Item Q1 Q.1
G BOARD OF COUNTY COMMISSIONERS
County of MonroeMayor 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
August 21, 2019
Agenda Item Number: Q.1
Agenda Item Summary #5370
BULK ITEM: No DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider adoption of a Final Assessment
Resolution for Monroe County, Florida, to collect special assessments within the Monroe County
Canals Municipal Services Benefit Unit (MSBU) to pay for ongoing operation and maintenance
(O&M) costs for an existing canal water quality restoration project (air curtain) on Canal 266 on Big
Pine Key; stating a need for such levy; 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 Final Assessment Resolution addresses one of the canals: Canal 266 on Big Pine
Key. An air curtain was placed on Canal 266. 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.
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
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benefit unit (MSBU). Canal restoration work falls within the definition of"other essential facilities
and municipal services." Collection of an assessment for the first time requires four steps: Approval
of an ordinance creating the MSBU and authorizing the special assessment; approval by the BOCC
of a resolution signifying notice of intent to use the non-ad valorem method in F.S. 197.3632 to
collect the assessments (on the tax bills); adoption of an Initial Assessment Resolution; and adoption
of a Final Assessment Resolution at a public hearing.
In October 2017, the BOCC adopted Ordinance No. 021-2017 (the "Ordinance"). The Ordinance
created and established the MSBU and 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 Resolution No. 033-2019, indicating notice of intent to collect
special assessments for the canal restoration program on Canal 266 beginning in October 2019. On
July 17, 2019, the BOCC adopted the Initial Assessment Resolution (Resolution No. 200-2019).
Today's public hearing represents the final step toward collection of the special assessment
beginning on the tax bill that appears in November 2019.
The details of the amounts of the assessments and the properties on which the assessments would be
levied were laid out in the Initial Assessment Resolution. Today's FAR asks for approval of those
assessments and properties.
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.
7/17/2019: BOCC approval of Initial Assessment Resolution, Resolution No. 200-2019.
CONTRACT/AGREEMENT CHANGES:
Not applicable
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Monroe County Canal FAR Canal 266 rev
Monroe County IAR Canal 266 executed
Ordinance 0212017 creation MSBU canal restoration
FINANCIAL IMPACT:
Effective Date: August 21, 2019
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Expiration Date:
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
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: Approx. $30K per year x 20 years.
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Rhonda Haag Completed 07/29/2019 9:21 AM
Rhonda Haag Completed 07/29/2019 9:23 AM
Cynthia Hall Completed 07/29/2019 9:26 AM
Budget and Finance Completed 07/29/2019 9:38 AM
Maria Slavik Completed 07/29/2019 11:27 AM
Kathy Peters Completed 07/30/2019 5:03 PM
Board of County Commissioners Pending 08/21/2019 9:00 AM
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MONROE COUNTY, FLORIDA
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MONROE COUNTY CANAL RESTORATION
OPERATIONS AND MAINTENANCE SERVICES .�
ASSESSMENT PROGRAM >
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FINAL ASSESSMENT RESOLUTION
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CANAL 266
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ADOPTED AUGUST 21, 2019 c
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TABLE OF CONTENTS
PAGE
SECTION 1. AUTHORITY..................................................................................4
SECTION 2. DEFINITIONS................................................................................4
SECTION 3. CREATION OF ASSESSMENT AREA........................................4
SECTION 4. INITIAL ASSESSMENT RESOLUTION AMENDED.................5
SECTION 5. CONFIRMATION OF
INITIAL ASSESSMENT RESOLUTION AMENDED.................5
SECTION 6. APPROVAL OF ASSESSMENT ROLL........................................5 U)
SECTION 7. ASSESSMENTS .............................................................................5
SECTION 8. COLLECTION OF ASSESSMENTS.............................................5
SECTION 9. EFFECT OF FINAL ASSESSMENT RESOLUTION...................6 E
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SECTION 10. ASSESSMENT NOTICE................................................................6 0
SECTION 11. PREPAYMENT NOTICE...............................................................7 U)
SECTION 12. SEVERABILITY ............................................................................7
SECTION 13. EFFECTIVE DATE........................................................................7
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APPENDICES:
APPENDIX A: PROOF OF PUBLICATION..........................................................9
APPENDIX B: AFFIDAVIT OF MAILING ..........................................................
APPENDIX C: ASSESSMENT ROLL...................................................................
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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;
IMPOSING ANNUAL MAINTENANCE ASSESSMENTS FOR
PROPERTIES LOCATED WITHIN THE CANAL c
RESTORATION MUNICIPAL SERVICE BENEFIT UNIT;
APPROVING THE NON-AD VALOREM ASSESSMENT n
ROLL; PROVIDING FOR COLLECTION OF MAINTENANCE U)
ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. 0
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WHEREAS, on October 18, 2017, the Board of County Commissioners
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("Board") of Monroe County, Florida adopted Ordinance No 021-2017 0
("Ordinance"), creating and establishing a Monroe County Canals Municipal
Service Unit ("MSBU") to finance canal restoration work and authorizing the
imposition and collection of non-ad valorem assessments within the MSBU for the
enumerated purposes within the Ordinance; and .g
WHEREAS,on July 17,2017,the Board adopted Resolution No.200-2019,
the Initial Assessment Resolution,imposing annual maintenance assessments for an
Assessment Area consisting of properties located on Canal 266 within the MSBU,
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according to the legal description set forth within Appendix C to the Initial
Assessment Resolution and applicable to the parcels identified in Appendix D to the
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Initial Assessment Resolution, directing preparation of the tentative Assessment
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Roll, and further directing provision of mailed and published notice in accordance 0
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with the Ordinance; and c
WHEREAS, in accordance with the provisions of the Ordinance, the
County is required to confirm, modify or repeal the Initial Assessment Resolution
with such amendments as the Board deems appropriate, after hearing comments and
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receiving objections of all interested parties; and
WHEREAS,the Assessment Roll has been prepared and is available within
the Office of the County Administrator, as required by the Ordinance; and
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WHEREAS, as required by the terms of the Ordinance, notice of a public
hearing has been published and mailed to each property owner proposed to be U)
assessed notifying such property owner of the opportunity to be heard; the proof of
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publication and an affidavit of mailing are attached hereto as Appendices A and B 0
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respectively; and
WHEREAS, a public hearing was held on August 21, 2019, and comments 0
and objections of all interested persons have been heard and considered as required
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by the terms of the Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the
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Ordinance, the Initial Assessment Resolution as amended herein, Chapter 125 of the N
Florida Statutes, Article VIII section 1 of the Florida Constitution, and other
applicable provisions of law.
SECTION 2. DEFINITIONS. This Resolution is the Final
Assessment Resolution. All capitalized terms shall have the meanings defined in the 0
Ordinance and the Initial Assessment Resolution.
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SECTION 3. CREATION OF ASSESSMENT AREA. The Air Curtain
Technology Assessment Area is hereby created, to consist of the Tax Parcels shown
on Appendix C (Legal Description of Parcels in Assessment Area) and listed in
Appendix D (Description of Parcels by Assessment Area) to the Initial Assessment
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Resolution.
SECTION 4. INITIAL ASSESSMENT RESOLUTION AMENDED.
A. The Assessment Roll shown in Appendix D to the Initial Assessment
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Resolution is modified slightly to reflect the sale of one property. The revised
Assessment Roll is shown in Appendix C to this Resolution.
B. A sub-paragraph(C)is added to Section 4.03 of the Initial Assessment
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Resolution, to read as follows: "The Tax Parcels on which the Maintenance 0
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Assessment will be imposed is the list of parcels within the Assessment Area, in
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existence as of January 1, 2019." 0
SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT
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RESOLUTION. The Initial Assessment Resolution, as amended, modified and
supplemented herein, is hereby confirmed.
SECTION 6. APPROVAL OF ASSESSMENT ROLL. The Assessment g
Roll, a copy of which is attached hereto as Appendix C, is hereby approved.
SECTION 7. ASSESSMENTS.
A. The Tax Parcels described in the Assessment Roll are found to be
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specially benefited by the Canal Improvement and Maintenance Activities in the
amount of the Maintenance Assessment set forth in the Assessment Roll. The
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methodology set forth in Article IV of the Initial Assessment Resolution, as amended
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herein, for computing the Maintenance Assessments is hereby approved and found 0
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to be a fair and reasonable method of apportioning the Maintenance Costs among c
the benefited properties within the Assessment Area.
B. The Maintenance Assessments computed in the manner set forth in
the Initial Assessment Resolution, as amended herein, are hereby levied and imposed
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on all Tax Parcels described in the Assessment Roll as set forth herein.
C. The maximum amount of assessment that may be collected pursuant
to this Resolution is $104.00 per parcel per month, or $1,247.95 per parcel per year.
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D. Upon adoption by this Final Assessment Resolution, the Maintenance
Assessments shall constitute a lien against the assessed property equal in rank and U)
dignity with the liens of all state, county, district or municipal taxes and other non-
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ad valorem assessments. Except as otherwise provided by law, such lien shall be 0
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superior in dignity to all other liens, titles and claims until paid. The lien shall be
deemed perfected upon adoption by the Board of this Final Assessment Resolution 0
and shall attach to the property included on the Assessment Roll as of the prior
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January 1, the lien date for ad valorem taxes.
SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments
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shall be collected pursuant to the Florida Uniform Assessment Collection Act g
("Act"). Upon adoption of this Final Assessment Resolution, the County
Administrator shall cause the certification and delivery of the Assessment Roll to the
Tax Collector by no later than September 15, in the manner prescribed by the Act.
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SECTON 9. EFFECT OF FINAL ASSESSMENT RESOLUTION. The
adoption of this Final Assessment Resolution shall be the final adjudication of the
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issues presented herein and in the Initial Assessment Resolution, as amended herein
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(including, but not limited to, the method by which the Maintenance Assessments 0
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will be computed, the Assessment Roll, the maximum annual Maintenance c
Assessment, the levy and lien of the Assessments and the terms for prepayment 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 this Final
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Assessment Resolution.
SECTION 10. ASSESSMENT RESOLUTION. The County
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Administrator is hereby directed to record this Resolution as notice of Assessments
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in the Official Records of the Monroe County Clerk of Courts. The preliminary
Assessment Roll shall be retained by the County Administrator and shall be available U)
for public inspection.
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SECTION 11. PREPAYMENT. Pursuant to Section 197.3632(8)(b), 0
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within thirty (30) days following the hearing on this Final Assessment Resolution,
any person having any right, title, or interest in any parcel against which an 0
assessment has been levied may elect to prepay the same in whole. The amount of
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the assessment so prepaid shall be the full amount levied over the term of the
assessment program, without financing costs or administrative costs. For further
information, contact(305) 453-8774. g
SECTION 12. SEVERABILITY. If any clause, section or provision of this
Resolution shall be declared unconstitutional or invalid for any reason or cause, the
remaining portion of said Resolution shall remain in full force and effect and shall
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be valid as if such invalid portion thereof had not been incorporated herein.
SECTION 13. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
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PASSED AND ADOPTED by the Monroe County Board of County
Commissioners at a regular meeting of said Board held on 21 st day of August 2019.
Mayor Sylvia Murphy
Mayor Pro Tem Danny Kolhage
Commissioner Heather Carruthers
Commissioner David Rice 0
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Commissioner Michelle Coldiron
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
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By: Deputy Clerk 0
By: Mayor Sylvia Murphy
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APPROVED AS TO FORM: >
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MONROE COUNTY ATTORNEY'S OFFICE
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Assistant County Attorney
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APPENDIX A
PROOF OF PUBLICATION
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APPENDIX B
AFFIDAVIT OF MAILING
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APPENDIX C
ASSESSMENT ROLL C14
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MAN71EINAINCE COSTS ASSIESSM ENT RCILJL
AlK RE# NAIMIE Annillal Assmt Assint: 0
.1382442 DONO HU E KJEVI N T $1,247.9,5 $104.00
1332451 003,10140-00000,13 DCINO HU E KJEVI N T $1,247.9,5 $104.00 0
138,2523 003,104 10-0000GG CLARK S,HAROINI L $1,247.95 $104.00 U)
1382710 003,20620-000000 BAJJ LEY SIH ARON!5 $J.,Z47.9,5 $104.00
1392604 003,10490-000000 SHEARIN JIERRY'N $1,247.9,5 $104.00
.138,2 509, 003,20700-0000GG S EVO R J E FIFIR E Y'J $1,247.95 $104.00
1382591 003,204 30-00WOO ALESI DENISE M LIV ING TRUST 6/2 BJ2012 $J.,Z47.95 $104.00 E
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1392744 003,10640-00W0,13 MOSS ROBERT IF $1,247.95 $104.00 U)
13821512 003,20500-00W00 DAVEY JOHN $1,247.9,5 $104.00 U)
13825�40 003,104 M-00WOO WILSON KIIICIHAEL G $J.,247.95 $J.04.00 U)
.1332647 003,10540-00W0,13 DlIM4RC0 GIIU:5711NO $1,247.95 $locoo
1382736 003,20630-OGWOO SACKJE77T JOELLE $1,247.95 :$104.00
1332761 RJEIESE WILLIAM KENTON $1,247.9,5 $104.00
.138,2933 003,107 3D-0QC00,G LEJEUNE LARRY W $1,247.95 $104.00 4-
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1382793 003,20690-OGWOO CASEY RICH 4 RD C $1,247.9,5 $104.00 r-
1332698 003,10590-00W013 WEI NIBERG ILAWNWRIENCE READ'7R 446t19,96 $1,247.95 $104.00 .2
138,2469, 003,10350-0000GG SCIABAJRA55,ALFRED $1,247.95 $104.00
1382917 003,207 20-00WOO RUG GIA NO G ECIRG E W $J.,Z47.945 $104.00 0
1392566 003,104 50-00WOO RlfllS,NIE R IIM ICHA E L 1 $1,247.9,5 $104.00
1352396 0031020-000000 IDRE DEVELOPMENT IINC $I,Z47.91 $104.0,0
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1382493 003,103SO-000000 STONE ILIWNO TRUST 11711997 $J.,247.95 $J.04.00
.1332483 003,103 70-00000,13 STONE ILIWIfNO TRUST 1/7/19,97 $1,247.95 $locoo
1382400 003,202'90-00000,0 LANDS MlICHAEL $1,247.9,5 $104.00
1332507 003,10390-000000 KESSEL LIINDA $1,247.9,5 $104.00
1332621 003,10510-000000 MILLER JAMES PA $1,247.95 $locoo feY
.138216-39, 003,205 20-00000,0 MILLER JAMES M $1,247.9,5 $104.00
1332787 003,10620-000000 S,HIRlEY PATRICK $1,247.9,5 $104.00
.138,2779, 003,20670-0000GG ARNOLD FAINTILY IIN17 VfI'V TRUST 3/7/1999, $1,247.95 $104.00
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MONROE COUNTY, FLORIDA
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MONROE COUNTY CANAL RESTORATION
OPERATIONS AND MAINTENANCE SERVICES
ASSESSMENT PROGRAM
INITIAL ASSESSMENT RESOLUTION 0
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CANAL 266
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ADOPTED JULY 17, 2019
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TABLE OF CONTENTS
PAGE
ARTICLE I Cv
AUTHORITY, DEFINITIONS AND LEGISLATIVE FINDINGS
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SECTION1.01. AUTHORITY..................................................................................3
SECTION 1.02. DEFINITIONS 4
SECTION 1.03. INTERPRETATION.......................................................................7
SECTION 1.04. FINDINGS 7 �'
ARTICLE II
NOTICE AND PUBLIC HEARING U)
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SECTION 2.01. PUBLIC HEARING........................................................................9 _
SECTION 2.02. NOTICE BY PUBLICATION 9
SECTION 2.03. NOTICE BY MAIL ........................................................................9
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ARTICLE III
PROPOSED ASSESSMENT AREAS
SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREAS......... 10
ARTICLE IV
MAINTENANCE ASSESSMENTS
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 tto
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GENERAL PROVISIONS
SECTION 5.01. METHOD OF COLLECTION ..................................................... 12
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SECTION 5.02. SEVERABILITY.......................................................................... 12
SECTION 5.03. CONFLICTS 12
SECTION 5.04. EFFECTIVE DATE...................................................................... 12
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APPENDICES:
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. 200 - 2019
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RELATING TO THE CANAL RESTORATION PROGRAM;
IMPOSING ANNUAL MAINTENANCE ASSESSMENTS
FOR PROPERTIES LOCATED WITHIN THE MONROE
COUNTY CANAL 266 MUNICIPAL SERVICE BENEFIT
UNIT; ESTABLISHING LEGISLATIVE FINDINGS
DETERMINING THAT SUCH REAL PROPERTY WILL U)
DERIVE A SPECIAL BENEFIT FROM THE CANAL U)
RESTORATION ACTIVITIES AND THE ONGOING <
OPERATIONS AND MAINTENANCE THEREOF AND
THE REASONABLE APPORTIONMENT OF THE
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ASSESSMENT; ESTABLISHING THE TERMS AND
CONDITIONS OF THE PROPOSED SPECIAL g
ASSESSMENT, INCLUDING ADMINISTRATIVE AND
COLLECTION COSTS; ESTABLISHING THE AMOUNT
AND TERM OF THE ANNUAL CANAL OPERATIONS
AND OPERATION ASSESSMENT FOR EACH PARCEL
OF PROPERTY TO BE ASSESSED BASED ON THE
METHODOLOGY SET FORTH HEREIN; DIRECTING
PREPARATION OF THE ASSESSMENT ROLL; 2
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 OFto
MONROE COUNTY, FLORIDA, AS FOLLOWS:
ARTICLE I
AUTHORITY, DEFINITIONS, LEGISLATIVE FINDINGS
SECTION 1.01. AUTHORITY. This resolution is adopted pursuant to the
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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
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
Ordinance No. 021-2017 ("Ordinance") creating and establishing the Monroe
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County Canals Municipal Service Benefit Unit ("MSBU"); and other applicable
provisions of law.
Section 1.02. DEFINITIONS. This resolution constitutes the Initial Assessment
Resolution as defined in the Ordinance. Any capitalized words and terms not defined
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herein shall have the meaning ascribed to such terms in the Ordinance. Unless the
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 U)
have the following meanings, unless the context hereof otherwise requires.
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"Annual Maintenance Assessment" means the amount computed for each
Parcel pursuant to Section 4.03 hereof.
"Assessment Area" means a geographic area created by this Resolution,
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which is a sub-unit of an MSBU, containing properties that specially benefit from a
Local Improvement, service, facility or program.
"Assessment Coordinator" means the person designated by the County to
be responsible for coordinating the Assessments, or such person's designee.
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"Board" means the Board of County Commissioners of Monroe County,
Florida.
"Canal Improvements" means canal restoration activities performed
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within each of the canals within the MSBU as part of a Local Improvement as
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defined in the Ordinance, including but not limited to organic removal, backfilling,
installation of air curtains, and installation of culverts, or any combination thereof.
"County" means Monroe County, a political subdivision of the State of
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
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
continuing through the next succeeding September 30, or such other period as may E
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be prescribed by law as the fiscal year for the County. U)
"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
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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
County's Official Records on or prior to the effective date of the Final Assessment
Resolution or any subsequent Annual Assessment Resolution.
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"MSBU" means the Monroe County Canals Municipal Service Benefit Unit
described in the Ordinance.
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"Maintenance" or "Maintenance Activities" means the ongoing 0
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operations and maintenance of the canal improvements, including but not limited to
electrical service to operate air curtains and other electrical equipment, regular E
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 cv
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
percent(5%) of the Maintenance Costs; external consultant administrative fee; and a E
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commission paid to the Tax Collector, authorized per F.S. 192.091(2)(b), all U)
distributed on a per Tax Parcel basis.
4-
0
"Maintenance Assessment Roll" means a non-ad valorem assessment roll
relating to the Maintenance Cost of the Maintenance Activities and related expenses.
0
"Maintenance Assessment Statutory Discount Amount" means the
a
amount computed for each Parcel 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
accounting principles, including,without limiting the generality of the foregoing, the 0
to
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
equipment; repair and maintenance of the air curtain equipment, replacement of the
0
U
air curtain equipment;and similar services. "Maintenance Cost"is synonymous with
0
0
"Service Cost" as defined in the Ordinance.
"Ordinance" means Monroe County Ordinance No. 021-2017, the Canal E
Restoration Program Assessment Ordinance.
"Property Appraiser" means the Monroe County Property Appraiser.
6 Packet Pg. 1999
Q.1.b
"Tax Parcel" means a parcel of real property to which the Property
Appraiser has assigned a distinct ad valorem property tax identification number.
"Tax Roll" means the real property ad valorem tax assessment roll
maintained by the Property Appraiser for the purpose of the levy and collection of
0
U)
ad valorem taxes.
"Uniform Assessment Collection Act" means Sections 197.3632 and E
U)
U)
197.3635, Florida Statutes, or any successor statutes authorizing the collection of U)
non-ad valorem Assessments on the same bill as ad valorem taxes,and any applicable
4-
0
regulations promulgated thereunder.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise,
0
words importing the singular number include the plural number,and vice versa. The
a
terms "hereof," "hereby," "herein,""hereto," "hereunder" and similar terms refer to
2
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. X
SECTION 1.03. FINDINGS. It is hereby ascertained, determined and
declared that:
(A) The Board of County Commissioners of Monroe County,Florida,has
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
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
7 Packet Pg. 2000
Q.1.b
curtain will require continued operation of the air curtain in order to maintain the
benefits achieved by these types of technology. All Lots and Tax Parcels within the
MSBU that have received any this technology will also benefit from Maintenance of
the Local Improvements. Without Maintenance of the Local Improvements, the
0
gains achieved through improvement in water quality within the benefitted Lots and
Tax Parcels by the Canal Improvements will be lost. E
U)
U)
0
(D) The Board desires to create the Assessment Area and to collect U)
Maintenance Assessments in order to fund Maintenance Costs.
4-
0
(E) The Canal Improvement, and the related Maintenance Activities,
0
provide a special benefit to the properties located within the Assessment Area, by
0
protecting and enhancing their value,use and enjoyment;promoting health, welfare,
a
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
Assessment Area. 0
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(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
the Maintenance of the Local Improvements by fairly and reasonably allocating the
0
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cost to specially benefitted property.
0
(G) The Board hereby finds that each property within the proposed
MSBU will be benefited by the Maintenance of the Local Improvements in an
amount not less than the Assessment imposed against such property, computed in the
manner set forth in this Resolution.
(H) The Maintenance Assessment will be implemented to provide for
8 Packet Pg. 2001
Q.1.b
mandatory payment of the annual Maintenance Costs by all Tax Parcels within the
MSBU.
ARTICLE II �?
NOTICE AND PUBLIC HEARING
SECTION 2.01. PUBLIC HEARING. A public hearing will be conducted by the 0
Board at 1:30 P.M., or as soon thereafter as the matter can be heard, on August 21,
U)
2019,at the Harvey Government Center, 1200 Truman Avenue,2°d Floor,Key West, 0
U)
U)
Florida, 33040 to consider adoption of a Final Assessment Resolution that will (A)
create Assessment Areas, (B) impose Assessments, and (C) authorize collection of
the Assessments pursuant to the Florida Uniform Assessment Collection Act.
SECTION 2.02. NOTICE BY PUBLICATION. Upon completion of the initial
Assessment Roll, the Assessment Coordinator shall publish a notice of the public
hearing on adoption of a Final Assessment Resolution as authorized by Section 2.01 2
hereof in the manner and the time provided in Section 3.04 of the Ordinance and
Section 197.3632. Such notice shall be in substantially the form attached hereto as
x
Appendix A.
N
SECTION 2.03. NOTICE BY MAIL. Upon completion of the initial Assessment
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 0
authorized by Section 2.01 hereof to each real property owner proposed to be
0
assessed at the address indicated on the Tax Roll. Such notice shall be mailed at least
twenty (20) days prior to the public hearing, in accordance with Section 197.3632,
F.S., and shall be in substantially the form attached hereto as Appendix B.
9 Packet Pg. 2002
Q.1.b
ARTICLE III
PROPOSED ASSESSMENT AREA
SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA.
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(A) The Board proposes to create an assessment area for the Tax Parcels
more particularly described in Appendix C attached hereto. The assessment area(the 0
"Air Curtain Technology Assessment Area") shall consist of Tax Parcels shown in
Appendix C, on Canal 266 (Big Pine Key) and listed in Appendix D, Description of
U)
U)
Parcels by Assessment Area. Each Tax Parcel has received the Local Improvements
consisting of air curtain technology.
(B) The Assessment Area is proposed for the purpose of funding
0
cu
Maintenance Activities within the MSBU and for the purpose of improving the use
0
and enjoyment of property by funding the ongoing operations and maintenance of
the Local Improvements. 2
ARTICLE IV
MAINTENANCE ASSESSMENTS
SECTION 4.01. ESTIMATED MAINTENANCE COST. The 0
to
to
estimated annual Maintenance Cost for the Tax Parcels within the Air Curtain
Technology Assessment Area is $34,942.60 per Fiscal Year. This Maintenance
Cost will be funded through the imposition of Maintenance Assessments against
0
real property located in the Air Curtain Technology Assessment Area in the manner
0
set forth in this article.
SECTION 4.02. IMPOSITION OF MAINTENANCE ASSESSMENTS.
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
10 Packet Pg. 2003
Q.1.b
Article. The Maintenance Assessments shall be imposed for a period of twenty (20)
years. 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 each Fiscal Year shall constitute a lien upon the Tax Parcels located
0
in the MSBU,pursuant to the Ordinance.
SECTION 4.03. COMPUTATION OF MAINTENANCE ASSESSMENTS.
U)
U)
(A) The annual Maintenance Assessments shall be computed for each
Tax Parcel located in the MSBU by: adding the annual Maintenance Cost together
4-
with the Collection Cost, plus a five per cent (5%) reserve for the under-collection
of assessments due to the discount on annual property tax bills allowed for property
owners who pay prior to March 1 ("Maintenance Assessment Statutory Discount
a
Amount"). This sum is then divided by the sum by the total number of Tax Parcels
within the Assessment Area. The result is the portion of the Maintenance Costs
attributable to each Tax Parcels.
(B) The above calculations shall be completed on an annual basis for
to
to
purposes of the Maintenance Assessments.
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SECTION 4.04. MAINTENANCE ASSESSMENT ROLL.
The Assessment Coordinator is hereby directed to prepare a final estimate of
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the Maintenance Assessments and to prepare the initial Maintenance Assessment
r_
0
Roll in the manner provided in the Ordinance. The Assessment Coordinator shall
apportion the Maintenance Cost among the Tax Parcels of real property within the
MSBU and within each Assessment Area as reflected on the Tax Roll in conformity
with this Article. The estimate of Maintenance Cost and the Maintenance
11 Packet Pg. 2004
Q.1.b
Assessment Roll shall be maintained on file at the office of the Assessment
Coordinator and open 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 Assessment for each Tax Parcel can be determined by use of a
0
computer terminal available to the public.
ARTICLE V E
GENERAL PROVISIONS U)
0
U)
U)
SECTION 5.01. METHOD OF COLLECTION. The Assessments shall be
4-
levied and collected pursuant to the Florida Uniform Assessment Collection Act,F.S.
197.3632 and 197.3635.
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
2
remaining portion of said Resolution shall be in full force and effect and be valid as
if such invalid portion thereof had not been incorporated herein.
SECTION 5.03. CONFLICTS. All resolutions or parts thereof in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 5.04. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
0
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0
0
12 Packet Pg. 2005
Q.1.b
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 17th day of July 2019.
Mayor Sylvia Murphy Yes
Mayor Pro Tem. Danny Kolhage Yes �?
Commissioner Heather Carruthers Yes
Commissioner Michelle Coldiron Yes
a Commissioner David Rice Yes
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♦tif^hyo T U)
KEVIN MADOK, Clerk of Circuit BOARD OF COUNTY
Court and Ex-Officio Clerk to the COMMISSIONERS OF MONROE
Board of County Commissioners COUNTY, FLORIDA
By: Deputy Clerk By:Aayorlvia Murphy
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-_;z .MONAOE COUN��TTSY ATTORNEY
APP �.D Aif.T 17�1�1!
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ti N C ! Date.
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13 Packet Pg. 2006
APPEADIX A
F(")RM OF'NOTICTITO BE PUBLISHED
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To fie flub fished on or betbre hily 31,2019
C
NOTIC'E OF INTENTION TO CONSIDER ADOPTION OF
COUNTY FINAL ASSESSMEINT RE'SOLUT,ION 0
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NOTICE IS HERFIBY CIVEN ]'0 W110M I I' MAY CONC71"RN that on August 21,2019,at 1-30
C
p.m. or as scion thereafter as may be heard,at the 14arvey Government Center, 12001'rumart Aveime, 0
E
2"" Floor, Key West, FL 33040,the Board of County(,"onlinissioners of'Monroe County, Ilorida, will hold as U)
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public hearing to coils ider approva I ot"Ifie fbHowing("ourily restflution: 0
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Monroe County, Florida
('anal Restoration Pro rasa
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Final Assessment Resolution 4-
0
C
A REISOLUTION OF THE BOARD OFCOUNTY COMMISSIONERSOF NIONROE
CL
COUNTY, FLORIDA, RELATING TO THE CANAL, RUSTORATION PROGRAM; 0
IMPOSING ANNUAL MAINTENANCE ASSESSMENTS FOR PROPER"HES 'a m
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LOCATED WITHIN THE CANAL RESTORATION MUNICIPAL SERVICE 0
BFNEIAT UNIT; APPROVING' THE NON-AD VALOREM ASSESSMENT >ROLL; Cm
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PROVIDING' FOR COLLECTION OF MAINTENANCE ASSESSMENTS; AND
PROVIDINC AN EFFECTIVE DATE.
.2
The figure below depicts ihe Assessrilent Areas witflin the Canai Restoration Municipal Service flenefit t Jilit
sub ect to 1he assessnlents:
Canal Restoration-#266
x
as
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C
C
0
0
C
0
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Canal 266 134, Pine Key, FL, E
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The public hearing is being held for 0ic purpose oh-eceiving pubiic comment oil the proposedassessulenIs and
Collcuion of they assessincrit on the ad valorem lax hils. All dfcded property owners have the ripht (o appicat"
and 11,rovide input at tile fic"irim" and may file written ob cctions with the Counly Adininistrator at any little
prior to 0ie public inecling or Avithin twenty(20)clays following publication ofihis notice, whichever is greater.
The Assessinents luwe been proposed to fund ongoing,, anrlual maimenance costs I'm the canals, including but
14 1 Packet Pg. 2007
Q.1.b
not limited to cost of electricity to run air curtains, vegetation removal and related services. The assessment
for each parcel of property will be based upon the number of Tax Parcels in the Assessment Area. A more
specific description is set forth in the Initial Assessment Resolution adopted by the Board of County
Commissioners on July 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
Administrator's Office, 1100 Simonton St., Suite 2-268, Key West Florida 33040, between the hours of 8:00 �?
a.m.and 4:30 p.m.,Monday through Friday.
The annual assessment rates are:
$1,247.95 per Tax Parcel in the Air Curtain Technology Assessment Area
The 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 U)
a tax certificate to be issued against the real property which may result in a loss of title. 0
U)
If you have any questions,please contact Rhonda Haag at(305)453-8775 Monday through Friday between
8:00 a.m. and 4:30 p.m.
4-
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
ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be CL
made.
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
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
date of the hearing. If you are hearing or voice impaired,call `71 L'
(SEAL) KEVIN MADOK,Clerk of the Circuit Court and ex officio
IL
Clerk of the Board of County Commissioners of Monroe
County,Florida
x
Publication as display ad with border on the following dates:
Reporter
Keynoter
KW Citizen
0
0
0
15 Packet Pg. 2008
Q.1.b
APPENDIX B
N
FORM OF FIRST CLASS NOTICE TO BE MAILED
U
Monroe County Board of County Commissioners
Sustainability Department , .ps Mayor Sylvia Murphy, Dist. 5
102050 Overseas Hwy., #246 r
-.�_ Mayor Pro Tern Danny Kolhage, Dist.
Key Largo, FL 33037 Michelle Coldiron, Dist. 2 U)
Heather Carruthers, Dist. 3
David Rice, Dist. 4
July 2019 U)
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U)
U)
«OwnerName1»
«OwnerName2»
«OwnerAdd1» AK#:
«OwnerAdd2»
Sequence Number: S12-«SegNum»
«City» «State» «Zip» ((COUNTRY)) Notice Date: July 31, 2019 CL
0
Re: Notice of Proposed Maintenance Special Assessment for Canal 266 Air Curtain
Canal Restoration Program
a
Dear Property Owner: 0
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 0
and maintenance and the number of Tax Parcels 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. r-
U
Monroe County created the Monroe County Canals Municipal Service Benefit Unit to impose special
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. o
0
A more specific description of the improvements and the method of computing the assessment for each
parcel of real property are set forth in the Initial Assessment Resolution adopted by the Board of County
Commissioners on July 17, 2019. Copies of the Canal Restoration Program Assessment Ordinance,the Initial E
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 Tax Parcels on the canal. The annual assessment for each Tax Parcel will include its share of annual
16 Packet Pg. 2009
. Q.1.b
collection costs. An amount is also added to cover the statutory discount applicable to early payment of ad
valorem taxes and special assessments.
The total number of Tax Parcels attributable to the above tax parcel is: 28
The estimated Annual Maintenance Assessment for the above parcel is $1,247.95, which translates to
$104.00 per Tax Parcel per month. d>
The estimated total revenue to be collected for the Air Curtain Technology Assessment Area is 34,943 per Fiscal
Year.
0
U)
You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for August 21,
2019 at 1:30 p.m.at the Harvey Government Building at 1200 Truman Avenue,2nd Floor, Key West, FL 33040.
The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at
www.monroecounty-fl.gov/agendacenter on August 6, 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 U)
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. LL
4-
0
In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs special
0
accommodations to participate in this proceeding, please contact the County Administrator at (305) 292-
CL
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".
0
Questions regarding your assessment and the process for collection may be directed to the Monroe County
Sustainability Department at(305)453-8774, Monday through Friday between 8:00 a.m.and 4:30 p.m.
MONROE COUNTY, FLORIDA
0
0
0
17 Packet Pg. 2010
Q.1.b
APPENDIX C
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LEGAL DESCRIPTION OF PARCELS IN ASSESSMENT AREA
0
U)
Cana1266 Those lots lying on Big Pine Key,"FL adjacent to Canal 266,
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
Mexico. U)
4-
0
0
0
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18 Packet Pg. 2011
Q.1.b
APPENDIX D
DESCRIPTION OF PARCELS BY ASSESSMENT AREA
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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
266, as identified by the parcel identification number provided by the Monroe
County Properly Appraiser.
Alt Key RE# Owner Name Parcels Assessment
1382396 00310280-000000 ANDRE DEVELOPMENT INC 1-0 $1,247.95
1382400 00310290-000000 LANG MICHAEL 1-0 $1,247.95 U)
1382442 00310330-000000 DONOHUE KEVIN T 1-0 $1,247-95
1382451 00310340-000000 DONOHUE KEVIN T 1-0 $1,247-95
1382469 00310350-000000 SCIABARASSI ALFRED 1-0 $1,247-95
LL
1382485 00310370-000000 STONE LIVING TRUST 1/7/1997 1.0 $1,247.95
1382493 00310380-000000 STONE LIVING TRUST 1/7/1997 1.0 $1,247-95
1382507 00310390-000000 KESSEL LINDA 1.0 $1,247-95
1382523 00310410-000000 CLARK SHARON L 1.0 $1,247-95 O
1382540 00310430-000000 A-1 FINANCIAL SERVICES INC 1.0 $1,247.95
1382566 00310450-000000 REISNER MICHAEL D AND SHERYL L 1.0 $1,247-95
1382591 00310480-000000 ALESI DENISE M LIVING TRUST 6/28/2012 1.0 $1,247-95 O
1382604 00310490-000000 SHEARIN JERRY N 1.0 $1,247-95
1382612 00310500-000000 DAVEYJOHN 1-0 $1,247-95
1382621 00310510-000000 MILLER JAMES M 1-0 $1,247-95
1382639 00310520-000000 MILLER JAMES M 1.0 $1,247.95
1382647 00310540-000000 DIMARCO EVELYN H/W 1.0 $1,247-95
1382698 00310590-000000 WEINBERG LAWRENCE REV TR 4/6/1996 1-0 $1,247.95
1382710 00310610-000000 BAILEY SHARON S 1.0 $1,247-95
1382736 00310630-000000 SACKETT JOELLE 1-0 $1,247-95
1382744 00310640-000000 MOSS ROBERT F 1-0 $1,247-95
1382761 00310660-000000 REESEJR WILLIAM KENTON 1-0 $1,247-95
x
1382779 00310670-000000 ARNOLD FAMILY INT VIV TRUST 3/7/1999 1-0 $1,247.95
1382787 00310680-000000 SHIREY PATRICK 1.0 $1,247-95
1382795 00310690-000000 CASEYJR RICHARD C 1.0 $1,247-95
1382809 00310700-000000 SEVOR JEFFREYJ AND SUSAN 1-0 $1,247-95
1382817 00310710-000000 RUGGIANO GEORGE W AND PATRICIA L 1-0 $1,247-95
1382833 00310730-000000 LEIEUNE LARRY W 1-0 $1,247.95
Total 28.0 $34,942.60
O
O
O
19 Packet Pg. 2012
Q.1.c
ORDINANCE NO. 021 - 2017 C14
r
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
COLLECTION OF ASSESSMENTS AGAINST PROPERTY
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,
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 CD
C
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:
2
Packet Pg. 2013
Q.1.c
ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following
0
words and terms shall have the- following meanings, unless the context clearly
otherwise requires:
U)
U)
"Annual Rate Resolution" means the resolution described in Section 3.08 U
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.
"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
U
2
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
hereof or an Annual Rate Resolution pursuant to Section 3.08 hereof.
3
Packet Pg. 2014
Q.1.c
"Assessment Unit" means the unit or criteria utilized to determine the
Assessment for each parcel of property, as set forth in the Initial Assessment
Resolution. "Assessment Units" may include, by way of example only and not limitation,
0
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
U)
permitted land use, trip generation rates, front footage, rights to future trip generation
capacity under applicable concurrency management regulations, property value or any
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.
a
"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
U
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.
"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
0
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
the next succeeding September 30th, or such other period as may be prescribed by law
a
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
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
4
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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2
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
2
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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
4-
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.
SECTION 1.03. FINDINGS.
It is hereby ascertained, determined, and declared that:
(A) Pursuant to Article VIII, 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.
(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. U)
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(D) The purposes of this Ordinance are to: (1) provide procedures and
4
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
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Improvements providing special benefit to subsequently identified property within the
County.
ARTICLE II
GENERAL PROVISIONS
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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
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
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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. U
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
0
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
4
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 0
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.
SECTION 2.04. CORRECTION OF ERRORS AND OMISSIONS.
(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
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
4
method to any particular property not otherwise requiring the provision of notice
pursuant to the Uniform Assessment Collection Act. Any such correction that reduces 0
an Assessment shall be considered valid ab initio and shall in no way affect the
a
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
2
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,
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
is applicable. The lien for an Assessment collected under the Uniform Assessment
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Collection Act shall attach to the property as provided by law. The lien for an
Assessment collected under the alternative method of collection provided in Section
a
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
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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
2
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;
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(3) The number of Assessment Units attributable to each parcel;
(4) The estimated maximum annual assessment for each Assessment
Unit; and
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(5) The amount of the Service Assessment to be imposed against each
Assessed Property. E
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(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
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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.
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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
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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
0
against Assessed Property pursuant to the Uniform Assessment Collection Act and in 2
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
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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
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pursuant to this Ordinance.
(D) Notice by mail for Fiscal Years after the initial Fiscal Year shall be E
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controlled by Section 3.08(D) hereof. U)
SECTION 3.06. FINAL ASSESSMENT RESOLUTION.
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(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
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Resolution for the initial Fiscal Year in which Assessments are imposed or reimposed
hereunder.
SECTION 3.07. EFFECT OF FINAL ASSESSMENT RESOLUTION.
2
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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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the final adjudication of the issues presented (including, but not limited to, the method of
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
2
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
adoption process for each fiscal year following the initial fiscal year for which a service
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
and the annual assessment roll for the ensuing fiscal year. At the public hearing, the
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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
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
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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.
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(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
information: the name of the local governing board; a geographic depiction of the
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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
0
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,
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(2) The method of apportionment is changed or the purpose for which
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the assessment is imposed is substantially changed from that
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represented by the notice previously provided to the owners of
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assessable 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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increased assessment beyond that represented by notice U
previously provided to the owners of assessable property pursuant
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to sections 3.04 and 3.05 hereof, or
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(4) an assessment roll contains assessable property that was not
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included on the assessment roll approved for the prior fiscal year,
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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
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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
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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
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Property, the method of apportionment and assessment, the rate of assessment, the
establishment or increase of a Maximum Assessment Rate, the Assessment Roll, and
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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
action on the Annual Rate Resolution. Nothing contained herein shall be construed or
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
the inclusion of the Assessed Property on an Assessment Roll approved in the Final
Assessment Resolution or any subsequent Annual Rate Resolution.
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(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
COLLECTION AND USE OF ASSESSMENTS
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
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
N
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.
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(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
amount equivalent to the payment delinquency, delinquency fees and recording costs
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
assessment did not employ the use of the Uniform Assessment Collection Act, (2) notice
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is provided to the Owner, and (3) any lien on the affected parcel for the prior year's
iz
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assessment is supplanted and transferred to such Assessment upon certification of a
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non-ad valorem roll to the Tax Collector by the County.
SECTION 4.02. GOVERNMENT PROPERTY. In lieu of using the Uniform
a
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
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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
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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
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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
such Assessment was due. Such notice shall state that the County will initiate a
6
mandamus or other appropriate judicial action to compel payment.
(D) All costs, fees and expenses, including reasonable attorney fees and title E
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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
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Government Property against which a mandamus or other appropriate action is filed
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
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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.
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(E) As an alternative to the foregoing, an Assessment imposed against
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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.
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(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
resolution, to budget and appropriate funds to make u an deficiency in the reserve
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account established for the Obligations or in the payment of the Obligations, from other
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non-ad valorem revenue sources. The Board may also provide, by resolution, for a E
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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
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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
a
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
40 years after their issuance. The Board shall determine by resolution the form of the
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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 D
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,
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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
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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
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or the happening of any other conditions or things than those proceedings, conditions or
things which are specifically required by this Ordinance.
SECTION 5.05. ANTICIPATION NOTES. In anticipation of the sale of
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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.
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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
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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
any such Obligations or the interest thereon or to enforce payment of such Obligations
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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
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the authority of this Ordinance shall be deemed to be trust funds, to be held and applied
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
a
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
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
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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
0
Obligations to be refunded. If the issuance of such refunding Obligations results in an
9 9 9 �
annual Assessment that exceeds the estimated maximum annual Capital Assessments
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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
required by Article IV of this Ordinance.
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ARTICLE VI
MISCELLANEOUS PROVISIONS
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SECTION 6.01. APPLICABILITY. This Ordinance and the Board's authority to
impose assessments pursuant hereto shall be applicable throughout the County.
SECTION 6.02. ALTERNATIVE METHOD.
(A) This Ordinance shall be deemed to provide an additional and alternative
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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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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 liberally 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
of competent jurisdiction, the remaining provisions of this Ordinance shall not be
affected thereby.
SECTION 6.05. CONFLICTS. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict. 0
SECTION 6.06. CODIFICATION. It is the intention of the Board, and it is hereby
a
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
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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Q.1.c
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.
�s
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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(SEAL) ' BOARD OF COUNTY COMMISSIONERS
Atteit:. `KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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BY: BY:
Deputy Clerk Mayor George Neugent
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James Marvin Miller
176 Garland Road
Limestone,TN 37681
August 14,2019
Monroe County
Sustainability Department
102050 Overseas Hwy#246
Key Largo,FL 33037
Re:AK#:1382621 &AK#:1382639
Sequence Number: MC-25&MC-26
July 31,2019
Dear County Administrator:
As a multiple affected property owner affected by the proposed maintenance special assessment
on the canal restoration program for canal number 266 off of Witter Lane,I have objection to the
proposed maintenance assessment to be placed on my lots.The air curtain repair as proposed will
increase my tax burden by 474%.This is not reasonable.
My total property value is only 1.63%of the total appraised value of the land development along
the aforementioned waterway.It is worth noting also that the imposed county restrictions on my
lots are already greater than those of my neighbors.These restrictions have reluctantly been
imposed on my lots over the last 32 years,that I have owned them.
The county indicated the intention of billing me for two lots that is an expense that is not
appropriate for my restricted land.
The annual cost will reduce the resale value of my investment and at the same time be of little
value to myself.
Please veto this proposal,it is unreasonable. •
Sincerely,
ct'1'rZ2a /Y1ctrt,trt ek `fr
ames Marvin Miller
GARO4y41
-2. ACKNOWLEDGMENT
%-Stateof- ' r ' . -) . ;,,I a Ay2y ..14%0 %
County of - 1 . z F
On this 14..day of 0 eS NbILE(_ G Pt
i'p pally applied ®e,.. 1�1. . G� lei tk‘
_o is personally Imoen to me;
'iLithose Identity lre• ell on the bnli6f" a ' 'ti✓l� ,�
wbose Heathy I rill• on the oitblafflrerntlon of '
i credtk vita
tobetdetoe of.1 fo cu',est, od .be. o •:' ,, yt
behhesigned r `� 1 . Ar�ik,1
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My Commluioa Expires ' - ' .. . ,r.
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