such Tax Parcel if (1) the Tax Parcel is acquired by a public entity through condemnation or otherwise, or (2) a tax certificate has been issued and remains outstanding in respect of the Tax Parcel and the County, at its sole option, elects to accelerate the Wastewater Assessment. Failure by the property owner to comply with this Section 2.06, will result in the remaining Prepayment Amount (plus interest computed at the rate utilized to compute the Annual System Development Fee Payment) being placed on the Tax Parcel's ad valorem tax bill for the next Fiscal Year, in addition to its share of the Collection Cost and Statutory Discount. SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION. Upon subdivision of any Tax Parcel subject to the Wastewater Assessment, and compliance with the conditions set forth below, the Prepayment Amount for such Tax Parcel shall be reallocated among the subdivided parcels as described in the Final Assessment Resolution. [remainder of this page intentionally left blank] 10 ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL. The County Administrator is hereby directed to prepare the preliminary Non -Ad Valorem Assessment Roll in the manner provided in the Ordinance. The preliminary Non -Ad Valorem Assessment Roll shall be maintained by the County Administrator and open to public inspection beginning June 11, 2015. The foregoing shall not be construed to require that the Non -Ad Valorem Assessment Roll be in printed form if the amount of the Wastewater Assessment for each Tax Parcel can be determined by use of a computer terminal available to the public. SECTION 3.02. PUBLIC HEARING. A public hearing will be conducted by the Board at 3:00 p.m., or as soon thereafter as the matter can be heard, on July 15, 2015, at the County Commission Chambers in the Harvey Government, 1200 Truman Ave, Key West, Florida, to consider (A) imposition of the Wastewater Assessments, and (B) collection of the Wastewater Assessments pursuant to the Uniform Assessment Collection Act. SECTION 3.03. NOTICE BY PUBLICATION. Upon completion of the Non -Ad Valorem Assessment Roll, the County Administrator shall publish a notice of the public hearing authorized by Section 3.02 hereof in the manner and the time provided in Section 2.05 of the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix B. 11 SECTION 3.04. NOTICE BY MAILING. In addition to the notice provided in accordance with Section 3.03, above, at least 20 days prior to the public hearing, the County Administrator shall mail a notice of the public hearing to each person owning property subject to the assessment. Said notice shall be mailed by first-class mail, and shall include all of the information required by Section 197.3632(4)(b), Florida Statutes. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Wastewater Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of a Final Assessment Resolution confirming this Resolution and imposing the Wastewater Assessments, the Non -Ad Valorem Assessment Roll shall be certified to the Tax Collector pursuant to the Uniform Assessment Collection Act. SECTION 4.02. SEVERABILITY. If any clause, section or provision of this Resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. [remainder of this page intentionally left blank] 12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the loth day of June, 2015. Mayor Danny Kolhage Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy (SEAL) Attest: AMY HEAVILIN Clerk of the Court wo Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA in Mayor/Chairperson MON�4 E COUNTY ATTORNEY AP ROVED S To FT. /J 11 �}�Gt7tEc� ASSISTA14T OOU TY �TQEY Date 13 APPENDIX A DESCRIPTION OF EAST/WEST LONG KEY WASTEWATER SERVICE AREA AK RECHAR NAME 1114791 00098230-000000 SEA BIRD MARINA INC 1114821 00098260-000000 DE PAPP LYDIA 111561400098860-000000 MO LL J O H N RAND KATHY J O 1115622 00098880- 000000 LONG KEY SUNSET LODGE L LC 1115657 00098900-000000 MIG ENTERPRISES INC 1470074 00386350- 000000 VERNON LONG KEY L LC 1470082'00386360-000000 PESCH WILLLIAM 147009100386370-000000 PESCH WILLIAM S 1470112 00386410-000100 LONG KEYTOWNHOUSE CONDOMINIUM ASSOCIATION INC 1470147 00386411-000100 NON IS GEORGE S AND CAROL 1470155 00386411-000200 LAURENZO BEN E REVOCABLE TRUST 1470163 00386411-000300 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ROEMMELE-PUTN EY ALICIA REVOCABLE TRUST 6/ 1393550'00319492-000400 HARLACHER ANTHONY C AND ELIZABETH A 1127329 00108050-000206 DOUVI LLE HALLETT AN D LI N DA 8622414 00319493-000400 MARGIN ELLA LLC 1393801 00319492-003000 SMITH THOMAS D AN D MARY B 1393789 00319492- 002800 SA N D RO N I J O H N J 1393754' 00319492-002500 RAS E R RA N DA LL A 1393541 00319492-000300 KIMBLE HAROLD AND KANDY 1393657' 00319492-001400 HACK N EY DAV I D AN D E LIZA BETH 1393681 00319492-001700 LICHT MARK AND MARJORIE 1393924 00319492-004200 WERNSEN J A 1393649 00319492-001300 VICKREY WILLIAM BRADFORD AND BETH 1393088 00319491-000800 DORAL INVESTMENT GROUP LLC 1393053 00319491-000500 COLEMAN KATHRYN H TRUST 4/13/1994 1393941 00319492-004400 GOLD DADDYS LLC 1393037 00319491-000300 PRESS MICHAELANDANNE 8641176 00108040- 000500 BEAM ST E P H E N C 1393908 00319492-004000 WILLIS ELLIS M AND CYNTHIA L 1393720'00319492-002100' LEFFERS DANIEL R AND PAMELA S (contd) 19 APPENDIX A DESCRIPTION OF NO NAME KEY WASTEWATER 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00108120-001300 TURKEL BRUCE EVAN AND GLORIA NUNEZ H/W 1127680 00108130-002400 FLETCHER MARSHA D 20 APPENDIX A DESCRIPTION OF 35 PARCELS LOCATED WITHIN CUDJOE REGIONAL WASTEWATER SERVICE AREA AK RECHAR NAME 1134082'00111072-053000'UNITED STATES OF AMERICA US FISH AND WILDLIFE SVCS 1136271 00111074-066000 LORD OF THE SEAS LUTHERAN CHURCH INC 113502000111073- 046000 CON F I D E N T I A L DATA F.S. 119.07 1137341 00111075-074000 UNITED STATES OF AMERICA US FISH AND WILDLIFE SERV 1137367 00111075-076000 MELENDEZ FRITZ 1137332' 00111075-073000 URGO ROBERT J 1137308 00111075-070000 WHITE KEITH E AND LYNN 1330132' 00258460-000000 MC CLAI N GLEN DA J 1137405 00111075-080000 EHRIG ROBERT W 1327654 00255880-000000 CASSIDYTERRANCE A AND PATRICIAN 1136018' 00111074-040000 RUBIO DAN I EL 8643691 00109140- 000100 VI E RS RO B E RT T 1331376'00259720-000000'DEUTSCHE BANK NATIONAL TRUST COMPANY 1135127 00111073-056000 GORMAN BRUCE AND THELKA 1135003 00111073-044000 BANSEN HARALD H 1359688 00287500-000000 NICKSIC RONALD L REV TR AGR 6/16/2006 1135461 00111073-084000 MILLER JAMES PATRICK AND SUSAN B 1360104' 00287920-000000 R U B I N O DO N N W AND LI N DA A 1134171 00111072- 060001 DITTO CA R LTO N J 1388467 00314950-000000 SOMMAJAMES PAND JEANNE BAUER 1389358'00315840-000000'SEARLES DALE E 1137189 00111075-058000 TRESSA HARRY A REV TR AGR 10/21/09 1388459'00314940-000000'GATTI CHRISTIAN 1389315 00315800-000000 NELSON BETHI 8849494 00172070- 000200 J U D I S HOUSE I N C 1150037' 00117500-002300 BORGES CARMEN M 9007956 00117500-002302 SPRINGER PAUL LAND MICHELLE 1258008' 00196330-000000 SUMMERLAN D NEST LLC 1258016 00196340- 000000 W EJ E B E K R I ST I N 1145041 00114470-004400 MOL ROBIN AND MICHELLE 1257800'00196130-000000'GOLDEN CHRISTOPHER D AND SHERI L 1145165 00114470-005600 MCKENNA MARTIN JAND KAREN N 1258024'00196350-000000'SUNSHINE ISLE LLC 1145009 00114470-004000 CARPENTER DAVID 1145181 00114470-005800 HOFFMAN WILLIAM C AND RENATA J 21 APPENDIX B PUBLIC HEARING NOTICE NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY FINAL ASSESSMENT RESOLUTION NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 15, 2015 at 3:00 p.m., or as soon thereafter as may be heard, at the Harvey Government Center, 1200 Truman Ave., Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida intends to conduct a public hearing to consider approval of the following County 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 LOCATED WITHIN THE EAST/WEST LONG KEY WASTEWATER SERVICE AREA AND THE NEWLY EXPANDED AREA OF THE CUDJOE REGIONAL SYSTEM WHICH INCLUDES PARCELS ON NO NAME KEY, MIDDLE TORCH KEY AND BIG TORCH KEY, SUMMERLAND KEY, BIG PINE KEY AND LOWER SUGARLOAF KEY; APPROVING THE NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. The figure(s) below depicts the limits of the additional properties within East and West Long Key to the centralized Wastewater Service and the expanded parcels within Cudjoe Regional Wastewater Service Area which also include newly expanded areas on Middle Torch, Big Torch, No Name Key, Lower Sugarloaf, Summerland Key and Big Pine Key. Wastewater Assessments shall be imposed on improved, privately owned tax parcels in the East/ West Long Key Wastewater Service Area and the expanded centralized Cudjoe Regional Service Area. PA Figure 1. East/West Long Key wastewater parcels West Long Key Expansion Long Key ng Key Ocean East Long Key Expansion Anglers Cove at Long Key OceanSii 23 Figure 2. Cudjoe Regional Wastewater Treatment Service Area Big Pine Key PALM AVEU.- PRIMROSE LN AAGNOLIA DR MAHOGANY LN RCHID LN DVVOOD RD w ~ EASEMENT LSA LN m ,rrJ TULIP LN COCONUT PALM D VIO ET ❑R OLEANDER DR CEDAR ❑R z z z J J Q Q W ROSE DR W W ❑O z o IRIS DR W ¢I z ¢J c� O ,INE AVE CYPRESS DR ~ WATSON BLV =KNO ALLAMAND LN OLEAN 1 EASEMENT L OVER LIN Q EASEMENT wEASEMENT CO I LEA L LL _j OSPREY LN G TVS L. EASEMENT JRIFTWOOD LN J ANGO LN CHICKASAW STF71EASEMENT SOUTH S' GUAVA LN OSCEOLA ST Li EASEMENT =_� SILVER BUTTO, IROQUOIS S EASEM EN T 24 (cont'd Hi Figure 2. 25 Figure 2. (cont'd) Cudjoe Regional Wastewater Treatment Service Area Pro (cont'd) Cudjoe Figure 2. nal Wastewater Treatment Service Area Summerland Key CROSS Q a w z z w U Z � NORTHSI E T O :(0)VRSEAS HWYCENTER 9-17 25 \ 4 PARK DR � MA Figure 2. (cont'd) Cudjoe Regional Wastewater Treatment Service Area Road PQ All affected property owners have a right to appear and provide input at the hearing and may file written objections with the County Administrator any time prior to the public meeting, or twenty days from this notice, whichever is longer. Copies of the Initial Assessment Resolution can be viewed on the Monroe County website at http://fl-monroecounN.ciyiolus.com/agendacenter upon publication of the June 10, 2015 BOCC agenda. Copies of the Initial Assessment Resolution and the preliminary assessment roll are also available for inspection at the County Administrator's Office at the Historic Gato Cigar Factory, 1100 Simonton St., Suite 2-205, Key West, Florida. The non -ad valorem assessments will be collected on the ad valorem tax bill, 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 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 2015. Florida Statutes section 286.0105: If any 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 proceeding, and for such purpose, such person may need to ensure that a verbatim record of the proceeding 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 "71 P Dated at Key West, Florida this X)& day of XXXX, 2015. AMY HEAVILIN, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication as display ad with border on the following dates: Reporter (Fr) Keynoter (Sa) KW Citizen (Fr) PQ APPENDIX C FORM OF 1ST CLASS NOTICE 30 Monroe Count Engineering Wastewater Department 1100 Simonton St. #2-216 Key West, FL 33040 «OwnerName1» «OwnerName2» «OwnerAdd1» «OwnerAdd2» ((City)) «State» ((Zip)) Board of County Commissioners Mayor Danny Kolhage, Dist. 1 Mayor Pro Tern Heather Carruthers, Dist. 3 George Neugent, Dist. 2 rt..- David Rice, Dist. 4 Sylvia Murphy, Dist. 5 AK#: Sequence Number: MW-«SegNum» ((COUNTRY)) Sequence Date: June 24, 2015 Re: Notice of Wastewater Non -Ad Valorem Assessments Long Key, No Name Key, Middle and Big Torch and the expanded area of Cudjoe Regional which includes 35 new parcels Dear Property Owner: Expansion of the Centralized Wastewater Treatment areas will commence within Long Key, No Name Key, Middle Torch, Big Torch and an expanded area within the Cudjoe Regional Area that includes 35 new parcels, in the near future 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. 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 2012, 2013 and 2014. 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. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations > 1.1 to the address printed at the top of this notice with a postmark of August 1, 2015. Contact the Wastewater Department at 305-292-4525 to obtain a Wastewater Appeal form, or download it from http://www.monroecounty-fl.gov/forms.aspx. The EDU Allocation for the above parcel is: «EDU» The lump sum System Development Fee is proposed at $4,500 per EDU. The lump sum System Development Fee for the above parcel is <Insert calc: 4500xEDU>. It is anticipated that the Prepayment will be due by August 31, 2015, if you decide to prepay. 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. No action is required on your part to elect this option. The total assessment revenue to be generated within the additional and expanded Areas, including the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period is approximately $ . The County intends to include annual assessments on your ad valorem tax bill beginning November 2015. 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 $_ per EDU. The estimated Annual Wastewater Assessment for the above parcel is: <insert max annual> You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for July 15, 2015 at 3:00 p.m. at the Harvey Government Center, 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at www.monroecount-fl.gov/agendacenter on July 06, 2015. 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. (Cont'd) 31 (Cont'd) In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs special accommodations to participate in this proceeding, please contact the County Administrator at (305) 292-4441, between the hours of 8:30 a.m. — 5:00 p.m., no later than fine (5) calendar days prior to the date of the hearing. If you are hearing or voice impaired, call "711 ". Once expansion is complete and wastewater service becomes available, owners of properties with water service will be required to connect to the centralized 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 centralized 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 the Wastewater Department at 305-292-4525 between the hours of 9:00 a.m. and 4:00 p.m. 32 Agenda Back -Up —June 10, 2015 FOR Initial Assessment Resolution E/W Long Key No Name Key Middle/Big Torch Key Expanded 35 parcels Included Resolution 173-2012 — Initial Assessment Resolution Cudjoe Regional Inner Islands Resolution 174-2012 — Initial Assessment Resolution Cudjoe Regional Outer Islands Resolution 197-2012 — Final Assessment Resolution Cudjoe Regional Inner Islands Resolution 198-2012 — Final Assessment Resolution Cudjoe Regional Outer Islands MONROE COUNTY, FLORIDA CUDJOE REGIONAL CENTRALIZED INNER ISLANDS WASTEWATER ASSESSMENT PROGRAM INIZ'iAL ASSESSMENT RESOLUTION (INICLUDING PARCELS WITHIN THE CENTRAL SERVICE BOUNDARIES FROM UPPER, SUGARLOAF TO SUMMERLAND KEY) June 20, 2012 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS....................................................................................2 SECTION 1.02. INTERPRETATION........................................................................... 5 SECTION 1.03. GENERAL FINDINGS......................................................................5 ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED......................6 SECTION 2.02. B4POSTTION OF ASSESSMENTS................................................... 6 SECTION 2.03. PREPAYMENT AMOUNTS............................................................. 6 SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS ........................... 6 SECTION 2.05. PREPAYMENT OPTION.................................................................. 7 SECTION 2.06. MANDATORY PREPAYMENT....................................................... 7 SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION ....................... 8 ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL .................................. 8 SECTION 3.02. PUBLIC HEARING........................................................................... 8 SECTION 3.03. NOTICE BY PUBLiCAnoN............................................................9 SECTION 3.04. NOTICE BY MAILING..................................................................... 9 ARTICLE TV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLEC 1ON........................................................... 9 SECTION 4.02. SEVERABILIly..............................................................................10 SECTION 4.03. EFFECTIVE DATE........................................................_.................10 TABLE OF APPENDICES APPENDIX A DESCRIPTION OF THE CUDIOE REGIONAL CENTRALIZED INNERISLANDS SERVICE AREA APPENDIX B PUBLIC HEARING NOTICE TO BE PUBLISHED APPENDIX C FORM OF MAILED NOTICE RESOLUTION NO.173 - 2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER SERVICE TO PROPERTIES; DESCRIBING THE SYSTEM DEVELOPMENT FEE, COLLECTION COSTS AND THE OTHER TERMS AND CONDITIONS OF THE NON -AD VALOREM ANNUAL WASTEWATER ASSESSMENTS; ESTABLISHING THE AMOUNT AND TERM OF THE ANNUAL WASTEWATER ASSESSMENT FOR EACH PARCEL OF PROPERTY TO BE ASSESSED; DIRECTING PREPARATION OF THE INITIAL NON -AD VALOREM ASSESSMENT ROLL; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED WASTEWATER ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS; ARTICLE I DEFDMONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Adjusted Prepayment Amount" means the remaining Prepayment Amount for each Tax Parcel computed by deducting (1) the portion of the system development fee paid by the property owner as Annual Wastewater Assessments from (2) the Prepayment Amount utilized to compute the annual Wastewater Assessment included on the Non -Ad Valorem Assessment Roll for such Tax Parcel. "Annual Wastewater Assessment" means the sum of the sum of (1) the Annual System Development Fee Payment, and (2) the Collection Cost for each Tax Parcel. "Collection Cast" means the amount computed each Fiscal Year for each Tax Parcel that shall be equal to (1) the Prepayment Amount for such Tax Paarc4 divided by the sum of the aggregate Prepayment Amount, multiplied by (2) the estimated cost to be incurred by the County during any Fiscal Year in connection with collection of the Wastewater Assessments, including staff administration time. "Board" means the Board of County Commissioners of Monroe County, Florida "County" means Monroe County, a political subdivision of the State of Florida. Z "County Administrator" means the chief administrative officer of the County, designated by the Board to be responsible for coordinating the Wastewater Assessments, or such person's designee. "Final Assessment Resolution" means the resolution described in Section 2.06 of the Ordinance, which shall confirm, modify or repeal this Resolution. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County, which shall be the final proceeding for the initial imposition of the annual wastewater assessment. "Initial Assessment Resolution" means the resolution described in Section 2.02 of the ordinance, which shall be the initial proceeding for identification of Collection Costs and for imposition of an Annual Wastewater Assessment. "Initial Prepayment" means payment of the system development fee without interest or other Connection Costs. "Improved Tax Pared" means those privately owned properties in the service areas described in Appendix A which generate wastewater and therefore will be required to connect to the Cud}oe Regional Wastewater Centralized Treatment System. "Non -Ad Valorem Assessment Roll" means a non -ad valorem assessment roll, as defined in Section 197.3632(l)(e), Florida Statutes, approved by s Final Assessment M Resolution pursuant to Section 2.06 of the ordinance or an annual rate resolution pursuant to Section 2.08 of the ordinance. "Ordinance" means Ordinance No. 027-2003. "Prepayment Amount" means the amount required to prepay remaining balance of Wastewater Assessment for each Tax Parcel following certification of the Non -Ad Valorem Assessment Roll for the ad valorem tax bill to be mailed in November of each kma "Property Appraiser" means the Monroe County Property Appraiser. "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 $5,700 per EDU. "Tax Collector" means the Monroe County Tax Collector. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll described in Section 193.114(2), Florida Statutes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. 4 "Utility" means Florida Keys Aqueduct Authority. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words imparting the singular number include the plural number, and vice versa, the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.03. GENERAL • FINDINGS. It is hereby ascertained, determined and declared that: (A) Article VM, Section i of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, grant to a board of county commissioners all, powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general law, or with special taw approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. (B) The Board has enacted the Ordinance to authorize the imposition of wastewater assessments to allow payment of the cost to provide wastewater service to be paid over a period of years using the Uniform Assessment Collection Act. (C) The availability of payment options that allow a property owner either to pay an initial Prepayment of the System Development Fee or to pay the System Development Fee over a period of years as Annual Wastewater Assessments provides a 5 special benefit to property and encourages the property owner to pay the assessable amounts on a timely basis. (D) Since the System Development Fee and related costs are directly related to each specific parcel of property to be assessed, the wastewater assessment program provides an equitable method of funding the System Development Fee and related costs. ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED. Wastewater Assessments shall be imposed on improved, privately owned Tax Parcels in the cemoWized C udjoe Regional Service Area SECTION 2.02. IlHPOSITION OF ASSESSMENTS. Wastewater Assessments shall be imposed for a period of 20 years. The first Annual Wastewater Assessment will be included on the ad valorem tax bill to be mailed in November 2012. When imposed, the wastewater assessment for each Fiscal Year shall constitute a lien upon such Tax Parcels pursuant to the Ordinance. SECTION 2.03. PREPAYMENT AMOUNTS. in the initial year, the amount necessary to prepay the System Development Foe in full for each Tax Parcel shall be $5,700 per EDU. In each successive year, a Prepayment Amount for each Tax Parcel shall be computed annually. SECTION 2.44. COMPUTATION OF ANNUAL ASSESSMENTS, The Annual Wastewater Assessment shall be computed for each Tax Parcel as the sum of (1) 6 the Annual System Development Fes Payment, and (2) the Collection Cost. The Annual System Development Fee Payment is computed as the unpaid balance of the System Development Fee amortized together with interest up to 3% per annum, over the remaining term for such tax parcel. The interest rate applied will be determined based on the interest rate obtained by Monroe County to borrow funds to complete the projects. SECTION 2.05. PREPAYMEZfr OPTION. The owner of each Tax Parcel subject to the Wastewater Assessments shall be entitled to prepay all future unpaid Annual Wastewater Assessments upon payment of an amount equal to the sum of (1) the Annual Wastewater Assessment and (2) the Adjusted Prepayment Amount. The amount of all prepayments made pursuant to this Section 2.05 shall be final. SECTION 2.06. MANDATORY PREPAYMENT. The owner of a Tax Parcel subject to the Wastewater Assessment shall immediately prepay all future unpaid Annual Wastewater Assessments for such Tax Parcel if (1) the Tax Parcel is acquired by a public entity through condemnation or otherwise, or (2) a tax certificate has been issued and remains outstanding in respect of the Tax Parcel and the County, at its sole option, elects to accelerate the Wastewater Assessment. Failure by the property owner to comply with this Section 2.06, will result in the remaining Prepayment Amount (phis interest computed at the rate utilized to compute the Annual System Development Fee Payment) being placed on the Tax 7 Parcel's ad valorem tax bill for the next Fiscal Year, in addition to its share of the Collection Cost and Statutory Discount. SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION. (A) Upon subdivision of any Tax Parcel subject to the Wastewater Assessment, and compliance with the conditions set forth below, the Prepayment Amount for such Tax Parcel shall be reallocated among the subdivided parcels as described in the Final Assessment Resolution. ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. NUN -AD VALOREM ASSESSMENT ROLL. The County Administrator is hereby directed to prepare the preliminary Non -Ad Valorem Assessment Roll in the meaner provided in the Ordinance. The preliminary Non -Ad Valorem Assessment Roll shall be maintained by the County Administrator and open to public inspection beginning June 21, 2012. The foregoing shall not be construed to require that the Non -Ad Valorem Assewment Roll be in printed form if the amount of the Wastewater Assessment for each Tax Parcel can be determined by use of a computer terminal available to the public. SECTION 3.02. PUBLIC HEARING. A public hearing will be conducted by the Board at 5:01 p.m., or as soon thereafter as the matter can be heard, on July 18, 2012, at the County Commission Chambers in the Harvey Government Center, 1200 Truman 8 Avenue, Key West, Florida, to consider (A) imposition of the Wastewater Assessments, and (H) collection of the Wastewater Assessments pursuant to the Uniform Assessment Collection Act. SECTION 3.03. NOTICE BY PUBLICATION. Upon completion of the Non -Ad Valorem Assessment Roll, the County Administrator shall publish a notice of the public hearing authorized by Section 3.02 hereof in the manner and the time provided in Section 2.05 of the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix B. SECTION 3.04. NOTICE BY MAIMING. In addition to the notice provided in accordance with Section 3.03, above, at least 20 days prior to the public hearing, the County Administrator shall mail a notice of the public hearing to each person owning property subject to the assessment. Said notice shall be mailed by first-class mail, and shall include all of the information required by Section 197.3632(4)(b), Florida Statutes. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Wastewater Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of a Final Assessment Resolution confirming this Resolution and imposing the Wastewater Assessments, the Non -Ad Valorem Assessment Roll shall be certified to the Tax Collector pursuant to the Uniform Assessment Collection Act. 9 SECTION 4.02. SEWMABILITY. If any clause, section or provision of this Resolution shall be declared unconstitutional or invalid far any reason or cause, the remaining portion of said Resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Hoard of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 201' day of .Tune, 2012. Mayor David Rice Mayor Pro Tem Kim Wigington . Commissioner George Neugent ' ssioner Heather Carruthers o sioner Sylvia Murphy r' k (SEAL) Attest: DANNY L. KOLHAGE By: Deputy Clerk Yes Yes Yes Yes Yes BOARD OF COUNTY CON04 SSIONERS OF MONROE COUNTY, FLORIDA By: Mayor David Ri APPENDIX A DESCRIPTION OF 7OE REGIONAL CENTRALIZED INNER ISLANDS WASTEWATER SERVICE That portion of the unincorporated area bounded on the west by Upper Sugarloaf Sound, on the east by Niles Channel, on the north by Florida Say, and on the south by Atlantic Ocean (between MM 19 and 25.5) Monroe County, Florida A-1 APPF14DfK N F" RM QF NOTICE FOR EIMK MEAMG TO CONSIDER ADOEEM Q.F NT REMjUT10N NOTICE IS BEREB'Y GIVEN TO WHOM IT MAY CONCERN that the Board of sty Co of Monrocr County,ty, will gold s public bming on July 180 2012 beginning at 5:01 arm.in t ey Govrrsn meat C terra 1200 Truman Avenue, Key Wes,FL 33040,to consider adoption of the: Cudjoe Regional Centralized nner Viands Wastewater r sment Program Flual Assessment Resolution to impose: for collectim,of a special assesamtw on improved,privatcly owngd 11 as pt located in the cm Clyoe Reponal Smice Am (including Uppa Sugarloaf o Summerlard Key). Figure 1.bdow deWts the geographic ama,mjb,ed 10 the rworrt. FIgure 1. 01,1111 Or Low ON~ � III B-1 C[TD M REGIONAL CENT ALIM HASTEWA= SERVICE AREA That portion of the unincorporated area bounded on the west by upper Sugarloaf Sound, on the east by Niles Channel, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 19 and 25.5) Monroe County, Florida All affected property owners have a right to appear and provide mput at the hearing and may file written objections with the County Administrator any time prior to the public meeting. A more specific deacriphon of the assessment program is set forth in the proposed initial Assent Resolution which can be viewed on the Monroe County website at hhM:r/fl- �gu�ly�plus.canlagegenter following publication of the June 20, 2012 BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll is scheduled to be available for inspection on June 21, 2012 at the County Administrator's office, located at The Historic Oato Cigar Factory, 1100 Simonton Street, Suite 2-205, Ivey 'West, Florida following adoption of the Initial AssewmW Resoh6m The assessments will be oollected an the ad valorem tar bill, as aird ormad by Section 197.3632, Florida Statutes. Faihrre to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The Board Wntjds to collect the asseasments in instollmom, the first of which will be included on the ad valorem tax bill to be wed in November 2012. 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 hearings and to file written objections with the County Admimistrator any time prior to the public hearings, or twenty days from this notice, whichever is longer. Pursuant to Section 286.0105, Florida Statures, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at the hearings, such person will need a record of the ptioceedings, and that, for such purpose, suuch parson may need to ensure that a verbatim record of the proceeding's is made: which record includes the testimony and evidence upon which the appeal is to be based. I;N ADA ASSLSTANCE. If you are a person with a disability who needs special accoin order to participate in this proceeding, pkaae contact die Comm[p Administ>ww's OffleG by phoning (395) 292,4441, between the bows of 8.30 ace. - 5:00 p.we., no later dime five (5) calendar days prior to the scbedukd nee ft, V�Pow are bearing or voice ixgm w4 call "711': Dated at Key West, Florida this (insert day) day of (insert Month), 2012. DANNY L. KGLHAGE, Clerk of the Circuit Court and ex officio Clark of the Hoard of County Commissioners of Monroe County, Florida (SEAL) bblicatIPA as ftin ad go border on The folloydne dates: Reporter Keynoter KW Citizen M. N APPENDIX C FORM OF MAYLED NOTICE C-1 Namcnift .-I- .9 wartawaater nett- 1l}2t}50 ONerseaS lFsglr�.ay Suite 2-223 Key Largo. FL 33037 vOwnerNameI* «OwnerNarna* 4K)w=Addi» «DwnerAdd2a *City* aStatew *Zip* *MUNTRY» Re: FORM of Notice of wastewater No &-Ad Vabrem Assessments Derr Property Qwnw Bond of CM0 QMajoinm Mayor David Rion Dist. 4 Mayor Pro Tam Kim W-Wq tan, DaL I George Neugmt, Dist- 2 Heather Caruthers, Dist. 3 Sylvia Murphy, Dist. 5 Segaeam Number. MW-o5eOhun)# Notice Dube: hme 21, 2012 Construction of the Cudjoe Regional Centraliaod Wastewater Trrsttnawaxt facility is scheduled to commence in the beginning of 2013 as required by the State Appropriation_ Property owners have the Option to pay the System Development Fee for those Services as one lump sum Prepayment) or in installments (wastewater Assessment) 5nsrced over twenty years and collected on the ad valorem tax bill as a non -ad valorem mot. Each air & fatuity dwelling unit bas been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-rcsidemfial properties is based on water consumption, The EDU Allocation for camn>acial property is calculated by using the highest throe month average water consumption and dividing it by the average monthly water consuimption for a residentW unit. If you feel that is a mistake on this notice, you need to request an EDU Allocation review. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations a 1.1 to the FKAA Marathon office by (insert date). Contact FKAA's Customer Service at (insert #) to obtain a wastewater Appeal fnxm, or download it from M!3M...f &A.com/forms.din or http://&a&com/fbnns.cfim The EDU Allocation for the above pared is: Parcel EDU: <<EDL>> The heap am System Development Fee for the above parcel is -NOBbser t talc: 5704xEDU>. It is anticipated that the Prepayment will be due by August 31, 2012, if you decide to prepay. Alternatively, a wastewater Assessment program has been set up to provide property owncas the option to pay the System Development Fee over 20 years on the property tax brill. No action is required on your Part to elect this option- The total aaaessmeat revenue to be generated induding the hnancins costa {if there are no prepayments.) over the entire 20 year period is approximately s . The County intends to include annual assessments on your ad valorem tan hill. Failure to pay your assessments will cause a tax cextLiicate to be issued against the property which may result in a Ims of title. The estimated Anneal wastewater Assessment for the above parcel Is: <M]linsert maul anal C-2 You we imvioed to attend a public hearing to adopt the Penal Assessmart Resolution scheduled for July 19, 2012 at 5:01 pm at the Harvey Government Carter 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resohrticm will be available in the agenda packet for the hearing, to be published at ham://fl-mow+oeco =.ciyiccplus,,com4gg}dacenter on July 6, 2012. All affected property owners have a right to appear at the hearing and to file written objections with the County Admiiatrator anytime prior to the public hearing. If you decide to appeal any decision made by the County Commission with respect to any ma#ber considered at the bearing, you will need a record of the proccedmgs 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 accordswx with the Americans with Disabilitiea Act, if you are a pesos with a disability who needs any or an interpreter to participate in this proceeding, contact the County Administrator at (305) 292- 441 at least 48 hours prior to the date of the bearing. Once corsbvction is complete and wastewater service becomes available, owners of properties with water service will be required to connect properties to the regu mal wastewater treatmant 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-mte systems, permitting and related fades to complete the connection will be detailed m the connection notice. The on - site casts described above are in addition to the System Development Fee. Contact FKAA at {insert #) with questions regarding the connection process. 103 MONROE COUNTY, FLORIDA CUDJOE REGIONAL CENTRALIZED OUTER ISLANDS WASTEWATER ASSESSMENT PROGRAM INITIAL ASSESSMENT RESOLUTION (INCLUDING PARCELS WITHIN THE CENTRAL SERVICE BOUNDARIES FROM LOWER SUGARLOAF AND RAMROD NORTH TO BIG PINE KEY) June 20, 2012 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS................................................................................... 2 SECTION 1.02. INTERPRETATION.......................................................................... 5 SECTION 1.03. GENERAL FINDINGS...................................................................... 5 ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED ..................... 6 SECTION 2.02. IMPOSITION OF ASSESSMENTS .................................................. 6 SECTION 2.03. PREPAYMENT AMOUNTS............................................................. 6 SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS .......................... 6 SECTION 2.05. PREPAYMENT OPTION.................................................................. 7 SECTION 2.06. MANDATORY PREPAYMENT...................................................... 7 SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION ...................... 8 ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL .................................. 8 SECTION 3.02. PUBLIC HEARING........................................................................... 8 SECTION 3.03. NOTICE BY PUBLICATION........................................................... 9 SECTION 3.04. NOTICE BY MAILING..................................................................... 9 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION........................................................... 9 SECTION 4.02. SEVERABILITY.............................................................................. 10 SECTION 4.03. EFFECTIVE DATE......................................................................... 10 TABLE ❑F APPENDICES APPENDIX A DESCRIPTION OF THE CUDJGE REGIONAL CENTRALIZED OUTER ISLANDS SERVICE AREA APPENDIX B PUBLIC HEARING NOTICE TO BE PUBLISHED APPENDIX C FORM OF MAILED NOTICE ii RESOLUTION NO.174 - 2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER SERVICE TO PROPERTIES; DESCRIBING THE SYSTEM DEVELOPMENT FEE, COLLECTION COSTS AND THE OTHER TERMS AND CONDITIONS OF THE NON -AD VALOREM ANNUAL WASTEWATER ASSESSMENTS; ESTABLISHING THE AMOUNT AND TERM OF THE ANNUAL WASTEWATER ASSESSMENT FOR EACH PARCEL OF PROPERTY TO BE ASSESSED; DIRECTING PREPARATION OF THE INITIAL NON -AD VALOREM ASSESSMENT ROLL; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED WASTEWATER ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: r ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Adjusted Prepayment Amount" means the remaining Prepayment Amount for each Tax Parcel computed by deducting (1) the portion of the system development fee paid by the property owner as Annual Wastewater Assessments from (2) the Prepayment Amount utilized to compute the annual Wastewater Assessment included on the Non -Ad Valorem Assessment Roll for such Tax Parcel. "Annual Wastewater Assessment" means the sum of the sum of (1) the Annual System Development Fee Payment, and (2) the Collection Cost for each Tax Parcel. "Collection Cost" means the amount computed each Fiscal Year for each Tax Parcel that shall be equal to (1) the Prepayment Amount for such Tax Parcel divided by the sum of the aggregate Prepayment Amount, multiplied by (2) the estimated cost to be incurred by the County during any Fiscal Year in connection with collection of the Wastewater Assessments, including staff administration time. "Board" means the Board of County Commissioners of Monroe County, Florida. "County" means Monroe County, a political subdivision of the State of Florida. 2 "County Administrator" means the chief administrative officer of the County, designated by the Board to be responsible for coordinating the Wastewater Assessments, or such person's designee. "Final Assessment Resolution" means the resolution described in Section 2.06 of the Ordinance, which shall confirm, modify or repeal this Resolution. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County, which shall be the final proceeding for the initial imposition of the annual wastewater assessment. "Initial Assessment Resolution" means the resolution described in Section 2.02 of the ordinance, which shall be the initial proceeding for identification of Collection Costs and for imposition of an Annual Wastewater Assessment. "Initial Prepayment" means payment of the system development fee without interest or other Connection Costs. "Improved Tax Parcel" means those privately owned properties in the service areas described in Appendix A which generate wastewater and therefore will be required to connect to the Cudj oe Regional Wastewater Centralized Treatment System. "Non -Ad Valorem Assessment Roll" means a non -ad valorem assessment roll, as defined in Section 197.3632(1)(e), Florida Statutes, approved by a Final Assessment 3 Resolution pursuant to Section 2.06 of the ordinance or an annual rate resolution pursuant to Section 2.08 of the ordinance. "Ordinance" means Ordinance No. 027-2003. "Prepayment Amount" means the amount required to prepay remaining balance of Wastewater Assessment for each Tax Parcel following certification of the Non -Ad Valorem Assessment Roll for the ad valorem tax bill to be mailed in November of each year. "Property Appraiser" means the Monroe County Property Appraiser. "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 $5,700 per EDU. "Tax Collector" means the Monroe County Tax Collector. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll described in Section 193.114(2), Florida Statutes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. 4 "Utility" means Florida Keys Aqueduct Authority. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Article VIII, Section I of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, grant to a board of county commissioners all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. (B) The Board has enacted the Ordinance to authorize the imposition of wastewater assessments to allow payment of the cost to provide wastewater service to be paid over a period of years using the Uniform Assessment Collection Act. (C) The availability of payment options that allow a property owner either to pay an Initial Prepayment of the System Development Fee or to pay the System Development Fee over a period of years as Annual Wastewater Assessments provides a 5 special benefit to property and encourages the property owner to pay the assessable amounts on a timely basis. (D) Since the System Development Fee and related costs are directly related to each specific parcel of property to be assessed, the wastewater assessment program provides an equitable method of funding the System Development Fee and related costs. ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED. Wastewater Assessments shall be imposed on improved, privately owned Tax Parcels in the centralized Cudjoe Regional Service Area. SECTION 2.02. IMPOSITION OF ASSESSMENTS. Wastewater Assessments shall be imposed for a period of 20 years. The first Annual Wastewater Assessment will be included on the ad valorem tax bill to be mailed in November 2013. When imposed, the wastewater assessment for each Fiscal Year shall constitute a Iien upon such Tax Parcels pursuant to the Ordinance. SECTION 2.03. PREPAYMENT AMOUNTS. In the initial year, the amount necessary to prepay the System Development Fee in full for each Tax Parcel shall be $5,700 per EDU. In each successive year, a Prepayment Amount for each Tax Parcel shall be computed annually. SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS. The Annual Wastewater Assessment shall be computed for each Tax Parcel as the sum of (1) 0 the Annual System Development Fee Payment, and (2) the Collection Cost. The Annual System Development Fee Payment is computed as the unpaid balance of the System Development Fee amortized together with interest up to 3% per annum, over the remaining term for such tax parcel. The interest rate applied will be determined based on the interest rate obtained by Monroe County to borrow funds to complete the projects. SECTION 2.05. PREPAYMENT OPTION. The owner of each Tax Parcel subject to the Wastewater Assessments shall be entitled to prepay all future unpaid Annual Wastewater Assessments upon payment of an amount equal to the sum of (1) the Annual Wastewater Assessment and (2) the Adjusted Prepayment Amount. The amount of all prepayments made pursuant to this Section 2.05 shall be final. SECTION 2.06. MANDATORY PREPAYMENT. The owner of a Tax Parcel subject to the Wastewater Assessment shall immediately prepay all future unpaid Annual Wastewater Assessments for such Tax Parcel if (1) the Tax Parcel is acquired by a public entity through condemnation or otherwise, or (2) a tax certificate has been issued and remains outstanding in respect of the Tax Parcel and the County, at its sole option, elects to accelerate the Wastewater Assessment. Failure by the property owner to comply with this Section 2.05, will result in the remaining Prepayment Amount (plus interest computed at the rate utilized to compute the Annual System Development Fee Payment) being placed on the Tax Parcel's ad valorem tax bill for the next Fiscal Year, in addition to its share of the Collection Cost and Statutory Discount. SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION. (A) Upon subdivision of any Tax Parcel subject to the Wastewater Assessment, and compliance with the conditions set forth below, the Prepayment Amount for such Tax Parcel shall be reallocated among the subdivided parcels as described in the Final Assessment Resolution. ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL. The County Administrator is hereby directed to prepare the preliminary Non -Ad Valorem Assessment Roll in the manner provided in the Ordinance. The preliminary Non -Ad Valorem Assessment Roll shall be maintained by the County Administrator and open to public inspection beginning June 21, 2012. The foregoing shall not be construed to require that the Non -Ad Valorem Assessment Roll be in printed form if the amount of the Wastewater Assessment for each Tax Parcel can be determined by use of a computer terminal available to the public. SECTION 3.02. PUBLIC HEARING. A public hearing will be conducted by the Board at 5:01 p.m., or as soon thereafter as the matter can be heard, on July 18, 2012, at the County Commission Chambers in the Harvey Government Center, 1200 Truman s Avenue, Key West, Florida, to consider (A) imposition of the Wastewater Assessments, and (B) collection of the Wastewater Assessments pursuant to the Uniform Assessment Collection Act. SECTION 3.03. NOTICE BY PUBLICATION. Upon completion of the Non -Ad Valorem Assessment Roll, the County Administrator shall publish a notice of the public hearing authorized by Section 3.02 hereof in the manner and the time provided in Section 2.05 of the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix B. SECTION 3.04. NOTICE BY MAILING. In addition to the notice provided in accordance with Section 3.03, above, at least 20 days prior to the public hearing, the County Administrator shall mail a notice of the public hearing to each person owning property subject to the assessment. Said notice shall be mailed by first-class mail, and shall include all of the information required by Section 197.3632(4)(b), Florida Statutes. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Wastewater Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of a Final Assessment Resolution confirming this Resolution and imposing the Wastewater Assessments, the Non -Ad Valorem Assessment Roll shall be certified to the Tax Collector pursuant to the Uniform Assessment Collection Act. 9 SECTION 4.02. SEVERABILITY. If any clause, section or provision of this Resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 201h day of June, 2012. Mayor David Rice Mayor Pro Tem Kim Wigington Commissioner George Neugent Commissioner Heather Carruthers `Cc ux issioner Sylvia Murphy (SEAL) Attest: DANNY L. KOLHAGE By: (7111� Deputy lerk Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: A)X� Mayor David ce a c rU.ZZ r: - C� � LV -- 10 �rl.! APPENDIX A DESCRIPTION OF THE CUDJOE REGIONAL CENTRALIZED OUTER ISLANDS WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Lower Sugarloaf Sound, on the east by Upper Sugarloaf Sound, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 16.6 and 19), and; That portion of the unincorporated area bounded on the west by Niles Channel, on the east by Big Spanish Channel and Bahia Honda Channel, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 25.5 and 35) Monroe County, Florida. A-1 APPENDIX B FORM OF NOTICE FOR PUBLIC HEARING TO CONSIDER ADOPTION OF FINAL ASSESSMENT RESOLUTION NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the Board of County Commissioners of Monroe County, Florida will hold a public hearing on July 18, 2012 beginning at 5:01 p.m. in the Harvey Government Center, 1200 Truman Avenue, Key West, FL 33040, to consider adoption of the: C'udjoe Regional Centralized Outer Islands Wastewater Assessment Program Final Assessment Resolution to impose and provide for collection of a special assessment on improved, privately owned properties located in the Centralized Cudjoe Regional Service Area (including .ower Sugarloaf and Ramrod north to Big Pine Key). Figure 1. below depicts the geographic, area subject to the assessment. Figure 1. Cudjm Ragjonal Wastewter Central Soundarlos curium Ranvod u um Sor EN Rne nmarore gaWf 01 9 K I I I ' I" UMM SU98400 10 P i LAW Totch %nvmfland LOOM i"now cudkoa centrai soom oule r CwMoa Centria$s*m N."I,NMI, ,r,r R, Ivw- B-1 DESCRIPTION OF SERVICE AREAS CUDJOE REGIONAL CENTRALIZED WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Lower Sugarloaf Sound, on the east by Upper Sugarloaf Sound, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 16.5 and 19) and that portion of the unincorporated area bounded on the west by Niles Channel, on the east by Big Spanish Channel and Bahia Honda Channel, on the north by Florida Bay, and on the south by Atlantic Ocean Monroe County, Florida. All affected property owners have a right to appear and provide input at the hearing and may file written objections with the County Administrator any time prior to the public meeting. A more specific description of the assessment program is set forth in the proposed Initial Assessment Resolution which can be viewed on the Monroe County website at http.,//fl- monroecounty.civicplus.comlaMndacenter following publication of the June 20, 2012 BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll is scheduled to be available for inspection on June 21, 2012 at the County Administrator's office, located at The Historic Gato Cigar Factory, 1100 Simonton Street, Suite 2-205, Key West, Florida following adoption of the Initial Assessment Resolution. The assessments will be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments 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 2012. 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 hearings and to file written objections with the County Administrator any time prior to the public hearings, or twenty days from 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 hearings, 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. IM 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 "71I ". Dated at Key West, Florida this (insert day) day of (insert Month), 2012. DANNY L. KCLHAGE, Clerk of the Circuit Court and ex ❑fficio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication as display ad with border on the following dates: Reporter Keynoter KW Citizen APPENDIX C FORM OF MAILED NOTICE C-1 Monroe County _Wastewater Dept. 102050 Overseas Highway Suite 2-223 Key Largo, FL 33037 OwnerName 1» «OwnerName2» <rOwnerAdd l n «OwnerAW2» «Cityn «Staten «Zip» <(COUNTRY>> Re: FORM of Notice of Wastewater Non -Ad Valorem Assessments Dear Property Owner: Board of County Commissioners Mayor David Rice, Dist. 4 Mayor Pro Tern Kim Wigington, Dist. 1 George Neugent, Dist. 2 Heather Carruthers, Dist. 3 Sylvia Murphy, Dist. 5 Sequence Number: MW-s<SegNumn Notice Date: Tune 21, 2012 Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in the beginning of 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. Each single family dwelling unit has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based on water consumption. The EDU Allocation for commercial 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. For this review, please subrnit a Wastewater EDU Appeals Form for EDU Allocations > 1.1 to the FKAA Marathon office by (insert date). Contact FKAA's Customer Service at (insert #) to obtain a Wastewater Appeal form, or download it from www.fkaa.com/forms.cfm or ht(p.//#kaa.comlforms_cf n. The EDU Allocation for the above parcel is: Parcel EDU: <<EDU» The lump sum System Development Fee for the above parcel is <MBinsert cafe: 5700xEDU>. It is anticipated that the Prepayment will be due by July 31, 2013, if you decide to prepay. Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the System Development Fee over 20 years beginning on the 2013 property tax bill. No action is required on your part to elect this option. The total assessment revenue to be generated including the financing costs (if there are no prepayments) over the entire 20 year period is approximately $ . The County intends to include annual assessments on your ad valorem tax bill. 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 Annual Wastewater Assessment for the above parcel is: <MBinsert max annuals C-2 You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for July 18, 2012 at 5:01 pm at the Harvey Government Center 1200 Trurnan Avenue, Key West, FL 33040. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at htt:Ilfl-monroecount .civi lus.comla endacenter on July 5, 2012. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator anytime 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 properties 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. Contact FKAA at (insert #) with questions regarding the connection process. C-3 Doe# 1898719 09/22/2012 9:28AM Filed d Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE t RESOLUTION NO. 197 -2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, 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. 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, pursuant to the provisions of the Ordinance, the County is required to confirm, modify, or repeal the Initial Assessment Resolution, with such amendments as the Board deems appropriate, after hearing comments and receiving objections of all interested parties; and WHEREAS, the Non -Ad Valorem Assessment Roll has heretofore been filed with the office of the County Administrator, as required by the Ordinance; and WHEREAS, as required by the terms of the Ordinance, notice of the public hearing held on the date hereof was published, a proof of publication being attached as Appendix A to this Resolution; and WHEREAS, as required by the terms of the Ordinance, notice of the public hearing held on the date hereof was mailed to each property owner that could connect to the wastewater system, an affidavit of mailing being attached as Appendix B hereto; and WHEREAS, a public hearing was held on the date hereof and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; Doc# 1898719 Bkq 2588 Pg# 739 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 this Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. SECTION 3. MODIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. (A) For purposes of clarification, the term "System Development Fee" contained in Section 1.01 in the Initial 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 "1 monthly water consumption ' for a residential unit. For the purposes of EDU �J Allocation, the average water consumption for a residential unit is 167 gallons/day. (B) As so modified, the Initial Assessment Resolution is hereby ratified and confirmed. SECTION 4. 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 5. 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 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 Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels 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 attached hereto as Appendix C. The initial Annual Wastewater Assessment will be included on the ad valorem tax bill to be mailed in November 2012. 2 Doca 1898719 Bkq 2588 P9N 740 f�(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 this Final 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 We 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 taxes 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 Annual Assessment Resolution and shall attach to the property included on the Assessment Roll upon adoption of the Annual Assessment Resolution. SECTION b. COLLECTION OF WASTEWATER ASSESSMENTS. The Wastewater Assessments shall be collected pursuant to the Uniform Assessment Collection JAct. 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 7. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial 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 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 Assessment Resolution. SECTION 8. 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. 3 Doca 1898719 Bkq 2588 Pg# 741 SECTION 9. 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 9 of this Final Assessment Resolution, any appeals for the 2012 tax bill must be filed by July 18, 2012 as described in the First Class Notice, a sample of which is provided in Appendix B. SECTION 10. 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 provide pursuant to Section 3.04 of the Initial Assessment Resolution, as amended herein. SECTION 1 i . EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 18th day of July, 2012. Mayor David Rice Mayor Pro Tem Kim Wigington Commissioner George Neugent Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) Attest: DANNY L. KOLHAGE, Clerk By Deputy Clerk "locp 1898719 tO 2588 P9#1 742 Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ..— , %� By : - MayoMhairperspn ;; _ Appendix A i Proof of Publication (to be inserted upon receipt from the newspapers) DOC# 1898719 BkV 2sa8 Pgn 743 A-1 iD "D KEYV.WEST STATE OF FLORIDA 7W@M*ef &Moo0,WDoWMNra�srWEst.IV* COUNTY OF MONROE- Cooke Communications, LLC Florida Keys Before the undersigned authority personally appeared Randy G. Erickson, Key Welk F.i box 1800 133041 Ke who on oath says that he is Vice -President of Operations of the Key West Office .... 305-292-7777 Citizen, a daily -newspaper published in Key West, in Monroe County, Extension ........ x219 Florida; that the attached copy of advertisement, being a legal notice in the Fax ....... 305-295-8025 matter of legals0keysnews,com INTERNET PUBLISHING kJ keysnewsom keysnews.com cc � �-31J Nd � f � �SX Ssm �!� �SC3 t U.h: S floridakeys.com r�.� f .�, /1�N�t` key-west.com Web Design Services was published in said newspaper in theissue(s) of NEWSPAPERS f i 1 U/j L a LJ l 3 l r U The Citizen Southernmost Flyer Solares Hill Affiant further says that the Key West Citizen is a newspaper published in Big Pine Free Press Marathon Free Press Key West, in said Monroe County, Florida and that the said newspaper has Islamorada Free Press heretofore been continuously published in said Monroe County, Florida every Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key MARKETING SERVICES West, in said Monroe County, Florida, for a period of 1 year next preceding Commercial Printing Citizen LocalsCardcopy 1� the first publication of the attached co of advertisement; and affiant further Direct Mail says that he has neither paid nor promised any person; firm or corporation any FLORIDA KEYS OFFICES discount, rebate, commission Or refund for the purpose of securing this Printing/ Main Facility advertisement for publication in the said newspaper. 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 citizenri keywest.com Signature of Affiant Internet Division 33040-3328 Tel 305-292-1880 ) Sworn and subscribed before me this day of k tU Fax 305-294-1699 72012 sales@keywest.com Upper Keys Office ptp�y r DAWN KAWZINSKY 91731 Overseas Hwy Notary Public: NOTARY PUBLIC Tavernier, FL 33070 _STATE OF FLORIDA Tel 305-853-7277 r Comm# EE157233 Fax 305-853 0556 4 n, ONCE 19�$ Expires 9f4/2016 freepress@floridakeys.com iJl/1J�j { Fi Dawn Kawzinsky Expires: 1/4/16 Notary Seal Personally Known x Produced. Identification Type of Identification Produced KEY9WESrSTATE OF FLORIDA COUNTY OF MONROE Cooke Communications, LLC 310 appeared Randy G. Erickson OR PUBLtC;NAFIINGpCON'�ER5perations of the Key West � e N ASSESS T RESDL ION -;t, in Monroe County, Natfci Is°HERi;YsGr FH TD WHO omr inners a€Mlioe! pC�rldabeing a legal notice in the ,- n IuI 18 2U 2 6e n 6 P: tha a r Key tillest; 3Q4R, cans er #r .D e: avern en n ar, ZUU � roman vedue k �� ,It' HEpDa;QCD 7YG Sl0F' a ,. 5iE AT p E11 C0 N ^s pl3S Q d,PpRtlV1liE N L A OCL 1 e for " e r n s7nal.. ssmaN �! S L9"NL S yt of },en is a newspaper published in rnd that the said newspaper has I Monroe County, Florida every 1 matter at the post office in Key period of .1 year next preceding 3vertisement; and affiant further person, firm or corporation any the purpose of securing this paper. _ , Signature of Affiant of ` Fi) I L� , 2012 �}RY DAWN KAWZINSKY t NOTARY PUBLIC ;STATE OF FLORIDA Comm# EE'157233 HCS 19�� Expires//412016 Notary Seal Type of (�Cltuit%r�.i�s... Appendix B Affidavit of Mailing B-I AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared ELIZABETH A WOOD, SANDI MELGAREJO and CHARITY MOORE who after being duly swom depose and say: 1 I, Elizabeth A. Wood, Senior Administrator, Sewer Projects for the Monroe County, Florida, ("County"), pursuant to the authority and direction received from the County Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing and publication of notices in accordance with Ordinance No. 027-2003 (the "Ordinance"), and in conformance with the Initial Assessment Resolution adopted by the County Commission on June 20, 2012, (the "Initial Assessment Resolution"). 2 Sandi Melgarejo, Project Coordinator for GSG. GSG has caused the notices required by the Ordinance 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 atthehearing 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 June 27, 2012, GSG delivered and directed the mailing of the above referenced notices by Modern Mailers, Inc. ("Modern Mailers"), in accordance with the Ordinance and 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 the levy and collection of ad valorem taxes. Notices to property owners receiving multiple individual notices were mailed, or caused to be mailed by GSG on or before June 27, 2012. 4 aao(i� is r r��J !df Modern Mailers. As directed t above, Modern Mail s, mailed or caused to be mailed on or b ore June 27, 2012, the above referenced notices delivered to Modern Mailers by GSG. FURTHER AFFIANTS SAYETH NAUGHT. A RV& Eliza oetA. Wood Afflant Sandi Melgarejo Affiant C� �'Y-\______ Affiant STATE OF FLORIDA COUNTY OF MONROE The foregoing Affidavit of Mailing was sworn to and subscribed before me this 73rkday of July 2012 by Elizabeth A. Wood, Senior Administrator; Sewer Projects for Monroe County, Florida. She is personally known to or who has produced as identification and did take an oath. �rPrirlrrrillrtrrriilr PlklPPrPirrrP.ralrrrra�rr DONNA J. HANSOM Comm# D00891641 Expires bU512013 'Kra Uii�°S. �1f1r1G: lv"ryllssn., Inc M [lE[Il ■P[}rrrr rt.........rarr.... 4 r l.- It Printed Name: -DONN, A H..R�J Notary Public, State of Florida At Large My Commission Expires Commission No.: t 9 l6 /// STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of July 20'i2 bv_5�_ M arejo, Project Coordinator, Government Services Group, tnc.,She is p,pr pally known to me or who has produced as identification and did take an oath. TAMIWYPETERS Commission# DD 92.1344 lrxpines August 31, 20i 8 R,,, 6sdea7huhcyFdnl�swtgl�7,EbS�7J1P STATE OF FLORIDA COUNTY OF LEON 6xft P'CtU1-'0- Printed Name: ��CmrlmPd'e� Notary Public, State of Florida At Large My Commission Expires Commission No.: -lbD �7,Q 13 The foregoing Affidavit of Mailing was sworrt-to and su scrlbed before me this ' day of July 2,012 by(J)"�Z. Ma`s , Yt''ryri O1an (Y- for Modern Mailers. He/ a is ers 11 Known to me • r who has produced as identification and did take an oath. AN TAMMY = PETER Printed Name: L1ztk, `e�krs _: Cmsort#OD 92i344 ,��Ex reAuSt31,2013 a Notary Public, State of Florida At Large My Commission Expires Commission No.:�) .) M1 Monronty Wastewater Dent. Wastewater De �f,-fie"^ ': -r' �•�. Board of County Commissioners 102050 Overseas Highway ,„. 3• I r 1 't i., Mayor David Rice, Dist: d Mayor Pro Tem Kim Wgington, Dist. 0 Suite 2-223 Key Largo, FL 33037 �� F y ��� George Neugent, Dist. 2 Heather Carruthers, Dist. 3 � Sylvia Murphy, Dist. 5 SUMMERLAND KEY FL 33042-4828 Sequence Number: MW-01-1500 Notice Date: June 27, 2012 Re: Notice of Wastewater Non -Ad Valorem Assessments (Inner Area) Dear Property Owner: Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in the beginning of 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. Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based onwater 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 an this notice, you need to request an EDU Allocation review. For this review, please submit a. Wastewater EDU Appeals Form fot EDU Allocations > 1.1 to the address printed at the top of this notice with a postmark of July 18, 2012. Contact Customer Service at 866-347-1897 to obtain a Wastewater Appeal form, or download it from ht1p:llwww.monroecounly-0_.aoy1forms.aspx. The EDU Allocation for the above parcel. is: 1..0 The lump sum System Development Fee is proposed at $5,700 per EDU, however, this amount may be reduced at the July 18, 2012 public hearing. The lump sum System Development Fee for the above parcel Is $5,700.00. It is anticipated that the Prepayment will be due by August 31. 2012, if you decide to prepay. 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 _ No action is required on your part to elect this option. 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. The County intends to include annual assessments on your ad valorem tax bill beginning November 2D12. Failure to pay your assessments will cause a tax certificate to be issued against theproperty which may result in a loss of title. The maximum Annual Wastewater Assessment is proposed at $538 per EDU; however, this amount may be reduced at the Jury 18, 2012 public hearing. The estimated Annual Wastewater Assessment for the above parcel is: $638.00 You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for July 18, 2012 at 5:01 p.m. at the Harvey Government Center, 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at http:llfl-monroecounty.ciyicolus.comlagendacenter on July 6.. 2012. 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 or 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 Customer Service at 866-347-1897 between the hours of 9:O0 a.m - wand 4:00 p.m. LIM Monroe Couniy .Wastewater Dept. A •�_��� ^ ."+� . 102050 Overseas Highway Suite 2-223 Key Largo, FL 33037 SUGARLOAF SHRS FL 33042-3711 Board of County Commissioners Mayor David Dice, Dist. 4 Mayor Pro Tern Kim Wigington, Dist, 1 George Neugent, Dist. 2 Heather Carruthers, Dist. 3 Sylvia Murphy, Dist. 5 Sequence Number: MW-02-1500 Notice. Date: June 27. 2012 Re: Notice of Wastewater Non -Ad Valorem Assessments (Outer Area) Dear Property Owner Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in the beginning of 2013 as required by the State Appropriation. Property owners have the option to pay the System Development tree 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. 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 consumpVon 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. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations > 1.1 to the address printed at the top of this notice with a postmark of July 18, 2012. Contact Customer Service at 866.347-1897 to obtain a Wastewater Appeal form, or download it from htlp:!lvrnw.monroecounty-fl.gov/forms:aspx. The EDU Allocation for the above parcel is: 1.0 he lump sum System Development Fee Is proposed at S6,700 per EDU, however, this amount may be reduced at the `'_ July 18, 2012 public beating. The lump sum System Development Fee for the above parcel is $6,700,00. It is anticipated that the Prepayment for the Outer Area will. be due between July through August 2013, if you decide to prepay. 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. No action is required on. your part to elect this option. 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, The County intends to include annual assessments on your ad valorem tax bill beginning November 2013. 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 $538 per EDU; however, this amount may be reduced at the July 18, 2012 public hearing. The estimated Annual Wastewater Assessment for the above parcel is: $638.00 You are inviled.to attend a public hearing to adapt the Final Assessment Resolution scheduled for July 18, 2012 at 5:01 p.m. at the Hanley Government Center, 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available g p g P -t: agendacenter an July 6. 2012, All En the agenda packet for the hearing, to be published at htt lift-monroecounty.civicplus.cam{,-._, 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 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. you have any questions about this notice you can contact Customer Service at 866-347-1897 between the hours of 9:00 a.m. l nd 4.-00 p.m. M MONROE­COUNTY 1DANNY L. KOLHAGE of Dven 2898718 8k# 2588 Pgq 683 ! D RESOLUTION NO. 198 -2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, 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. 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. 174-2012 (the "Initial, Assessment Resolution") relating to the provision of wastewater service to properties in the Cudjoe Regional Centralized Outer 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, pursuant to the provisions of the Ordinance, the County is required to confirm, modify, or repeal the Initial Assessment Resolution, with such amendments as the -Board-deems appropriate, after hearing comments and receiving objections_ of all interested parties; and WHEREAS, the Non -Ad Valorem Assessment Roll has heretofore been filed with the office of the County Administrator, as required by the Ordinance; and WHEREAS, as required by the terms of the Ordinance, notice of the public hearing held on the date hereof was published, a proof of publication being attached as Appendix A to this Resolution; and WHEREAS, as required by the terms of the Ordinance, notice of the public hearing held on the date hereof was mailed to each property owner that could connect to the wastewater system, an affidavit of mailing being attached as Appendix B hereto; and WHEREAS, a public hearing was held on the date hereof 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 COMMIISSIONERS 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 this Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. SECTION 3. MODIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. (A) For purposes of clarification, the term "System Development Fee" contained in Section 1.01 in the Initial 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 Properly 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. (B) As so modified, the Initial Assessment Resolution is hereby -ratified and-confirme - - SECTION 4. 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 5. 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 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 Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels 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 attached hereto as Appendix C. The initial Annual Wastewater Assessment will be included on the ad valorem tax bill to be mailed in November 2013. 2 Doc# 1898718 Bkq 2588 P9N 684 SECTION 9. 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. naroevvner The aReal Estate Parcelprocedure tached to challenge oas the Appendix D is hereby established treatment of the property for purposes of the assessments. (B) Notwithstanding Section 9 of this Final Assessment Resolution, any appeals for the tax bill must be filed by July 18, 2012 as described in the First Class Notice, a sample of which is provided in Appendix B. reby SECTION 10. PREPAYMENT NOTE to the owner of eachS. The County Real Estate Pnistrar Is arcel directed to provide notice by first c ma 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 provide pursuant to Section 3.04 of the Initial Assessment Resolution, as amended herein. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the i e day of July, 2012. Mayor David Rice Mayor Pro Tern Kim Wigington Commissioner George Neugent Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) Attest: DANNY L. KOLHAGE, Clerk By: Deputy Clerk Doc" 1898718 Bktt 2588 Pgu 686 Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA A % �o By: Mayor/Chaitpet 4 7 Doe# 1898718 Bk# 2588 Pg# 687 Appendix A Proof of Publication (to be inserted upon receipt from the newspapers) A-1 '� ®6 K8Y wEsr STATE OF FLORIDA - � I" RDA" vex COUNTY OF MONROE Cooke Communications, LLG Florida Keys EEO Box 1800 Before the undersigned authority personally appeared Randy G. Erickson, Key West F133041 who on oath says that he is Vice-President.of Operations of the Key West Office .... 305-292-7777 Citizen, a daily newspaper published in -Key West, in Monroe County, Extension........x219 Florida; that the attached copy of advertisement, being a legal notice in the Fax ....... 305-295.8025 matter of 1ecjals@k2ysnews.co.rn 1 1 1 , INTERNET PUBLISHING keywest.com keysnews.com floridakeys.com key-west.com Web Design Services NEWSPAPERS The Citizen Southernmost Flyer Solares. Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key Largo Free Press MARKETING SERVICES Commercial Printing Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing ! Main Facility 3420 Norlhside Drive Key West. FL 33040-1 t300 Tel 305 292-7777 Fax 305-294-0768 citizen est.com Internet. Division 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sates@keywest.com •ENq` Cu��tk� � S,( e- SS Al eAj h01 Uf l oA) - V L)4 -e-9 4:3 was published in said newspaper in the issue(s) of e- Z,7 4 Q) 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 person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Signature of giant Sworn and subscribed before me this day of II1 012 Upper Keys Office Overseas Hwy NotaryPublic: RY DAWN KAWZINSKY �r Taver, Tavernier, 70 � NOTARY PUBLIC 3- 27 Tel 305-853-7277 Fax 305-853-0556 freepress@fioridakeys.com _ STATE OF FLORIDA s Commit I_E157233 Expires 1/4/2016 Dawn Kawzinsky Expires: 1/•4/16 Notary Seal Personally Known x Produced Identification Type of Identification Produced T. WhSI STATE OF FLORIDA " E441Wa -.k.tZi1Tk—,."NROE �.�INA��AS��'��SSM�INT� CiES1,�L[1TiDN � . ., � �- '±eared Randy G. Erickson, �- �°_ ,. � � � ,ram wx.� r�, !{©iIC1rJS H ES :GI . iq ]N OM M Y CO CERH 1 at a Boarp of Caunomnus o roe Coe ty F o ail �nrill i old a c �n IY s; begi' ng ,5-ni n�rn ; {h Harve Governs F enaer�tzgn=rum ve i ek; _)perations of the Key West Keyufgst, F 33 n o on d p o a fh' o to gT my Resod t�Eon' r 4 ��z F i .1 'st, In Monroe County, LNG � r P ©i a s ATE! Joslc ANNU l nAT a �� : being a legal notice in the ,,,;,. ; �PPE�,, ! G „ �E NO_a ALORE ; �SSESS�uf"Er+!_i,��fiQLL .rPAQVIQ[ G;FO�i� 1;QLL�CTION OE�'THE �. 1!X tibli rr �o h er n FlfA sIfoc rovld` xcn e' i©1Ff acif assessment nra�oe o e ec I°eC�q aEzed uo gg os 1 § + e[1ce Areal _ (mcltlding La er u d I2m:n $ g sn ! Ure,lBelt�w dep6� pogra €e ea ah 10 he ssess e�i �frc.. is a newspaper published in that the said newspaper has ,onroe County, Florida every fitter at the post office in Key iod of 1 year next preceding rtisement; and affiant further rson, firm or corporation any e purpose of securing this er. Signature of giant of ��V_� , 2012 -%ARy4 DAWN KAWZINSKY n g, NOTARY PUBLIC c STATE OF FLORMA _' Comm# EE157233 sWE141% Expires 1/4/201$ C'tsS��dn rs ]it �eF',�ara r'�?:c4 : Notary Seal 2ot2 sne: LH� aaYziswestCa�z�n :=� * s'?atA`? i�i �Y rt. $> Personally Known x Produced Identification Type of Identification Produced I ID m Appendix B Affidavit of Mailing RE �.� AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared ELIZABETH A WOOD, SANDI MELGAREJO and CHARITY MOORE who after being duly sworn depose and say: 1. 1, Elizabeth A. Wood, Senior Administrator, Sewer Projects for the Monroe County, Florida, ("County"), pursuant to the authority and direction received from the County Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing and publication of notices in accordance with Ordinance No. 027-2003 (the "Ordinance"), and in conformance with the Initial Assessment Resolution adopted by the County Commission on June 20, 2012, (the "Initial Assessment Resolution"). 2 Sandi Melgarejo, Project Coordinator for GSG.. GSG has caused the notices required by the Ordinance 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 June 27, 2012, GSG delivered and directed the mailing of the above referenced. notices by Modern Mailers, Inc. ("Modern Mailers"), in accordance with the Ordinance and 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 the -levy and collection of ad valorem taxes. Notices to property owners receiving multiple individual notices were mailed, or caused to be mailed by GSG on or before June 27, 2012. KIN �D 4 Cif �'�� is ��� e of re Modern Mailers. As directed above, Modern Mail s, mailed or caused to be mailed on o, bbJune 27, 2012, the above referenced notices delivered to Modern Mailers by GSG.. FURTHER AFFIANTS SAYETH NAUGHT. Eliza (et A. Wood Afflant Sandi MelgareJo Affiant. 1AAel",�N1 N\&00Ye. Affiant STATE OF FLORIDA COUNTY OF MONROE The foregoing Affidavit of Mal ling was sworn to and subscribed before me this !r�day of July 2012 by Elizabeth Wo d, Senior Administrator, Sewer Projects for Monroe County, Florida. She is personally known to m- w who has produced as identification and did take an oath. DONNA J.H'ANSON uuir� '�'z Comm# DOOS91641 Expires 6125/2013 xp :. p `LFri .� �IUrfG. "r aryAssn.. inc 's ia[.Z►�L'ro'iea��.......... A.. {a.ra.... Fa.a.i{.r " 9. Printed Name: -?C NJZ A ' Notary Public, State of Florida At Large ] My Commission Expires Sl�l Commission No.; D D 0 F9 %b Z1✓_ STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of July 2012 b S di Melgarejo, Project Coordinator, Government Services Group, Inc..She is p pally known to me or who has produced as identification and did take an oath. ss'xh: T,4MMYPETERS *• ei Commission # DD 921344 i=xpiresAugust 31, 2013 N i ' 5-"W7ixurnyFq,k­�sMjP r I �'As% P-Ctu�w_ Pdti�s Printed Name:ISJylft Notary Public, State of Florida At Large My Commission Expires Commission No.: A')D 9A /3 STATE OF FLORIDA COUNTY OF LEON The foregoing , pidavit of Mailing was sworAond su scribed before me this day of July 1 by , sul !2n nt�i�1�C: "`_ for Modern Mailers. He," a is ers I knawn to me r who has produced as identification and did take an oath. if A s TAMMY PETERS •- EommisskM #.DD 921,W qs Expires Augus! 3 i 2013 ...8�n�ed7lwimyFi�Fi�eA043�T019 P.M, Printed Name: Gt.lir�)Id �e s Notary Public, State of Florida At Large My Commission Expires Commission No. 1?D Monroe Count Wastewater Dept. - 102050 Overseas Highway Suite 2-223 Key Largo, FL 33037 Board of Coun!y Commissioners Mayor David Rice, Dist. 4 list' ` �.a Mayor Pro Tem Kim Wigington, Dist. 1 y�F f George Neugent, Dist. 2 �,- Heather Carruthers, Dist. 3 Sylvia Murphy, Dist. 5 SUMMERLAND KEY FL 33042-4828 Sequence Number: MW-D1-1500 Notice Date: June 27, 2012 Re: Notice of Wastewater Non -Ad Valorem Assessments (Inner Area) Dear Property Owner: Construction of the Cudjoe Regional. Centralized Wastewater Treatment facility is scheduled to commence in the beginning of 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. 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. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations > 1.1 to the address printed at the top of this notice with a postmark of July 18, 2012. Contact Customer Service at 866-347-1897 to obtain a Wastewater Appeal form, or download it from €http:llwww.rhonroecounty-fl.clovlforms.aspx. The EDU Allocation for the above parcel IS: 1,0 The lump sum System Development Fee is proposed at $5,700 per EDU, however, this amount may be reduced at the �J July 18, 2012 public hearing. The lump sum System Development Fee for the above parcel is $5,700.00. It is anticipated that the Prepayment will be due by August 31, 2012, if you decide to prepay. 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 tag bill- No action -is required on your part -to elect this option. 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. The County intends to include annual assessments on your ad valorem tax bill beginning November 2012. 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 $538 per EDU; however, this amount may be reduced at the July 18, .2012 public hearing. The estimated Annual Wastewater Assessment for the above parcel is: $538.00 You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for July 18. 2012 at 5.01 p.m. at the Harvey Government Center, 1200 Tniman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at http://fl-monroecounty,civioplus.comlaciendacenter on July 6. 2012. 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 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 Customer Service at 866-347-1897 between the hours of 9:00 a.m. and 4:00 p.m. Monroe County Wastewater Dept. Wast 0 Overseas Highway Suite 2-223 Key Largo, FL 33037 SUGARLOAF SHRS FL 33042-3711 Board of County Commissioners Mayor David Rice, Dist. 4 Mayor Pro Tem Kim Wigington, Dist. 1 George Neugent, Dist. 2 Heather Carruthers, Dist.. 3 Sylvia Murphy. Dist. 5 Sequence Number: MW-02-1500 Notice Date: June 27, 2012 Re: Notice of Wastewater Non -Ad Valorem Assessments (Outer Area) Dear Property Owner. Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in the beginning of 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. 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. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations > 1.1 to the address printed at the top of this notice with a postmark of July 18, 2012. Contact Customer Service at 866-347-1897 to obtain a Wastewater Appeal form, or download it from htto:f/wwrv.monroecounty-fl.goviforms.asox. The EDU Allocation for the above parcel is: 1.0 The lump sum System Development Fee Is proposed at $5,700 per EDU; however, this amount may be reduced at the ` July 18, 2012 public hearing. The lump sum System Development Fee for the above parcel is $5,700,00, It is. anticipated that the Prepayment for the Outer Area will be due between July through August 2013, if you decide to prepay. 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. No action is required on your part to elect this option. 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 approximatelyS89.5 million. The County intends to include annual assessments an your ad valorem tax bill beginning November 2013. 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 $538 per EDU; however, this amount may be reduced at the July 18, 2012 public hearing. The estimated Annual Wastewater Assessment for the above parcel is: $538.00 You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for July 18, 2012. at 5:.01 p.m. at the Harvey Government Center, 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at htt :11fl-monroecount .civic l us.com/aciendacenter on July 6. 2012. 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 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 Customer Service at 866-3.47-1897 between the hours of 9:00 a.m. and 4:00 p.m. M.