Item N1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Public Hearing: 3:00 p.m.
Meeting Date: 08/20/2014 Division: Public WorLsfflpdg"enn
Bulk Item: Yes — No X Department: Wastewater —
Staff Contact Person/Phone#:Kevin Wilson X8797
AGENDA ITEM WORDING: Approval of a resolution to continue the imposition of the Cudjoe
Regional Centralized Inner Islands annual wastewater assessment at a rate of$302.53 per EDU; and to
continue the imposition of the Cudjoe Regional Centralized Outer Islands annual wastewater
assessment at a rate of'$310.29 per EDU; and to continue the imposition Big Coppitt and Duck Key
annual wastewater assessments at a rate of$271.88 per EDU;and to continue imposition of the Stock
Island annual wastewater assessments at a rate of$207.73 per EDU for those property owners who elected to
pay the Capacity Reservation Fee over 20 years. The administrative cost associated with the imposition of
wastewater assessments is paid from the collection of the annual assessments.
ITEM BACKGROUND: Collection of annual assessments began for the Stock Island Service Area
for the 2004 tax year via Resolution 265-2004. Collection of annual assessments for the Big Coppitt
and Duck Key Service Areas began for the 2007 tax year via Resolution 302-2007. Collection of
annual assessments began for the Cudjoe Regional Centralized Inner Islands for the tax year 2012 via
Resolution 197-2012. Collection of annual assessments began for the Cudjoe Regional Centralized
Outer Islands for the tax year 2013 via Resolution 198-2012.
PREVIOUS RELEVANT BOCC ACTION: Adoption of an annual rate resolution is required by
County Ordinance 027-2003. On July 15, 2003, the BOCC enacted Ordinance No. 027-2003 to
authorize the imposition of special assessments to fund the cost of wastewater treatment capacity.
CONTRACT/AGREEMENT CHANGES:N/A.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $41000.00 (admin. costs) INDIRECT COST:—BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:$43_,000.00 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
OMB c ing Risk Managerne APPROVED BY: County Atty ait
-1("1
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM#
Revised 7/09
RESOLUTION NO. -2014
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 AND THE CUDJOE REGIONAL
CENTRALIZED INNER AND OUTER ISLAND SERVICE AREAS FOR THE 2014 TAX YEAR;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Board of County Commissioners of Mon-roe County, Florida has 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 System Development Fees from certain
parcels of property 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
of property within the Stock Island Service Area; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted
Resolution 264-2007 relating to the provision of wastewater service to properties 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
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 of property 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 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 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
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WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted
Resolution 173-2012 relating to the provision of wastewater service to properties in the Cudjoe Regional
Centralized Inner Islands 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 197-2012 that imposed a special assessment to collect System Development Fees from certain
parcels of property within the Cudjoe Regional Centralized Inner Islands 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
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 197-2012 and the number of EDUs for non-residential properties
was based on water consumption; and
WHEREAS, the Cudjoe Regional Centralized Inner Islands Assessments have been imposed
annually since 2012 to pay a portion of the debt service on Obligations issued in connection with the
construction of Wastewater Collection and Treatment Facilities within the Cudjoe Regional Centralized
inner Islands District; and
WHEREAS,the Board of County Commissioners of Monroe County,Florida adopted
Resolution 174—2012 relating to the provision of wastewater service to properties in the Cudjoe
Regional Centralized Outer Islands, 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 198-2012 that imposed a special assessment to collect System Development Fees from certain
parcels of property within the Cudjoe Regional Centralized Cudjoe Outer Islands 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
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 detennined by the Property Appraiser at
the time of the adoption of Resolution 198-2012 and the number of EDUs for non-residential properties
was based on water consumption; and "
WHEREAS, the Cudjoe Regional Centralized Outer Islands Assessments have been imposed
annually since 2013 to pay a portion of the debt service on Obligations issued in connection with the
construction of Wastewater Collection and Treatment Facilities within the Cudjoe Regional Centralized
Inner Islands District;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 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
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WHEREAS, the annual assessment revenue is necessary to repay debt obligations and capital
construction costs.
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 the rate of$339.97 per EDU for those
property owners who elected to pay the Capacity Reservation Fee over 10 years and at a rate of$207.73
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 initially levied at the rate of$44 1.00 per EDU for the
Big Coppitt and Duck Key assessment programs was lowered to $271.88 per EDU in 2013. The annual
amount for 2014 will continue at a set rate of$271.88 per EDU.
Section 3.0'The non-ad valorem annual assessment initially levied at the rate of$538.00 per EDU for the
Cudjoe Regional Centralized Inner Islands assessment programs was lowered to $302.53 per EDU in
2013.The annual amount for 2014 will continue at a set rate of$302.53 per EDU.
Section 4.0 The non-ad valorem annual assessment initially levied at the rate of$538.00 per EDU for the
Cudj oc Regional Centralized Outer Islands assessment programs was lowered to $3 10.29 per EDU in
2013 .The annual amount for 2014 will continue at a set rate of$310.29 per EDU.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
meeting of said Board held on the 20th day of August 2014.
Mayor Sylvia Murphy
Mayor Pro Tern Danny Kolhage .................
Commissioner George Neugent ..................
Commissioner Heather Carruthers
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
BY:
(Seal)
Attest: Amy Heavilin,Clerk
Deputy Clerk MONROE COUNTY ATTORNEY
P R 02�V�_D A S ..1.0 OR
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RATE RESOLUTION
AGENDA BACKUP
A) COPY OF NOTICE TO CONSIDER ADOPTION OF COUNTY
RESOLUTION - � ��
B) ORDINANCE 027-2003 -- AUTHORIZING THE IMPOSITION
AND COLLECTION OF WASTEWATER ASSESSMENTS
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY RESOLUTION
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 20, 2014 at 3:00
P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas
Highway, Mile Marker 50, Marathon, Florida, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the adoption of the following County
resolution:
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 AND CUDJOE REGIONAL CENTRALIZED
INNER AND OUTER SERVICE AREAS FOR THE 2014 TAX
YEAR; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a 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 the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding,please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. -5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting,
if'you are hearing or voice impaired, call "711".
Dated at Key West, Florida, this 24th day of July, 2014.
AMY HEAVILIN, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County,Florida
Publication dates:
KW Citizen (Tu)
Keynoter (Wed)
Reporter (Fr)
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ORDINANCE NO. 027-2003
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA;
RELATING TO THE PROVISION OF WASTEWATER
SERVICES AND FACILITIES IN MONROE COUNTY,
FLORIDA; AUTHORIZING THE IMPOSITION AND
COLLECTION OF WASTEWATER ASSESSMENTS
AGAINST PROPERTY;PROVIDING CERTAIN DEFINITIONS
INCLUDING A DEFINITION FOR THE TERM
"WASTEWATER ASSESSMENT"; ESTABLISHING A
PROCEDURE FOR IMPOSING WASTEWATER
ASSESSMENTS; PROVIDING THAT WASTEWATER
ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED
PROPERTY UPON ADOPTION OF ASSESSMENT ROLL;
PROVIDING THAT THE LIEN FOR A WASTEWATER
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; PROVIDING A PROCEDURE FOR
COLLECTION OF WASTEWATER ASSESSMENTS;
PROVIDING A MECHANISM FOR THE IMPOSITION OF
ASSESSMENTS ON GOVERNMENT PROPERTY;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
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BE IT ORDAINED BYTHE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
ARTICLE l
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 2.08 of this
Ordinance,establishing the rate at which an Annual Wastewater Assessment for a specific
Fiscal Year will be computed. The Final Assessment Resolution shall constitute the
Annual Rate Resolution for the initial Fiscal Year in which an Annual Wastewater
Assessment is imposed or reimposed.
"Annual WastewaterAssessment"means a special assessment lawfully imposed
by the Board against Assessed Property to permit payment of the Assessable Costs over
a period of years.
"Assessable Costs"means the amount computed by adding(A)the amount of the
Capacity Fee and (B) all costs associated with the structure, implementation, collection,
and enforcement of the Annual Wastewater Assessments, including any service charges
of the County, Tax Collector, or Property Appraiser and amounts necessary to off-set
discounts received for early payment of Annual Wastewater Assessments pursuant to the
Uniform Assessment Collection Act and any other costs or expenses related to the
collection of the Assessment Costs.
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"Assessed Property"means all parcels of land included on the Assessment Roll
that receive a special benefit from the delivery of the wastewater services and facilities
identified in the Initial Assessment Resolution or the Annual Rate Resolution.
"Assessment Interest Amount" mears-the annual interest rate charged against
the unpaid Assessable Costs by a Utility Providerpursuant to a duly enacted resolution.
"Assessment Roll" means the sgeddl assessment roll relating to a Annual
Wastewater Assessment approved by a Final Assessment Resolution pursuant to Section
2.06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof.
"Board" means the Board of County Commissioners of Monroe County, Florida
"Building"means anystructure,whether temporaryor permanent,built for support,
shelter or enclosure of persons, chattel, or property of any kind, including mobile homes.
This term shall include the use of land in which lots or spaces are offered for use, rent or
lease for the placement of mobile homes,travel trailers,orthe like for residential purposes.
"Capacity Fee" means the fee established by a Utility Provider in the Utility Rate
Resolution to fund the capital cost of the wastewater capacity attributable to a Connection.
"Clerk" means the Clerk of the Circuit Court for Monroe County, Florida, as
ex-officio Clerk of the Board and such other person as may be duly authorized to act on
his or her behalf.
"Connection" means the physical interconnection of a Building's sanitary sewer
system to a central sewage system provided by a Utility Provider.
"Consent and Acknowledgment Agreement"means the agreement,required as
provided in Sections 2.02 and 2.03 of this Ordinance, as a condition precedent to the
Owner receiving the privilege of paying the Assessable Costs in installments as an Annual
Wastewater Assessment rather than as a lump sum at the time of Connection. The
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Consent and Acknowledgment Agreement shall provide for the consent of the Owner to
the imposition of an Annual Wastewater Assessment against the Owner's property,
acknowledge the total Assessable Costs, acknowledge the amount and use of the Annual
Wastewater Assessment, confirm the benefit accruing to the Owner's Property from the
Assessable Costs and the imposition of the Annual Wastewater Assessment,confirm the
Assessment Interest Amount, confirm the Wastewater Assessment Term for the
installment payment of the Annual Wastewater Assessment, acknowledge the maximum
Annual Wastewater Assessment and that failure to pay the Annual Wastewater
Assessmentwill cause a tax certificate to be Issued against the Owner's propertywhich will
result in a loss of title under the Uniform Assessment Collection Act, and waive the
provision of first class mailed notice provided forunderthe Uniform Assessment Collection
Act.
"County" means Monroe County, Florida.
"County Administrator" means the chief administrative officer of the County,
designated by the Board to be responsible for coordinating the Annual Wastewater
Assessments, or such person's designee.
"Final Assessment Resolution" means the resolution described in Section 2.06
hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which
shall be the final proceeding for the initial imposition of Annual Wastewater Assessments.
"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.
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"Government Property" means property owned by the United States of America
or any agency thereof, a sovereign state or nation, 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 Section 2.02
hereof which shall be the initial proceeding for the identification of the Assessable Costs
for which an assessment is to be made and for the imposition of an Annual Wastewater
Assessment.
"Initial Wastewater Assessment Installment"means the initial installment in the
Wastewater Assessment Term required to be paid at the time of the execution of a
Consent and Acknowledgment Agreement as a condition for an Owner to exercise the
privilege to pay the Assessable Costs in installments as provided in Section 2.03 of this
Ordinance.
"Initial Wastewater Assessment Notice" means the initial certification provided
by a Utility Provider required under Section 2.02 of this Ordinance for the preparation of
the Initial Assessment Resolution.
"Ordinance" means this Wastewater Assessment Ordinance, as amended from
time-to-time.
"Owner" means 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.
"Property Appraiser" means the Monroe County Property Appraiser.
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"Supplemental Annual Wastewater Assessment" means a new Annual
Wastewater Assessment not included or the Initial Assessment Roll certified by the Utility
Provider or in a Supplemental Wastewater Assessment Notice previously certified by the
Utility Provider pursuant to Section 2.08 of this Ordinance.
"Supplemental Wastewater Assessment Notice"means the certification required
under Section 2.08 of this Ordinance for the preparation of an Annual Rate Resolution
provided by the Utility Provider for Fiscal Years subsequent to the Fiscal Year in which the
Initial Assessment Resolution is prepared.
"Tax Collector" means the Monroe County Tax Collector.
"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.
"Uniform Assessment Collection Act" means sections 197.3632 and 197.3635,
Florida Statutes, 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.
"Utility Rate Resolution" means the schedule of rates, fees, and charges duly
approved by the Board or by a Utility Provider.
"Utility Provider" means all publicly owned wastewater utilities operating in the
unincorporated area of the County and all privately owned wastewater utilities operating
within the unincorporated area of the County where the County has purchased utility
capacity from that utility, including, but not limited to, the Florida Keys Aqueduct Authority,
the Key Largo Wastewater Treatment District and the KW Resort Utility operating within
South Stock Island.
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"Wastewater Assessment Term"means the numberof installments,excluding the
Initial Assessment Installment, that an Annual Wastewater Assessment is to be imposed
as documented in the Initial Wastewater Assessment Notice or a Supplemental
Wastewater Assessment Notice. The Wastewater Assessment Term shall not exceed a
time period of twenty (20)years.
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 similarterms referto 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 sense indicates otherwise.
SECTION 1.03. GENERAL 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 Board has all powers of local self-government to perform
county functions and to render county services in a manner not inconsistent with law,and
such power may be exercised by the enactment of County ordinances.
(B) A reduction in the amount of costs due at the time of Connection from the
Owners of properties required to connect to a central sewage system by the availability of
an Annual Wastewater Assessment option that permits Assessable Costs to be paid over
a period of years provides a special benefit to property and encourages properties to
connect to a central sewage system on a timely basis.
(C) The Annual Wastewater Assessment authorized by this Ordinance provides
an equitable method of funding the Assessable Costs.
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(D) The purpose of this Ordinance is to(1)provide procedures and standards for
the imposition of an Annual Wastewater Assessment by the County under the general
home rule powers of a county to impose special assessments; (2)identify the Assessable
Costs to be collected in installments by the imposition of the Annual Wastewater
Assessments; (3) authorize a procedure for the funding of wastewater facilities providing
special benefits to property within the County; and (4) legislatively determine the special
benefit provided to Assessed Property from the provision of wastewater facilities and
services.
(E) The Annual Wastewater Assessment, to be imposed using the procedures
provided in this Ordinance, shall constitute non-ad valorem assessments within the
meaning and intent of the Uniform Assessment Collection Act.
(F) The Annual Wastewater Assessment to be imposed using the procedures
provided in this Ordinance are imposed by the Board, not the Clerk, Property Appraiser or
Tax Collector. The duties of the Clerk, Property Appraiser and Tax Collector under the
provisions of this Ordinance and the Uniform Assessment Collection Act are ministerial.
SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT.
It is hereby ascertained and declared that the wastewater services and facilities comprising
the Assessable Costs provide a special benefit to properly because wastewater services
and facilities possess a logical relationship to the use and enjoyment of improved property
by: (1) facilitating the development of property and increasing the use and enjoyment
thereof; (2) positively affecting the marketability and market value of the property by the
presence of a central sewage treatment service; (3) properly and safely disposing of
sewage generated on improved property;and(4)enhancing improved property through the
environmentally responsible use and enjoyment of the property.
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ARTICLE II
ANNUAL WASTEWATER ASSESSMENTS
SECTION 2.01. GENERAL AUTHORITY.
(A) The Board is hereby authorized to impose an Annual Wastewater
Assessment to fund all or any portion of the Assessable Costs upon benefitted property
at a rate of assessment based on the special benefit accruing to such property from a
Utility Provider's provision of wastewater services and facilities. All Annual Wastewater
Assessments shall be imposed in conformity with the procedures set forth in this Article II.
(B) Annual Wastewater Assessments shall be imposed for a term of years, not
to exceed twenty (20) years, in equal annual amounts sufficient to pay the Assessable
Costs and the Assessment Interest Amount.
(C) Nothing contained in this Ordinance shall be construed to require the
imposition of an Annual Wastewater Assessment against Government Property.
SECTION 2.02. INITIAL PROCEEDINGS.
(A) At the time of Connection, an Owner shall pay directly to the Utility Provider
the Capacity Fee required by the Utility Provider under its utility service rules and
regulations as a condition of Connection or an Owner may elect to pay the Capacity Fee
together with an Assessable Interest Amount and all other Assessable Costs in
installments in the form of an Annual Wastewater Assessment assessed against such
property over a set period not to exceed twenty(20)years. In the event a property Owner
elects the privilege to pay an Annual Wastewater Assessment in installments,such Owner
will sign a binding Consent and Acknowledgment Agreement with the County prior to
Connection and shall pay the Initial Wastewater Assessment Installment as required in
Section 2.03 of this Ordinance.
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(B) As a condition pursuant to the initial imposition of an Annual Wastewater
Assessment, the Utility Provider shall certify to the County, prior to June 1, an Initial
Wastewater Assessment Notice containing the following information:
(1) A list of the Owners who have elected the privilege of paying the
Annual Wastewater Assessment in installments and a copy of the Consent and
Acknowledgment Agreement executed by such Owner;
(2') Summary description of each parcel of property (conforming to the
description contained on the Tax Roll) subject to the Annual Wastewater Assessment;
(3) The name of the Owner of each parcel as shown on the Tax Roll;
(4) The Assessable Costs attributable to each parcel;
(5) The Annual Wastewater Assessment amount;
(6) The term of years for the installment payment of the Annual
Wastewater Assessment;
(7) The applicable Assessment Interest Amount; and
(8) Acknowledgment of receipt of the Initial Wastewater Assessment
Installment for each parcel of property.
(C) Thereafter,the initial proceeding for the imposition of an Annual Wastewater
Assessment shall be the adoption of an Initial Assessment Resolution by the Board, (1)
describing the properties electing to pay the Assessable Costs in installments by the
imposition of an Annual Wastewater Assessment, (2)determining the Assessable Costs
to be assessed against each property,(3)establishing the Annual Wastewater Assessment
amount for the ensuing Fiscal Year,(4)confirming the Wastewater Assessment Term;and
(5)directing the County Ad'ministratorto(a)prepare the initial Assessment Roll,as required
by Section 2.04 hereof, and (b) publish the notice required by Section 2.06 hereof.
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SECTION 2.03. CONDITIONS ON ELECTION TO PAY THE ASSESSABLE
COSTS IN INSTALLMENTS. As a condition pursuant to the Owner receiving the privilege
of paying the Assessable Costs in installments the County and the Owner shall enter into
a Consent and Acknowledgment Agreement and the Ownershall pay to the Utility Provider
the Initial Wastewater Assessment Installment.
SECTION 2.04. INITIAL ASSESSMENT ROLL.
(A) The County Administrators hall prepare,ordirect the preparation of,the initial
Assessment Roll, 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.
(3) The amount of the Annual Wastewater Assessment to be imposed
against each such parcel of Assessed Property.
(B) The initial Assessment Roll shall be retained bythe County Administrator and
shall be open to public inspection. The foregoing shall not be construed to require that the
Assessment Roll be in printed form if the amount of the Annual Wastewater Assessment
for each parcel of property can be determined by use of a computer terminal available to
the public.
SECTION 2.05. NOTICE BY PUBLICATION. Upon completion of the initial
Assessment Roll, the County Administrator shall publish,or direct the publication of,once
In a newspaper of general circulation within the County a notice stating that at a meeting
of the Board on a certain day and hour, not earlier than 20 calendar days from such
publication,which meeting shall be a regular,adjourned,or special meeting,the Board will
hear objections of all interested persons to the Final Assessment Resolution and approve
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the aforementioned initial Assessment Roll. The published notice shall conform to the
requirements set forth in the Uniform Assessment Collection Act.
SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the
public hearing as noticed pursuant to Sections 2.05 hereof, or to which an adjournment or
continuance may be taken by the Board, the Board shall receive any oral or written
objections of interested persons and may then,or at any subsequent meeting of the Board
adopt the Final Assessment Resolution which shall(A)confirm, modify,or repeal the Initial
Assessment Resolution with such amendments, if any, as may be deemed appropriate by
the Board; (B) impose the Annual Wastewater Assessment; (C) approve the initial
Assessment Roll,with such amendments as it deems just and right; and (D)determine the
method of collection. The adoption of the Final Assessment Resolution by the Board shall
constitute a legislative determination that all parcels assessed derive a special benefit from
the wastewater services and facilities, to be provided or constructed and a legislative
determination that the Annual Wastewater Assessment is fairly and reasonably
apportioned among the properties that receive the special benefit. All written objections
to the Final Assessment Resolution shall be filed with the County Administrator at or before
the time or adjourned time of such hearing. The Final Assessment Resolution shall
constitute the Annual Rate Resolution for the initial Fiscal Year in which an Annual
Wastewater Assessment is imposed or reimposed hereunder.
SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION. The
Annual Wastewater Assessment for the initial Fiscal Year shall be established upon
adoption of the Final Assessment Resolution. The adoption of the Final Assessment
Resolution shall be the final adjudication of the issues presented(including, but not limited
to, the reasonableness of the legislative determination of special benefit and fair
12
apportionment to the Assessed Property; the reasonableness of the method of
apportionment; the enforceability and accuracy of the calculation of the initial rate of
assessment and the preparation of the initial Assessment Roll; and the validity and
enforceability of the lien of the Annual Wastewater Assessment),unless proper steps shall
be initiated in a court of competent jurisdiction to secure relief within 20 days from the date
of the Board action on the Final Assessment Resolution. The initial Assessment Roll, as
approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, as
required by the Uniform Assessment Collection Act,or if the alternative method described
in Section 3.02 hereof is used to collect the Annual Wastewater Assessments,such other
official as the Board by resolution shall designate.
SECTION 2.08. 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 during the Wastewater
Assessment Term.
(B) As the initial proceedings for the adoption of an Annual Rate Resolution the
Utility Provider shall certify prior to June 1 of each Fiscal Year a Supplemental Wastewater
Assessment Notice containing the following information:
(1) For each Supplemental Annual Wastewater Assessment:(a)summary
description of the parcel subject to the assessment (conforming to the description
contained on the Tax Roll); (b)the name of the Owner of the parcel assessed as shown
on the Tax Roll; (c) the Assessable Costs, Annual Wastewater Assessment amount,
Wastewater Assessment Term and Assessment Interest Amount attributable to the
assessed parcel for the Supplemental Annual Wastewater Assessment; and (d)
13
acknowledgment of the receipt of the Initial Wastewater Assessment for the parcel subject
to the Supplemental Annual Wastewater Assessment;
(2) Any deletions of an Annual Wastewater Assessment imposed against
a parcel of property or a previously adopted Assessment Roll as a consequence of the
prepayment of unpaid Assessable Costs pursuant to any right of prepayment provided by
resolution.
(C) Based on the information provided in the Supplemental Wastewater
Assessment Notice, the Board shall adopt an Annual Rate Resolution:
(1) Authorizing the date,time,and place of a public hearing to receive and
consider comments from the public and consider the adoption of the Annual Rate
Resolution for the upcoming Fiscal Year; and
(2) Directing the County Administrator to(a)update the Assessment Roll,
(b)provide notice by publication pursuant to Section 2.05 herein (c)provide notice by first
class mail to affected Owners in the event circumstances described in subsection (E) of
this Section so require, and (d) directing and authorizing any supplemental or additional
notice deemed proper, necessary or convenient by the County.
(D) The Annual Rate Resolution shall (1) establish the Annual Wastewater
Assessment to be imposed in the upcoming Fiscal Year and (2)approve the Assessment
Roll forthe upcoming Fiscal Yearwith such adjustments as the Board deems justand right.
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, that are
provided and confirmed in the Final Assessment Resolution or any subsequent Annual
Rate Resolution.
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(E) In the event(1)the proposed Annual Wastewater Assessment for any Fiscal
Year exceeds the maximum rate of assessment provided in the Consent and
Acknowledgment Agreement, (2) the purpose for which the Annual Wastewater
Assessment is Imposed or the use of the revenue from the Annual Wastewater
Assessment is substantially changed from that acknowledged in the Consent and
Acknowledgment Agreement, or (3) Assessed Property is reclassified or the method of
apportionment is revised or altered resulting in an increased Annual Wastewater
Assessment from that represented in any publication provided pursuant to Section 2.05 or
acknowledged in the Consent and Acknowledgment Agreement, notice shall be provided
first class mail to the Owners of such Assessed Property. Such notice shall substantially
conform with the notice requirements set forth in the Uniform Assessment Collection Act
and inform the Owner of the date, time, and place for the adoption of the Annual Rate
Resolution. The 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 an Annual Wastewater Assessment imposed by the Board
pursuant to this Ordinance.
(F) As to any Assessed Property not included on an Assessment Roll approved
by the adoption of the Final Assessment Resolution or a prioryearAnnual 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
reasonableness of the legislative determination of special benefit and fair apportionment
to the Assessed Property; the reasonableness of the method of apportionment; the
enforceability and accuracy of the calculation of the initial rate of assessment and the
re aration of the initial Assessment oll•p pR and the validity
t and enfor
ceability
of the lien of
15
the Annual Wastewater Assessment), unless proper steps shall be initiated in a court of
competent jurisdiction to secure relief within 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 Annual Wastewater Assessment not challenged within the
required 20-day period for those Annual Wastewater 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.
(G) 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, or
if the alternative method described in Section 3.02 hereof is used to collect the Annual
Wastewater Assessment, such other official as the Board by resolution shall designate.
If the Annual Wastewater Assessment against any property shall be sustained, reduced,
or abated by the court, an adjustment shall be made on the Assessment Roll.
SECTION 2.09. LIEN OF ANNUAL WASTEWATER ASSESSMENTS. Upon
the adoption of the Assessment Roll,all Annual Wastewater Assessments shall constitute
a lien against Assessed Property equal in rank and dignity with the liens of all state,county,
district,or municipal taxes and special assessments. Except as otherwise provided bylaw,
such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims,
until paid. The lien for an Annual Wastewater Assessment shall be deemed perfected
upon the Board's adoption of the Final Assessment Resolution or the Annual Rate
Resolution, whichever is applicable. The lien for an Annual Wastewater Assessment
collected under the Uniform Assessment Collection Act shall attach to the property
included on the Assessment Roll as of the prior January 1, the lien date for ad valorem
16
taxes imposed under the Tax Roll. The lien for an Annual Wastewater Assessment
collected under the alternative method of collection provided in Section 3.02 shall be
deemed perfected upon the Board's adoption of the Final Assessment Resolution or the
Annual Rate Resolution, whichever is applicable, and shall attach to the property on such
date of adoption.
SECTION 2.10. REVISIONS TO ANNUAL WASTEWATER ASSESSMENTS.
If any Annual Wastewater 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, or
if the Board is satisfied that any such Annual Wastewater Assessment is so irregular or
defective that the same cannot be enforced or collected, or if the Board has failed to
include or omitted any property on the Assessment Roll which property should have been
so included, the Board may take all necessary steps to impose a new Annual Wastewater
Assessment against any property benefitted by the Wastewater Assessed Costs,following
as nearly as may be practicable,the provisions of this Ordinance and in case such second
Annual Wastewater Assessment is annulled, vacated, or set aside, the Board may obtain
and impose other Annual Wastewater Assessments until a valid Annual Wastewater
Assessment is imposed.
SECTION 2.11. PROCEDURAL IRREGULARITIES. Any informality or
irregularity in the proceedings in connection with the levy of any Annual Wastewater
Assessment under the provisions of this Ordinance shall not affect the validity of the same
after the approval thereof, and any Annual Wastewater Assessment as finally approved
shall be competent and sufficient evidence that such Annual Wastewater Assessment was
duly levied,that the Annual Wastewater Assessment was duly made and adopted,and that
all other proceedings adequate to such Annual Wastewater Assessment were duly had,
17
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.
SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS.
(A) No act of error or omission on the part of the Property Appraiser, Tax
Collector, County Administrator, Board, or their deputies or employees, shall operate to
release or discharge any obligation for payment of an Annual Wastewater Assessment
imposed by the Board under the provision of this Ordinance.
(B) When it shall appear that any Annual Wastewater Assessment should have
been imposed under this Ordinance against a parcel of property specially benefitted by the
provision of wastewater services,facilities,or programs,but that such propertywas omitted
from the Assessment Roll; or such property was erroneously assessed; or was not listed
on the Tax Roll as an individual parcel of property as of the effective date of the
Assessment Roll approved by the Annual Rate Resolution for any upcoming Fiscal Year,
the Board may, upon provision of a notice by mail provided to the Owner of the omitted
or erroneously assessed parcel in the manner and form provided in the Uniform
Assessment Collection Act,impose the applicable Annual Wastewater Assessment forthe
Fiscal Year in which such error or omission is discovered, in addition to the applicable
Annual Wastewater Assessment due for the prior two Fiscal Years. Such Annual
Wastewater Assessment shall constitute a lien against Assessed 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, shall be collected as provided in
18
Article III hereof, and shall be deemed perfected on the date of adoption of the resolution
imposing the omitted, delinquent, or corrected assessments.
(C) Prior to the delivery of the Assessment Roll to the Tax Collector in
accordance with the Uniform Assessment Collection Act, 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 property subject to an Annual Wastewater Assessment, to
reclassify property based upon presentation of competent and substantial evidence, and
correct any error in applying the Annual Wastewater Assessment apportionment method
to any particular parcel of property not otherwise requiring the provision of notice pursuant
to the Uniform Assessment Collection Act. Any such correction shall be considered valid
ab initio and shall in no way affect the enforcement of the Annual Wastewater Assessment
imposed under the provisions of this Ordinance. 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.
ARTICLE III
COLLECTION AND USE OF ANNUAL WASTEWATER ASSESSMENTS
SECTION 3.01. METHOD OF COLLECTION.
(A) Unless otherwise directed by the Board, the Annual Wastewater
Assessments shall be collected pursuant to the uniform method provided in the Uniform
19
Assessment Collection Act, and the County shall comply with all applicable provisions of
the Uniform Assessment Collection Act. Any hearing or notice required by this Ordinance
may be combined with any other hearing or notice required by the Uniform Assessment
Collection Act or other provision of law.
(B) The amount of an Annual Wastewater Assessment to be collected using the
uniform method pursuant to 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 a prior year's assessment for a comparable
service, facility, or program provided: (1) the collection method used in connection with
the prior year's assessment did not employ the use of the uniform method of collection
authorized by the Uniform Assessment Collection Act, (2) notice is provided to the Owner
as required under the Uniform Assessment Collection Act, and (3)any lien on the affected
parcel for the prior yeaes assessment is supplanted and transferred to such Annual
Wastewater Assessment upon certification of a non-ad valorem roll to the Tax Collector
by the County.
SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using
the Uniform Assessment Collection Act, the Board may elect to collect the Annual
Wastewater Assessments by any other method which is authorized by law or under the
alternative collection method provided by this Section:
(A) The Board shall provide Annual Wastewater Assessment bills by first class
mail to the Owner of each affected parcel of property, other than Government Property.
The bill or accompanying explanatory material shall include (1) a brief explanation of the
Annual Wastewater Assessment, (2) a description of the unit of measurement used to
determine the amount of the Annual Wastewater Assessment, (3) the number of units
20
contained within the parcel, (4)the total amount of the Annual Wastewater Assessment
imposed against the parcel for the appropriate period, (5) the location at which payment
will be accepted, (6)the date on which the Annual Wastewater Assessment is due,and(7)
a statement that the Annual Wastewater Assessment constitutes a lien against Assessed
Property equal in rank and dignity with the liens of all state, county, district or municipal
taxes and other non-ad valorem assessments.
(B) A general notice of the lien resulting from imposition of the Annual
Wastewater Assessments shall be recorded in the Official Records of the County. Nothing
herein shall be construed to require that individual liens or releases be filed in the Official
Records.
(C) The Board shall have the right to foreclose and collect all delinquent Annual
Wastewater Assessments in the manner provided by law for the foreclosure of mortgages
on real property or appoint or retain an agent to institute such foreclosure and collection
proceedings. An Annual Wastewater Assessment shall become delinquont if it is not paid
within 30 days from the date any installment is due. The Board or its agent shall notify any
property ownerwho is delinquent in payment of his or herAnnual Wastewater Assessment
within 60 days from the date such assessment was due. Such notice shall state in effect
that the Board or its agent will either (1) initiate a foreclosure action or suit in equity and
cause the foreclosure of such property subject to a delinquent Annual Wastewater
Assessment in a method now or hereafter provided by law for foreclosure of mortgages on
real property, or (2) cause an amount equivalent to the delinquent Annual Wastewater
Assessment, not previously subject to collection using the uniform method under the
Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year.
21
(D) All costs, fees and expenses, including reasonable attorney fees and title
search expenses, related to any foreclosure action as described herein shall be included
in any judgment or decree rendered therein. At the sale pursuant to decree in any such
action, the County may be the purchaser to the same extent as any Person. The Board
or its agent may join in one foreclosure action the collection of Annual Wastewater
Assessments against any or all property assessed in accordance with the provisions
hereof. All delinquent Owners whose property is foreclosed shall be liable for an
apportioned amount of reasonable costs and expenses incurred by the Board and its
agents, including reasonable attorney fees, in collection of such delinquent Annual
Wastewater Assessments and any other costs incurred by the Board as a result of such
delinquent Annual Wastewater Assessments and the same shall be collectible as a part
of or in addition to, the costs of the action.
(E) In lieu of foreclosure, any delinquent Annual Wastewater Assessment and
the costs, fees and expenses attributable thereto, may be collected pursuant to the
Uniform Assessment Collection Act; provided however, that (1) notice is provided to the
Owner in the manner required by the Uniform Assessment Collection Act and this
Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent
Annual Wastewater Assessment is supplanted bythe lien resulting from certification of the
Assessment Roll, as applicable, to the Tax Collector.
(F) Notwithstanding the Board's use of an alternative method of collection, the
County Administrator shall have the same power and authority to correct errors and
omissions as provided to him or other County officials in Section 2.12 hereof.
(G) Any Board action required in the collection of Annual Wastewater
Assessments may be by resolution.
22
SECTION 3.03. GOVERNMENT PROPERTY.
(A) In the event Annual Wastewater Assessments are imposed against
Government Property,the Board shall provide Annual Wastewater Assessment bills byfirst
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 Annual
Wastewater Assessment, (2)a description of the unit of measurement used to determine
the amount of the Annual Wastewater Assessment, (3) the number of units contained
within the parcel, (4) the total amount of the parcel's Annual Wastewater Assessment for
the appropriate period, (5)the location at which payment will be accepted,and(6)the date
on which the Annual Wastewater Assessment is due.
(B) Annual Wastewater Assessments imposed against Government Property
shall be due on the same date as all other Annual Wastewater Assessments and, if
applicable, shall be subject to the same discounts for early payment.
(C) An Annual Wastewater Assessment shall become delinquent if it is not paid
within 30 days from the date any installment is due. The Board shall notify the Owner of
any Government Property that is delinquent in payment of its Annual Wastewater
Assessment within 60 days from the date such assessment was due. Such notice shall
state that the Board 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
23
County, including reasonable attorney fees, in collection of such delinquent Annual
Wastewater Assessments and any other costs incurred by the Board as a result of such
delinquent Annual Wastewater 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 Annual Wastewater Assessment
imposed against Government Property may be collected as a surcharge on a utility bill
provided to such Government Property in periodic installments with a remedy of a
mandamus action in the event of non-payment.
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. APPLICABILITY. This Ordinance and the Board's authority to
impose assessments pursuant hereto shall be applicable throughout the unincorporated
area of the County and throughout the incorporated area of any municipality whose
governing body has heretofore or hereafter requested and consented to the provision of
the wastewater services, facilities and programs by the County.
SECTION 4.02. 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
24
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.
SECTION 4.03. 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 4.04. EFFECTIVE DATE. The Clerk shall file a certified copy of this
Ordinance with the Department of State within ten days of its adoption. This Ordinance shall
take effect immediately upon its filing with the Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15th day of July, 2003.
Mayor Spehar
Mayor Pro Tern Nelson
� � ,Ossioner McCoy - 9
� tntnissioner NeugentP
Commissioner Rice P s
�I�'��4 y
,5
(S j BOARD OF COUNTY COMMISSIONERS
` Attest: DANNY L.KOLHAGE, Clerk OF MONROI CO NTY, FLORIDA
B
y� 6y
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
P FORM:
R N,WOLFE
CYh66 :$t9T `OJM VORNEY