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Resolution 033-2019 RESOLUTION NO. 033 - 2019 A RESOLUTION OF MONROE COUNTY, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE COUNTY FOR A CANAL RESTORATION PROJECT ON CANAL 266; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 18, 2017, Monroe County Board of County Commissioners ("BOCC") adopted Ordinance No. 021-2017, creating a Monroe County Canals Municipal Service Benefit Unit ("MCBU"), allowing for the future financing of improvements in a canal restoration program through the collection of non-ad valorem special assessments; and WHEREAS, Monroe County (the "County") is contemplating the imposition of special assessments to generate the funds necessary for the costs of replacement of an air curtain and operations and maintenance of the air curtain on Canal 266, Doctor's Arm, for the geographic area shown on Exhibit A; and WHEREAS, the County intends to use the uniform method for the levy and collection of non-ad valorem special assessments, as authorized by section 197.3632, Florida Statutes, because this method will allow such special assessments to be collected annually commencing in November 2019; WHEREAS, use of the uniform method provides a benefit to the property owners who are paying the cost of the canal restoration, in that it allows the property owners to amortize the costs and pay a portion on each year's tax bill; and WHEREAS, any local government that is authorized to impose a non-ad valorem special assessment and which elects to use the uniform method for the first time as authorized by F.S. 197.3632 shall adopt a resolution clearly stating its intent to use the uniform method to collect such special assessment by January 1 of the year preceding the tax year in which the special assessment will be collected, or, if the Property Appraiser and Tax Collector agree,then by March 1 preceding the tax year in which the special assessment will be collected; WHEREAS, the Property Appraiser and Tax Collector have consented to adoption of this resolution after January 1, as evidenced by the letters attached hereto collectively as Exhibit B; and WHEREAS, adoption of the "notice of intent" resolution will be followed by adoption of an initial assessment resolution and final assessment resolution, later in the Spring; and WHEREAS, the County held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit C. NOW, THEREFORE BE IT RESOLVED: 1. Commencing with the Fiscal Year beginning on October 1, 2019, and with the tax statement mailed for such Fiscal Year and continuing thereafter until discontinued by the County, the County intends to use the uniform method of collecting non-ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing canal restoration on certain properties located on Canal 266, Doctor's Arm. Such non-ad valorem assessments shall be levied within the County. A legal 1 description of such area subject to the assessment is attached hereto as Exhibit A and incorporated by reference. 2. The County hereby determines that the levy of the assessments is needed to fund the capital cost and the cost of operations and maintenance for the canal restoration projects performed on Canal 266. 3. Upon adoption, the County Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Monroe County Tax Collector, and the Monroe County Property Appraiser by no later than March 1, 2019. 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 23rd day of January 2019. Mayor Sylvia Murphy Yes Mayor Pro Tern Danny Kolhage Yes Commissioner Heather Carruthers Yes Commissioner David Rice Yes rF'Y'?,. --,cccc v.< Commissioner Michelle Coldiron Yes `fltest K �/f MADOK, CLERK BOARD OF COUNTY COMMISSIONERS �_ Y===. x' u OF MONROE COUNTY, FLORIDA G7 ks A ..;1644...... 'w..R'By By: / Deputy Clerk Mayor cv. ' ca C o CO ,_ c= — r_-::w.:. �= C7 N i (-) J Qa J"= _ O `r MONROE COUNTY ATTORN Y APeNyED AS TVO Date: I "oC IS_a 01 2 Exhibit A -- Legal Description of Areas Canal 266 BIG PINE KEY AREA That portion of the unincorporated area of Monroe County bounded on the west by Pine Channel, on the east by Bogie Channel, on the north by the Florida Bay, on the south by Atlantic Ocean, on the Southeast by Spanish Harbor, and on the Southwest by Newfound Harbor Channel, all in Monroe County, Florida. Canal 266 is located within the Doctor's Arm subdivision of Big Pine Key. Canal 266 is located between Witters Lane and Bailey Lane, east of Matthews Road. cell/ ti 1,4411. , • fe *- Jt tO0 '' g.. _ _r -•x' • s Legend;44 Ca Z55 war 30800 F . M1 3 Exhibit B — Letters from Property Appraiser and Tax Collector (to be inserted upon receipt) 4 MONROE COUNTY TAX COLLECTOR 1200 Truman Ave.., Key West, FL 33040 Phone: (305)295-5000 Fax: (305)295-5020 /.,y „f ..._.__..., Thursday, December 20, 2018 MONROE COUNTY TAX COLLECTOR'S CONSENT TO EXTENSION OF TIME This Consent of Extension of time is given as of December 20, 2018 by the Monroe County Tax Collector (Tax Collector), to the Monroe County Board of County Commissioners (BOCC). WHEREAS, the Board of County Commissioners desires to collect non-ad valorem assessments for the cost of providing canal restoration services, beginning with Fiscal Year 2019-2020; WHEREAS, the BOCC must adopt a resolution of intent under Chapter 197, Florida Statutes in order to collect said assessment on the Tax Collector's tax bill under the Uniform Method of Collection; WHEREAS, the BOCC would like an extension beyond January 1, 2019 to March I, 2019 by which to adopt the resolution of intent; and WHEREAS, the BOCC seeks the consent of the Property Appraiser and Tax Collector for such extension of time. NOW THEREFORE, the Tax Collector hereby consents, pursuant to section 197.3632(3)(a), Florida Statutes, to the BOCC's holding of a public hearing prior to March 1, 2019 to consider the adoption of a resolution of the providing notice of its intent to use the section 197.3632, Florida Statutes, non-ad valorem method of collection assessments to fund the BOCC's cost of providing canal restoration services beginning with Fiscal Year 2019-2020, and furthermore agrees that the BOCC may send a copy of the resolution once adopted by mail on or before March 10, 2019. /_____au,..i2-4,4,fri ‘ Hon. Danise D. Henriquez,iez, C C� F Monroe County Tax Collector , i I/ MONROE COUNTY) COUNTY S t P. Russell, CFA PROPERTY APPRAISER---- . . MONROECOU PROPERTY PO BOX 1176 KEY WEST,FLORIDA 33041-1176 1NWW.MCPAFl..ORG Monday, January 14, 2019 MONROE COUNTY PROPERTY APPRAISER'S CONSENT TO EXTENSION OF TIME This Consent of Extension of time is given as of January 14, 2019 by the Monroe County Property Appraiser,to the Monroe County Board of County Commissioners. WHEREAS, the Board of County Commissioners desires to collect non-ad valorem assessments for the cost of providing canal restoration services, beginning with Fiscal Year 2019-2020: WHEREAS, the Board of County Commissioners must adopt a resolution of intent under Chapter 197, Florida Statues in order to collect said assessment on the Tax Collector's tax bill under the Uniform Method of Collection; WHEREAS, the Board of County Commissioners would like an extension beyond January 1, 2019 to March 1, 2019 by which to adopt the resolution of intent; and WHEREAS, the Board of County Commissioners seeks the consent of the Property Appraiser and Tax Collector for such extension of time. NOW THERFORE, the Monroe County Property Appraiser hereby consents, pursuant to section 197.3632(3)(a), Florida Statues, to the Board of County Commissioners holding of a public hearing prior to March 1, 2019 to consider the adoption of a resolution of the providing notice of its intent to use the section 197.3632, Florida Statues, non-ad valorem method of collection assessments to fund the Board of County Commissioners cost of providing canal restoration services beginning with Fiscal Year 2019-2020, and furthermore agrees that the Board of County Commissioners may send a copy of the resolution once adopted b mail on or before March 10,2019. ( 1 I L 1Hon. Scott P. Russell, FA Monroe County Property Appraiser Key West Marathon Plantation Key County Courthouse Marathon Government Center Plantation Government Center 500 Whitehead St. 2798 Overseas Hwy, Ste. 310 88700 Overseas Hwy. (305)292-3420 (305)289-2550 (305)852-7130 (305)292-3431 (Fax) (305)289-2555(Fax) (305)852-7131(Fax) Exhibit C — Proof of Publication (Insert Proof of Publication) 5 T . KI `:''WEST lir The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P (305)292-7777 ext 219 F (305)295-8025 tegafs@keysnews corn MONROE CO ADMIN/BOCC THE HISTORIC GATO BUILDING 1100 SIMONTON ST SUITE 2-205 KEY WEST FL 33040 BOARD OF cOu>;. . ,,,..uSStotERS Account: 143331 Ticket «.. Mayor J.Mutp"Y'° tete C:4t:,44 x Monroe ,A ►nav«Pro Tern Danny t....,.,. , e, I h e I lorida Keys ri Michelle Cicietwon.Deatcct 2 Heather Carruthers.District a David Rice,District; STATE OF FLORIDA NOTICE OF INTENT TO USE UNIFORM METHOD COUNTY OF MONROE OF COLLECTING NON-AD VALOREM ASSESSMENTS Before the undersigned6 hority personally appeared (Canal Restoration Project) / The Board of County Commissioners of Monroe County,Florida rthe County'"I hereby provides notice,pursuant to Section 197.3632(3 ,� �,! who o n oaths Florida Statutes of its intent to use the uniform method of collecting non-ad valorem special assessments.for the cost at providing capital constniction,operations and maintenance,to be levied within a portion of the unincorporated area of Monroe County encompassing ' properties on either side of Canal 266 on Doctor's Arm.Big Pine Key,Florida.fur the fiscal year beginning on October 1,2019 and t/t/ of the Key Wes continum each year until discontinued by the County.Canal 266 runs between Waters Lane and Bailey Lane.east of Matthews Road,on Big Pine Key The County wit consider the adoption of a resolufbn electing to use the uniform method of collecting such assessment, newspaper published in Kely.JlVest, in Monroe County, Flon at a public nearing to be neie at 3'00 p.m on January 23,2019 the Commission Chambers,Marathon Gov center end Flour,EOC 2798 copy of advertisment,being a legal notice in the matter of Overseas highway,Marathon.FL 33050 Such resolution will state the need for the levy and wit contain a legal description of the boundaries of the real property subject to the levy.All interested persons are invited to attend. newspaper in the issues of Wednesday. December 26,2018 Wednesday,January 2,2019 Wednesday,January 9,2019 t7; Wednesday.January 16,2019 Pursuant to section 286.0105.Florida Statutes,notice a given that if a person decides to appeal any decision made by the board wit respect to any matter considered at such hearings or meetings,he will need a record of the proceedings,and that,for such purpose.he Affiant further says that the Key West Citizen is a newspap may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which West, in said Monroe County. Florida and that the said new the Weal istobe Wed . fore been continuously published in said Monroe County F ADA TS1 E-tf you area person with a drsatalay who needs special accommodation in order to parfrciiate in etrsmproceeding has been entered as periodicals matter at the post office in please contact the County Administrator's Office,sy phoning( 15)292-4441.between the hours of0:30am—5:00p.m.,rtotaterthan Monroe County. Florida,for a period of 1 year next precedi five(5)catenciar days prior to the scheduled meeting,it you are hearing or voice impaired.call"711' of the attached copy of advertisement and affiant further si neitherpaid norpromised anyperson,firm or corporation a Dated at Kuywest,Florida this 2tnndayuf December 2019. P Nevin Maddc,Clerk commission or refund for the purpose of securing this advei and exoftfcioCierkof the Board o€County tion in the sa newspaper. ram, r ve.za,ea, a.a, a,aors rurwasrc:� commissioners ofMaruoeCounty,Florida (Sig of Afffan A ed a subs fore me this h day of January 2019 (Not lic •and e) L-1 I/ (Notary Public rinted Name) (Notary Seal) �a My commission expires t9"0- 0,J Suelynn Stamper Personally Known X Produced Identification_ S▪ . =-COMMISSION#GG232802 • .:.- EXPIRES.June 27,2022 Type of Identification Produced °iirrnipF�tty `� g�ded Tttfu Aaron 14otary cooRr \1 ac)fr ...'° Kevin Madok, CPA ��•5J,4 C`rOLf••�g1!0. ••A Clerk of the Circuit Court&Comptroller—Monroe County, Florida 1�1~R�E COUN- January 29, 2019 State of Florida Florida Department of Revenue 5050«W Tennessee Street Tallahassee, FL 32399 To Whom It May Concern: Attached is a copy of Resolution No. 033-2019 electing to use the uniform method of collecting non-ad valorem special assessments levied within the County for a Canal Restoration Project on Canal 266; stating a need for such levy; providing for the mailing of this Resolution; and providing for an effective date. This Resolution was adopted by the Monroe County Board of County Commissioners, at a regular meeting held in formal session, on January 23, 2019. Please file for the record. Should you have any questions, please feel free to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA Clerk of the Circuit Court& Comptroller& ex-officio to the Monroe County Board of County Commissioners By: Pamela G. Hancock, D.C. cc: Monroe County Property Appraiser Monroe County Tax Collector File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145