Resolution 230-2019 RESOLUTION NO. 230 -2019
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, CONTINUING THE ASSESSMENTS OF WASTEWATER SERVICE TO PROPERTIES
IN THE BIG COPPITT, DUCK KEY, STOCK ISLAND, CUDJOE REGIONAL CENTRALIZED
INNER AND OUTER ISLAND SERVICE AREAS, EAST/WEST LONG KEY, NO NAME KEY,
MIDDLE/BIG TORCH KEY, AND EXPANDED PARCELS WITHIN THE CUDJOE REGIONAL
SERVICE AREA FOR THE 2019 TAX YEAR;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 20-164 of the Monroe County Code provides that the Board of County
Commissioners will adopt an annual rate resolution during its budget adoption process for each fiscal year
following the initial fiscal year of a wastewater assessment; and
WHEREAS,the Board of County Commissioners of Monroe County, Florida enacted Ordinance
No. 027-2003 relating to the provision of wastewater service and facilities in Monroe County, Florida and
authorizing the imposition and collection of wastewater assessments against property; and
WHEREAS,the Board of County Commissioners of Monroe County, Florida adopted
Resolution 261-2004 relating to the provision of wastewater service to properties in the Stock Island
Service Area, describing the capacity reservation fee, collection costs, and the other terms and conditions
of the non-ad valorem annual wastewater assessments; and
WHEREAS,the Board of County Commissioners of Monroe County, Florida adopted
Resolution 265-2004 that imposed a special assessment to collect Capacity Reservation Fees from certain
parcels within the Stock Island Service Areas to fund that portion of the capital cost of the wastewater
facility being assessed to each owner up to a maximum of$2,700 per Equivalent Dwelling Unit("EDU"),
wherein the number of EDUs for residential properties was assessed based on the number of residential
units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution
265-2004 and the number of EDUs for non-residential properties was based on water consumption; and
WHEREAS,the Stock Island Assessments have been imposed annually since 2004 to recover
Capacity Reservation Fees advanced by Monroe County on behalf of certain parcels within the Stock
Island Service Area; and
WHEREAS,the Board of County Commissioners of Monroe County, Florida adopted
Resolution 116-2017 that imposed a special assessment to collect Capacity Reservation Fees from certain
parcels within the Stock Island Phase 2 Service Area to fund that portion of the capital cost of the
wastewater facility being assessed to each owner up to a maximum of$2,700 per Equivalent Dwelling
Unit("EDU"),wherein the number of EDUs for residential properties were assigned by KW Resort
Utilities, Inc. (KWRU). These parcels were determined to not have paid the Capacity Reservation Fee
included in the Stock Island Assessments covered by Resolution 265-2004; and
WHEREAS,the Stock Island Assessment Phase 2 was imposed in August 2017 to recover
Capacity Reservation Fees advanced by Monroe County on behalf of certain parcels within the Stock
Island Special Assessment Phase 2 which were not collected in the imposition of annually collected
assessments in 2004; and
WHEREAS,the Board of County Commissioners of Monroe County, Florida adopted
Resolution 264-2007 relating to the provision of wastewater service to parcels in the Big Coppitt and
Duck Key Service Areas, describing the system development fee, collection costs, and the other terms and
conditions of the non-ad valorem annual wastewater assessments; and
Monroe County BOCC-Annual Rate Resolution—August 2019 Page 1 of 5
WHEREAS,the Board of County Commissioners of Monroe County, Florida adopted
Resolution 302-2007 that imposed a special assessment to collect System Development Fees from certain
parcels within the Big Coppitt and Duck Key Service Areas to fund that portion of the capital cost of the
wastewater system being assessed to each owner up to a maximum of$4,500 per EDU,wherein the
number of EDUs for residential properties was assessed based on the number of residential units for that
Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 302-2007
and the number of EDUs for non-residential properties was based on water consumption; and
WHEREAS,the Big Coppitt Assessments have been imposed annually since 2007 to pay a
portion of the debt service on Obligations issued in connection with the construction of Wastewater
Collection and Treatment Facilities within the Big Coppitt Service Area; and
WHEREAS,the Duck Key Assessments have been imposed annually since 2007 to fund
construction of a portion of the Duck Key Wastewater Treatment Facility; and
WHEREAS,the Board of County Commissioners of Monroe County, Florida adopted
Resolutions 173-2012, 174-2012, 154-2013, 155-2013, 156-2013, and 157-2015 relating to the provision
of wastewater service to properties in the Cudjoe Regional Centralized Service Area, describing the
System Development Fee, collection costs, and the other terms and conditions of the non-ad valorem
annual wastewater assessments; and
WHEREAS,the Board of County Commissioners of Monroe County, Florida adopted
Resolutions 197-2012, 198-2012, 184-2013, 185-2013, and 186-2013 that imposed a special assessment
to collect System Development Fees from certain parcels within the Cudjoe Regional Centralized Service
Area to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to
a maximum of$4,500 per EDU,wherein the number of EDUs for residential properties was assessed
based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at
the time of the adoption of Resolutions and the number of EDUs for non-residential properties was based
on water consumption; and
WHEREAS, assessments on properties within the Cudjoe Regional Centralized Service Area
have been imposed annually since 2012 to pay a portion of the debt service on Obligations issued in
connection with the construction of and the wastewater system; and
WHEREAS,the Board of County Commissioners of Monroe County, Florida adopted
Resolution 157-2013 relating to the provision of wastewater service to supplemental parcels in the Big
Coppitt and Duck Key Service Area, describing the System Development Fee, collection costs, and the
other terms and conditions of the non-ad valorem annual wastewater assessments; and
WHEREAS,the Board of County Commissioners of Monroe County, Florida adopted
Resolution 212-2013 that imposed a special assessment to collect System Development Fees from certain
supplemental parcels within the Big Coppitt and Duck Key Service Area,to fund that portion of the
capital cost of the wastewater facility being assessed to each owner up to a maximum of$4,500 per EDU,
wherein the number of EDUs for residential properties was assessed based on the number of residential
units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution
212-2013 and the number of EDUs for non-residential properties was based on water consumption; and
WHEREAS,the Assessments on the supplemental parcels within the Duck Key Service Area
have been imposed annually since 2013 to fund construction of a portion of the Duck Key Wastewater
Treatment Facility; and
WHEREAS,the Board of County Commissioners of Monroe County, Florida,adopted
Resolution 157-2015, relating to the provision of wastewater service to parcels on East/West Long Key,
Monroe County BOCC-Annual Rate Resolution—August 2019 Page 2 of 5
No Name Key, Middle/Big Torch Key, and Expanded Parcels within Cudjoe Regional Wastewater
Service Area; and
WHEREAS,the Board of County Commissioners of Monroe County, Florida adopted
Resolution 185-2015 that imposed a special assessment to collect System Development Fees from certain
parcels within East/West Long Key and No Name Key and Middle/Big Torch Key to fund that portion of
the capital cost of the wastewater facility being assessed to each owner up to a maximum of$4,500 per
EDU,wherein the number of EDUs for residential properties was assessed based on the number of
residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of
Resolution 185-2015 and the number of EDUs for non-residential properties was based on water
consumption; and
WHEREAS, assessments on properties within East/West Long Key and No Name Key and
Middle/Big Torch Key and Expanded Parcels within the Cudjoe Regional Wastewater Service Area have
been imposed annually since 2015 to pay a portion of the debt service on Obligations issued in connection
with the construction of and the wastewater treatment system; and
WHEREAS, Section 2.02 of Resolution 261-2004 established the assessment term for Stock
Island to be 5, 10 or 20 years; and
WHEREAS,the 10 year assessment term for Stock Island expired in 2013 and the 20 year
assessment term for Stock Island will expire in 2023; and
WHEREAS, Section 2.02 of Resolution 116-2017 established the assessment term for Stock
Island Phase 2 to be 20 years; and
WHEREAS, Section 2.02 of Resolution 264-2007 established the assessment term for Big
Coppitt and Duck Key to be 20 years; and
WHEREAS, Section 2.02 of Resolution 173-2012 established the assessment term for Cudjoe
Regional Centralized Inner Islands to be 20 years; and
WHEREAS, Section 2.02 of Resolution 174-2012 established the assessment term for Cudjoe
Regional Centralized Outer Islands to be 20 years; and
WHEREAS, Section 2.02 of Resolution 154-2013 established the assessment term for the
Cudjoe Regional Centralized Inner Islands Service Area supplemental parcels to be 20 years; and
WHEREAS, Section 2.02 of Resolution 155-2013 established the assessment term for the
Cudjoe Regional Centralized Outer Islands Service Area supplemental parcels to be 20 years; and
WHEREAS, Section 2.02 of Resolution 156-2013 established the assessment term for parcels in
Venture Out to be 20 years; and
WHEREAS, Section 2.02 of Resolution 157-2013 established the assessment term for the Big
Coppitt and Duck Key Service Area supplemental parcels to be 20 years; and
WHEREAS, Section 2.02 of Resolution 157-2015 established the assessment term for
East/West Long Key and No name Key and Middle/Big Torch Key and Expanded Parcels within Cudjoe
Regional to be 20 years; and
WHEREAS,the annual assessment revenue is necessary to repay debt obligations and capital
construction costs; and
Monroe County BOCC-Annual Rate Resolution—August 2019 Page 3 of 5
WHEREAS,assessment rolls have been approved by the Board of County Commissioners as
part of each of the above-referenced resolutions
NOW THEREFORE,BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS,FLORIDA,AS FOLLOWS:
Section 1.0 The non-ad valorem annual assessment will be levied at a rate of$ 207.73 per EDU for those
property owners who elected to pay the Capacity Reservation Fee over 20 years as previously noticed for
the Stock Island assessment program.
Section 2.0 The non-ad valorem annual assessment will be levied at a rate of $211.37 per EDU for those
property owners who elected to pay the Capacity Reservation Fee over 20 years as previously noticed for
the Stock Island Phase 2 assessment program.
Section 3.0 The non-ad valorem annual assessment initially levied at the rate of$441.00 per EDU for the
Big Coppitt and Duck Key assessment programs was lowered to $271.88 per EDU in 2013. The amount
actually charged in 2013 was $343.02. A credit of$71.14 per EDU was applied to outstanding balances
and the annual rate of 271.88 began in 2014. The annual amount for 2019 will continue at a set rate of
$271.88 per EDU.
Section 4.0 The 2019 non-ad valorem annual assessment for the Cudjoe Regional Centralized assessment
tax rolls are:
• The annual amount for the Inner Islands tax roll which started in 2012 is set at a rate of$302.53
per EDU.
• The annual amount for the Outer Islands tax roll which started in 2013 is set at a rate of$310.29
per EDU.
• The annual amount for the tax roll for the Inner and Outer Islands Supplemental parcels expanded
in January 2013 within Cudjoe Regional is set at a rate of$308.93 per EDU.
• The annual amount for the parcels in the July 2015 Cudjoe-Long Key expansion (No Name Key,
Torches, 35 additional properties, and Long Key)will be levied at a rate of$337.10 per EDU.
Section 5.0 The non-ad valorem annual assessment will be levied at the rate of$329.24 per EDU for the
Big Coppitt and Duck Key Supplemental Service Area assessment programs.
Section 6.0 The non-ad valorem annual assessment will be levied at the rate of$337.10 per EDU for
East/West Long Key and No Name Key.
Section 7.0. The assessment rolls for the above-referenced Service Areas for the upcoming fiscal year,
previously approved by the Board of County Commissioners in connection with the above-referenced
resolutions, are hereby approved.
[remainder of page left blank]
Monroe County BOCC-Annual Rate Resolution—August 2019 Page 4 of 5
Section 8.0. The effective date of this Resolution is August 21, 2019.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida, at a
meeting of said Board held on the 21'day of August 2019.
Mayor Sylvia Murphy Yes
Mayor Pro Tem Danny Kolhage Yes
Commissioner Michelle Coldiron Yes
Commissioner Heather Carruthers Yes
Commissioner David Rice Yes
;.' BOARD OF COUNTY COMMISSIONERS
OF MONROEOUNTY,FLORIDA
. A �' , 9 BY:
•
ryaRry 1�
Attest: Kevin Madok, Clerk
Deputy Clerk
APPROVED AS TO FORM:
MONROE COUNTY ATTORNEY'S OFFICE
Digitally signed by Cynthia L Hall
DN:cn=Cynthia L Hall,
t• ci=Monroe County BOCC,ou,
amail=hall-
cynthi a@monroecounty-fl.gov,
• (71 c=US
N - � Date:2019.09.17102253-04'00'
•
Oar. 3--
cD C.)..
411C
2' Lit;
� i�-'
L4.1
10— -0
•
•• c,
N
Monroe County BOCC-Annual Rate Resolution—August 2019 Page 5 of 5
KIY'VWEST
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F.(305)295-8025
legals@keysnews.com
MONROE CO WASTEWATER
The Gato Building
1100 Simonton St. #2-216
KEY WEST FL 33040
Account: 143346 Ticket: 305362 FNOTICEIS
INTENTION TO OON�DER
PUBLISHER'S AFFIDA\ N OF COUNTY RESOLUTION
STATE OF FLORIDA BY GIVEN TO WHOM IT MAY CONCERN that on
[legal , at 1:30 pm, or as soon thereafter, at the Harvey
COUNTY OF MONROE Government Center, 1200 Truman Avenue, Key West, FL 33040,
Florida,Monroe County,Florida,the Board of County Commissioners of
Monroe County,Florida,intends to consider the adoption of the following
Before the undersigned authority personally appeared County resolution:
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
1rnt who on oath says that he or she is CONTINUING THE ASSESSMENTS OF WASTEWATER
SERVICE TO PROPERTIES IN THE BIG COPPITT, DUCK
sr) 0 M, i KEY, STOCK ISLAND, CUDJOE REGIONAL CENTRALIZED
(0 of the Key West Citizen, a daily INNER AND OUTER ISLAND SERVICE AREAS,EAST/WEST
newspaper published ik Key Wdst, in Monroe County, Florida; that the attached LONG KEY,NO NAME KEY,MIDDLE/BIG TORCH KEY,AND
EXPANDED PARCELS WITHIN THE CUDJOE REGIONAL
copy of advertsement, being a legal notice in the matter of was published in said SERVICE AREA FOR THE 2019 TAX YEAR;AND PROVIDING
newspaper in the issues of:
AN EFFECTIVE DATE.
Pursuant to Section 286.0105,Florida Statutes,notice is given that if a
Wednesday, July 31, 2019 person decides to appeal any decision made by the Board with respect to
any matter considered at such hearings or meetings,he will need a record
of the proceedings,and that,for such purpose,he may need to ensure
that a verbatim record of the proceedings is made,which record includes
Affiant further says that the Key West Citizen is a newspaper published in Key the testimony and evidence upon which the appeal is to be based.
West, in said Monroe County, Florida and that the said newspapers has hereto- ADA ASSISTANCE.If you are a person with a disability who needs
fore been continuously published in said Monroe County, Florida every day, and special accommodations in order to participate in this proceeding,
has been entered as periodicals matter at the post office in Key West, in said please contact the County Administrator's Office,by phoning(305)
Monroe County, Florida, for a period of 1 year next preceding the first publication 292-4441,between the hours of&30 a.m.-5.00 p.m.,no later than
of the attached copy of advertisement; and affiant further says that he or she has flue (5) calendar days prior to the scheduled meeting, if you are
neither paid nor promised any person, firm or corporation any discount, rebate, hearing or voice impaired,call"711"%
commission or refund for the purpose of securing this advertisement for publica- Dated at Key west,Florida,this 23rd day of July,2019.
tion In the Said new r. Kevin Madok,Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County,Florida
a
( ignature ofAffiant)
7/
Af d and subs pd before me this th day of July 2019 R •� low
(No I ublic Signatur )
July 37,2019 Key West Citizen
(Notary,P blic Printed Name)% (Notary Seal)
My commission expires
Suelynn per
Personally Known X Produced Identification_ �c • =COMMISSION tam
32802
Type of Identification Produced GG
"- r EXPIRES:June 17, 2022022
Boned Thru Aaron Notary
` ,.—; ,,. • E:11 Vt\,E.ST
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO WASTEWATER
The Gato Building
1100 Simonton St. #2-216
KEY WEST FL 33040
Account: 143346 Ticket: 305362 NOTICE OF INTENTION TO CONSIDER
PUBLISHER'S AFFIDA\ ADOPTION OF COUNTY RESOLUTION
STATE OF FLORIDA NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
[legal August 21, 2019 at 1:30 pm, or as soon thereafter, at the Harvey
COUNTY OF MONROE Government Center, 1200 Truman Avenue, Key West, FL 33040,
Florida,Monroe County,Florida,the Board of County Commissioners of
Monroe County,Florida,intends to consider the adoption of the following
Before the undersigned authority personally appeared County resolution:
A RESOLUTION OF THE BOARD OF COUNTY
M ICOMMISSIONERS OF MONROE COUNTY, FLORIDA,
Skit 6lirct i i e_s ,who on oath says that he or she is CONTINUING THE ASSESSMENTS OF WASTEWATER
SERVICE TO PROPERTIES IN THE BIG COPPITT, DUCK
Qr^ rn„ I�Ue /' KEY, STOCK ISLAND, CUDJOE REGIONAL CENTRALIZED
I t f Y L I � of the Key West Citizen, a daily INNER AND OUTER ISLAND SERVICE AREAS,EAST/WEST
newspaperpublished i t, in Monroe County, Florida;that the attached LONG KEY,NO NAME KEY,MIDDLE/BIG TORCH KEY,AND
KeyEXPANDED PARCELS WITHIN THE CUDJOE REGIONAL
copy of advertiement, being a legal notice in the matter of was published in said SERVICE AREA FOR THE 2019 TAX YEAR;AND PROVIDING
AN EFFECTIVE DATE.
newspaper in the issues of:
% Pursuant to Section 286.0105, Florida Statutes, notice is given that if a
Wednesday,July 31, 2019 person decides to appeal any decision made by the Board with respect to
any matter considered at such hearings or meetings,he will need a record
of the proceedings,and that,for such purpose,he may need to ensure
that a verbatim record of the proceedings is made,which record includes
Affiant further says that the Key West Citizen is a newspaper published in Key the testimony and evidence upon which the appeal is to be based.
West, in said Monroe County, Florida and that the said newspapers has hereto AOA ASSISTANCE:If you are a person with a disability who needs
fore been continuously published in said Monroe County, Florida every day, and special accommodations in order to participate in this proceeding,
has been entered as periodicals matter at the post office in Key West, in said please contact the County Administrator's Office,by phoning(305)
Monroe County, Florida,for a period of 1 year next preceding the first publication 292-4441,between the hours of 8:30 a.m. -5:00 p.m.,no later than
of the attached copy of advertisement;and affiant further says that he or she has five (5) calendar days prior to the scheduled meeting; if you are
hearing or voice impaired,call"711".
neither paid nor promised any person,firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publica- Dated at Key West,Florida,this 23rd day of July,2019.
tion in the said new r. Kevin Madok,Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County,Florida
(Signature ofAffiant)
3iOuch 144ev
d a/d s,bs •s-d before me this,oth day of July 2019 LOry
Aff Ky
T
aeecr,.wu,e$!kg
(No -1'ublic Signat 1
..> :, amoe c.,o..
"45
/ /Its &hai9// July 31,2019 Key West Citizen
(Notary ' blic Printed Name)��--�� (Notary Seal)
My commission expires �'' ,- i-
y��4'¢' � Suelynn Stamper
Personally Known X Produced Identification_ �•c �, COMMISSION GG232801_
Type of Identification Produced '�''' •.•;•`,N.a EXPIRES:June 27,
2022
Bonded lbru Aaron Notary