Item O20.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers, District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron, District 2
�pw° Danny L. Kolhage, District I
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: 0.2
Agenda Item Summary #6210
BULK ITEM: No DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider approval of a resolution of Monroe
County, Florida announcing notice of intent to use the uniform method of collecting non -ad valorem
special assessments levied within the County toward the cost of providing operations and
maintenance costs for canal restoration projects on Big Pine Key and Key Largo in FY 2021; stating
a need for such levy; and providing for an effective date.
ITEM BACKGROUND: Under F.S. 197.3632(3)(a), if the County wishes to collect non -ad
valorem special assessments in the upcoming fiscal year using the Uniform Method for the levy,
collection and enforcement of non -ad valorem assessments, the County must adopt a resolution at a
public hearing, indicating its intent to collect the special assessments using this method. The public
hearing must be held by January 1, or, if the Tax Collector, Property Appraiser and County agree, by
March 1, with a copy of the resolution mailed, once adopted, to the Tax Collector, Property
Appraiser and Florida Department of Revenue by March 10. As required by statute, notice of the
public hearing has been advertised for four consecutive weeks. This resolution protects the option
for levying the assessments using this method for FY 2021 beginning in November 2020.
In 2017, the County adopted Ordinance No. 021-2017, setting up the entire unincorporated County
as a Municipal Services Benefit Unit. In 2019, the County adopted Resolution No. 229-2019,
establishing an assessment for air curtain operations and maintenance (O&M) for Canal 266 on Big
Pine Key (20 year program).
Staff anticipates that it may wish to bring back to the Commissioners for consideration resolutions
establishing assessment programs to pay for ongoing operations and maintenance for air curtains or
culverts on canals on Big Pine Key or Key Largo. FS 197.3632 and Ordinance 021-2017 state that if
the County intends to consider an assessment program for these canals for FY 2021 beginning with
the tax bill distributed in November 2020, the first step is to adopt this resolution, which announces
the County's intent to impose special assessments in the next fiscal year.
Adoption of the Notice of Intent resolution is merely the first step in the statutory process. Staff will
bring back for approval an Initial Assessment Resolution in Spring 2020 and a Final Special
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Assessment Resolution in July or August 2020. Those resolutions will list specifically the properties
on those islands to be levied and the amount of the assessment for each lot or parcel.
PREVIOUS RELEVANT BOCC ACTION:
10/18/2017: Adoption of Ordinance No. 021-2017, creating Monroe County Canals Municipal
Services Benefit Unit to finance canal restoration.
CONTRACT/AGREEMENT CHANGES:
Not Applicable
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Notice of Intent Resolution Canals FY 20 rev
Ordinance 0212017 creation MSBU canal restoration
FINANCIAL IMPACT:
Effective Date: December 11, 2019 Expiration Date: N/A
Total Dollar Value of Contract: N/A Total Cost to County: $0
Current Year Portion: $0 Budgeted: Yes
Source of Funds: MSBU CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: TBD
Grant: N/A County Match: N/A
Insurance Required: N/A Additional Details:
REVIEWED BY:
Rhonda Haag
Completed
11/06/2019 5:21 PM
Cynthia Hall
Completed
11/06/2019 5:27 PM
Bob Shillinger
Completed
11/15/2019 2:40 PM
Budget and Finance
Completed
11/15/2019 2:45 PM
Maria Slavik
Completed
11/19/2019 10:09 AM
Kathy Peters
Completed
11/19/2019 12:14 PM
Board of County Commissioners
Pending
12/11/2019 9:00 AM
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RESOLUTION NO. - 2019
A RESOLUTION OF MONROE COUNTY, FLORIDA
ANNOUNCING NOTICE OF INTENT TO USE THE UNIFORM
METHOD OF COLLECTING NON -AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN THE COUNTY BEGINNING
WITH THE TAX BILL ISSUED IN NOVEMBER 2020 FOR CANAL
RESTORATION PROJECTS ON BIG PINE KEY AND KEY
LARGO; STATING A NEED FOR SUCH LEVY; PROVIDING FOR
THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on October 18, 2017, Monroe County Board of County Commissioners
("BOCC") adopted Ordinance No. 021-2017 ("Ordinance"), creating a Monroe County Canals
Municipal Service Benefit Unit ("MCBU"), allowing for the future financing of improvements in a
canal restoration program through the collection of non -ad valorem special assessments; and
WHEREAS, under Section 197.3632(3)(a), Florida Statutes, and Section 4.01 of the
Ordinance, if Monroe County ("County") intends to collect a special assessment for the first time
in a geographic area, the County is required to adopt a resolution stating its intent prior to January
1 prior to the tax year in which the assessment will be collected, stating the need for the levy and
the legal description of the boundaries of the real property subject to the levy; and
WHEREAS, Monroe County (the "County") is contemplating the imposition of special
assessments beginning in November 2020 in order to pay for operations and maintenance cost
for air curtains and/or culverts on canals in Key Largo and Big Pine Key, with the boundaries of
the real property shown on Exhibit A to this Resolution, incorporated by reference; and
WHEREAS, the County intends to use the uniform method for the levy and collection of
non -ad valorem special assessments, as authorized by section 197.3632, Florida Statutes,
because this method will allow such special assessments to be collected annually commencing
in November 2019; and
WHEREAS, use of the uniform method provides a benefit to the property owners who are
paying the cost of the canal restoration, in that it allows the property owners to amortize the costs
and pay a portion on each year's tax bill; and
WHEREAS, the assessments are necessary in order to have the property owners of the
properties that receive the benefit of canal restoration programs also pay for ongoing operations
and maintenance of the canal restoration methods; and
WHEREAS, if the County proceeds with the assessment programs, adoption of this
"notice of intent' resolution will be followed by adoption of an initial assessment resolution and
final assessment resolution, later in the Spring, which will provide specific details about (a) the
amount of the assessment, (b) which properties will be subject to the assessment, and (c) the
amount of the assessment for each individual lot or parcel; and
WHEREAS, the County held a duly advertised public hearing prior to the adoption of this
Resolution, proof of publication of such hearing being attached hereto as Exhibit B.
NOW, THEREFORE BE IT RESOLVED:
1. Commencing with the Fiscal Year beginning on October 1, 2020, and with the tax
statement mailed for such Fiscal Year and continuing thereafter until discontinued by the County,
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the County intends to use the uniform method of collecting non -ad valorem assessments
authorized in section 197.3632, Florida Statutes, as amended, for collecting non -ad valorem
assessments for the cost of providing canal restoration on certain properties located on canals
within Big Pine Key and Key Largo. Such non -ad valorem assessments shall be levied within the
County. A legal description of such areas subject to the assessment is attached hereto as Exhibit
A and incorporated by reference.
2. The County hereby determines that the levy of the assessments is needed to fund
the cost of operations and maintenance for the canal restoration projects performed on Canals in
Key Largo and Big Pine Key. .
3. Upon adoption, the County Clerk is hereby directed to send a copy of this
Resolution by United States mail to the Florida Department of Revenue, the Monroe County Tax
Collector, and the Monroe County Property Appraiser by no later than March 1, 2020.
4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the day of December 2019.
Mayor
Mayor Pro Tern
Commissioner
Commissioner
Commissioner
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk
Mayor
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Exhibit A -- Legal Description of Boundaries of Real Property Subject to Levy
KEY LARGO AREA
That portion of the unincorporated area of Monroe County bounded on the west by Florida Bay,
on the north by Latitude 25.291354, on the east by the Atlantic Ocean, and on the south by
Tavernier Creek, in Monroe County, Florida.
BIG PINE KEY AREA
That portion of the unincorporated area of Monroe County bounded on the west by Pine
Channel, on the east by Bogie Channel, on the north by the Florida Bar, o the south by the
Atlantic Ocean, on the Southeast by Spanish Harbor, and on the Southwest by Newfound
Harbor Channel, in Monroe County, Florida.
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Exhibit B — Proof of Publication
(Insert Proof of Publication)
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ORDINANCE NO. 021 - 2017
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
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;
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
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
FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following
words and terms shall have the- following meanings, unless the context clearly
otherwise requires:
"Annual Rate Resolution" means the resolution described in Section 3.08
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
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.
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"Assessment Unit" means the unit or criteria utilized to determine the
Assessment for each parcel of property, as set forth in the Initial Assessment
Resolution. "Assessment Units" may include, by way of example only and not limitation,
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,
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
the Assessment.
"Board" means the Board of County Commissioners of the County.
"Capital Assessment" means a special assessment imposed by the County
pursuant to this Ordinance to fund the Capital Cost or Project Cost, if obligations are
issued, of Local Improvements that provide a special benefit to property as a
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.
"County Administrator" means the chief administrative officer of the County, or
such person's designee.
"Final Assessment Resolution" means the resolution described in Sections
3.06 hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and
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
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.
"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
Cost of Local Improvements and secured, in whole or in part, by proceeds of the
Assessments.
"Ordinance" means this Ordinance, as it may be amended from time -to -time
"Owner" shall mean the Person reflected as the owner of Assessed Property on
the Tax Roll.
"Person" means any individual, partnership, firm, organization, corporation,
association, or any other legal entity, whether singular or plural, masculine or feminine,
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
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.
"Property Appraiser" means the Property Appraiser of Monroe County.
"Resolution of Intent" means the resolution expressing the Board's intent to
collect assessments on the ad valorem tax bill required by the Uniform Assessment
Collection Act.
"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
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.
"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
Obligations.
"Uniform Assessment Collection Act" means Sections 197.3632 and
197.3635, Florida Statutes, as amended from time -to -time, or any successor statutes
authorizing the collection of non -ad valorem assessments on the same bill as ad
valorem taxes, and any applicable regulations promulgated thereunder.
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 Vill, section 1, Florida Constitution, and sections 125.01
and 125.66, Florida Statutes, the County has all powers of local self-government to
perform county functions and to render county and municipal services in a manner not
inconsistent with law and such power may be exercised by the enactment of county
ordinances, including but not limited to the power pursuant to Section 125.01, Florida
Statutes, to establish municipal service benefit units to provide recreation, transportation
and other essential facilities.
(B) The Assessments to be imposed pursuant to this Ordinance shall constitute
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non -ad valorem assessments within the meaning and intent of the Uniform Assessment
Collection Act.
(C) The Assessments to be imposed pursuant to this Ordinance are imposed
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
ministerial.
(D) The purposes of this Ordinance are to: (1) provide procedures and
standards for the imposition of Assessments within the County by resolution under the
general home rule powers of a county to impose special assessments; and (2) authorize
a procedure for the funding of public services, facilities, programs, or Local
Improvements providing special benefit to subsequently identified property within the
County.
ARTICLE II
GENERAL PROVISIONS
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.
SECTION 2.02. CREATION OF ASSESSMENT AREA.
(A) The Board is hereby authorized to create Assessment Areas in accordance
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,
facilities, programs, or Local Improvements proposed for funding from the proceeds of
Assessments to be imposed therein.
(B) Either the Initial Assessment Resolution proposing each Assessment Area
or the Final Assessment Resolution creating each Assessment Area shall include brief
descriptions of the proposed services, facilities, programs, or Local Improvements, a
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
Area.
SECTION 2.02. REVISIONS TO ASSESSMENTS. If any Assessment made under
the provisions of this Ordinance is either in whole or in part annulled, vacated, or set
aside by the judgment of any court of competent jurisdiction, or if the Board is satisfied
that any such Assessment is so irregular or defective that the same cannot be enforced
or collected, or if the Board has omitted to include any property on the Assessment Roll
which property should have been so included, the Board may take all necessary steps
to impose a new Assessment against any property benefited by the Service Costs,
Capital Costs or Project Costs, following as nearly as may be practicable, the provisions
of this Ordinance, and in case such second Assessment is annulled, vacated, or set
aside, the Board may obtain and impose other Assessments until a valid Assessment is
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imposed.
SECTION 2.03. PROCEDURAL IRREGULARITIES. Any informality or
irregularity in the proceedings in connection with the levy of any Assessment under the
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
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
had, taken, and performed as required by this Ordinance; and no variance from the
directions hereunder shall be held material unless it be clearly shown that the party
objecting was materially injured thereby. Notwithstanding the provisions of this Section,
any party objecting to an Assessment imposed pursuant to this Ordinance must file an
objection with a court of competent jurisdiction within the time periods prescribed herein
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
and may be collected as provided in Article VI hereof.
(C) The County Administrator shall have the authority at any time, upon his or
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
method to any particular property not otherwise requiring the provision of notice
pursuant to the Uniform Assessment Collection Act. Any such correction that reduces
an Assessment shall be considered valid ab initio and shall in no way affect the
enforcement of the Assessment imposed under the provisions of this Ordinance. Any
such correction which increases an Assessment or imposes an Assessment on omitted
property shall first require notice to the affected owner in the manner described in
Section 3.05 hereof, as applicable, providing the date, time and place that the Board will
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.
(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
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
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.
ARTICLE III
ASSESSMENTS
SECTION 3.01. GENERAL AUTHORITY.
(A) The Board is hereby authorized to impose an annual Assessment to fund
all 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.
(C) All Service Assessments shall be imposed in conformity with the
procedures set forth in this Article 111.
SECTION 3.02. INITIAL ASSESSMENT RESOLUTION. The first step for the
initial imposition of a Service Assessment shall be the Board's adoption of an Initial
Assessment Resolution (A) describing the property to be located within any proposed
Assessment Area; (B) containing a brief and general description of the services, facilities,
or programs to be provided; (C) determining the Capital Cost, Project Cost or Service
Cost to be assessed; (D) describing the method of apportioning the Capital Cost, Project
Cost or Service Cost and the computation of the Assessments for specific properties; (E)
establishing an estimated assessment rate for the upcoming Fiscal Year; (F) establishing
a Maximum Assessment Rate, if desired by the Board; (G) authorizing the date, time, and
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
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
(5) The amount of the Service Assessment to be imposed against each
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Assessed Property.
0
(B) Copies of the Initial Assessment Resolution and the preliminary
Assessment Roll shall be available in the office of the County Administrator and open to
4-
public inspection. The foregoing shall not be construed to require that the Assessment 0
0
Roll be in printed form if the amount of the Service Assessment for each parcel of
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property can be determined by use of a computer terminal available to the public.
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
Uniform Assessment Collection Act.
SECTION 3.05. NOTICE BY MAIL.
(A) For the initial Fiscal Year in which an Assessment is imposed by the Board
against Assessed Property pursuant to the Uniform Assessment Collection Act and in
addition to the published notice required by Section 3.04, the County Administrator shall
provide notice of the proposed Service Assessment by first class mail to the owner of
each parcel of property subject to a Service Assessment.
(B) The mailed notice shall conform to the requirements set forth in the Uniform
Assessment Collection Act.
(C) Notice shall be deemed mailed upon delivery thereof to the possession of
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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
pursuant to this Ordinance.
(D) Notice by mail for Fiscal Years after the initial Fiscal Year shall be
controlled by Section 3.08(D) hereof.
SECTION 3.06. FINAL ASSESSMENT RESOLUTION.
(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
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
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.
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
0
the final adjudication of the issues presented (including, but not limited to, the method of U)
apportionment and assessment, the Maximum Assessment Rate, the initial rate of
4-
assessment, the initial Assessment Roll, and the levy and lien of the Assessments), 0
unless proper steps are initiated in a court of competent jurisdiction to secure relief
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within twenty (20) days from the date of Board action on the Final Assessment
a.
Resolution. The initial Assessment Roll, as approved by the Final Assessment
Resolution, shall be delivered to the Tax Collector, or the Property Appraiser if so
directed by the Tax Collector, or if an alternative method is used to collect the Service
Assessments, such other official as the Board by resolution shall designate.
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
necessary or appropriate. In addition, the Board shall make such changes,
modifications or additions as necessary to conform the preliminary annual assessment
roll with the adopted rate resolution and this article. The Board may continue said public
hearing to a date and time certain without the necessity of further public notice to allow
prior to final adoption increases, decreases or revisions to the Preliminary Rate or for
such other reason deemed necessary in the sole discretion of the board. Upon
completion of such public hearing the Board may approve the Annual Rate Resolution
(C) Notice of the public hearing for the Annual Rate Resolution shall be
published in a newspaper of general circulation within the county, at least twenty (20)
days prior to the public hearing. The published notice shall contain at least the following
information: the name of the local governing board; a geographic depiction of the
property subject to the assessment; the proposed schedule of the assessment; the fact
that the assessment will be collected by the tax collector; and a statement that all
affected property owners have the right to appear at the public hearing and the right to
file written objections within 20 days of the publication of the notice.
(D) In the event that the uniform method of collection provided for in the
Uniform Assessment Collection Act is used and:
(1) The proposed service assessment for any fiscal year exceeds the
maximum assessment rate included in notice previously provided
to the owners of assessable property pursuant to sections 3.04
and 3.05 hereof,
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(2) The method of apportionment is changed or the purpose for which
the assessment is imposed is substantially changed from that
represented by the notice previously provided to the owners of
assessable property pursuant to sections 3.04 and 3.05 hereof,
(3) Assessable property is reclassified in a manner that results in an
increased assessment beyond that represented by notice
previously provided to the owners of assessable property pursuant
to sections 3.04 and 3.05 hereof, or
(4) an assessment roll contains assessable property that was not
included on the assessment roll approved for the prior fiscal year,
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
the owner to receive such supplemental 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 pursuant to this article.
(E) As to any Assessed Property not included on an Assessment Roll approved
by the adoption of the Final Assessment Resolution or a prior year's Annual Rate
Resolution, the adoption of the succeeding Annual Rate Resolution shall be the final
adjudication of the issues presented as to such Assessed Property (including, but not
limited to, the determination of special benefit and fair apportionment to the Assessed
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.
(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.
(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
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
is provided to the Owner, and (3) any lien on the affected parcel for the prior year's
assessment is supplanted and transferred to such Assessment upon certification of a
non -ad valorem roll to the Tax Collector by the County.
SECTION 4.02. GOVERNMENT PROPERTY. In lieu of using the Uniform
Assessment Collection Act to collect Assessments from Government Property, the
County may elect to use any other method authorized by law or provided by this Section
as follows:
(A) The County shall provide Assessment bills by first class mail to the Owner
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
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
mandamus or other appropriate judicial action to compel payment.
(D) All costs, fees and expenses, including reasonable attorney fees and title
search expenses, related to any mandamus or other action as described herein shall be
included in any judgment or decree rendered therein. All delinquent owners of
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
Assessments and any other costs incurred by the County as a result of such delinquent
Assessments and the same shall be collectible as a part of or in addition to, the costs of
the action.
(E) As an alternative to the foregoing, an Assessment imposed against
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 up any deficiency in the reserve
account established for the Obligations or in the payment of the Obligations, from other
non -ad valorem revenue sources. The Board may also provide, by resolution, for a
pledge of or lien upon proceeds of such non -ad valorem revenue sources for the benefit
of the holders of the Obligations. Any such resolution shall determine the nature and
extent of any pledge of or lien upon proceeds of such non -ad valorem revenue sources
SECTION 5.02. TERMS OF THE OBLIGATIONS. If issued, the Obligations shall
be dated, shall bear interest at such rate or rates, shall mature at such times as may be
determined by resolution of the Board, and may be made redeemable before maturity,
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
Obligations, the manner of executing such Obligations, and shall fix the denominations
of such Obligations, the place or places of payment of the principal and interest, which
may be at any bank or trust company within or outside of the State of Florida, and such
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
receipts, interim certificates, or temporary Obligations, exchangeable for definitive
Obligations when such Obligations have been executed and are available for delivery
The Board may also provide for the replacement of any Obligations which shall become
mutilated, destroyed or lost. Obligations may be issued without any other proceedings
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
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
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.
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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0.2.b
taxation whatever therefore. No holder of any such Obligations shall ever have the right
to compel any exercise of the ad valorem taxing power on the part of the County to pay
any such Obligations or the interest thereon or to enforce payment of such Obligations
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
County, except the Pledged Revenue.
SECTION 5.07. TRUST FUNDS. The Pledged Revenue received pursuant to
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
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.
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
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
Obligations to be refunded. If the issuance of such refunding Obligations results in an
annual Assessment that exceeds the estimated maximum annual Capital Assessments
set forth in the notice provided pursuant to Section 4.05 hereof, the Board shall provide
notice to the affected property owners and conduct a public hearing in the manner
required by Article IV of this Ordinance.
ARTICLE VI
MISCELLANEOUS PROVISIONS
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
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
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.
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
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.
SECTION 6.06. CODIFICATION. It is the intention of the Board, and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Monroe County in a new Article VI within Chapter 26 ("Waterways"); that the
sections of this Ordinance may be renumbered or relettered to accomplish such
intentions; and that the word "Ordinance" shall be changed to "Section" or "Article" or
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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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.
Mayor George Neugent
Yes
Mayor Pro Tern David Rice
Yes
Commissioner Danny Kolhage
Yes
Commissioner Heather Carruthers
Yes
Commissioner Sylvia Murphy
No
(SEAL
Attet:.'`KEVIN MADOK, CLERK
BY:
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: A'e'
Mayor George Neugent
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