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Ordinance 002-2021 MONROE COUNTY, FLORIDA ORDINANCE NO. 002 - 2021 SEA LEVEL RISE AND FLOOD MITIGATION PROGRAM, ASSESSMENT ORDINANCE ADOPTED February 17 , 2021 ORDINANCE NO. 002 - 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, FLORIDA STATUTES, UPON PERFECTION, SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; AUTHORIZING EXEMPTIONS AND HARDSHIP ASSISTANCE; PROVIDING PROCEDURES FOR COLLECTION OF ASSESSMENTS; AUTHORIZING THE ISSUANCE OF OBLIGATIONS SECURED BY ASSESSMENTS AND PROVIDING FOR THE TERMS THEREOF; PROVIDING THAT THE COUNTY'S TAXING POWER SHALL NOT BE PLEDGED; PROVIDING REMEDIES; DEEMING THAT PLEDGED REVENUES SHALL BE CONSIDERED TRUST FUNDS; PROVIDING FOR THE REFUNDING OF OBLIGATIONS; PROVIDING THAT THIS ORDINANCE IS AN ALTERNATIVE MEANS OF IMPLEMENTATION AND FOR SEVERABILITY; PROVIDING FOR THIS ORDINANCE TO BE LIBERALLY CONSTRUED; PROVIDING FOR CONFLICTS AND CODIFICATION; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: "Annual Rate Resolution" means the resolution described in Section 3.08 establishing the rate at which an annual 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 Program Assessment is imposed or reimposed. "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the service, facility or program or provision of a Local Improvement identified in the Initial Assessment Resolution. "Assessment" means a special assessment imposed by the County pursuant to this Ordinance to fund the Capital Cost or Project Cost, if obligations are issued, of Local Improvements or the Service Cost of services, that provide a special benefit to property as a consequence of a logical relationship to the value, use, or characteristics of property identified in an Initial Assessment Resolution. The term "Assessment" shall include Capital Assessments and Service Assessments. "Assessment Area" means any of the areas created by resolution of the Board pursuant to Section 2.02 hereof, that specially benefit from a Local Improvement or 3 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 combination of the following: platted lots or parcels of record, vested lots, land area, improvement area, equivalent residential connections, equivalent residential units, permitted land use, trip generation rates, front footage, rights to future trip generation capacity under applicable concurrency management regulations, property value or any other physical characteristic or reasonably expected use of the property that has a logical relationship to the Local Improvement or service to be funded from proceeds of the Assessment. "Board" means the Board of County Commissioners of the County. "Capital Assessment" means a special assessment imposed by the County pursuant to this Ordinance to fund the Capital Cost or Project Cost, if obligations are issued, of Local Improvements that provide a special benefit to property as a consequence of a logical relationship to the value, use, or characteristics of property identified in an Initial Assessment Resolution. "Capital Cost" means all or any portion of the expenses that are properly attributable to the acquisition, design, construction, installation, reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of Local Improvements and imposition of the related Assessments under generally accepted 4 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. "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 fiscal year for the County. "Government Property" means property owned by the United States of America or any agency thereof, the State of Florida or any agency thereof, a county, a special district or a municipal corporation. "Initial Assessment Resolution" means the resolution described in Sections 3.02 hereof which shall be the initial proceeding for the identification of the service, facility, program, or Local Improvement for which an Assessment is to be made and for the imposition of an Assessment. "Local Improvement" means a 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 5 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. "Owner" shall mean the Person reflected as the owner of Assessed Property on the Tax Roll. "Person" means any individual, partnership, firm, organization, corporation, association, or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. "Pledged Revenue" means, as to any series of Obligations, (A) the proceeds of such Obligations, including investment earnings, (B) proceeds of the Assessments pledged to secure the payment of such Obligations, and (C) any other legally available non-ad valorem revenue pledged, at the Board's sole option, to secure the payment of such Obligations, as specified by the ordinance or resolution authorizing such Obligations. "Preliminary Rate" means the rates published for adoption as described in Section 3.08 hereof initiating the annual process for updating the annual Assessment Roll and directing the reimposition of Assessments pursuant to an Annual Rate Resolution. "Project Cost" means (A) the Capital Cost of a Local Improvement, (B) the Transaction Cost associated with the Obligations which financed the Local Improvement, (C) interest accruing on such Obligations for such period of time as the Board deems 6 appropriate, (D) the debt service reserve fund or account, if any, established for the Obligations which financed the Local Improvement, and (E) any other costs or expenses related thereto. "Property Appraiser" means the Property Appraiser of Monroe County. "Resolution of Intent" means the resolution expressing the Board's intent to collect assessments on the ad valorem tax bill required by the Uniform Assessment Collection Act. "Service Assessment" means a special assessment imposed by the County pursuant to this Ordinance to fund the Service Cost of services that provide a special benefit to property as a consequence of a logical relationship to the value, use, or characteristics of property identified in an Initial Assessment Resolution. "Service Cost" means all or any portion of the expenses that are properly attributable to operations and maintenance of a Local Improvement and imposition and collection of related Assessments under generally accepted accounting principles. "Tax Collector" means the Tax Collector of Monroe County. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Transaction Cost" means the costs, fees and expenses incurred by the County in connection with the issuance and sale of any series of Obligations, including but not limited to (A) rating agency and other financing fees; (B) the fees and disbursements of bond counsel; (C) the underwriters' discount; (D) the fees and disbursements of the County's financial advisor; (E) the costs of preparing and printing the Obligations, the preliminary official statement, the final official statement, and all other documentation supporting issuance of the Obligations; (F) the fees payable in respect of any municipal bond insurance policy; (G) administrative, development, credit review, and all other fees associated with any pooled commercial paper or similar interim financing program; and (H) any other costs of a similar nature incurred in connection with issuance of such Obligations. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, as amended from time-to-time, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before the effective date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the context indicates otherwise. SECTION 1.03. FINDINGS. It is hereby ascertained, determined, and declared that: (A) Pursuant to Article Vill, section 1, Florida Constitution, and sections 125.01 and 125.66, Florida Statutes, the County has all powers of local self-government to perform county functions and to render county and municipal services in a manner not inconsistent with law and such power may be exercised by the enactment of county ordinances, including but not limited to the power pursuant to Section 125.01, Florida Statutes, to establish municipal service benefit units to provide recreation, transportation and other essential facilities. (B) The Assessments to be imposed pursuant to this Ordinance shall constitute 8 non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (C) The Assessments to be imposed pursuant to this Ordinance are imposed by the Board, not the Property Appraiser or Tax Collector. The duties of the Property Appraiser and Tax Collector under the Uniform Assessment Collection Act are ministerial. (D) The purposes of this Ordinance are to: (1) provide procedures and standards for the imposition of Assessments within the County by resolution under the general home rule powers of a county to impose special assessments; and (2) authorize a procedure for the funding of public services, facilities, programs, or Local Improvements providing special benefit to subsequently identified property within the County. ARTICLE II GENERAL PROVISIONS SECTION 2.01. CREATION OF MONROE COUNTY ROADWAY IMPROVEMENT AND SEA LEVEL RISE AND FLOOD MITIGATION PROGRAM MUNICIPAL SERVICE BENEFIT UNIT. (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 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 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 ordinance shall apply within the boundary of such municipality. 9 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 or the Final Assessment Resolution creating each Assessment Area shall include brief descriptions of the proposed services, facilities, programs, or Local Improvements, a description of the property to be included within the Assessment Area, and specific legislative findings that recognize the special benefit to be provided by each proposed service, facility, program, or Local Improvements to property within the Assessment Area. SECTION 2.03. 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 by the judgment of any court of competent jurisdiction, or if the Board is satisfied that any such Assessment is so irregular or defective that the same cannot be enforced or collected, or if the Board has omitted to include any property on the Assessment Roll which property should have been so included, the Board may take all necessary steps to impose a new Assessment against any property benefited by the Service Costs, Capital Costs or Project Costs, following as nearly as may be practicable, the provisions of this Ordinance, and in case such second Assessment is annulled, vacated, or set aside, the Board may obtain and impose other Assessments until a valid Assessment is imposed. SECTION 2.04. PROCEDURAL IRREGULARITIES. Any informality or irregularity in the proceedings in connection with the levy of any Assessment under the 10 provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Assessment, as finally approved, shall be competent and sufficient evidence that such Assessment was duly levied, that the Assessment was duly made and adopted, and that all other proceedings adequate to such Assessment were duly had, taken, and performed as required by this Ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Notwithstanding the provisions of this Section, any party objecting to an Assessment imposed pursuant to this Ordinance must file an objection with a court of competent jurisdiction within the time periods prescribed herein. SECTION 2.05. 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 to release or discharge any obligation for payment of an Assessment imposed by the Board under the provision of this Ordinance. (B) When it shall appear that any Assessment should have been imposed under this Ordinance against a lot or parcel of property specially benefited by the provision of a service, facility, program, or Local Improvement, but such property was omitted from the Assessment Roll, the Board may, upon provision of appropriate notice as set forth in this Article, impose the applicable Assessment. Such total Assessment shall become delinquent if not fully paid upon the expiration of 60 days from the date of the adoption of said resolution. The Assessment so imposed shall constitute a lien 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 11 provided in Article VI hereof. (C) The County Administrator shall have the authority at any time, upon his or her own initiative or in response to a timely filed petition from the Owner of any Assessed Property, to correct any error in applying the Assessment apportionment method to any particular property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction that reduces an Assessment shall be considered valid ab initio and shall in no way affect the enforcement of the Assessment imposed under the provisions of this Ordinance. Any such correction which increases an Assessment or imposes an Assessment on omitted property shall first require notice to the affected owner in the manner described in Section 3.05 hereof, as applicable, providing the date, time and place that the Board will consider confirming the correction and offering the owner an opportunity to be heard. All requests from affected property owners for any such changes, modifications or corrections shall be referred to, and processed by, the County Administrator and not the Property Appraiser or Tax Collector. (D) After the Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the Tax Roll upon timely written request and direction of the County Administrator. SECTION 2.06. LIEN OF ASSESSMENTS. (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 12 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 Annual Rate Resolution, whichever is applicable, and shall attach to the property on such date of adoption. ARTICLE III ASSESSMENTS SECTION 3.01. GENERAL AUTHORITY. (A) The Board is hereby authorized to impose an annual Assessment to fund all or any portion of the Capital Cost, Project Cost, or Service Cost on benefitted property at a rate of assessment based on the special benefit accruing to such property from the County's provision of the subsequently identified service, facility, or program. (B) The amount of the Assessment that is imposed each Fiscal Year against each parcel of Assessed Property shall be determined pursuant to an apportionment methodology based upon a classification of property designed to provide a fair and 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 inconformity with the procedures set forth 13 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 Service Cost and the computation of the Assessments for specific properties; (E) establishing an estimated assessment rate for the upcoming Fiscal Year; (F) establishing a Maximum Assessment Rate, if desired by the Board; (G) authorizing the date, time, and place of a public hearing to consider the adoption of the Final Assessment Resolution for the upcoming Fiscal Year; and (H) directing the County Administrator to (1) prepare the initial Assessment Roll, as required by Section 3.03 hereof, (2) publish the notice required by Section 3.04 hereof, and (3) mail the notice required by Section 3.05 hereof. SECTION 3.03. ASSESSMENT ROLL. (A) The County Administrator shall prepare, or direct the preparation of, the initial Assessment Roll for the Assessments, which shall contain the following: (1) A summary description of all Assessed Property conforming to the description contained on the Tax Roll; (2) The name of the Owner of the Assessed Property; (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 14 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 Assessment Roll, the County Administrator shall publish notice of a public hearing to adopt the Final Assessment Resolution and approve the aforementioned initial Assessment Roll. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. SECTION 3.05. NOTICE BY MAIL. (A) For the initial Fiscal Year in which an Assessment is imposed by the Board against Assessed Property pursuant to the Uniform Assessment Collection Act and in addition to the published notice required by Section 3.04, the County Administrator shall provide notice of the proposed 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 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. 15 (D) Notice by mail for Fiscal Years after the initial Fiscal Year shall be controlled by Section 3.08(D) hereof. SECTION 3.06. FINAL ASSESSMENT RESOLUTION. (A) At a public hearing named in the notices required by Sections 3.04 and 3.05 or to such time as an adjournment or continuance may be taken by the Board, after receiving oral or written objections of interested persons, the Board may then, or at any subsequent meeting of the Board, adopt the Final Assessment Resolution, which shall (A) create any Assessment Area; (B) confirm, modify, or repeal the Initial Assessment Resolution with such amendments, if any, as may be deemed appropriate by the Board; (C) establish the Maximum Assessment Rate, if desired by the Board and set the rate of assessment to be imposed in the upcoming fiscal year; (D) approve the initial Assessment Roll, with such amendments as it deems just and right; and (E) determine the method of collection. (B) All parcels assessed shall derive a special benefit from the service, facility, or program to be provided or constructed and the 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 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 16 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 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 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 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 Board shall hear comments and objections from owners and other members of the public as to the Preliminary Rate and proposed assessments. The Board shall make such increase, decrease or revision to any proposed Assessment as it shall deem necessary or appropriate. In addition, the Board shall make such changes, modifications or additions as necessary to conform the preliminary annual assessment roll with the adopted rate 17 resolution and this article. The Board may continue said public hearing to a date and time certain without the necessity of further public notice to allow prior to final adoption increases, decreases or revisions to the Preliminary Rate or for such other reason deemed necessary in the sole discretion of the board. Upon completion of such public hearing the Board may approve the Annual Rate Resolution. (C) Notice of the public hearing for the Annual Rate Resolution shall be published in a newspaper of general circulation within the county, at least twenty (20) days prior to the public hearing. The published notice shall contain at least the following information: the name of the local governing board; a geographic depiction of the property subject to the assessment; the proposed schedule of the assessment; the fact that the assessment will be collected by the tax collector; and a statement that all affected property owners have the right to appear at the public hearing and the right to file written objections within 20 days of the publication of the notice. (D) In the event that the uniform method of collection provided for in the Uniform Assessment Collection Act is used and: (1) The proposed 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 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 18 provided to the owners of assessable property pursuant to sections 3.04 and 3.05 hereof, or (4) an assessment roll contains assessable property that was not included on the assessment roll approved for the prior fiscal year, then notice shall be provided by first class mail to the owners of such assessable property. Such supplemental notice shall substantially conform with the notice requirements set forth in section 3.04 and 3.05 hereof and shall inform the property owner of the date and place for the adoption of the annual rate resolution. The failure of the owner to receive such supplemental notice due to mistake or inadvertence, shall not affect the validity of the assessment roll nor release or discharge any obligation for payment of an assessment imposed by the board pursuant to this article. (E) As to any Assessed Property not included on an Assessment Roll approved by the adoption of the Final Assessment Resolution or a prior year's Annual Rate Resolution, the adoption of the succeeding Annual Rate Resolution shall be the final adjudication of the issues presented as to such Assessed Property (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the establishment or increase of a Maximum Assessment Rate, the Assessment Roll, and the levy and lien of the Assessments), unless proper steps are initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of the Board action on the Annual Rate Resolution. Nothing contained herein shall be construed or interpreted to affect the finality of any Assessment not challenged within the required 20- day period for those Assessments previously imposed against Assessed Property by the inclusion of the Assessed Property on an Assessment Roll approved in the Final 19 Assessment Resolution or any subsequent Annual Rate Resolution. (F) The Assessment Roll, as approved by the Annual Rate Resolution, shall be delivered to the Tax Collector as required by the Uniform Assessment Collection Act. If the Assessment against any property shall be sustained, reduced, or abated by the court, an adjustment shall be made on the Assessment Roll. ARTICLE IV COLLECTION AND USE OF ASSESSMENTS SECTION 4.01. METHOD OF COLLECTION. (A) Unless otherwise directed by the Board, the Assessments shall be collected pursuant to the Uniform Assessment Collection Act, and the County shall comply with all applicable provisions of the Uniform Assessment Collection Act. The Resolution of Intent required by the Uniform Assessment Collection Act may be adopted either prior to or following the Initial Assessment Resolution; provided however, that the Resolution of Intent must be adopted prior to January 1 (or March 1 with consent of the Property Appraiser and Tax Collector) of the year in which the Assessments are first collected on the ad valorem tax bill. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act. (B) The amount of an Assessment to be collected using the Uniform Assessment Collection Act for any specific parcel of benefitted property may include an amount equivalent to the payment delinquency, delinquency fees and recording costs for prior years' assessment for a comparable service, facility, program, or Local Improvement provided, (1) the collection method used in connection with the prior year's assessment did not employ the use of the Uniform Assessment Collection Act, (2) notice is provided to the Owner, and (3) any lien on the affected parcel for the prior year's assessment is 20 supplanted and transferred to such Assessment upon certification of a non-ad valorem roll to the Tax Collector by the County. SECTION 4.02. GOVERNMENT PROPERTY. In lieu of using the Uniform Assessment Collection Act to collect Assessments from Government Property, the County may elect to use any other method authorized by law or provided by this Section as follows: (A) The County shall provide Assessment bills by first class mail to the Owner of each affected parcel of Government Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Assessment, (2) a description of the unit of measurement used to determine the amount of the Assessment, (3) the number of units contained within the parcel, (4) the total amount of the parcel's Assessment for the appropriate period, (5) the location at which payment will be accepted, and (6) the date on which the Assessment is due. (B) Assessments imposed against Government Property shall be due on the same date as all other Assessments and, if applicable, shall be subject to the same discounts for early payment. (C) An Assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The County shall notify the Owner of any Government Property that is delinquent in payment of its Assessment within 60 days from the date such Assessment was due. Such notice shall state that the County will initiate a mandamus or other appropriate judicial action to compel payment. (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent owners of 21 Government Property against which a mandamus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the County, including reasonable attorney fees, in collection of such delinquent Assessments and any other costs incurred by the County as a result of such delinquent Assessments and the same shall be collectible as a part of or in addition to, the costs of the action. (E) As an alternative to the foregoing, an Assessment imposed against Government Property may be collected on the bill for any utility service provided to such Government Property. The Board may contract for such billing services with any utility not owned by the County. ARTICLE V ISSUANCE OF OBLIGATIONS SECTION 5.01. GENERAL AUTHORITY. (A) Upon adoption of the Final Assessment Resolution imposing Capital Assessments to fund a Local Improvement or at any time thereafter, the Board shall have the power and is hereby authorized to provide by resolution, at one time or from time to time in series, for the issuance of Obligations to fund the Project Cost thereof. (B) If issued, the principal of and interest on each series of Obligations shall be payable from Pledged Revenue. At the option of the Board, the County may agree, by resolution, to budget and appropriate funds to make up any deficiency in the reserve account established for the Obligations or in the payment of the Obligations, from other non-ad valorem revenue sources. The Board may also provide, by resolution, for a pledge of or lien upon proceeds of such non-ad valorem revenue sources for the benefit of the holders of the Obligations. Any such resolution shall determine the nature and extent of any pledge of or lien upon proceeds of such non-ad valorem revenue sources. 22 SECTION 5.02. TERMS OF THE OBLIGATIONS. If issued, the Obligations shall be dated, shall bear interest at such rate or rates, shall mature at such times as may be determined by resolution of the Board, and may be made redeemable before maturity, at the option of the County, at such price or prices and under such terms and conditions, all as may be fixed by the Board. Said Obligations shall mature not later than 40 years after their issuance. The Board shall determine by resolution the form of the Obligations, the manner of executing such Obligations, and shall fix the denominations of such Obligations, the place or places of payment of the principal and interest, which may be at any bank or trust company within or outside of the State of Florida, and such other terms and provisions of the Obligations as it deems appropriate. The Obligations may be sold at public or private sale for such price or prices as the Board shall determine by resolution. The Obligations may be delivered to any contractor to pay for construction of the Local Improvements or may be sold in such manner and for such price as the Board may determine by resolution to be for the best interests of the County. SECTION 5.03. VARIABLE RATE OBLIGATIONS. At the option of the Board, Obligations may bear interest at a variable rate. SECTION 5.04. TEMPORARY OBLIGATIONS. Prior to the preparation of definitive Obligations of any series, the Board may, under like restrictions, issue interim receipts, interim certificates, or temporary Obligations, exchangeable for definitive Obligations when such Obligations have been executed and are available for delivery. The Board may also provide for the replacement of any Obligations which shall become mutilated, destroyed or lost. Obligations may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this Ordinance. 23 SECTION 5.05. ANTICIPATION NOTES. In anticipation of the sale of Obligations, the Board may, by resolution, issue notes and may renew the same from time to time. Such notes may be paid from the proceeds of the Obligations, the proceeds of the Capital Assessments, the proceeds of the notes and such other legally available money as the Board deems appropriate by resolution. Said notes shall mature within five years of their issuance and shall bear interest at a rate not exceeding the maximum rate provided by law. The Board may issue Obligations or renewal notes to repay the notes. The notes shall be issued in the same manner as the Obligations. SECTION 5.06. TAXING POWER NOT PLEDGED. Obligations issued under the provisions of this Ordinance shall not be deemed to constitute a general obligation or pledge of the full faith and credit of the County within the meaning of the Constitution of the State of Florida, but such Obligations shall be payable only from Pledged Revenue in the manner provided herein and by the resolution authorizing the Obligations. The issuance of Obligations under the provisions of this Ordinance shall not directly or indirectly obligate the County to levy or to pledge any form of ad valorem taxation whatever therefore. No holder of any such Obligations shall ever have the right to compel any exercise of the ad valorem taxing power on the part of the County to pay any such Obligations or the interest thereon or to enforce payment of such Obligations or the interest thereon against any property of the County, nor shall such Obligations constitute a charge, lien or encumbrance, legal or equitable, upon any property of the County, except the Pledged Revenue. SECTION 5.07. TRUST FUNDS. The Pledged Revenue received pursuant to the authority of this Ordinance shall be deemed to be trust funds, to be held and applied solely as provided in this Ordinance and in the resolution authorizing issuance of the 24 Obligations. Such Pledged Revenue may be invested by the County, or its designee, in the manner provided by the resolution authorizing issuance of the Obligations. The Pledged Revenue upon receipt thereof by the County shall be subject to the lien and pledge of the holders of any Obligations or any entity other than the County providing credit enhancement on the Obligations. SECTION 5.08. REMEDIES OF HOLDERS. Any holder of Obligations, except to the extent the rights herein given may be restricted by the resolution authorizing issuance of the Obligations, may, whether at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Florida or granted hereunder or under such resolution, and may enforce and compel the performance of all duties required by this part, or by such resolution, to be performed by the County. SECTION 5.09. REFUNDING OBLIGATIONS. The County may, by resolution of the Board, issue Obligations to refund any Obligations issued pursuant to this Ordinance, or any other obligations of the County theretofore issued to finance the Project Cost of a Local Improvement and provide for the rights of the holders hereof. Such refunding Obligations may be issued in an amount sufficient to provide for the payment of the principal of, redemption premium, if any, and interest on the outstanding Obligations to be refunded. If the issuance of such refunding Obligations results in an annual Assessment that exceeds the estimated maximum annual Capital Assessments set forth in the notice provided pursuant to Section 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 25 MISCELLANEOUS PROVISIONS SECTION 6.01. APPLICABILITY. This Ordinance and the Board's authority to impose assessments pursuant hereto shall be applicable throughout the County. SECTION 6.02. ALTERNATIVE METHOD. (A) This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of the County, shall be liberally construed to effect the purposes hereof. (B) Nothing herein shall preclude the Board from directing and authorizing, by resolution, the combination with each other of (1) any supplemental or additional notice deemed proper, necessary, or convenient by the County, (2) any notice required by this Ordinance, or(3) any notice required by law, including the Uniform Assessment Collection Act. SECTION 6.03. LIBERALLY CONSTRUED. This Ordinance, being necessary for the welfare of the inhabitants of the County, particularly the owners of property located therein, shall be liberally construed to effect the purposes hereof. SECTION 6.04. SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. SECTION 6.05. CONFLICTS. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. 26 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. 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. PASSED AND DULY ADOPTED on this 17th day of February , 2021. Mayor Michelle Coldiron, District 2 Yes Mayor Pro Tem David Rice, District 4 Yes Commissioner Craig Cates, District 1 Yes Commissioner Eddie Martinez, District 3 Yes Commissioner Mike Forster, District 5 Yes ATTEST: BOARD OF COUNTY COMMISSIONERS adok, Clerk of Circuit Court and OF MONROE COUNTY, FLORIDA �'.� Clerk to the Board of County c xcal ®trl 1 ,,L ners ,�If geel� N. "%,,,,Po: . :_=..,r` As Deputy Clerk By: Mayor Michelle Coldiron -'` a _ COUNT( _ r_ a . . /MONROE ro�o�s*o FxUF 1 Ca -_ emote aY ACSLOrMOWS tL _ NPSTME L,NBEMLAAMOWS ASSDATE LO 2VA1TCPNEV 7 7/21 —p m W C0 N 70 J 27 a KEY The Florida Keys Only Daily Newspaper,Est. 1876 PO Box 1800,Key West FL 33041 Pr(305)292-7777 ext.219 F.,(305)295-8025 legals@keysnews.com MONROE CO ENGINEERING ROADS & BRIDGES THE HISTORIC GATO BUILDING 1100 SIMONTON ST ROOM 2-216 KEY WEST FL 33040 Account: 143335 Ticket: 377038 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER PROVIDING FOR INCLUSION IN THE COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE MONROE COUNTY CODE; PROVIDNG FOR SEVERABILITY; AND PROVIDING NOTICE IS HEREBY GIVEN TO WHOM AN EFFECTIVE DATE. Before the undersigned authority personally appeared IT MAY CONCERN that on February 17, 9 Y P Y PP 2021,at 1:30 P.M.,or as soon thereafter The public can participate in the Feb- as the matter may be heard,at the Har- ruary 17,2021,meeting of the Board �A vey Government Center,1200 Truman of County Commissioners of Monroe who On oath says that he or she is Avenue,Key West,Florida,the Board County, FL via Communication Media of County Commissioners of Monroe Technology("CMT")using a Zoom r ✓" We- County, Florida,intends to adopt the binar platform by following the de- (>Ct of the Key West Citizen,a daily following County ordinance: tailed instructions below. The public is strongly encouraged to watch the newspaper published in Key West,in Monroe County,Florida;that the attached ORDINANCE NO. -2021 meeting on Monroe County's MCTV co of advertisment,being ale al notice in the matter ORDINANCE 2.17 was on Comcast Channel 76,AT&T U-verse copy 9 9 AN ORDINANCE OF THE BOARD OF Channel 99 or on the Counttyy sweb por- published in said newspaper in the issues of: COUNTY COMMISSIONERS OF MON- tal4 httn://monroetountyfl.igm2aom/ ROE COUNTY,FLORIDA,RELATING TO Citizens/Default.asnx. Simply select THE IMPOSITION OF SPECIAL ASSESS- the"Watch Live"banner to view the Sunday,January 31,2021 MENTS FOR A SEA LEVEL RISE FLOOD live meeting with live closed-caption- MITIGATION PROGRAM; CREATING in on an integrated page that includes AND ESTABLISHING A MONROE COUN- tfia Agenda and Agenda Backup. TY ROADWAY IMPROVEMENT AND Affiant further says that the Key West Citizen is a newspaper published in Key SEA LEVEL RISE AND FLOOD MITIGA If a citizen has a Roku device,they can TION PROGRAM MUNICIPAL SERVICE search for and add "MCTV to their West,in said Monroe County,Florida and that the said newspapers has hereto- BENEFIT UNIT("MSBU") TO FINANCE personal lineup. Monroe County's fore been continuously published in said Monroe County,Florida every day,and THE IMPROVEMENTS; AUTHORIZING "MCTV"is also provided via the Mon THE IMPOSITION AND COLLECTION roe County mobile apps for iOS and An- has been entered as periodicals matter at the post office in Key West,in said OF ASSESSMENTS AGAINST PROPER- droid and through our streaming web Monroe County,Florida,for a period of 1 year next preceding the first publication TY WITHIN THE UNINCORPORATED portal @ hnp.4LLrl19nroe f�.1-o Sus; of the attached copy of advertisement;and affiant further says that he or she has AREA OF MONROE COUNTY AND SUB- tv/vod/?live=chl&nav=live: JECTTO THE CONSENT BY ORDINANCE neither paid nor promised any person,firm or corporation any discount,rebate, OF THE GOVERNING BOARD OF ANY Citizens can listen to audio-only from commission or refund for the purpos o ecuring this advertisement forpublica- AFFECTED MUNICIPALITY THE MSBU their phones by dialing(646)518.9805 MAY INCLUDE THE BOUNDARIES OF or(669)900.6833 and,when prompt- tioyl a Sald Sp r. A MUNICIPALITY; ESTABLISHING THE ed,enter the webinar ID 995 7249 8241 PROCEDURES FOR IMPOSING ASSESS- followed by the#key. MENTS; ESTABLISHING PROCEDURES FOR NOTICE AND ADOPTION OF AS The public can comment during the live (Signature of Affiant) SESSMENT ROLLS; PROVIDING THAT Public Hearing either by phoning in or ASSESSMENTS CONSTITUTE A LIEN ON by connecting to the live Zoom webi- ASSESSED PROPERTY UPON ADOPTION nar link using:the following instruc- Affirm d nd su rib d before me this 8th day of February 2021 OF THE ASSESSMENT ROLL;PROVIDING Lions: THAT THE LIEN FOR AN ASSESSMENT " COLLECTED PURSUANT TO SECTIONS a) To comment on an item by phone: 197.3632 AND 197.3635, FLORIDA Dial(646)518-9805 or(669)900-6833 (NO$ li IgnatUre) STATUTES, UPON PERFECTION, SHALL and,when prompted,enter the Webi- 11! ATTACH TO THE PROPERTY ON THE nar ID 9957249 8241 followed by the# J�Sp PRIOR JANUARY 1 THE LIEN DATE FOR key,then*9 to"Raise your Hand"to be (r//1 AD VALOREM TAXES PROVIDING THAT recognized by the Zoom webinar host. A PERFECTED LIEN SHALL BE EQUAL IN (Notary Public Printed Name) (Notary Sea[) RANK AND DIGNITY WITH THE LIENS b) To comment on an item using 111 OF ALL STATE,COUNTY,DISTRICT,OR live Zoom webinar link: Open this live - MUNICIPAL TAXES AND ASSESSMENTS Zoom webinar link at h(that occ. p- My.COmmiSSlOn expires C�'� L---�a/.� AND SUPERIOR IN DIGNITY TO ALL z_oom.us/j199572498241 (that also ap- OTHER PRIOR LIENS,MORTGAGES,TI- pears in both the published Agenda TLES, AND CLAIMS; AUTHORIZING and Agenda Packet). When prompt- EXEMPTIONS AND HARDSHIP ASSIS- ed,enter your email address and name Personally Known X Produced Identification— TANCE;PROVIDING PROCEDURES FOR to join the webinar. When the May- COLLECTION OF ASSESSMENTS; AU- or calls for speakers on the item(s)on THORIZING THE ISSUANCE OF OBLIGA- which you wish to comment,or when Type of Identification Produced TIONS SECURED BYASSESSMENTS AND the Board is nearing youritem(s)as the PROVIDING FOR THE TERMS THEREOF; meeting progresses,select the"Raised PROVIDING THAT THE COUNTY'S TAX- Hand"feature that appears at the bot- 1NG POWER SHALL NOT BE PLEDGED; tom of the Zoom webinar screen to PROVIDING REMEDIES;DEEMING THAT be recognized by the Zoom webinar PLEDGED REVENUES SHALL BE CON- host. SIDERED TRUST FUNDS; PROVIDING Notary Pubk State of Florida FOR THE REFUNDING OF OBLIGATIONS; The Zoom webinar host will request Misty D Weeeh PROVIDING THAT THIS ORDINANCE IS the item#on which you wish to speak My Commission HH 044532 AN ALTERNATIVE MEANS OF IMPLE- and enable Tour participation when Expires 03/25a023 MENTATION AND FOR SEVERABILITY; the Mayor ca Is for public speakers on Or e� PROVIDING FOR THIS ORDINANCE TO your item.To report.problems with the BE LIBERALLY CONSTRUED;PROVIDING broadcast or participation in the Zoom FOR CONFLICTS AND CODIFICATION; webinar,please call(305)872-8831, 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 meet. ings,he will need a record of the pro- ceedings, and that, for such purpose, he may need to ensure that a verba- tim 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 partici- pate in this proceeding,please contact the County Administrator's Office,by phoning(303)292-4441,between the hours of 8:30a.m.5:00p.m.,prior to the scheduled meeting;if youare hear- ing or voice-impaired,call'711", live Closed-Captioning is available via our web portal 0 http✓/monroecounty- f!igm2 com/Citizens/Default asbx for meetings of the Monroe County Board of County Commissioners, Dated at Key West,Florida,this 22 day of January,2021. KEVIN MADOK, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida 01/30/21 Key West Citizen meeting of the Board of Count scheduled meeting;it you are NOTICE OF INTENTION TO g y hearing or voice-impaired,call CONSIDER ADOPTION OF Commissioners of Monroe "711"..Live Closed-Captioning COUNTY ORDINANCE County,FL via Communication is available via our web portal Kars NOTICE IS HEREBY GIVEN TO Media Technology(`Cmri @ http://monre ecountyfl igm2, WHOM IT MAY CONCERN that using a Zoom Webmar platform com/Citjzens/DefauItaSPx EEKK on February 17,2021,at 1:30 by following the detailed meetings of the Monroe County I JL P.M,,or as soon thereafter instructions below.The Board of County Commissioners, as matter may be heard, public is strongly encouraged Dated at Key West,Florida,this at the Hervey Government to watch the meeting on 22 day of January,2021 Published Weekly Center,1200TrumanAvenue, ' Monroe County's MCTV on KEVIN MADOIC Clerk of the Key West,Florida,the Board Comcast Channel 76,AT&T Marathon,Monroe County,Florida of County Commissioners of U-verse Channel 99 or on the CrcuitCourtand Monroe County,Florida,intends County's web portal @'http:// ex officlo Clerk of the Board to adopt the following County monroecountyfl°igm1com/ of County Commissioners of PROOF OF PUBLICATION ordinance. Citizens/Default.aspx.Simply Monroe County,Florida ORDINANCE NO. -2021 select the"WatchLive"banner Publt* AN ORDINANCE OF THE BOARD to view the live meeting with February 4,2021 STATE OF FLORIDA OF COUNTY COMMISSIONERS live closed-captioning on an The Weekly Newspapers OF MONROE COUNTY,FLORIDA, integrated;page that includes COUNTY OF MONROE RELATING TO THE IMPOSITION the Agenda and Agenda Before the undersigned authority OF SPECIAL ASSESSMENTS Backup. ersonall appeared JASN IC®LER who FOR A SEA LEVEL RISE FLOOD if citizen has a Roku device, p Y pp MITIGATION PROGRAM; they can search for and add on oath, says that he is PUBLISHER of CREATING AND ESTABLISHING "MCTV"to their personal lineup. the WEEKLY NEWSPAPERS, a week{ A MONROE COUNTY ROADWAY Monroe County's°MCTV"is Y IMPROVEMENT AND SEA also provided via the Monroe newspaper published in Marathon, in LEVEL RISE AND FLOOD County mobile apps for IDS Monroe Count Florida: that the MITIGATION PROGRAM and Android and through y` MUNICIPAL SERVICE BENEFIT our streaming web portal @ attached copy of advertisement was UNIT("MSBU")TOFINANCE THE https://monroe-fl.vod.castus.ty/` published in said newspaper in the IMPROVEMENTS;AUTHORIZING vod/?live=chi&nav=live. p p per THE IMPOSITION AND Citizens can listen to audio-only issues of:(date(s)of publication) COLLECTION OF ASSESSMENTS from their phones by dialing AGAINST PROPERTY WITHIN (646)518.9805 or(669)900- THE UNINCORPORATED AREA 6833 and,when prompted '� u C)f OF MONROE COUNTY AND enter the Webinar ID 995 7249 SUBJECTTO THE CONSENT 8241 followed by the#key, BY ORDINANCE OF THE The public can comment during GOVERNING BOARD OF ANY the live Public Hearing either by Affrant further says that the said WEEKLY AFFECTED MUNICIPALITY phoning in or by connecting to THE MSBU MAY INCLUDE the live Zoom webinar link using NEWSPAPERS is a newspaper published THE BOUNDARIES OF the following instructions; at Marathon, in said Monroe County, MUNICIPALITY,ESTABLISHING a)To,comment on an item by THE PROCEDURES FOR phone:Dial(646)518x9805 Florida,and that the said newspaper has IMPOSING ASSESSMENTS; or(669)900-6833 and,when heretofore been continuously published ESTABLISHING PROCEDURES prompted,enter the WebinarID FOR NOTICE AND ADOPTION; 995 7249 8241 followed by the#> In said Monroe County, Florida, once OF ASSESSMENT ROLLS; key,then*9 to"Raise your Hand each week (on Thursday) and has been PROVIDING THAT ASSESSMENTS to be recognized by the Zoom CONSTITUTE A LIEN ON webinar host. qualified as a second class mail matter at ASSESSED PROPERTY UPON b)To comment on an item using the post office in Marathon, In Monroe ADOPTION OF THE ASSESSMENT the live Zoom webinar link: ROLL;PROVIDING THATTHE Open this live Zoom webinar LIEN AN ASSESSMENT County, Florida,for a period of one year link at https:dmcbocc.zoom, us/j/99572498241 (that also next preceding the first publication of SECTIOTSD 7,3632 PURSUANT TO appears in both the published the attached copy of advertisement.The SECTIONS Agenda and Agenda Packet)° 197.3635,FLORIDA STATUTES, g affiant further says that he has neither UPON PERFECTION,SHALL When prompted,enter your ATTACH TOTHE PROPERTY ON email address and name to join paid nor promised any person, firm, or THE PRIOR JANUARY 1,THE the webinar.When the Mayor Corporation any discount, rebate, LIEN DATE FOR AD VALOREM calls for speakers on theitem(s) Commission Or refund for the purpose TAXES;PROVIDING THAT on which you wish to comment, p p PERFECTED LIEN SHALL.BE or when the Board is nearing securing this advertisement for EQUAL.IN RANK AND DIGNITY your item(s)as the meeting publication in the said newspaper(s)and WITHTHELIENSOF ALL progresses,select the"Raised STATE;COUNTY,DISTRICT, Hand feature that appears that The Weekly Newspapers is in full OR MUNICIPALTESAND at the bottom of the Zoom c m fiance with Ch ter ">0, of the ASSESSMENTSA DSUPERIOR webinar screen tobe recognized : AN DIGNITYTO ALL OTHER byy the Zoom webinar host, Florida State Statutes on Leal an IN DIGNIOR ITYTOA LOTHES, The Zoom webinar host will Official Advertisements. TITLES,AND CLAIMS; request the item#on which you AUTHORIZING EXEMPTIONS' wish to speak and enable your AND HARDSHIP ASSISTANCE; participation when the Mayor PROVIDING PROCEDURES FOR calls for public speakers on your COLLECTION OF ASSESSMENTS; item.To report problems with AUTHORIZINGTHE ISSUANCE the broadcast or participation Sworn to and subscribed before me OF OBLIGATIONS SECURED BY in the Zoom webinar,please call this 14 day of _,2021. ASSESSMENTS AND PROVIDING (305)872-8831. FOR THE TERMS THEREOF; Pursuant to Section286.0105, (SEAL) PROVIDING THAT THECOUNTY'S Florida Statutes,notice is TAXING POWER SHALL NOT given that if a person decides BE PLEDGED;PROVIDING to appeal any decision made REMEDIES;DEEMINGTHAT byte Board with respect {rotary PLEDGED REVENUES SHALL to any matter considered at BE CONSIDERED TRUST such hearings or meetings, FUNDS;PROVIDING FOR THE he will need a record of the REFUNDING OF OBLIGATIONS; proceedings,and that,for such PROVIDING THAT THIS purpose,he may need to ensure ORDINANCE 15 AN ALTERNATIVE that a verbatim record of the o<ro� F TERRY PATTERS proceedings is made,which MEANS OF IMPLEMENTATION p g MY COMMISSION#GG 168950 AND FOR SEVERABILITY; record includes the testimony PROVIDING FOR THIS and evidence upon which the "�°`''= EXPIRES:December 17,2021 appeal is to be based. ORDINANCE TO BE LIBERALLY Banded Thru Notary Public Underwriters CONSTRUED;PROVIDING FOR ADA ASSISTANCE: you are a CONFLICTS AND CODIFICATION; person with a disability who PROVIDING FOR INCLUSION IN needs special accommodations THE MONROE COUNTY CODE; in order to participate in this PROVIDNG FOR.SEVERABILITY; proceeding,please contact AND PROVIDING AN EFFECTIVE the County Administrator's DATE. Office,by phoning(305)292- The public can participate 4441,between the hours of In the February 17,2021, 8:30a,m.---5.00p.m.,prior to the Marathon-Sunshine Key-Big Pine Key-No Name Key-Little,Middle&Big Torch Key-Ramrod Key-Summerland Key-Cudjoe Key-Sugarloaf Key 81G p j TORCH At pt). 30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043 Phone: 305-872-0106 Fax: 305-515-2939 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Steve Estes, who on oath says that he is the Publisher for the News-Barometer, a weekly newspaper published each Friday in Big Pine Key, Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of: LEGAL NOTICE: NOTICE OF INTENT TO CONSIDER ORDINANCE SPECIAL ASSESSMENTS SEA LEVEL RISE PROJECTS: COUNTY ADMINISTRATOR, HISTORIC GATO BUILDING 1100 ,SIMONTON ST., SUITE 2-205, KEY WEST, FL 33040 was published in said newspaper in the issue(s) of: FEBRUARY 5, 2021 Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in said Monroe County, Florida and that said newspaper has heretofore been continuously published in said Monroe County, Florida each week and has been entered as first-class mail matter at the post office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in said newspaper. N u Signature of Affiant Swor subscribed before me this 12TH Day of FEBI94JARY 2021 Signature of Notary Printed Name of Notary Expires . Personally Known Produced Identification Type of Identification Produced R VANESSA HEDRICKMY COMMISSION#[11149739 EXPIRES:October 06,2024 Page 10 News Barometer February 5,2021 -CODE - - - s "People may come into compli- well past its state mandate dead- "We want to get compliance as >``{ � �j, AIai ance at any point in the process," line for having enhanced waste- quickly as we can,but want to said McPherson. water throughout the island work with the property owner as Before anyone actually winds chain. much as we can to achieve that up in front of the Special The original deadline was compliance. Magistrate,says McPherson,her 2010.That was extended to 2015, The goal is better water quality inspectors will visit the property and has been extended each year and this is a step toward that," to ensure that the structure wasn't since as construction wasn't com- said McPherson taken out by Hurricane Irma or pleted until 2019. other reason. She said staff will also check county records to dis- LEGAL NOTICES cover if any of the referred prop- erties already have permits to NOTICE OF INTENTION TO CONSIDER http://monroecountyfl.igm2.com/Citizens/Default.aspx. Simply perform the work."If the work is ADOPTION OF COUNTY ORDINANCE select the"Watch Live"banner to view the live meeting with live in progress and contracts are closed-captioning on an integrated page that includes the signed, we can delay hearings," NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN Agenda and Agenda Backup. she said. "Our goal is compli- that on February 17,2021,at 1:30 P.M., or as soon thereafter ance." as the matter may be heard, at the Harvey Government If a citizen has a Roku device, they can search for and add "We might find a few instances Center,1200Truman Avenue,Key West,Florida,the Board of "MCTV" to their personal lineup. Monroe County's "MCTV" is of properties that applied for a County Commissioners of Monroe County, Florida, intends to also provided via the Monroe County mobile apps for iOS and permit and then have done noth- adopt the following County ordinance: Android and through our streaming web portal @ https:Hmon- ing to advance that permit. We roe-fl.vod.castus.ty/vod/?live=chi&nav=live. need to remind them that the ORDINANCE NO. -2021 hook up is mandatory and can Citizens can listen to audio-only from their phones by dialing give them a compliance date," AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- (646) 518-9805 or(669) 900-6833 and, when prompted, enter she said. SIONERS OF MONROE COUNTY, FLORIDA, RELATING TO the Webinar ID 995 7249 8241 followed by the#key. If the issue gets to the Special THE IMPOSITION OF SPECIAL ASSESSMENTS FOR A SEA Magistrate and the property LEVEL RISE FLOOD MITIGATION PROGRAM; CREATING The public can comment during the live Public Hearing owner is found in violation the AND ESTABLISHING A MONROE COUNTY ROADWAY either by phoning in or by connecting to the live Zoom county's options include potential IMPROVEMENT AND SEA LEVEL RISE AND FLOOD MITI- webinar link using the following instructions: fines, usually $100 per day for GATION PROGRAM MUNICIPAL SERVICE BENEFIT UNIT this type of infraction. ("MSBU")TO FINANCE THE IMPROVEMENTS; AUTHORIZ- a)To comment on an item by phone: Dial(646)518- "The Special Magistrate will ING THE IMPOSITION AND COLLECTION OF ASSESS- 9805 or (669) 900-6833 and, when prompted, enter the a compliance iancethep line, owner MENTS AGAINST PROPERTY WITHIN THE UNINCORPO- Webinar ID 995 7249 8241 followed by the # key, then *9 to a compliance deadline, usually 60 to 90 days depending on the Y g y our RATED AREA OF MONROE COUNTY AND SUBJECT TO "Raise Hand" to be recognized b the Zoom webinar individual circumstances," THE CONSENT BY ORDINANCE OF THE GOVERNING host. McPherson said. BOARD OF ANY AFFECTED MUNICIPALITYTHE MSBU MAY At 40 cases per month,actually INCLUDE THE BOUNDARIES OF A MUNICIPALITY;ESTAB- b)To comment on an item using the live Zoom webi- getting every property in to the LISHING THE PROCEDURES FOR IMPOSING ASSESS- nar link: Open this live Zoom webinar link at code hearing could take more MENTS; ESTABLISHING PROCEDURES FOR NOTICE AND https:Hmcbocc.zoom.us/j/99572498241 (that also appears in than three years. ADOPTION OF ASSESSMENT ROLLS; PROVIDING THAT both the published Agenda and Agenda Packet). When But McPherson says that usual- ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED prompted,enter your email address and name to join the webi- ly isn't the case. PROPERTY UPON ADOPTION OF THE ASSESSMENT nar. When the Mayor calls for speakers on the item(s)on which "Once the word spreads that we ROLL; PROVIDING THAT THE LIEN FOR AN ASSESSMENT you wish to comment,or when the Board is nearing your item(s) are kicking off enforcement,peo- COLLECTED PURSUANT TO SECTIONS 197.3632 AND as the meeting progresses, select the "Raised Hand" feature ple come around and realize they 197.3635, FLORIDA STATUTES, UPON PERFECTION, that appears at the bottom of the Zoom webinar screen to be need to comply with the man- SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANU- recognized by the Zoom webinar host. date,"she said. ARY 1,THE LIEN DATE FOR AD VALOREM TAXES;PROVID- She said that Monroe County is ING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK The Zoom webinar host will request the item # on which you AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, wish to speak and enable your participation when the Mayor -VACCINE DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS calls for public speakers on your item. To report problems with AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, the broadcast or participation in the Zoom webinar,please from Page 1 MORTGAGES, TITLES, AND CLAIMS; AUTHORIZING call(305)872-8831. 9 EXEMPTIONS AND HARDSHIP ASSISTANCE; PROVIDING to schedule COVID-19 vaccine PROCEDURES FOR COLLECTION OF ASSESSMENTS; Pursuant to Section 286.0105, Florida Statutes, notice is given appointments for individuals 65 AUTHORIZING THE ISSUANCE OF OBLIGATIONS that if a person decides to appeal any decision made by the and older and frontline health SECURED BY ASSESSMENTS AND PROVIDING FOR THE Board with respect to any matter considered at such hearings or care workers. TERMS THEREOF; PROVIDING THAT THE COUNTY'S TAX- meetings,he will need a record of the proceedings,and that,for Individuals can pre-register for ING POWER SHALL NOT BE PLEDGED;PROVIDING REME- such purpose, he may need to ensure that a verbatim record of vaccine appointments and be DIES; DEEMING THAT PLEDGED REVENUES SHALL BE the proceedings is made, which record includes the testimony notified when appointments are CONSIDERED TRUST FUNDS; PROVIDING FOR THE and evidence upon which the appeal is to be based. available in their area by visiting REFUNDING OF OBLIGATIONS; PROVIDING THAT THIS http://myvaccine.fl.gov. This ORDINANCE IS AN ALTERNATIVE MEANS OF IMPLEMEW ADA ASSISTANCE: If you are a person with a disability who website will allow individuals TATION AND FOR SEVERABILITY; PROVIDING FOR THIS needs special accommodations in order to participate in who are eligible to receive the ORDINANCE TO BE LIBERALLY CONSTRUED; PROVIDING this proceeding,please contact the County Administrator's COVID-19 vaccine to be proac- FOR CONFLICTS AND CODIFICATION; PROVIDING FOR Office, by phoning (305) 292-4441, between the hours of tively contacted when vaccine INCLUSION IN THE MONROE COUNTY CODE; PROVIDNG 8:30a.m.-5.00p.m.,prior to the scheduled meeting;if you appointments are available at FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE are hearing or voice-impaired, call "711". Live Closed- state-supported vaccination sites. DATE. Captioning is available via our web portal @ http://monroe- On the site,residents can select countyfl.igm2.com/Citizens/Default.aspx for meetings of their county and submit their The public can participate in the February 17,2021,meeting the Monroe County Board of County Commissioners. contact information. Once of the Board of County Commissioners of Monroe County, appointments are available,indi- FL via Communication Media Technology("Cli using a Dated at Key West, Florida,this 22 day of January,2021. viduals will be contacted by Zoom Webinar platform by following the detailed instruc- phone call,text or email and will tions below. The public is strongly encouraged to watch the (SEAL) KEVIN MADOK, Clerk of the Circuit Court and be assisted in scheduling an meeting on Monroe County's MCTV on Comcast Channel 76, ex officio Clerk of the Board of County Commissioners See VACCINE on Page 11 AT&T U-verse Channel 99 or on the County's web portal @ of Monroe County, Florida GJ�t C°UR"c o: Kevin Madok, CPA .. .... Clerk of the Circuit Court& Comptroller— Monroe Count Florida •ROE COUNT. Y1 March 3, 2021 Department of State Adtuiiiistrative Code& Register 500 S Bronough Street Tallabassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 002-2021 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 Ser-NriCe Benefit Unit("MSBU") to finance the improvements; authorizing the imposition and collection of assessments against property within the tuiiiicorporated area of Monroe County and subject to the consent by Ordinance of the governiiig board of anv affected municipality the MSBU may include the botuidaries of a municipality; establishing the procedures for imposing assessments; establishing procedures for notice and adoption of assessment rolls; proxriding that assessments constitute a lien on assessed property upon adoption of the assessment roll; proxriding that the lien for an assessment collected pursuant to sections 197.3632 and 197.3635, Florida Statutes,upon perfection, shall attach to the property on the prior Januaiy 1, the lien date for ad valorem taxes; proxriding that a perfected lien shall be equal iii rank and dignity with the liens of all state, comity, district, or municipal taxes and assessments and superior iii dignity to all other prior liens,mortgages, titles, and claims; authorizing exemptions and hardship assistance; proxriding procedures for collection of assessments; authorizing the issuance of obligations secured by assessments and proxriding for the terms thereof; proxriding that the Cotuiws taxing power shall not be pledged; proxriding remedies; deeming that pledged revenues shall be considered trust fluids; proxridiiig for the reftuidiiig of obligations; proxridiiig that this Ordinance is an alternative means of implementation and for severability; prox"diiig for this Ordinance to be liberally construed; proxridiiig for conflicts and codification; proxridiiig for inclusion iii the Monroe County Code; proxridiiig for severability; and prox"ding an effective date. KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Ordinance No. 002-2021 March 3, 2021 This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on February 17, 2021. Should you have any questions please feel free to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court&Comptroller& ex-officio to the Monroe County Board of County Commissioners bv.•Pamela G. Hancock, D.C. cc: Planning& Environmental County Attorney_ BOCC File tr ! it '. RON DESANTIS LAUREL M. LEE Governor Secretary of State March 4, 2021 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam Hancock Dear Mr. Madok: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 002-2021, which was filed in this office on March 3, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270