Item P5 P.5
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
April 17, 2019
Agenda Item Number: P.5
Agenda Item Summary #5369
BULK ITEM: No DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
Not applicable -- 3 pm public hearing
AGENDA ITEM WORDING: A public hearing to consider adoption of an Initial Assessment
Resolution for Monroe County, Florida, to collect special assessments within the Monroe County
Canals Municipal Services Benefit Unit (MSBU) to collect funds to pay for ongoing operation and
maintenance (O&M) costs for existing canal water quality restoration projects on Canal 266 on Big
Pine Key; stating a need for such levy; setting a public hearing for adoption of a Final Assessment
Resolution (FAR); providing for mailed and published notice of the public hearing on the FAR; and
providing for an effective date.
ITEM BACKGROUND: The Monroe County Board of County Commissioners has previously
approved restoration work totaling approximately $7 million to improve the water quality on the
following seven (7) canals as part of a pilot program to test the efficacy of the technologies: canals
29 (Key Largo); 83 (Rock Harbor); 266, 277, 287 and 290 (Big Pine Key); and 470/472 (Geiger
Key). The objective of the pilot program was to test the efficacy of four different types of
technologies (or combinations thereof) on the canals (backfilling, organic removal, air curtains, and
culverts) and use the improved canals as a predictor for the cost and water quality gains to be
achieved. This Initial Assessment Resolution addresses one of the canals: Canal 266 on Big Pine
Key. An air curtain was placed on Canal 266 but was destroyed by Hurricane Irma. The County is
preparing to solicit for a replacement air curtain. The air curtain will require future operations and
maintenance work. Without future operations and maintenance work, any gains accomplished by
the restoration work will slide backwards and be lost, the full value of the restoration work will not
be realized, and it will be impossible to measure the gains of the restoration work.
The property owners on the canals where work was performed have already and will continue to
realize benefits as a result of the restoration work, including but not limited to gains in overall
appearance of their property, increase in property values, and improved use of the canals for fishing,
swimming and other recreational uses. It is therefore appropriate for the County to collect funds to
cover the cost of O&M from the property owners who realize the special benefits of the restoration
work in the form of special assessments, provided the cost is distributed so that they are fairly and
reasonably apportioned to the subject properties.
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The County is authorized under Section 125.01(1)(q) to establish municipal service benefit units
within all or any part of the unincorporated county, within which may be provided essential facilities
from funds derived from special assessments on the properties located within the municipal service
benefit unit (MSBU). Canal restoration work falls within the definition of"other essential facilities
and municipal services." In October 2017, the BOCC adopted Ordinance No. 021-2017 (the
"Ordinance"). The Ordinance created and established the Monroe County Canals Municipal Service
Benefit Unit (MSBU). The Ordinance also provided that the County could collect special
assessments to pay for operations and maintenance costs, as well as capital costs, and that the costs
of administration of the special assessment program could be paid for from the special assessments.
In January 2019, the BOCC adopted a resolution indicating notice of intent to collect special
assessments for the canal restoration program on Canal 266 beginning in October 2019.
If approved, this Initial Assessment Resolution is the first step toward a special assessment program
to collect special assessments from properties abutting Canal 266 in order to pay for the O&M work
on the canal. A Final Assessment Resolution will also be presented to the BOCC for approval in a
public hearing (currently the target date is the July 17, 2019 meeting). The details of the amounts of
the assessments and the properties on which the assessments would be levied are laid out in this
Initial Assessment Resolution.
PREVIOUS RELEVANT BOCC ACTION:
10/18/2017: BOCC adoption of Monroe County Ordinance No. 021-2017, creating and establishing
the Municipal Service Benefit Unit (MSBU) and authorizing the levy and collection of special
assessments for canal restoration projects.
1/23/2019: BOCC adoption of Resolution No. 033-2019, providing notice of intent to use uniform
method of collecting non-ad valorem special assessments beginning in October 2019.
CONTRACT/AGREEMENT CHANGES:
Not applicable
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Initial Assessment Resolution for Canal 266 MSBU April 2019
Ordinance 0212017 creation MSBU canal restoration
Resolution 033-2019 for Canal 266 MSBU
FINANCIAL IMPACT:
Effective Date: April 17, 2019 Expiration Date: April 16, 2037
Total Dollar Value of Contract: N/A
Total Cost to County: Current Year Portion: N/A
Budgeted: N/A Source of Funds:
CPI: N/A Indirect Costs: N/A
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Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount:
Grant: N/A County Match: N/A
Insurance Required: N/A Additional Details:
REVIEWED BY:
Rhonda Haag Completed 03/28/2019 8:57 PM
Cynthia Hall Completed 03/28/2019 9:02 PM
Budget and Finance Completed 04/01/2019 3:05 PM
Maria Slavik Completed 04/01/2019 4:50 PM
Kathy Peters Completed 04/01/2019 4:56 PM
Board of County Commissioners Pending 04/17/2019 9:00 AM
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MONROE COUNTY, FLORIDA
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MONROE COUNTY CANAL RESTORATION
OPERATIONS AND MAINTENANCE SERVICES
ASSESSMENT PROGRAM 00
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INITIAL ASSESSMENT RESOLUTION
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CANAL 266
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ADOPTED APRIL 17, 2019 U)
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TABLE OF CONTENTS _
PAGE
ARTICLE I
AUTHORITY, DEFINITIONS AND LEGISLATIVE FINDINGS 0
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SECTION 1.01. AUTHORITY..................................................................................3
SECTION 1.02. DEFINITIONS................................................................................4 E
SECTION 1.03. INTERPRETATION.......................................................................7 U)
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SECTION 1.04. FINDINGS ......................................................................................7 U)
ARTICLE II
NOTICE AND PUBLIC HEARING
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SECTION 2.01. PUBLIC HEARING........................................................................9 g
SECTION 2.02. NOTICE BY PUBLICATION........................................................9
SECTION 2.03. NOTICE BY MAIL ........................................................................9
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ARTICLE III
PROPOSED ASSESSMENT AREAS
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SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREAS......... 10 .2
ARTICLE IV
MAINTENANCE ASSESSMENTS
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SECTION 4.01. ESTIMATED MAINTENANCE COST....................................... 10
SECTION 4.02. IMPOSITION OF MAINTENANCE ASSESSMENTS............... 11
SECTION 4.03. COMPUTATION OF MAINTENANCE ASSESSMENTS......... 11
SECTION 4.04. MAINTENANCE ASSESSMENT ROLL.................................... 12
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ARTICLE V
GENERAL PROVISIONS
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SECTION 5.01. METHOD OF COLLECTION...................................................... 12 r—
SECTION 5.02. SEVERABILITY.......................................................................... 12 2
SECTION 5.03. CONFLICTS ................................................................................. 12
SECTION 5.04. EFFECTIVE DATE...................................................................... 12
APPENDICES: U)
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APPENDIX A: FORM OF NOTICE TO BE MAILED......................................... 13
APPENDIX B: FORM OF NOTICE TO BE PUBLISHED .................................. 15
APPENDIX C: LEGAL DESCRIPTION OF PARCELS
BY ASSESSMENT AREA........................................................... 17
APPENDIX D: LIST OF PARCELS BY ASSESSMENT AREA......................... 19
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MONROE COUNTY, FLORIDA _
RESOLUTION NO. - 2019
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A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RELATING TO THE CANAL RESTORATION PROGRAM; E
IMPOSING ANNUAL MAINTENANCE ASSESSMENTS U)
FOR PROPERTIES LOCATED WITHIN THE MONROE a)
COUNTY CANAL 266 MUNICIPAL SERVICE BENEFIT
UNIT; ESTABLISHING LEGISLATIVE FINDINGS
DETERMINING THAT SUCH REAL PROPERTY WILL
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DERIVE A SPECIAL BENEFIT FROM THE CANAL c
RESTORATION ACTIVITIES AND THE ONGOING
OPERATIONS AND MAINTENANCE THEREOF AND c
THE REASONABLE APPORTIONMENT OF THE
ASSESSMENT; ESTABLISHING THE TERMS AND 0
CONDITIONS OF THE PROPOSED SPECIAL
ASSESSMENT, INCLUDING ADMINISTRATIVE AND
COLLECTION COSTS; ESTABLISHING THE AMOUNT
AND TERM OF THE ANNUAL CANAL OPERATIONS
AND OPERATION ASSESSMENT FOR EACH LOT OF
PROPERTY TO BE ASSESSED BASED ON THE
METHODOLOGY SET FORTH HEREIN; DIRECTING
PREPARATION OF THE ASSESSMENT ROLL; C14
AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,AS FOLLOWS:
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ARTICLE I
AUTHORITY, DEFINITIONS, LEGISLATIVE FINDINGS
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SECTION 1.01. AUTHORITY. This resolution is adopted pursuant to the
provisions of Article VIII, Section 1 of the Florida Constitution; Sections 125.01 and
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125.66 of Florida Statutes, which grant to a board of county commissioners all U)
powers of local self-government to perform county functions and to render services
for county purposes in a manner not inconsistent with general law; Monroe County
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Ordinance No. 021-2017 ("Ordinance") creating and establishing the Monroe
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County Canals Municipal Service Benefit Unit ("MSBU"); and other applicable
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provisions of law.
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Section 1.02. DEFINITIONS. This resolution constitutes the Initial Assessment
Resolution as defined in the Ordinance. Any capitalized words and terms not defined E
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herein shall have the meaning ascribed to such terms in the Ordinance. Unless the U)
context indicates otherwise, words imparting the singular number including the
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plural number, and vice versa. As used in this Resolution, the following terms shall
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have the following meanings, unless the context hereof otherwise requires. 0
"Annual Maintenance Assessment" means the amount computed for each c
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Lot pursuant to Section 4.03 hereof.
"Assessment Area" means a geographic area created by this Resolution,
which is a sub-unit of an MSBU, containing properties that specially benefit from a
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Local Improvement, service, facility or program.
"Assessment Coordinator" means the person designated by the County to
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be responsible for coordinating the Assessments, or such person's designee.
"Board" means the Board of County Commissioners of Monroe County,
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Florida. r_
"Canal Improvements" means canal restoration activities performed 0
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within each of the canals within the MSBU as part of a Local Improvement as
defined in the Ordinance, including but not limited to organic removal, backfilling, U)
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installation of air curtains, and installation of culverts, or any combination thereof. U'
"County" means Monroe County, a political subdivision of the State off
Florida.
"County Administrator" means the chief executive officer of the County,
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or such person's designee.
"Final Assessment Resolution" means the resolution described in Sections
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3.02 and 3.06 of the Ordinance that imposes the Assessments within the Assessment
Area.
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"Fiscal Year" means the period commencing on October 1 of each year and U)
continuing through the next succeeding September 30, or such other period as may
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be prescribed by law as the fiscal year for the County. r-
"Government Property" means property owned by the United States of
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America or any agency thereof, the State of Florida or any agency thereof, a county,
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a special district or a municipal corporation.
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"Local Improvement" means a capital improvement constructed or
installed by the County for the special benefit of a neighborhood or other local area,
for which special assessments are imposed pursuant to the Ordinance.
"Lot" means a building lot described on a map or plat recorded in the �s
County's Official Records on or prior to the effective date of the Final Assessment cv
Resolution or any subsequent Annual Assessment Resolution.
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"MSBU" means the Monroe County Canals Municipal Service Benefit Unit r-
described in the Ordinance. 0
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"Maintenance" or "Maintenance Activities" means the ongoing
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operations and maintenance of the canal improvements, including but not limited to U)
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electrical service to operate air curtains and other electrical equipment, regular
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upkeep, and minor repairs.
"Maintenance Assessment" means an annual special assessment imposed
against real property located within the MSBU to fund the Maintenance Activities,
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and related expenses, computed in the manner described in Section 4.03 hereof.
"Maintenance Assessment Collection Cost" means the estimated cost to be
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incurred by the County during any Fiscal Year in connection with the administration
of the Maintenance Assessment program and collection of the Maintenance
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Assessment, and shall consist of an internal administrative fee in the amount of five U)
percent(5%) of the Maintenance Costs; external consultant administrative fee in the
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amount of up to $5,000 distributed on a per Lot basis; and a commission paid to the r_
Tax Collector, authorized per F.S. 192.091(2)(b). 0
"Maintenance Assessment Roll" means a non-ad valorem assessment roll 0
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relating to the Maintenance Cost of the Maintenance Activities and related expenses. a
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"Maintenance Assessment Statutory Discount Amount" means the
amount computed for each Lot pursuant to Section 4.03 hereof.
"Maintenance Cost" means all or any portion of the expenses that are
properly attributable to the Operations and Maintenance under generally accepted �s
accounting principles,including,without limiting the generality of the foregoing, the cv
cost of ongoing operations and maintenance of the canal improvements, including
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but not limited to electrical service to operate air curtains and other electrical r_
equipment; repair and maintenance of the air curtain equipment, replacement of the 0
air curtain equipment; and similar services. "Maintenance Cost"is synonymous with
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"Service Cost" as defined in the Ordinance. U)
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"Ordinance" means Monroe County Ordinance No. 021-2017, the Canal
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Restoration Program Assessment Ordinance.
"Property Appraiser" means the Monroe County Property Appraiser.
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"Tax Parcel" means a parcel of real property to which the Property
Appraiser has assigned a distinct ad valorem property tax identification number.
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"Tax Roll" means the real property ad valorem tax assessment roll
maintained by the Property Appraiser for the purpose of the levy and collection of
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ad valorem taxes. U)
"Uniform Assessment Collection Act" means Sections 197.3632 and
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197.3635, Florida Statutes, or any successor statutes authorizing the collection of r_
non-ad valorem Assessments on the same bill as ad valorem taxes,and any applicable 0
regulations promulgated thereunder. c
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SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, a
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words importing the singular number include the plural number, and vice versa. The
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terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to
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this Resolution; 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.
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SECTION 1.03. FINDINGS. It is hereby ascertained, determined and
declared that: 0
(A) The Board of County Commissioners of Monroe County,Florida,has 0
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enacted the Ordinance in order to provide for the creation of a municipal service
benefit unit and to authorize the imposition of Assessments to fund the Maintenance U)
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of Local Improvements that serve and specially benefit the property located therein.
(B) The Canal Improvements constitute a Local Improvement, as defined
in the Ordinance, and Maintenance constitutes a related service.
(C) All properties within the Assessment Area that have received an air
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curtain will require continued operation of the air curtain in order to maintain the
benefits achieved by these types of technology. All lots within the MSBU that have
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received any this technology will also benefit from Maintenance of the Local
Improvements. Without Maintenance of the Local Improvements,the gains achieved E
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through improvement in water quality within the benefitted Lots by the Canal U)
Improvements will be lost.
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(D) The Board desires to create the Assessment Area and to collect
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Maintenance Assessments in order to fund Maintenance Costs. c
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(E) The Canal Improvement, and the related Maintenance Activities,
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provide a special benefit to the properties located within the Assessment Area, by
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protecting and enhancing their value, use and enjoyment;promoting health,welfare,
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convenience and safety for all assessed property owners in the Assessment Area;
stabilization of or increase in property values; established and preserving water
access to all properties within the Assessment Area; and improved appearance of the CO
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Assessment Area.
(F) The Board hereby finds and determines that the Assessments to be
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imposed in accordance with this Resolution provide an equitable method of funding r-
the Maintenance of the Local Improvements by fairly and reasonably allocating the 0
cost to specially benefitted property.
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(G) The Board hereby finds that each property within the proposed U)
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MSBU will be benefited by the Maintenance of the Local Improvements in an <
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amount not less than the Assessment imposed against such property, computed in the
manner set forth in this Resolution.
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(H) The Maintenance Assessment will be implemented to provide for
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mandatory payment of the annual Maintenance Costs by all Tax Parcels within the
MSBU.
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ARTICLE II
NOTICE AND PUBLIC HEARING
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SECTION 2.01. PUBLIC HEARING. A public hearing will be conducted by the 0
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Board at 3:00 P.M., or as soon thereafter as the matter can be heard,on July 17,2019, 1�
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at the Monroe County Government Center, 2798 Overseas Highway, 2nd Floor, 0
Marathon,Florida, 33050 to consider adoption of a Final Assessment Resolution that
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will (A) create Assessment Areas, (B) impose Assessments, and (C) authorize
collection of the Assessments pursuant to the Florida Uniform Assessment
Collection Act. g
SECTION 2.02. NOTICE BY PUBLICATION. Upon completion of the initial
Assessment Roll, the Assessment Coordinator shall publish a notice of the public c"
hearing on adoption of a Final Assessment Resolution as authorized by Section 2.01
hereof in the manner and the time provided in Section 3.04 of the Ordinance and
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Section 197.3632. Such notice shall be in substantially the form attached hereto as
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Appendix A.
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SECTION 2.03. NOTICE BY MAIL. Upon completion of the initial Assessment g
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Roll, the Assessment Coordinator shall, at the time and in the manner specified in
Section 3.05 of the Ordinance,provide first class mailed notice of the public hearing E
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authorized by Section 2.01 hereof to each real property owner proposed to be U)
assessed at the address indicated on the Tax Roll. Such notice shall be mailed at least
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twenty (20) days prior to the public hearing, in accordance with Section 197.3632,
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F.S., and shall be in substantially the form attached hereto as Appendix B.
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ARTICLE III _
PROPOSED ASSESSMENT AREA
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SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA. 0
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(A) The Board proposes to create an assessment area for the Lots more
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particularly described in Appendix C attached hereto. The assessment area(the"Air U)
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Curtain Technology Assessment Area") shall consist of Lots shown in Appendix C,
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on Canal 266 (Big Pine Key). Each Lot has received the Local Improvements
consisting of air curtain technology.
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(B) The Assessment Area is proposed for the purpose of funding
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Maintenance Activities within the MSBU and for the purpose of improving the use
and enjoyment of property by funding the ongoing operations and maintenance of c�
the Local Improvements. .�
ARTICLE IV "'
MAINTENANCE ASSESSMENTS
SECTION 4.01. ESTIMATED MAINTENANCE COST. The
estimated Maintenance Cost for the Lots within the Air Curtain Technology
Assessment Area is $36,900 per Fiscal Year. This Maintenance Cost will be
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funded through the imposition of Maintenance Assessments against real property r-
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located in the Air Curtain Technology Assessment Area in the manner set forth in 0
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this article.
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SECTION 4.02. IMPOSITION OF MAINTENANCE ASSESSMENTS. U)
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The Maintenance Assessments shall be imposed against all real property located
within the MSBU for each Fiscal Year and shall be computed in accordance with this
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Article. The Maintenance Assessments shall be imposed for a period of 20 years.
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The first annual Maintenance Assessment will be included on the ad valorem tax bill
to be mailed in November 2019. When imposed, the Maintenance Assessment for
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each Fiscal Year shall constitute a lien upon the Tax Parcels located in the MSBU,
pursuant to the Ordinance. E
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SECTION 4.03. COMPUTATION OF MAINTENANCE ASSESSMENTS.
(A) The annual Maintenance Assessments shall be computed for each Lot
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located in the MSBU by: adding the annual Maintenance Cost together with the 0
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Collection Cost, less a five per cent (5%) reserve for the under-collection of 0
assessments due to the discount on annual property tax bills allowed for property 0
owners who pay prior to March 1 ("Maintenance Assessment Statutory Discount
Amount"). This sum is then divided by the sum by the total number of Lots within
the Assessment Area. The result is the portion of the Maintenance Costs attributable
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to each Lot.
(B) The above calculations shall be completed on an annual basis for
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purposes of the Maintenance Assessments.
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SECTION 4.04. MAINTENANCE ASSESSMENT ROLL.
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The Assessment Coordinator is hereby directed to prepare a final estimate of
the Maintenance Assessments and to prepare the initial Maintenance Assessment U)
Roll in the manner provided in the Ordinance. The Assessment Coordinator shall a
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apportion the Maintenance Cost among the Lots of real property within the MSBU 0
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and within each Assessment Area as reflected on the Tax Roll in conformity with
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this Article. The estimate of Maintenance Cost and the Maintenance Assessment
Roll shall be maintained on file at the office of the Assessment Coordinator and open
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to public inspection. The foregoing shall not be construed to require that the
Maintenance Assessment Roll be in printed form if the amount of the Maintenance
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Assessment for each Tax Parcel can be determined by use of a computer terminal
available to the public. E
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ARTICLE V U)
GENERAL PROVISIONS
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SECTION 5.01. METHOD OF COLLECTION. The Assessments shall be
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levied and collected pursuant to the Florida Uniform Assessment Collection Act,F.S. 0
197.3632 and 197.3635. c
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SECTION 5.02. SEVERABILITY. If any clause, section or provision of this a
Resolution shall be declared unconstitutional or invalid for any reason or cause, the
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remaining portion of said Resolution shall be in full force and effect and be valid as
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if such invalid portion thereof had not been incorporated herein.
SECTION 5.03. CONFLICTS. All resolutions or parts thereof in conflict herewith co
are hereby repealed to the extent of such conflict.
SECTION 5.04. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption. �
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PASSED AND DULY ADOPTED on this day of April 2019.
ATTEST: BOARD OF COUNTY U)
KEVIN MADOK, Clerk of Circuit COMMISSIONERS OF MONROE U)
Court and Ex-Officio Clerk to the COUNTY, FLORIDA
Board of County Commissioners
By: Deputy Clerk
By: Mayor Sylvia Murphy
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APPENDIX A
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FORM OF NOTICE TO BE PUBLISHED c
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To Be Published on or before June 26,2019 rn
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NOTICE OF INTENTION TO CONSIDER ADOPTION OF Q
COUNTY FINAL ASSESSMENT RESOLUTION �a
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NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 17, 2019, at 3:00 —
p.m. or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas 0
Highway,2°d Floor,Marathon,FL 33050,the Board of County Commissioners of Monroe County,Florida, 0
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will hold a public hearing to consider approval of the following County resolution: c
Monroe County,Florida c
Canal Restoration Program a)
Final Assessment Resolution E
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY,FLORIDA,RELATING TO THE CANAL RESTORATION PROGRAM;
IMPOSING ANNUAL MAINTENANCE ASSESSMENTS FOR PROPERTIES a
LOCATED WITHIN THE CANAL RESTORATION MUNICIPAL SERVICE
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BENEFIT UNIT; APPROVING THE NON-AD VALOREM ASSESSMENT ROLL; c
PROVIDING FOR COLLECTION OF MAINTENANCE ASSESSMENTS; AND N
PROVIDING AN EFFECTIVE DATE. Q
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The figure below depicts the Assessment Areas within the Canal Restoration Municipal Service Benefit Unit pip
subject to the assessments:
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Canal Restoration-#266 CV
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®v®rcei ea.baras . °. Q
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Canal 266 Big Pine Key,FL
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The public hearing is being held for the purpose of receiving public comment on the proposed assessments and t
collection of the assessment on the ad valorem tax bills. All affected property owners have the right to appear
and provide input at the hearing, and may file written objections with the County Administrator at any time Q
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prior to the public meeting or within twenty(20)days following publication of this notice,whichever is greater.
The Assessments have been proposed to fund ongoing annual maintenance costs for the canals,including but g
not limited to cost of electricity to run air curtains, vegetation removal and related services. The assessment 0
for each parcel of property will be based upon the number of lots in the Assessment Area. A more specific U)
description is set forth in the Initial Assessment Resolution adopted by the Board of County Commissioners
on April 17, 2019. Copies of the Initial Assessment Resolution, the plans and specifications for the
Maintenance Activities, and the initial Assessment Rolls are available for inspection at the Monroe County E
Administrator's Office, 1100 Simonton St., Suite 2-268,Key West Florida 33040,between the hours of 8:00 U)
a.m. and 4:30 p.m.,Monday through Friday. U)
The assessment rates are:
$75.00 per lot in the Air Curtain Technology Assessment Area E
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The assessments will be collected on the ad valorem tax bill, commencing with the tax bill to be mailed in r-
November 2019,as authorized by Section 197.3632,Florida Statutes. Failure to pay the assessments will cause
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a tax certificate to be issued against the real property which may result in a loss of title. 0
If you have any questions,please contact Rhonda Haag at(305)453-8775 Monday through Friday between 0
8:00 a.m. and 4:30 p.m. C
Pursuant to Section 286.0105,F.S.,if a 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 proceedings and may need to ca
ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be
made. IL
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ADA Assistance: In accordance with the Americans with Disabilities Act, any person needing a special
accommodation or an interpreter to participate in this proceeding should contact the County Administrator's C14
office at(305)292-4441,between the hours of 8:30 a.m. and 5:00 p.m.,no later than five(5)days prior to the CL
date of the hearing. If you are hearing or voice impaired,call `711.'
(SEAL) KEVIN MADOK,Clerk of the Circuit Court and ex officio
Clerk of the Board of County Commissioners of Monroe s�
County,Florida C14
Publication as disulav ad with border on the following dates:
Reporter
Keynoter r-
KW Citizen
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APPENDIX B
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FORM OF FIRST CLASS NOTICE TO BE MAILED
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Monroe County " Board of County Commissioners
Sustainability Department fir; F ���� Mayor Sylvia Murphy, Dist. 5
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102050 Overseas Hwy., #246 „pf Mayor Pro Tern Danny Kolhage, Dis u)
Key Largo, FL 33037 � / Michelle Coldiron, Dist. 2
Heather Carruthers, Dist. 3
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David Rice, Dist. 4
June 2019
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Notice Date: June 26, 2019
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Re: Notice of Proposed Maintenance Special Assessment for Canal 266 Air Curtain 2
Canal Restoration Program
Dear Property Owner: cy
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A municipal service benefit unit is being created to fund assessments for operation and maintenance costs
related to certain canal restoration activities in your area. The operation and maintenance work is necessary
in order to maintain the water quality improvement that has already been achieved on the canals. The type
of operation and maintenance work that is necessary depends on the type of canal restoration technology
that was used in each canal. The assessment for each parcel of property is based on the cost of the operations
and maintenance and the number of lots on each canal. A more specific description of the assessment
program is set forth in the Initial Assessment Resolution adopted by the County Commission on April 17,2019.
Information regarding the assessment for your specific property is shown below.
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Monroe County created the Monroe County Canals Municipal Service Benefit Unit to impose special
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assessments to fund ongoing operations and maintenance costs for those canals in the canal restoration
program. The maintenance assessments will be collected on the ad valorem tax bill commencing with the tax
bill to be mailed in November 2019, as authorized by Section 197.3632, Florida Statutes. Failure to pay the
assessments will cause a tax certificate to be issued against the real property, which may result in a loss of
title.
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A more specific description of the improvements and the method of computing the assessment for each 0
parcel of real property are set forth in the Initial Assessment Resolution adopted by the Board of County U)
Commissioners on April 17,2019. Copies of the Canal Restoration Program Assessment Ordinance,the Initial
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Assessment Resolution (including an explanation of the assessment methodology)and the initial Assessment
Roll are available for inspection at the Monroe County Administrator's Office, 1100 Simonton St.,#2-268,Key
West Florida 33040 between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. Information
regarding the assessment for your specific real property is attached to this letter.
The proposed assessments are based on the total overall future maintenance cost,divided by the number
of lots on the canal. The annual assessment for each lot will include its share of annual collection costs. An
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amount is also added to cover the statutory discount applicable to early payment of ad valorem taxes and
special assessments.
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The total number of lots attributable to the above tax parcel is: 41
The estimated Annual Maintenance Assessment for the above parcel is$
The estimated total revenue for the Air Curtain Technology Assessment Area is$36,900 per Fiscal Year.
You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for July 17, U)
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2019 at 3:00 p.m.at the Marathon Government Building at 2798 Overseas Highway, 2"d Floor, Marathon, FL 0
33050. The Final Assessment Resolution will be available in the agenda packet for the hearing,to be published
at www.monroecounty-fl.gov/agendacenter on July 2, 2019. 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.
CL
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".
Questions regarding your assessment and the process for collection may be directed to the Monroe County 2
Sustainability Department at(305)453-8774, Monday through Friday between 8:00 a.m.and 4:30 p.m.
MONROE COUNTY,FLORIDA
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APPENDIX C
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LEGAL DESCRIPTION OF PARCELS IN ASSESSMENT AREA
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Cana1266 Those lots lying on Big Pine Key, FL adjacent to Canal 266, U)
lying in the portion of unincorporated Monroe County bounded <
on the north by Baileys Lane, on the west by Matthew Rd., on
the south by Witters Lane, and on the east by the Gulf of 4-
Mexico. r-
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APPENDIX D
DESCRIPTION OF PARCELS BY ASSESSMENT AREA 0
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The Air Curtain Technology Assessment Area shall consist of the following
properties located in the unincorporated area of Monroe County, Florida, on Canal E
266, as identified by the parcel identification number provided by the Monroe
County Properly Appraiser. U)
Alt II IRE# Owner Name Lots Assessment
1382396 003102807 000000 ANDRE DEVELOPMENT ING 2-0 $1.8C7O 0
1382400 0031029O7-000000 LANG MIC:HAEL 2-0 $1,8C7O r-
138244F2 003103307-000000 DONOHUE KFVIIN T 1_0 $90,0,� 2
1382451 00310340 000000 DONOHUE KEVIIN T 1_0 $900
1382469 003103507 C)C)CIC;ICICI SC,IIABAIRAS SI ALFRED 2-0 $1.800 0
1382485 003103707 000000 STONE LIVING TRUST 1/7/1997 1.0 $9,0,0,,
1382493 003103807 000000STONE LIVING TRUST 1/7/1997 1.0 $90, , �
1382507 0031039C7 000000 KIES,SIEL LINIDA 1_0 $90,0,, �
1382523 0031041 000000 C;LARK SHIARON L 3_0 $2,700 �
1382540 003104307 000000 A-11FIINANC,IIAL SERVICES INC 2.0 $1,8 O �
1382566 00310450 000000 REISNER MIIC,HAIEIL D AND SHERYL L 1_0 $90,0, �
1382591 003104807 000000 ALES]DIENISE M LAVING TRUST 6/28/201.2 1.0 $900
1382604 0031049C7 000000 SHIIEARIN JERRY N 1_0 $90,0,, �
1382651.2 00310500-000000 DAVEYJO�HN 1_0 $g0O''
1382621 003105107 000000 MILILIER JAM IES M 1_0 $900 �
1382639 003105207 000000 MILILIER JAM IES M 1_0 $900 C14
1382647 00310540 000000 DIMARC O EVIELYN HI 3.0 $2,70)O) ®_
1382698 0031059O7 000000 WadIEIINBEIRG LAWRIENC,E RIEV TR 44/6/1996 2.0 $1,807O �
1382710 00310610 C)CICICIC;0 BAILEY SHAIRON S 2_0 $1,MO �
1382736 00310663O7 000000 SAC,IKETT 1_0 $g00'' :D
13827444E 0031064 7 C)C}CJ000 MOSS ROIBEIRT IF 1_0 $900 �
1382761 0031066OI 000000 REIESE JR UWI ILLIAM IKIENTON 2.0 $1,8 O �
1382779 0031067O7 000000 ARNOLD FAMILY INT VIV TRUST 3/7/1999 1-0 $90,0,, �
1382787 003106G8O7 CJC?ClC�700 SHIIREY PATRIC 1K 1_0 $9C0,0,, �
1382795 003106G99 7 000000 (,A 1EY JIR RIC,HARD C, 1.5 $1.350 �
1382809 00310700 C)CICICIC;0 SIEVOR JFIFFRIEY J AND SUSAN 1_5 $1,3.50 �
138281.7 00310710 000000 RUGGIANO GEORGE WAND PATRICIA L 1_0 $g00'
1382833 003107307-000000 LEJEUNE LARRYW~+ 2-0 $1,8C7O r—
Total 41.0 $36,900 0
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ORDINANCE NO. 021 - 2017
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING
TO THE IMPOSITION OF SPECIAL ASSESSMENTS FOR A
CANAL RESTORATION PROGRAM; CREATING AND 0
ESTABLISHING A MONROE COUNTY CANALS MUNICIPAL
SERVICE BENEFIT UNIT ("MSBU") TO FINANCE THE
IMPROVEMENTS; AUTHORIZING THE IMPOSITION AND E
COLLECTION OF ASSESSMENTS AGAINST PROPERTY 0
WITHIN THE UNINCORPORATED AREA OF MONROE COUNTY; U
ESTABLISHING THE PROCEDURES FOR IMPOSING
ASSESSMENTS; ESTABLISHING PROCEDURES FOR NOTICE
AND ADOPTION OF ASSESSMENT ROLLS; PROVIDING THAT
ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED
PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLL;
PROVIDING THAT THE LIEN FOR AN ASSESSMENT
COLLECTED PURSUANT TO SECTIONS 197.3632 AND
197.3635, FLORIDA STATUTES, UPON PERFECTION, SHALL
ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE
LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A
PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY 2
WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR
MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN
DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, g
AND CLAIMS; AUTHORIZING EXEMPTIONS AND HARDSHIP
ASSISTANCE; PROVIDING PROCEDURES FOR COLLECTION
OF ASSESSMENTS; AUTHORIZING THE ISSUANCE OF
OBLIGATIONS SECURED BY ASSESSMENTS AND PROVIDING
FOR THE TERMS THEREOF; PROVIDING THAT THE COUNTY'S
TAXING POWER SHALL NOT BE PLEDGED; PROVIDING
REMEDIES; DEEMING THAT PLEDGED REVENUES SHALL BE
CONSIDERED TRUST FUNDS; PROVIDING FOR THE
REFUNDING OF OBLIGATIONS; PROVIDING THAT THIS
ORDINANCE IS AN ALTERNATIVE MEANS OF
IMPLEMENTATION AND FOR SEVERABILITY; PROVIDING FOR
THIS ORDINANCE TO BE LIBERALLY CONSTRUED;
PROVIDING FOR CONFLICTS AND CODIFICATION; PROVIDING C
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FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following
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words and terms shall have the- following meanings, unless the context clearly
otherwise requires:
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"Annual Rate Resolution" means the resolution described in Section 3.08 U
establishing the rate at which an annual canal assessment for a specific year shall be
computed. The final assessment resolution shall constitute the annual rate resolution
for the initial fiscal year in which an annual canal Assessment is imposed or reimposed.
"Assessed Property" means all parcels of land included on the Assessment
Roll that receive a special benefit from the delivery of the service, facility or program or
provision of a Local Improvement identified in the Initial Assessment Resolution. 2
"Assessment" means a special assessment imposed by the County pursuant to
this Ordinance to fund the Capital Cost or Project Cost, if obligations are issued, of
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Local Improvements or the Service Cost of services, that provide a special benefit to
property as a consequence of a logical relationship to the value, use, or characteristics
of property identified in an Initial Assessment Resolution. The term "Assessment" shall
include Capital Assessments and Service Assessments.
"Assessment Area" means any of the areas created by resolution of the Board
pursuant to Section 2.02 hereof, that specially benefit from a Local Improvement or
service, facility, or program.
"Assessment Roll" means the special assessment roll relating to an
Assessment approved by a Final Assessment Resolution pursuant to Section 3.06 E
hereof or an Annual Rate Resolution pursuant to Section 3.08 hereof.
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"Assessment Unit" means the unit or criteria utilized to determine the
Assessment for each parcel of property, as set forth in the Initial Assessment U
Resolution. "Assessment Units" may include, by way of example only and not limitation,
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one or a combination of the following: platted lots or parcels of record, vested lots, land
area, improvement area, equivalent residential connections, equivalent residential units, E
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permitted land use, trip generation rates, front footage, rights to future trip generation �
capacity under applicable concurrency management regulations, property value or any
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other physical characteristic or reasonably expected use of the property that has a
logical relationship to the Local Improvement or service to be funded from proceeds of 0
the Assessment.
"Board" means the Board of County Commissioners of the County.
"Capital Assessment" means a special assessment imposed by the County
pursuant to this Ordinance to fund the Capital Cost or Project Cost, if obligations are
issued, of Local Improvements that provide a special benefit to property as a
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consequence of a logical relationship to the value, use, or characteristics of property
identified in an Initial Assessment Resolution.
"Capital Cost" means all or any portion of the expenses that are properly
attributable to the acquisition, design, construction, installation, reconstruction, renewal
or replacement (including demolition, environmental mitigation and relocation) of Local
Improvements and imposition of the related Assessments under generally accepted
accounting principles, and including reimbursement to the County for any funds
advanced for Capital Cost and interest on any interfund or intrafund loan for such
purposes.
"Clerk" shall mean the clerk of the circuit court for the county, ex-officio clerk of
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the board, or such other person as may be duly authorized to act on such person's
behalf. �s
"County" means Monroe County, Florida.
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"County Administrator" means the chief administrative officer of the County, or
such person's designee. E
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"Final Assessment Resolution" means the resolution described in Sections �
3.06 hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and
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which shall be the final proceeding for the initial imposition of an Assessment. "Fiscal
Year" means that period commencing October 1st of each year and continuing through 0
the next succeeding September 30th, or such other period as may be prescribed by law
as the fiscal year for the County.
"Government Property" means property owned by the United States of America
or any agency thereof, the State of Florida or any agency thereof, a county, a special
district or a municipal corporation.
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"Initial Assessment Resolution" means the resolution described in Sections
3.02 hereof which shall be the initial proceeding for the identification of the service,
facility, program, or Local Improvement for which an Assessment is to be made and for
the imposition of an Assessment.
"Local Improvement" means a canal restoration improvement project that has
been constructed or installed by the County for the special benefit of a neighborhood or
other Assessment Area.
"Maximum Assessment Rate" means the maximum rate of assessment
established by the Final Assessment Resolution for the service, facility, program, or
Local Improvement identified in the Initial Assessment Resolution.
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"Obligations" means bonds or other evidence of indebtedness including but not
limited to, notes, commercial paper, capital leases, reimbursable advances by the �s
County, or any other obligation issued or incurred to finance any portion of the Project
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Cost of Local Improvements and secured, in whole or in part, by proceeds of the
Assessments. E
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"Ordinance" means this Ordinance, as it may be amended from time-to-time. U
"Owner" shall mean the Person reflected as the owner of Assessed Property on
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the Tax Roll. r
"Person" means any individual, partnership, firm, organization, corporation,
association, or any other legal entity, whether singular or plural, masculine or feminine,
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as the context may require.
"Pledged Revenue" means, as to any series of Obligations, (A) the proceeds of
such Obligations, including investment earnings, (B) proceeds of the Assessments
pledged to secure the payment of such Obligations, and (C) any other legally available
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non-ad valorem revenue pledged, at the Board's sole option, to secure the payment of
such Obligations, as specified by the ordinance or resolution authorizing such
Obligations.
"Preliminary Rate" means the rates published for adoption as described in
Section 3.08 hereof initiating the annual process for updating the annual Assessment
Roll and directing the reimposition of Assessments pursuant to an Annual Rate
Resolution.
"Project Cost" means (A) the Capital Cost of a Local Improvement, (B) the ..
Transaction Cost associated with the Obligations which financed the Local
Improvement, (C) interest accruing on such Obligations for such period of time as the
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Board deems appropriate, (D) the debt service reserve fund or account, if any,
established for the Obligations which financed the Local Improvement, and (E) any
other costs or expenses related thereto.
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"Property Appraiser" means the Property Appraiser of Monroe County.
"Resolution of Intent" means the resolution expressing the Board's intent to E
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collect assessments on the ad valorem tax bill required by the Uniform Assessment U
Collection Act.
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"Service Assessment" means a special assessment imposed by the County
pursuant to this Ordinance to fund the Service Cost of services that provide a special
benefit to property as a consequence of a logical relationship to the value, use, or
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characteristics of property identified in an Initial Assessment Resolution.
"Service Cost" means all or any portion of the expenses that are properly
attributable to operations and maintenance of a Local Improvement and imposition and
collection of related Assessments under generally accepted accounting principles.
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"Tax Collector" means the Tax Collector of Monroe County.
"Tax Roll" means the real property ad valorem tax assessment roll maintained
by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Transaction Cost" means the costs, fees and expenses incurred by the County
in connection with the issuance and sale of any series of Obligations, including but not
limited to (A) rating agency and other financing fees; (B) the fees and disbursements of
bond counsel; (C) the underwriters' discount; (D) the fees and disbursements of the
County's financial advisor; (E) the costs of preparing and printing the Obligations, the
preliminary official statement, the final official statement, and all other documentation
supporting issuance of the Obligations; (F) the fees payable in respect of any municipal
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bond insurance policy; (G) administrative, development, credit review, and all other fees
associated with any pooled commercial paper or similar interim financing program; and
(H) any other costs of a similar nature incurred in connection with issuance of such
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Obligations.
"Uniform Assessment Collection Act" means Sections 197.3632 and E
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197.3635, Florida Statutes, as amended from time-to-time, or any successor statutes U)
authorizing the collection of non-ad valorem assessments on the same bill as ad
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valorem taxes, and any applicable regulations promulgated thereunder.
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
Ordinance; and the term "hereafter" means after, and the term "heretofore" means
before the effective date of this Ordinance. Words of any gender include the correlative
words of the other genders, unless the context indicates otherwise.
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SECTION 1.03. FINDINGS.
It is hereby ascertained, determined, and declared that:
(A) Pursuant to Article Vill, section 1, Florida Constitution, and sections 125.01
and 125.66, Florida Statutes, the County has all powers of local self-government to
perform county functions and to render county and municipal services in a manner not
inconsistent with law and such power may be exercised by the enactment of county
ordinances, including but not limited to the power pursuant to Section 125.01, Florida
Statutes, to establish municipal service benefit units to provide recreation, transportation
and other essential facilities.
(B) The Assessments to be imposed pursuant to this Ordinance shall constitute
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non-ad valorem assessments within the meaning and intent of the Uniform Assessment
Collection Act. �s
(C) The Assessments to be imposed pursuant to this Ordinance are imposed
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by the Board, not the Property Appraiser or Tax Collector. The duties of the Property
Appraiser and Tax Collector under the Uniform Assessment Collection Act are E
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ministerial. �
(D) The purposes of this Ordinance are to: (1) provide procedures and
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standards for the imposition of Assessments within the County by resolution under the
general home rule powers of a county to impose special assessments; and (2) authorize
a procedure for the funding of public services, facilities, programs, or Local
Improvements providing special benefit to subsequently identified property within the
County.
ARTICLE II
GENERAL PROVISIONS 0
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SECTION 2.01. CREATION OF MONROE COUNTY CANALS MUNICIPAL
SERVICE BENEFIT UNIT.
(A) Pursuant to F.S. 125(1)(q) and (r), the Monroe County Canals Municipal
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Service Benefit Unit (MSBU) is hereby created to accomplish the improvements
contemplated herein. The boundaries of the MSBU shall consist of all of the
unincorporated area within Monroe County.
(B) Each municipality with the county may request to be included within the
boundaries of the MSBU. A certified copy of the resolution adopted by the municipality
requesting inclusion in the MSBU must be received by the county prior to June 1 and
shall be effective beginning the next fiscal year. Upon being included, all provisions of
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this ordinance shall apply within the boundary of such municipality.
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SECTION 2.02. CREATION OF ASSESSMENT AREA.
(A) The Board is hereby authorized to create Assessment Areas in accordance 0
with the procedures set forth in Section3.02 and 3.06. The Assessments Areas shall
contain property located within the County that is specially benefitted by the services,
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facilities, programs, or Local Improvements proposed for funding from the proceeds of
Assessments to be imposed therein.
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(B) Either the Initial Assessment Resolution proposing each Assessment Area
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or the Final Assessment Resolution creating each Assessment Area shall include brief
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descriptions of the proposed services, facilities, programs, or Local Improvements, a
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description of the property to be included within the Assessment Area, and specific
legislative findings that recognize the special benefit to be provided by each proposed
service, facility, program, or Local Improvements to property within the Assessment
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Area.
SECTION 2.02. REVISIONS TO ASSESSMENTS. If any Assessment made under
the provisions of this Ordinance is either in whole or in part annulled, vacated, or set
aside by the judgment of any court of competent jurisdiction, or if the Board is satisfied
that any such Assessment is so irregular or defective that the same cannot be enforced
or collected, or if the Board has omitted to include any property on the Assessment Roll
which property should have been so included, the Board may take all necessary steps
to impose a new Assessment against any property benefited by the Service Costs,
Capital Costs or Project Costs, following as nearly as may be practicable, the provisions
of this Ordinance, and in case such second Assessment is annulled, vacated, or set
aside, the Board may obtain and impose other Assessments until a valid Assessment is
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imposed.
SECTION 2.03. PROCEDURAL IRREGULARITIES. Any informality or
irregularity in the proceedings in connection with the levy of any Assessment under the
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provisions of this Ordinance shall not affect the validity of the same after the approval
thereof, and any Assessment, as finally approved, shall be competent and sufficient E
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evidence that such Assessment was duly levied, that the Assessment was duly made
and adopted, and that all other proceedings adequate to such Assessment were duly
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had, taken, and performed as required by this Ordinance; and no variance from the
directions hereunder shall be held material unless it be clearly shown that the party
objecting was materially injured thereby. Notwithstanding the provisions of this Section,
any party objecting to an Assessment imposed pursuant to this Ordinance must file an
objection with a court of competent jurisdiction within the time periods prescribed herein. 2
SECTION 2.04. CORRECTION OF ERRORS AND OMISSIONS.
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(A) No act of error or omission on the part of the Property Appraiser, Tax
Collector, County Administrator, their deputies, employees, or designees, shall operate
to release or discharge any obligation for payment of an Assessment imposed by the
Board under the provision of this Ordinance.
(B) When it shall appear that any Assessment should have been imposed
under this Ordinance against a lot or parcel of property specially benefited by the
provision of a service, facility, program, or Local Improvement, but such property was
omitted from the Assessment Roll, the Board may, upon provision of appropriate notice
as set forth in this Article, impose the applicable Assessment. Such total Assessment
shall become delinquent if not fully paid upon the expiration of 60 days from the date of E
the adoption of said resolution. The Assessment so imposed shall constitute a lien
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against such property equal in rank and dignity with the liens of all state, county, district,
or municipal taxes and special assessments, and superior in rank and dignity to all other
prior liens, mortgages, titles and claims in and to or against the real property involved
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and may be collected as provided in Article VI hereof.
(C) The County Administrator shall have the authority at any time, upon his or E
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her own initiative or in response to a timely filed petition from the Owner of any �
Assessed Property, to correct any error in applying the Assessment apportionment
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method to any particular property not otherwise requiring the provision of notice
pursuant to the Uniform Assessment Collection Act. Any such correction that reduces
an Assessment shall be considered valid ab initio and shall in no way affect the
enforcement of the Assessment imposed under the provisions of this Ordinance. Any
such correction which increases an Assessment or imposes an Assessment on omitted
property shall first require notice to the affected owner in the manner described in
Section 3.05 hereof, as applicable, providing the date, time and place that the Board will
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consider confirming the correction and offering the owner an opportunity to be heard. All
requests from affected property owners for any such changes, modifications or
corrections shall be referred to, and processed by, the County Administrator and not the
Property Appraiser or Tax Collector.
(D) After the Assessment Roll has been delivered to the Tax Collector in
accordance with the Uniform Assessment Collection Act, any changes, modifications, or
corrections thereto shall be made in accordance with the procedures applicable to
correcting errors and insolvencies on the Tax Roll upon timely written request and
direction of the County Administrator.
SECTION 2.05. LIEN OF ASSESSMENTS.
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(A) Upon the adoption of the Assessment Roll, all Assessments shall constitute
a lien against such property equal in rank and dignity with the liens of all state, county, �s
district, or municipal taxes and special assessments. Except as otherwise provided by
law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and
claims, until paid. E
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(B) The lien for an Assessment shall be deemed perfected upon adoption by �
the Board of the Final Assessment Resolution or the Annual Rate Resolution, whichever
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is applicable. The lien for an Assessment collected under the Uniform Assessment
Collection Act shall attach to the property as provided by law. The lien for an 0
Assessment collected under the alternative method of collection provided in Section
5.02 shall be deemed perfected upon adoption by the Board of the Final Assessment
Resolution or the Annual Rate Resolution, whichever is applicable, and shall attach to
the property on such date of adoption.
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ARTICLE III
ASSESSMENTS
SECTION 3.01. GENERAL AUTHORITY.
(A) The Board is hereby authorized to impose an annual Assessment to fund
ail or any portion of the Capital Cost, Project Cost, or Service Cost on benefitted
property at a rate of assessment based on the special benefit accruing to such property
from the County's provision of the subsequently identified service, facility, or program.
(B) The amount of the Assessment that is imposed each Fiscal Year against
each parcel of Assessed Property shall be determined pursuant to an apportionment
methodology based upon a classification of property designed to provide a fair and
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reasonable apportionment of the Capital Cost, Project Cost or Service Cost among
properties on a basis reasonably related to the special benefit provided by the service,
facility, or program funded with Assessment proceeds.
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(C) All Service Assessments shall be imposed in conformity with the
procedures set forth in this Article 111. E
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SECTION 3.02. INITIAL ASSESSMENT RESOLUTION. The first step for the U
initial imposition of a Service Assessment shall be the Board's adoption of an Initial
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Assessment Resolution (A) describing the property to be located within any proposed
Assessment Area; (B) containing a brief and general description of the services, facilities,
or programs to be provided; (C) determining the Capital Cost, Project Cost or Service
Cost to be assessed; (D) describing the method of apportioning the Capital Cost, Project
Cost or Service Cost and the computation of the Assessments for specific properties; (E)
establishing an estimated assessment rate for the upcoming Fiscal Year; (F) establishing
a Maximum Assessment Rate, if desired by the Board; (G) authorizing the date, time, and
U
place of a public hearing to consider the adoption of the Final Assessment Resolution for
the upcoming Fiscal Year; and (H) directing the County Administrator to (1) prepare the
initial Assessment Roll, as required by Section 3.03 hereof, (2) publish the notice
required by Section 3.04 hereof, and (3) mail the notice required by Section 3.05 hereof.
SECTION 3.03. ASSESSMENT ROLL.
(A) The County Administrator shall prepare, or direct the preparation of, the N
initial Assessment Roll for the Assessments, which shall contain the following:
(1) A summary description of all Assessed Property conforming to the
description contained on the Tax Roll;
(2) The name of the Owner of the Assessed Property;
14
Packet Pg. 2721
(3) The number of Assessment Units attributable to each parcel;
(4) The estimated maximum annual assessment for each Assessment U
Unit; and
0
(5) The amount of the Service Assessment to be imposed against each
Assessed Property.
U
U)
(B) Copies of the Initial Assessment Resolution and the preliminary U)
Assessment Roll shall be available in the office of the County Administrator and open to
4-
public inspection. The foregoing shall not be construed to require that the Assessment
Roll be in printed form if the amount of the Service Assessment for each parcel of
property can be determined by use of a computer terminal available to the public.
a
SECTION 3.04. NOTICE BY PUBLICATION. Upon completion of the initial
Assessment Roll, the County Administrator shall publish notice of a public hearing to
adopt the Final Assessment Resolution and approve the aforementioned initial
Assessment Roll. The published notice shall conform to the requirements set forth in the
U
Uniform Assessment Collection Act.
SECTION 3.05. NOTICE BY MAIL.
(A) For the initial Fiscal Year in which an Assessment is imposed by the Board
against Assessed Property pursuant to the Uniform Assessment Collection Act and in
addition to the published notice required by Section 3.04, the County Administrator shall
provide notice of the proposed Service Assessment by first class mail to the owner of
each parcel of property subject to a Service Assessment.
(B) The mailed notice shall conform to the requirements set forth in the Uniform ..
Assessment Collection Act.
(C) Notice shall be deemed mailed upon delivery thereof to the possession of
15
Packet Pg. 2722
P.5.b
the United States Postal Service. Failure of the Owner to receive such notice due to
mistake or inadvertence, shall not affect the validity of the Assessment Roll nor release
or discharge any obligation for payment of a Service Assessment imposed by the Board
0
U
pursuant to this Ordinance.
(D) Notice by mail for Fiscal Years after the initial Fiscal Year shall be E
U
U
0
controlled by Section 3.08(D) hereof. U)
SECTION 3.06. FINAL ASSESSMENT RESOLUTION.
4
(A) At a public hearing named in the notices required by Sections 3.04 and
3.05 or to such time as an adjournment or continuance may be taken by the Board, after
receiving oral or written objections of interested persons, the Board may then, or at any
a
subsequent meeting of the Board, adopt the Final Assessment Resolution, which shall
(A) create any Assessment Area; (B) confirm, modify, or repeal the Initial Assessment
Resolution with such amendments, if any, as may be deemed appropriate by the Board;
(C) establish the Maximum Assessment Rate, if desired by the Board and set the rate of
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assessment to be imposed in the upcoming fiscal year; (D) approve the initial
Assessment Roll, with such amendments as it deems just and right; and (E) determine
the method of collection.
(B) All parcels assessed shall derive a special benefit from the service, facility,
or program to be provided or constructed and the Service Assessment shall be fairly
and reasonably apportioned among the properties that receive the special benefit.
(C) The initial assessment roll as approved by the Final Assessment Resolution
shall be delivered to the Tax Collector as required by the Uniform Assessment ..
Collection Act.
(D) The Final Assessment Resolution shall constitute the Annual Rate
16
Packet Pg. 2723
P.5.b
Resolution for the initial Fiscal Year in which Assessments are imposed or reimposed
hereunder. �s
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SECTION 3.07. EFFECT OF FINAL ASSESSMENT RESOLUTION.
0
Assessments for the initial Fiscal Year shall be established upon adoption of the
Final Assessment Resolution. The adoption of the Final Assessment Resolution shall be E
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U)
the final adjudication of the issues presented (including, but not limited to, the method of U
apportionment and assessment, the Maximum Assessment Rate, the initial rate of
4-
assessment, the initial Assessment Roll, and the levy and lien of the Assessments),
unless proper steps are initiated in a court of competent jurisdiction to secure relief
within twenty (20) days from the date of Board action on the Final Assessment
Resolution. The initial Assessment Roll, as approved by the Final Assessment
Resolution, shall be delivered to the Tax Collector, or the Property Appraiser if so
directed by the Tax Collector, or if an alternative method is used to collect the Service
Assessments, such other official as the Board by resolution shall designate.
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SECTION 3.08. ADOPTION OF ANNUAL RATE RESOLUTION.
(A) The board shall adopt an Annual Rate Resolution during its budget
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adoption process for each fiscal year following the initial fiscal year for which a service
0
assessment is imposed hereunder. The Annual Rate Resolution shall approve the
assessment roll for the upcoming fiscal year. The Assessment Roll shall be prepared in
accordance with the method of apportionment set forth in the Initial Assessment
Resolution together with modifications, if any, and as confirmed in the Final Assessment
Resolution.
(B) The Board shall hold a public hearing to adopt the Annual Rate Resolution E
and the annual assessment roll for the ensuing fiscal year. At the public hearing, the
17
Packet Pg. 2724
P.5.b
Board shall hear comments and objections from owners and other members of the
public as to the Preliminary Rate and proposed assessments. The Board shall make U
r-
0
such increase, decrease or revision to any proposed Assessment as it shall deem
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necessary or appropriate. In addition, the Board shall make such changes,
modifications or additions as necessary to conform the preliminary annual assessment E
U)
U
0
roll with the adopted rate resolution and this article. The Board may continue said public U
hearing to a date and time certain without the necessity of further public notice to allow
4-
prior to final adoption increases, decreases or revisions to the Preliminary Rate or for
such other reason deemed necessary in the sole discretion of the board. Upon
completion of such public hearing the Board may approve the Annual Rate Resolution.
(C) Notice of the public hearing for the Annual Rate Resolution shall be
published in a newspaper of general circulation within the county, at least twenty (20)
days prior to the public hearing. The published notice shall contain at least the following
0
information: the name of the local governing board; a geographic depiction of the
U
property subject to the assessment; the proposed schedule of the assessment; the fact
that the assessment will be collected by the tax collector; and a statement that all
affected property owners have the right to appear at the public hearing and the right to
file written objections within 20 days of the publication of the notice.
(D) In the event that the uniform method of collection provided for in the
Uniform Assessment Collection Act is used and:
(1) The proposed service assessment for any fiscal year exceeds the
maximum assessment rate included in notice previously provided
to the owners of assessable property pursuant to sections 3.04
and 3.05 hereof,
18
Packet Pg. 2725
P.5.b
(2) The method of apportionment is changed or the purpose for which
C
the assessment is imposed is substantially changed from that �s
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represented by the notice previously provided to the owners of
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assessable property pursuant to sections 3.04 and 3.05 hereof,
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(3) Assessable property is reclassified in a manner that results in an E
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U)
increased assessment beyond that represented by notice U
previously provided to the owners of assessable property pursuant
to sections 3.04 and 3.05 hereof, or
(4) an assessment roll contains assessable property that was not
included on the assessment roll approved for the prior fiscal year,
a
then notice shall be provided by first class mail to the owners of such assessable
property. Such supplemental notice shall substantially conform with the notice
requirements set forth in section 3.04 and 3.05 hereof and shall inform the property
owner of the date and place for the adoption of the annual rate resolution. The failure of
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the owner to receive such supplemental notice due to mistake or inadvertence, shall not
C
affect the validity of the assessment roll nor release or discharge any obligation for
payment of a service assessment imposed by the board pursuant to this article.
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(E) As to any Assessed Property not included on an Assessment Roll approved
by the adoption of the Final Assessment Resolution or a prior year's Annual Rate
Resolution, the adoption of the succeeding Annual Rate Resolution shall be the final
adjudication of the issues presented as to such Assessed Property (including, but not
limited to, the determination of special benefit and fair apportionment to the Assessed
C
Property, the method of apportionment and assessment, the rate of assessment, the
establishment or increase of a Maximum Assessment Rate, the Assessment Roll, and
19
Packet Pg. 2726
P.5.b
the levy and lien of the Assessments), unless proper steps are initiated in a court of
competent jurisdiction to secure relief within twenty (20) days from the date of the Board �s
0
action on the Annual Rate Resolution. Nothing contained herein shall be construed or
6
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interpreted to affect the finality of any Assessment not challenged within the required
20-day period for those Assessments previously imposed against Assessed Property by E
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the inclusion of the Assessed Property on an Assessment Roll approved in the Final U)
Assessment Resolution or any subsequent Annual Rate Resolution.
4
(F) The Assessment Roll, as approved by the Annual Rate Resolution, shall be
delivered to the Tax Collector as required by the Uniform Assessment Collection Act. If
the Assessment against any property shall be sustained, reduced, or abated by the
court, an adjustment shall be made on the Assessment Roll.
ARTICLE IV
IL
COLLECTION AND USE OF ASSESSMENTS
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SECTION 4.01. METHOD OF COLLECTION.
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(A) Unless otherwise directed by the Board, the Assessments shall be
collected pursuant to the Uniform Assessment Collection Act, and the County shall
comply with all applicable provisions of the Uniform Assessment Collection Act. The
0
Resolution of Intent required by the Uniform Assessment Collection Act may be adopted
either prior to or following the Initial Assessment Resolution; provided however, that the
Resolution of Intent must be adopted prior to January 1 (or March 1 with consent of the
Property Appraiser and Tax Collector) of the year in which the Assessments are first
collected on the ad valorem tax bill. Any hearing or notice required by this Ordinance
may be combined with any other hearing or notice required by the Uniform Assessment
Collection Act.
20
Packet Pg. 2727
P.5.b
(B) The amount of an Assessment to be collected using the Uniform
Assessment Collection Act for any specific parcel of benefitted property may include an U
amount equivalent to the payment delinquency, delinquency fees and recording costs
0
U)
for prior years' assessment for a comparable service, facility, program, or Local
Improvement provided, (1) the collection method used in connection with the prior year's E
U)
U)
assessment did not employ the use of the Uniform Assessment Collection Act, (2) notice U)
is provided to the Owner, and (3) any lien on the affected parcel for the prior year's
4
assessment is supplanted and transferred to such Assessment upon certification of a
non-ad valorem roll to the Tax Collector by the County.
SECTION 4.02. GOVERNMENT PROPERTY. In lieu of using the Uniform
Assessment Collection Act to collect Assessments from Government Property, the
County may elect to use any other method authorized by law or provided by this Section
as follows:
(A) The County shall provide Assessment bills by first class mail to the Owner
U)
of each affected parcel of Government Property. The bill or accompanying explanatory
material shall include (1) a brief explanation of the Assessment, (2) a description of the
unit of measurement used to determine the amount of the Assessment, (3) the number
0
of units contained within the parcel, (4) the total amount of the parcel's Assessment for
the appropriate period, (5) the location at which payment will be accepted, and (6) the
date on which the Assessment is due.
(B) Assessments imposed against Government Property shall be due on the
same date as all other Assessments and, if applicable, shall be subject to the same
discounts for early payment.
(C) An Assessment shall become delinquent if it is not paid within 30 days from
21
Packet Pg. 2728
P.5.b
the date any installment is due. The County shall notify the Owner of any Government
Property that is delinquent in payment of its Assessment within 60 days from the date U
such Assessment was due. Such notice shall state that the County will initiate a
6
U)
mandamus or other appropriate judicial action to compel payment.
(D) All costs, fees and expenses, including reasonable attorney fees and title E
U)
U)
0
search expenses, related to any mandamus or other action as described herein shall be U)
included in any judgment or decree rendered therein. All delinquent owners of
Government Property against which a mandamus or other appropriate action is filed
0
0
shall be liable for an apportioned amount of reasonable costs and expenses incurred by
the County, including reasonable attorney fees, in collection of such delinquent
Assessments and any other costs incurred by the County as a result of such delinquent
Assessments and the same shall be collectible as a part of or in addition to, the costs of
the action.
(E) As an alternative to the foregoing, an Assessment imposed against
U)
Government Property may be collected on the bill for any utility service provided to such
Government Property. The Board may contract for such billing services with any utility
not owned by the County.
ARTICLE V
ISSUANCE OF OBLIGATIONS
SECTION 5.01. GENERAL AUTHORITY.
(A) Upon adoption of the Final Assessment Resolution imposing Capital
Assessments to fund a Local Improvement or at any time thereafter, the Board shall
have the power and is hereby authorized to provide by resolution, at one time or from
time to time in series, for the issuance of Obligations to fund the Project Cost thereof.
22
Packet Pg. 2729
P.5.b
(B) If issued, the principal of and interest on each series of Obligations shall be
payable from Pledged Revenue. At the option of the Board, the County may agree, by �s
resolution, to budget and appropriate funds to make up any deficiency in the reserve
6
U)
account established for the Obligations or in the payment of the Obligations, from other
non-ad valorem revenue sources. The Board may also provide, by resolution, for a E
U)
U
pledge of or lien upon proceeds of such non-ad valorem revenue sources for the benefit U)
of the holders of the Obligations. Any such resolution shall determine the nature and
4-
extent of any pledge of or lien upon proceeds of such non-ad valorem revenue sources.
SECTION 5.02. TERMS OF THE OBLIGATIONS. If issued, the Obligations shall
be dated, shall bear interest at such rate or rates, shall mature at such times as may be
determined by resolution of the Board, and may be made redeemable before maturity,
2
at the option of the County, at such price or prices and under such terms and
conditions, all as may be fixed by the Board. Said Obligations shall mature not later than
0
40 years after their issuance. The Board shall determine by resolution the form of the
U
Obligations, the manner of executing such Obligations, and shall fix the denominations
of such Obligations, the place or places of payment of the principal and interest, which
may be at any bank or trust company within or outside of the State of Florida, and such
0
other terms and provisions of the Obligations as it deems appropriate. The Obligations
may be sold at public or private sale for such price or prices as the Board shall
determine by resolution. The Obligations may be delivered to any contractor to pay for
construction of the Local Improvements or may be sold in such manner and for such
price as the Board may determine by resolution to be for the best interests of the
County.
SECTION 5.03. VARIABLE RATE OBLIGATIONS. At the option of the Board,
23
Packet Pg. 2730
P.5.b
Obligations may bear interest at a variable rate.
SECTION 5.04. TEMPORARY OBLIGATIONS. Prior to the preparation of
definitive Obligations of any series, the Board may, under like restrictions, issue interim
6
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receipts, interim certificates, or temporary Obligations, exchangeable for definitive
Obligations when such Obligations have been executed and are available for delivery. E
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The Board may also provide for the replacement of any Obligations which shall become U)
mutilated, destroyed or lost. Obligations may be issued without any other proceedings
4-
or the happening of any other conditions or things than those proceedings, conditions or
0
things which are specifically required by this Ordinance.
SECTION 5.05. ANTICIPATION NOTES. In anticipation of the sale of
a
Obligations, the Board may, by resolution, issue notes and may renew the same from
time to time. Such notes may be paid from the proceeds of the Obligations, the
proceeds of the Capital Assessments, the proceeds of the notes and such other legally
available money as the Board deems appropriate by resolution. Said notes shall
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mature within five years of their issuance and shall bear interest at a rate not exceeding
the maximum rate provided by law. The Board may issue Obligations or renewal notes
to repay the notes. The notes shall be issued in the same manner as the Obligations.
0
SECTION 5.06. TAXING POWER NOT PLEDGED. Obligations issued under
the provisions of this Ordinance shall not be deemed to constitute a general obligation
or pledge of the full faith and credit of the County within the meaning of the Constitution
of the State of Florida, but such Obligations shall be payable only from Pledged
Revenue in the manner provided herein and by the resolution authorizing the
Obligations. The issuance of Obligations under the provisions of this Ordinance shall
not directly or indirectly obligate the County to levy or to pledge any form of ad valorem
24
Packet Pg. 2731
P.5.b
taxation whatever therefore. No holder of any such Obligations shall ever have the right
to compel any exercise of the ad valorem taxing power on the part of the County to pay �s
any such Obligations or the interest thereon or to enforce payment of such Obligations
U
or the interest thereon against any property of the County, nor shall such Obligations
constitute a charge, lien or encumbrance, legal or equitable, upon any property of the E
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County, except the Pledged Revenue. U)
SECTION 5.07. TRUST FUNDS. The Pledged Revenue received pursuant to
4-
the authority of this Ordinance shall be deemed to be trust funds, to be held and applied
0
solely as provided in this Ordinance and in the resolution authorizing issuance of the
Obligations. Such Pledged Revenue may be invested by the County, or its designee, in
the manner provided by the resolution authorizing issuance of the Obligations. The
Pledged Revenue upon receipt thereof by the County shall be subject to the lien and
pledge of the holders of any Obligations or any entity other than the County providing
0
credit enhancement on the Obligations.
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SECTION 5.08. REMEDIES OF HOLDERS. Any holder of Obligations, except to
the extent the rights herein given may be restricted by the resolution authorizing
issuance of the Obligations, may, whether at law or in equity, by suit, action, mandamus
0
or other proceedings, protect and enforce any and all rights under the laws of the State
of Florida or granted hereunder or under such resolution, and may enforce and compel
the performance of all duties required by this part, or by such resolution, to be
performed by the County.
SECTION 5.09. REFUNDING OBLIGATIONS. The County may, by resolution
of the Board, issue Obligations to refund any Obligations issued pursuant to this
Ordinance, or any other obligations of the County theretofore issued to finance the
25
Packet Pg. 2732
Project Cost of a Local Improvement and provide for the rights of the holders hereof.
Such refunding Obligations may be issued in an amount sufficient to provide for the
payment of the principal of, redemption premium, if any, and interest on the outstanding
6
U)
Obligations to be refunded. If the issuance of such refunding Obligations results in an
annual Assessment that exceeds the estimated maximum annual Capital Assessments E
U)
U)
set forth in the notice provided pursuant to Section 4.05 hereof, the Board shall provide U)
notice to the affected property owners and conduct a public hearing in the manner
4-
required by Article IV of this Ordinance.
0
ARTICLE VI
MISCELLANEOUS PROVISIONS
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SECTION 6.01. APPLICABILITY. This Ordinance and the Board's authority to F
impose assessments pursuant hereto shall be applicable throughout the County.
SECTION 6.02. ALTERNATIVE METHOD.
0
(A) This Ordinance shall be deemed to provide an additional and alternative
U)
method for the doing of the things authorized hereby and shall be regarded as
supplemental and additional to powers conferred by other laws, and shall not be
regarded as in derogation of any powers now existing or which may hereafter come into
0
existence. This Ordinance, being necessary for the welfare of the inhabitants of the
County, shall be liberally construed to effect the purposes hereof.
(B) Nothing herein shall preclude the Board from directing and authorizing, by
resolution, the combination with each other of (1) any supplemental or additional notice
deemed proper, necessary, or convenient by the County, (2) any notice required by this
Ordinance, or (3) any notice required by law, including the Uniform Assessment
Collection Act.
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Packet Pg. 2733
SECTION 6.03. LIBERALLY CONSTRUED. This Ordinance, being necessary
for the welfare of the inhabitants of the County, particularly the owners of property
located therein, shall be liberal) construed to effect the purposes hereof.
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SECTION 6.04. SEVERABILITY. The provisions of this Ordinance are severable;
and if any section, subsection, sentence, clause or provision is held invalid by any court E
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of competent jurisdiction, the remaining provisions of this Ordinance shall not be U)
affected thereby.
4-
SECTION 6.05. CONFLICTS. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 6.06. CODIFICATION. It is the intention of the Board, and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Monroe County in a new Article VI within Chapter 26 ("Waterways"); that the
sections of this Ordinance may be renumbered or relettered to accomplish such
intentions; and that the word Ordinance shall be changed to Section or Article or
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other appropriate word.
SECTION 6.07. EFFECTIVE DATE. A certified copy of this Ordinance shall be
filed with the Department of State of the State of Florida within 10 days of enactment
and shall take effect upon filing with said department.
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Packet Pg. 2734
P.5.b
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 18th day of October, 2017.
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Mayor George Neugent Yes
Mayor Pro Tern David Rice Yes
Commissioner Danny Kolhage Yes 0
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy No
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(SAI ' BOARD OF COUNTY COMMISSIONERS
Atteit.. "KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
'e• �BY: BY: Any—
Deputy Clerk Mayor George Neugent
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O p•5°,4 cur"'••off"� Kevin Madok, CPA
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;o ..... Clerk of the Circuit Court&Comptroller—Monroe County, Florida
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January 29, 2019 �?
State of Florida
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Florida Department of Revenue
5050«71'ennessec Strect
Tallahassee, FL 32399
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To Wliom It May Concern: U)
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 dus Resolution; and
providing for an effective date.
0
This Resolution was adopted by die 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 leave any questions, please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA M
Clerk of the Circuit Court& Comptroller&
ex-oflicio to the Monroe County Board of
County Commissioners
By: Pamela G. Hancock, D.C.
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cc: Monroe County Property Appraiser
Monroe County Tax Collector E
File c�
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 Plan
305-294-4641 305-289-6027 305-852-7145 3051 Packet Pg. 2736
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 0
EFFECTIVE DATE.
WHEREAS, on October 18, 2017, Monroe County Board of County Commissioners U)
("BOCC") adopted Ordinance No. 021-2017, creating a Monroe County Canals Municipal Service 0
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
0
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;
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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
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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
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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
Packet Pg. 2737
P.5.c
J
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. 0
4. This Resolution shall be effective upon adoption.
U)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, U)
Florida, at a regular meeting of the Board held on the 23rd day of January 2019. U)
Mayor Sylvia Murphy Yes
4-
Mayor Pro Tem Danny Kolhage Yes
Commissioner Heather Carruthers Yes
0
Commissioner David Rice Yes
Commissioner Michelle Coldiron Yes
�fltest KV/1 MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
` �Y� Y - < OF MONROE COUNTY, FLORIDA
By. (n
Deputy Clerk Mayor to
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Packet Pg. 2738
Exhibit A Legal Description of Areas
;anal 266
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B,IG PINE KEY AREA
That portion of the unincorporated area of Monroe County bounded on the west by P'ine
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Channel, on the east by Bogie Channel, on the north by the Florida Bay, on the south by U)
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Atlantic Ocean, on the Southeast by Spanish Harbor, and on the Southwest by Newfound 0
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Harbor Channel, all in Monroe County, Florida. U)
Canal 266 is located within the Doctor's Arm subdivision of Big Pine Key. Canal 266 is located 4-
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between Witters Lane and Bailey Lane, east of Matthews Road,
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Packet Pg. 2739
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Exhibit B — Letters from Property Appraiser and Tax Collector
(to be inserted upon receipt)
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MGNROE COUNTY TAX COLLECTC)R
1200 Truman Ave.., Key West, FL 33040
Phone: (305)295-5000 Fax: (305)295-5020
Thursday, December 20, 2018
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MONROE COUNTY TAX COLLECTOR'S
CONSENT TO EXTENSION OF TIME E
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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 C'ommissioriers 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; 2
WHEREAS, the BOCC would like an extension beyond January 1, 2019 to March
1, 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. N
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
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the section 197.3632, Florida Statutes, non-ad valorem method of collection assessments to cv
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,
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Hon. Danise D. Henriquez, CFC
Monroe County Tax Collector
Packet Pg. 2741
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- . B
MONROE COUNTY Sett P. Russell, CFA
PROPERTY APPRAISER MONROE COUNTY PROPERIY
PO BOX 1176
KEY WEST,FLORIDA 33041-1176 1NWWAMAFLORG
Monday, January 14, 2019 O
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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 U)
the Monroe County Board of County Commissioners. 0
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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: ,
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WHEREAS, the Board of County Commissioners must adopt a resolution of intent under Chapter 197, Florida g
Statues in order to collect said assessment on the Tax Collector's tax bill under the Uniform Method of Collection; CL
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WHEREAS, the Board of County Commissioners would like an extension beyond January 1, 2019 to March 1,
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2019 by which to adopt the resolution of intent; and
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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 M
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.
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lHon. Scott P. Russell, FA
Monroe County Property Appraiser
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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)852-713
Packet Pg. 2742
Exhibit C — Proof of Publication
(Insert Proof of Publication)
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Packet Pg. 2743
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The Fkdda greys Only DW1y NewspeAwt Est. 1876 cv
PO Sav IWO,Key Mgt L 3304 r @
P (305) to •7777 ext 210 F.'(e8)29 a
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THE HISTORIC GAT GATO BUILDING
KEG"WEST FL 33040
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STATE Of FLORIDA '
Before the arrudereigned ority fwe�reorneUhy appeared s f//�f/goo ✓r�,�rP r�//�liP�/;,/ � %/Gj/�%%/%/%rid'��%i�!�
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copy of adwreld�tar�aernt,being a to elf Inoifice In the matter of � � '� � % i� �i � /ij'��%�� 0
newspaper Kiln,the issue of; % //i�/�%�' // i� �/i����i�/'i%//i i�ii/ �/i��� CS
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aoh further says that the IKey"feet Citizen is e ne 'epa�
WOMn in said Monroe coluinty,Florida and that the said,ee i i,;,/ /', - /�i;����7,.1�,/�h��//��rj�',/�.�///�,l/���iE//ilj'i��/�,�,, // r/ ��✓�/ t!)
fore Ibeee continuously Ipublished in said Monroe Count
has been entered as periodicals matter at the plost office
Monroe County,Flonda,for ai period of 1 year oe)d procedt
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of the attached copy of adr!ertteeroentp and a iaot f dlhter et � � � n C'el
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commission or refund for the purpose of securIng thane adve M/��
thou�6d the a newspaper.
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Personalty Known_, Produoed identification 2022, �
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Type of Ndontificatuoirn Produced u
Packet Pg. 2744
I John Davey from 30809 Witters Ln Big Pine Key 33043
am in favor of what ever my neighbor's agree to do with
canal rehab, an will support it financially
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