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Item O10 BOARD OF COUNTY COMMISSIONERS - PIJBLIC HEARIN('N' AGENDA ITEM SUMMARY 3:00PN/1 Meeting Date: December 10,2014 Division: Public Works/Engineering Bulk Item: Yes No X Department: Wastewater StaffCznbdPersmThone4'-T'maLoSacoc)/eKL6051 AGENDA ITEM WORDING: Approval of a resolution renewing the intent to use the uniform method to collect non-ad valorem special assessments toward the cost of providing wastewater utility services to properties on Stock Island,Key Haven,Big Coppitt Lower Sugarloaf through Big Pine Key,No Name Key, Long Key,Duck Key excluding Indies Islands and three parcels on Boca Chica. ITEM BACKGROUND: Under F.S. 197.3632(3)(a),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 January 101h or March 101h, if extended by approval from the Tax Collector and Property Appraiser.A notice of the public hearing has been advertised for four consecutive weeks. This resolution protects the option for levying the assessments using this method in October 2015. PREVIOUS RELEVANT BOCC ACTION: On December 20,2006,the BOCC approved Resolution No. 635-2006, stating the County's intent to use the uniform method of collecting non-ad valorem assessments in Duck Key, Cudjoe-Summerland,Big Coppitt and Stock Island Phase H. On November 20, 2007,the BOCC approved Resolution No. 568-2007, with a notice of intent for the non-ad valorem assessment program for properties in Lower Sugarloaf through Big Pine Keys, and Long Key,but the assessment levy was delayed pending completion of the fimding plan. On December 17,2008,the BOCC approved a similar resolution 515-2008 for Key Haven,Lower Sugarloaf through No Name Key, and Long Key. On December 16,2009,the BOCC approved Resolution No. 463-2009, for Key Haven, Lower Sugarloaf through Big Pine Key,and Long Key. On December 15,2010,the BOCC approved resolution 469-2010 for Key Haven,Lower Sugarloaf through No Name Key, Long Key, and three parcels on Boca Chica, including assessments for both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided. On December 14,2011,January 16, 2013 and January 16,2014 the BOCC approved,respectively,Resolution No.440b-20 1,Resolution No. 0 1 7-2013and Resolution No. 0 18-2014,stating the County's intent to use the uniform method of collecting non-ad valorem assessments on Key Haven, Lower Sugarloaf through Big Pine Key,No Name Key,Long Key and three parcels on Boca Chica, including assessments for both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided. CONTRACT/AGREEMENT CHANGES:NA STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes — No COST TO COUNTY:$ SOURCE OF FUNDS: REVENUE PRODUCING:—Yes No AMOUNT PER MONTH—Year APPROVED BY: County Atty q11 OMB/Purchasing Risk Management DOCUMENTATION: Included — Not Required,_ DISPOSITION: AGENDA ITEM# RESOLUTION NO. -2014 A RESOLUTION OF MONROE COUNTY, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE UNINCORPORATED AREA OF THE COUNTY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Monroe County, Florida(the^Countyp)im contemplating the imposition of special assessments for the provision of wastewater utility services;and WHEREAS,the County intends hm use the unKbnn method for collecting non-ad valorem special assessments for the cost of providing wastewater utility services, including both central sewer service and optional service for onaito systems in areas to which central sewers will not be provided,for properties in Stock Island, Key Haven, Big Cnppd±. Lower Sugarloaf through Big Pine Key, NoName Key, Long Key, Duck Key excluding Indies Islands and three parcels on Boca Chica,authorized by section 1Q7.3032. Florida Statutes, ao amended, because this method wiUoUmmouchopacia| assessments to be collected annually commencing in October 2015, in the same manner oe provided for ad valorem taxes;and WHEREAS,the County previously held public hearings in the past seven years, adopting resolution Nos. G35-2OO8. 6G8-2OO7. 616-2OO8.4G3-2OOQ.4GQ'2OiO.44Db' 2011.017-3013and 018'2014;ond WHEREAS,the BOCC held a duly advertised public hearing prior bo the adoption of this Resolution, proof of publication of which being attached hereto as Exhibit A; NOW,THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Commencing with the fiscal year beginning on October 1,2015,the County intends to use the uniform method of collecting non-ad valorem assessments authorized |n section 197.3632. Florida Statutes, os amended,for collecting non-ad valorem assessments for the cost of providing wastewater utility services. Guohnon'od valorem assessments shall be levied within Stock Island,Key Haven, Big Coppitt, Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key and three parcels on Boca Chica. including assessments for both central sewer service and optional service for onsite systems in areas to which central sewers will not be provided.A legal description of each area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. Section 2.The County hereby determines that the levy of the assessments im needed to fund the cost of wastewater utility services within the geographic areas described above. Section 3. Upon adoption,the County Clerk|s hereby directed hm send e 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 January 10,2015. Section 4.This Resolution shall be effective upon adoption. l PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,at a regular meeting of the Board held on the 101h day of December, 2014. Mayor Danny L. Kolhage Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy Attest:AMY HEAVILIN,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA By: By: Deputy Clerk Mayor N{ONIrll' E COUNTY ATTORNEY ICYI �� RM .. � IC�� t�l�ll`Y � AI�I� ASSISTANi A�T "t NEY 2 EXHIBIT PROOF OF PUBUC/Q'|L]N (copy of legal notice as submitted to the media; proof of publication to be inserted upon receipt after final publication) � EXHIBIT B STOCK ISLAND AREA That portion of the unincorporated area bounded on the west by Cow Key Channel, on the east by Boca Chica Channel, on the north by the centerline of U.S. 1 (State Road No.5), and of the south by the Atlantic Ocean. KEY HAVEN AREA That portion of the unincorporated area bounded on the west by Florida Bay,on the east by Atlantic Ocean, on the north by Florida Bay,and on the south by US1 and Stock Island(between MM 5.5 and 6.0), Monroe County, Florida. BIG COPPITT AREA That portion of the unincorporated area bounded on the west by Boca Chica Channel, on the east by Shark Channel,on the north by Florida Bay,and on the south by the Atlantic Ocean(between Mile Markers 7 and 11) Monroe County, FL. LOWER SUGARLOAF THROUGH BIG PINE KEY NO NAME KEY AREA That portion of the unincorporated area bounded on the west by Lower Sugarloaf Sound,on the east by Big Spanish Channel and Bahia Honda Channel, on the north by Florida Bay,and on the south by Atlantic Ocean(between MM 16.5 and 35), Monroe County, Florida. LONG KEY AREA That portion of the unincorporated area bounded on the west by Long Key Viaduct,on the east by Channel 5, on the north by Florida Bay,and on the south by Atlantic Ocean(between MM 65 and 71), Monroe County, Florida. DUCK KEY AREA That portion of unincorporated area bounded by the north by U.S. Highway 1, on the west by Tom's Harbor Channel, on the south by Hawk's Channel and on the East by Tom's Harbor Cut; but excluding Indies Islands. THREE PARCELS ON BOCA CHICA The properties identified by the Property Appraiser's Parcel ID numbers:00122870-000000, 00122880-000000,and 00122890-000000.