Item S1 s S.1
y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe , Mayor Michelle Coldiron,District 2
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{sJ ` °' Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: S.1
Agenda Item Summary #7633
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774
N/A
AGENDA ITEM WORDING: Approval to advertise a public hearing, to consider adoption of a
proposed ordinance amending Chapter 22 of the Monroe County Code, creating Article VII
establishing a Municipal Service Benefit Unit (MSBU) for the collection of special non-ad valorem
special assessments for road elevation and improvement projects to be constructed due to the sea
level rise and flood mitigation program, and authorizing the creation of assessment areas in the
future. The public hearing will be held on February 17, 2021 in Key West, FL at 1:30 p.m. or as
soon thereafter as may be heard.
ITEM BACKGROUND: The item seeks approval to advertise a public hearing to consider
adoption of an ordinance authorizing the creation of a master special assessment program for County
roadway elevation and improvement projects as needed for sea level rise and flood mitigation.
The purpose of this ordinance is to set up a master municipal service benefit unit (MSBU)
assessment program that authorizes the creation of assessment areas in the future after approval of an
Initial and Final Assessment resolution in accordance with F.S. 197.3632. Collection of the
assessment could not occur without further approval of Initial and Final assessment resolutions in the
spring/summer of 2021. That assessment resolution would contain (a) a specific list of properties to
be assessed, and (b) the amount of the assessment for each property. The MSBU assessments, if
levied, are to be used for capital, operation and maintenance costs for the road elevation and
improvements projects as needed to mitigate seal level rise and flood effects. While the ordinance
sets up the MSBU master program to include all properties within unincorporated Monroe County
and subject to consent by ordinance of the governing body of any affected municipalities for the
collection of non-ad valorem special assessments for road elevation and improvement projects, the
assessed areas will likely be implemented in small areas within the County on a project by project
basis.
At the December 9, 2020 meeting a public hearing was held and the Board approved Resolution No.
428-2020 electing to use the uniform method of collecting non-ad valorem special assessments
levied within the County toward the cost of providing capital costs and operations and maintenance
costs for roadway improvements related to sea level rise located within Monroe County. Pursuant to
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F.S. 197.3632(3)(a), upon adoption of Resolution No. 428-2020, a copy of the Resolution was
mailed to the Tax Collector, Property Appraiser and Florida Department of Revenue. This resolution
provides the option for levying the assessments using this method beginning in November 2021. The
"Notice of Intent" resolution only preserves the County's right to collect the assessments. The
County may decide not to go forward with the assessment program later.
The Monroe County Board of County Commissioners has previously approved the design of two sea
level rise pilot projects in Twin Lakes and Sands Subdivision to lessen the frequency and severity of
flooding and decrease predicted flood damage. The objective of the pilot program was to test the
efficacy of technologies (or combinations thereof) and use the projects as a predictor for the cost and
benefits to be achieved. As the County proceeds with the Countywide Roads Vulnerability Sea Level
Rise Adaptation Study, various roadway areas will be identified for design and construction subject
to further approval of the Board. Funding for design and construction may require sea level rise and
flood mitigation special assessments to be imposed in these various areas.
The property owners on the roads where work may be performed will realize benefits as a result of
any roads adaptation work, including but not limited to decrease in road flooding and potential
increase in property values.
The County is authorized under Section 125.01(1)(q) to establish municipal service benefit units
within all or any part of the county, within which may be provided essential facilities from funds
derived from special assessments on the properties located within the municipal service benefit unit
(MSBU). Road adaptation work falls within the definition of"other essential facilities and municipal
services."
PREVIOUS RELEVANT BOCC ACTION:
12/09/2020: A public hearing to consider approval of a resolution of Monroe County, Florida
electing to use the uniform method of collecting non-ad valorem special assessments levied within
the County toward the cost of providing capital costs and operations and maintenance costs for
roadway improvements related to sea level rise located within Monroe County.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Roadway Improvement and Flood Mitigation Program assessment ordinance January 2021 NEW
FINANCIAL IMPACT:
Effective Date: N/A Expiration Date: N/A
Total Dollar Value of Contract: None
Total Cost to County: Estimated $250 for advertisements. No other costs to the County.
Current Year Portion: $250.
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Budgeted: Yes Source of Funds: Sustainability
CPI: N/A Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: Staff administration costs
Revenue Producing: No If yes, amount: N/A
Grant: No County Match: N/A
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Rhonda Haag Completed 01/11/2021 7:40 AM
Christine Limbert Completed 01/11/2021 4:05 PM
Purchasing Completed 01/11/2021 4:24 PM
Budget and Finance Completed 01/11/2021 4:28 PM
Maria Slavik Skipped 01/11/2021 4:06 PM
Liz Yongue Completed 01/11/2021 4:49 PM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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MONROE COUNTY, FLORIDA
T-
ORDINANCE NO. -2021 CD
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SEA LEVEL RISE AND FLOOD MITIGATION
PROGRAM, ASSESSMENT ORDINANCE
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ADOPTED , 2021
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ORDINANCE NO. - 2021
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, RELATING TO THE
IMPOSITION OF SPECIAL ASSESSMENTS FOR A SEA LEVEL
RISE AND FLOOD MITIGATION PROGRAM; CREATING AND --
ESTABLISHING A MONROE COUNTY ROADWAY
IMPROVEMENT AND SEA LEVEL RISE AND FLOOD MITIGATION
PROGRAM 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 AND SUBJECT TO THE CONSENT BY
ORDINANCE OF THE GOVERNING BOARD OF ANY AFFECTED
MUNICIPALITY THE MSBU MAY INCLUDE THE BOUNDARIES OF
A MUNCIPALITY; 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, E
FLORIDA STATUTES, UPON PERFECTION, SHALL ATTACH TO
THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE y
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 0.
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.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
ARTICLE 1
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:
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"Annual Rate Resolution" means the resolution described in Section 3.08
establishing the rate at which an annual Road Improvement and Sea Level Rise and
Flood Mitigation Program 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 Road Improvement and Sea Level Rise and Flood Mitigation y
Program Assessment is imposed or reimposed.
"Assessed Property" means all parcels of land included on the Assessment Roll
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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
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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
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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.
"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
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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 y
relationship to the Local Improvement or service to be funded from proceeds of the
Assessment.
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"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
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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.
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"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
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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
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.
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"Final Assessment Resolution" means the resolution described in Sections 3.06
hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which
shall be the final proceeding for the initial imposition of an Assessment. "Fiscal Year"
means that period commencing October 1 st of each year and continuing through the next
succeeding September 30th, or such other period as may be prescribed by law as the y
fiscal year for the County.
"Government Property" means property owned by the United States of America
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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
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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 E
imposition of an Assessment. 0.
"Local Improvement" means a Roadway Improvement and Sea Level Rise and
Flood Mitigation 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
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established by the Final Assessment Resolution for the service, facility, program, or Local
Improvement identified in the Initial Assessment Resolution.
"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.
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"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. y
"Pledged Revenue" means, as to any series of Obligations, (A) the proceeds of
such Obligations, including investment earnings, (B) proceeds of the Assessments
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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 E
Section 3.08 hereof initiating the annual process for updating the annual Assessment Roll
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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 Board deems
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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.
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"Service Assessment" means a special assessment imposed by the County
pursuant to this Ordinance to fund the Service Cost of services that provide a special
benefit to property as a consequence of a logical relationship to the value, use, or
characteristics of property identified in an Initial Assessment Resolution.
"Service Cost" means all or any portion of the expenses that are properly y
attributable to operations and maintenance of a Local Improvement and imposition and
collection of related Assessments under generally accepted accounting principles.
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"Tax Collector" means the Tax Collector of Monroe County.
"Tax Roll" means the real property ad valorem tax assessment roll maintained by
the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Transaction Cost" means the costs, fees and expenses incurred by the County
in connection with the issuance and sale of any series of Obligations, including but not E
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limited to (A) rating agency and other financing fees; (B) the fees and disbursements of 0.
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
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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 y
the effective date of this Ordinance. Words of any gender include the correlative words
of the other genders, unless the context indicates otherwise.
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SECTION 1.03. FINDINGS.
It is hereby ascertained, determined, and declared that-
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(A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125.01
and 125.66, Florida Statutes, the County has all powers of local self-government to
perform county functions and to render county and municipal services in a manner not
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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
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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
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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 y
SECTION 2.01. CREATION OF MONROE COUNTY ROADWAY
IMPROVEMENT AND SEA LEVEL RISE AND FLOOD MITIGATION PROGRAM
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MUNICIPAL SERVICE BENEFIT UNIT.
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(A) Pursuant to F.S. 125.01(1)(q) and (r), the Monroe County Sea Level Rise and
Flood Mitigation Municipal Service Benefit Unit (MSBU) is hereby created to accomplish
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the improvements contemplated herein. The boundaries of the MSBU shall consist of all
of the unincorporated area within Monroe County.
(B) Each municipality within the county may request to be included within the 0.
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 this E
ordinance shall apply within the boundary of such municipality.
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SECTION 2.02. CREATION OF ASSESSMENT AREA.
(A) The Board is hereby authorized to create Assessment Areas in accordance
with the procedures set forth in Section 3.02 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
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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. y
SECTION 2.03. 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
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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
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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 imposed.
SECTION 2.04. PROCEDURAL IRREGULARITIES. Any informality or
irregularity in the proceedings in connection with the levy of any Assessment under the
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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
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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 2.05. 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 y
to release or discharge any obligation for payment of an Assessment imposed by the
Board under the provision of this Ordinance.
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(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
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said resolution. The Assessment so imposed 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, 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
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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
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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 y
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.
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(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.
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SECTION 2.06. 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
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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 6.02 shall be
deemed perfected upon adoption by the Board of the Final Assessment Resolution or the
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Annual Rate Resolution, whichever is applicable, and shall attach to the property on such
date of adoption.
ARTICLE III
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ASSESSMENTS
SECTION 3.01. GENERAL AUTHORITY.
(A) The Board is hereby authorized to impose an annual Assessment to fund all
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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 E
methodology based upon a classification of property designed to provide a fair and 0.
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 Assessments shall be imposed in conformity with the procedures set forth
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in this Article III.
SECTION 3.02. INITIAL ASSESSMENT RESOLUTION. The first step for the
initial imposition of an 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
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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 y
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.
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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;
(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 Assessment to be imposed against each Assessed
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Property.
(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 public
inspection. The foregoing shall not be construed to require that the Assessment Roll be
in printed form if the amount of the Assessment for each parcel of 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
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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
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addition to the published notice required by Section 3.04, the County Administrator shall
provide notice of the proposed Assessment by first class mail to the owner of each parcel
of property subject to an 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 an Assessment imposed by the Board pursuant
to this Ordinance.
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(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
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(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 y
collection.
(B) All parcels assessed shall derive a special benefit from the service, facility,
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or program to be provided or constructed and the 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
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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 method of
apportionment and assessment, the Maximum Assessment Rate, the initial rate of
assessment, the initial Assessment Roll, and the levy and lien of the Assessments),
unless proper steps are initiated in a court of competent jurisdiction to secure relief within
twenty (20) days from the date of Board action on the Final Assessment Resolution. The
initial Assessment Roll, as approved by the Final Assessment Resolution, shall be
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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 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 y
process for each fiscal year following the initial fiscal year for which an assessment is
imposed hereunder. The Annual Rate Resolution shall approve the assessment roll for
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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
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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
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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
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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 y
20 days of the publication of the notice.
(D) In the event that the uniform method of collection provided for in the Uniform
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Assessment Collection Act is used and-
(1) The proposed 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,
(2) The method of apportionment is changed or the purpose for which the
assessment is imposed is substantially changed from that represented by
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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
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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
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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
an assessment imposed by the board pursuant to this article.
(E) As to any Assessed Property not included on an Assessment Roll approved y
by the adoption of the Final Assessment Resolution or a prior year's Annual Rate
Resolution, the adoption of the succeeding Annual Rate Resolution shall be the final
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adjudication of the issues presented as to such Assessed Property (including, but not
limited to, the determination of special benefit and fair apportionment to the Assessed
Property, the method of apportionment and assessment, the rate of assessment, the
establishment or increase of a Maximum Assessment Rate, the Assessment Roll, and
the levy and lien of the Assessments), unless proper steps are initiated in a court of
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competent jurisdiction to secure relief within twenty (20) days from the date of the Board
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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
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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
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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 y
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
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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.
(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 E
equivalent to the payment delinquency, delinquency fees and recording costs for prior 0.
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
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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
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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 y
date on which the Assessment is due.
(B) Assessments imposed against Government Property shall be due on the
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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
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
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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
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Government Property against which a mandamus or other appropriate action is filed shall
be liable for an apportioned amount of reasonable costs and expenses incurred by the
County, including reasonable attorney fees, in collection of such delinquent 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
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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
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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.
(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 E
account established for the Obligations or in the payment of the Obligations, from other 0.
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.
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SECTION 5.02. TERMS OF THE OBLIGATIONS. If issued, the Obligations shall
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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
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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 y
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.
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SECTION 5.03. VARIABLE RATE OBLIGATIONS. At the option of the Board,
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.
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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.
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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
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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 y
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
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indirectly obligate the County to levy or to pledge any form of ad valorem 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,
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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
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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
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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. y
SECTION 5.09. REFUNDING OBLIGATIONS. The County may, by resolution
of the Board, issue Obligations to refund any Obligations issued pursuant to this
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Ordinance, or any other obligations of the County theretofore issued to finance the 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
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in the notice provided pursuant to Section 3.05 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
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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
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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 y
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
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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; E
and if any section, subsection, sentence, clause or provision is held invalid by any court
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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.
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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 VII Municipal Service Benefit Unit for Sea Level
Rise and Flood Mitigation Program within Chapter 22 ("Special Districts"); 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.
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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 DULY ADOPTED on this day of 2021. y
ATTEST: BOARD OF COUNTY COMMISSIONERS E
Kevin Madok, Clerk of Circuit Court and OF MONROE COUNTY, FLORIDA
Ex-Officio Clerk to the Board of County
Commissioners
By: As Deputy Clerk By: Mayor Michelle Coldiron
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