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Item S3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 19, 2013 Division: PWD/Engineering— Bulk Item: Yes _ No X Department: Wastewater Staff Contact Person/Phone #: Kevin Wilson / 8797 3:00 Public Hearing AGENDA ITEM WORDING: Public Hearing to adopt the Final Assessment Resolution (FAR) describing the method of assessment for properties in the Cudjoe Regional Inner Islands Wastewater Supplemental Assessment Program ITEM BACKGROUND: In accordance with section 197.3632, F.S. setting the uniform method for the levy, collection, and enforcement of non -ad valorem assessments, the local government shall hold a properly noticed public hearing to adopt the FAR imposing the assessment rates and approval of the non -ad valorem assessment roll. The Inner Islands include Upper Sugarloaf, Cudjoe and Summerland Key. PREVIOUS RELEVANT BOCC ACTION: May 15, 2013, BOCC approved the Cudjoe Regional Inner Islands Wastewater Supplemental Initial Assessment Resolution 154-2013. January 16, 2013, BOCC approved addition of a limited number of expanded properties for the Inner Islands area. July 18`h, 2012, BOCC approved Final Assessment Resolution 197-2012 for the Cudjoe Regional Centralized Wastewater Treatment System. June 20, 2012, BOCC approved Initial Assessment Resolution 173-2012 for the Cudjoe Regional Centralized Wastewater Treatment System. On October 17, 2012, BOCC adopted Resolution 331-2012 to collect System Capacity Fees at the time of permit issuance from properties developed after adoption of the assessments in Resolutions 197-2012 CONTRACT/AGREEMENT CHANGES: Collecting assessments for the expanded and newly developed properties in the Cudjoe Regional Inner Islands area. STAFF RECOMMENDATIONS: Approval TOTAL COST: —varies / <$100.00 (+/- $1.50 per parcel to mail notices) INDIRECT COST: N/A BUDGETED: Yes X No _ DIFFERENTIAL OF LOCAL PREFERENCE: _ COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes x No _ AMOUNT PER — TBD — varies (assessment collections vs annual tax bill option) �( APPROVED BY: County Atty"= OMB/Purchasing _ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 RESOLUTION NO. -2013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER CAPACITY; IMPOSING ANNUAL WASTEWATER ASSESSMENTS FOR PROPERTIES ADDED TO THE SERVICE AREA IN JANUARY 2013 OR DEVELOPED SINCE THE PRIOR ASSESSMENT ROLL FOR THE CUDJOE REGIONAL INNER ISLANDS SERVICE AREA; APPROVING THE SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 15, 2003 the Board of County Commissioners (the 'Board") of Monroe County, Florida, enacted Ordinance No. 027-2003 (the "Ordinance"), to authorize the imposition of special assessments to fund the cost of wastewater treatment capacity; and WHEREAS, on June 20, 2012, the Board adopted Resolution No. 173-2012 (the "Initial Assessment Resolution") relating to the provision of wastewater service to properties in the Cudjoe Regional Centralized Inner Islands Service Area, describing System Development Fees (SDFs), collection costs and other terms and conditions of wastewater assessment for properties located within these areas; and directing preparation of the preliminary Non -Ad Valorem Assessment Roll and publication of the notice required by the Ordinance; and WHEREAS, on July 18, 2012 the Board adopted Resolution No. 197-2012 (the Final Assessment Resolution) relating to the provision of wastewater capacity; imposing annual wastewater assessments; approving the Non -Ad Valorem assessment roll; providing for collection of the wastewater assessments; and providing an effective date; and WHEREAS, on May 15, 2013, the Board adopted Resolution No. 154-2013, the Cudjoe Regional Inner Islands Wastewater Assessment Supplemental Program Initial Assessment Resolution (the "Initial Inner Supplemental Assessment Resolution"), as amended herein; and WHEREAS, the Initial Inner Supplemental Assessment Resolution, as amended herein, contains and references a brief and general description of the properties to be assessed; and WHEREAS, in order to levy the Wastewater Assessments for the Fiscal Year beginning October 1, 2013, the Ordinance requires the Board to adopt a Final Supplemental Assessment Resolution ("Resolution") which establishes the rates of the assessment and approves the Wastewater Assessment Roll for the upcoming Fiscal Year, with such amendments as the Board deems appropriate, after hearing comments and objections of all interested parties; and WHEREAS, the updated Wastewater Assessment Roll has been filed with the County Administrator, as required by the Ordinance; and Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 1 of 24 WHEREAS, notice of a public hearing has been published and wailed, as required by the terns of the Ordinance, notifying each property owner of the opportunity to be heard concerning the assessments; the proof of publication and affidavit of mailing are attached hereto as Appendices A and B; and WHEREAS, a public hearing was held on June 19, 2013 and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 125, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution as defined in the Ordinance. All capitalized terms in the Resolution shall have the meanings defined in the Ordinance and the Initial Supplemental Assessment Resolution. SECTION 3. MODIFICATION AND CONFIRMATION OF INITIAL SUPPLEMENTAL ASSESSMENT RESOLUTION. (A) For purposes of clarification, the term "System Development Fee" contained in Section 1.01 in the Initial Inner Supplemental Assessment Resolution is modified to read as follows: "System Development Fee" means that portion of the capital cost of the wastewater system being assessed to each owner of a Tax Parcel up to a maximum of $4,500 per Equivalent Dwelling Unit (EDU). The number of EDUs for residential properties will be the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of adoption of the resolution. The EDU Allocation for non- residential property is calculated by using the highest three month average water consumption over a three year period and dividing it by the average monthly water consumption for a residential unit. For the purposes of EDU Allocation, the average water consumption for a residential unit is 167 gallons/day. [rest of page intentionally left blank] Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 2 of 24 SECTION 4. INITIAL INNER SUPPLEMENTAL ASSESSMENT RESOLUTION AMENDED. (A) The Initial Inner Supplemental Assessment Resolution is hereby amended as follows to include this new Section 2.02 concerning the expansion of the Cudjoe Regional Inner Islands Wastewater Assessment Supplemental Program: SECTION 2.02. EXPANSION OF CUDJOE REGIONAL INNER ISLANDS WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM. The Cudjoe Regional Inner Islands Wastewater Assessment Supplemental Program, as described in Section 2.01 of the Initial Inner Supplemental Assessment Resolution is hereby expanded to include the following parcel, as more particularly described by the following Alternate Key numbers: AltKey Owner Name 1233111 CBRIS LLC (B) All other sections of the Initial Inner Supplemental Assessment Resolution shall be renumbered accordingly to allow for this new Section 2.02. (C) Except as modified, supplemented and amended herein, the Initial Inner Supplemental Assessment Resolution shall remain in full force and effect. SECTION S. CONFIRMATION OF INITIAL INNER SUPPLEMENTAL ASSESSMENT RESOLUTION. The Initial Inner Supplemental Assessment Resolution, as amended herein, is hereby ratified and confirmed. SECTION 6. APPROVAL OF NON -AD VALOREM ASSESSMENT ROLL. The Non -Ad Valorem Assessment Roll, a copy of which is attached hereto as Appendix C, is hereby approved. SECTION 7. WASTEWATER ASSESSMENTS (A) The Tax Parcels described in the Non -Ad Valorem Assessment Roll are hereby found to be specially benefited by the provision of wastewater capacity in the amount of the annual Wastewater Assessment set forth in the Non - Ad Valorem Assessment Roll. The methodology for computing annual Wastewater Assessments described in the Initial Inner Supplemental Assessment Resolution represents a fair and reasonable apportionment of cost among the Tax Parcels receiving the special benefit and is hereby approved. Annual Wastewater Assessments computed in the manner described in the Non -Ad Valorem Assessment Roll at the rate and for the term designated for each Tax Parcel in the Non -Ad Valorem Assessment Roll are attached hereto as Appendix C. The Initial Inner Supplemental Annual Wastewater Assessment will be included on the ad valorem tax bill to be mailed in November 2013. Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 3 of 24 (B) Pursuant to the Uniform Assessment Collection Act and the Ordinance, the Wastewater Assessments shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other Non -Ad Valorem assessments Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the Board of the Final Inner Supplemental Assessment Resolution or an Annual Assessment Resolution and shall attach to the property included on the Non -Ad Valorem Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. (C) As to any Real Estate Parcel that is acquired by a public entity through condemnation, negotiated sale or otherwise prior to adoption of the next Annual Assessment Resolution, the Adjusted Prepayment Amount shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal tax and other Non -Ad Valorem assessments. Except as otherwise provided by law, such lien shall be superior In dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the BOCC of the Final Inner Supplemental Assessment Resolution and shall attach to the property included on the Assessment Roll upon adoption of the Final Inner Supplemental Assessment Resolution. SECTION 8. COLLECTION OF WASTEWATER ASSESSMENTS. The Wastewater Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the County Administrator shall cause the certification and delivery of the Non -Ad Valorem Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 9. EFFECT OF FINAL INNER SUPPLEMENTAL ASSESSMENT RESOLUTION. The adoption of the Final Inner Supplemental Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Inner Supplemental Assessment Resolution (including, but not limited to, the reasonableness of the legislative determination of special benefit and fair apportionment to the assessed property; the reasonableness of the method of apportionment; the enforceability and accuracy of the calculation of the initial rate of assessment and the preparation of the initial Non -Ad Valorem Assessment Roll; and the validity and the enforceability of the lien of the annual Wastewater Assessment), unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board action on this Final Inner Supplemental Assessment Resolution. Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 4 of 24 SECTION 10. ASSESSMENT NOTICE. The County Administrator is hereby directed to record this Resolution as notice of the Wastewater Assessments in the Official Records Book in the office of the Monroe County Clerk of Courts. The preliminary Non -Ad Valorem Assessment Roll and each annual Non -Ad Valorem Assessment Roll shall be retained by the County Administrator and shall be available for public inspection. SECTION 11. APPEAL PROCEDURE. (A) EDUs were allocated for Real Estate Parcels requiring wastewater service within the Centralized Cudjoe Regional Wastewater Service Area based on the Property Appraiser classification of residential parcels and the water consumption for non- residential parcels. The appeal procedure attached hereto as Appendix D is hereby established for an owner of a Real Estate Parcel to challenge the treatment of the property for purposes of the assessments. (B) Notwithstanding Section 11 of the Final Inner Supplemental Assessment Resolution, any appeals for the 2013 tax bill must be filed by August 31, 2013. SECTION 12. PREPAYMENT NOTICES. The County Administrator is hereby directed to provide notice by first class mail to the owner of each Real Estate Parcel described in the Assessment Roll of the opportunity to prepay all future annual Assessments, without additional financing or administrative costs. The notice, in substantially the form attached as Appendix E, shall be mailed to each property owner at the address utilized for the notice provided pursuant to Section 3.04 of the Initial Inner Supplemental Assessment Resolution, as amended herein. SECTION 13. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. [rest of page intentionally left blank —signature page follows] Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 5 of 24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 19`h day of June 2013. Mayor George Neugent Mayor Pro Tern Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairperson [rest of page intentionally left blank] MONROE COUNTY ATTORNEY AP OV D.A T F M: NTHIA L. ALL ASSIST T COUNTY TTORNEY Date__ _ _—_ ��WH Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 6 of 24 Appendix A Proof of Publication Cudjoe Inner Islands Final inner Supplemental Assessment Resolution Page 7 of 24 THE REPORTER P.O. Box 1197, Tavernier, F133070 92655 Overseas Hwy, Tavernier FI 33070 Phone 305- 852-3216, Fax 305- 852-0199 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the THE REPORTER, a weekly newspaper published in Tavernier, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of. (date(s) of publication) 5- ,�ZY--/3 Affant further says that the said THE REPORTER is a newspaper published at Tavernier, in said Monroe County, . Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each week (on Friday) and has been entered as a second class mail matter at the post office in Tavernier, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The THE REPORTER is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Wayne,.Mar P Gsher Sworn to and subscribed before me this_/Day of 2013 (SEAL) Notary BEVERLY'i AAECER ea += NJ COMitiS$10^] OLD 9H749 .; EXPIRES: April f d, 2014 :�;- Bonded 7hw Notary Pubk Underwriters P'�' G ^,Y 1�%� Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 8 of 24 properties to. receive central wastewater servi the Master Plan Update approved. by the Bo and.updated by resolution on July 18, 20 2. F mentprogran s were mailed to,owne'r addres, adoption of the initial resolution on May 15, Cudjoe Regional Wastewatez Treal. i lass notices describing the si a file with thepropefty appi [ENTS; WARNER �a .f A more specific description of the' Cudjoe Regional Inner Islands Wastewater Assessment Supplemental Program is set forth in the-proposed,Final Assessment Resolution which can be viewed on the Monroe County website at http://fl-m6nroecounty.6ivicplus.com/a endacenter fol- ` lowing publication of the June 19, 2013`BOCC agenda following publication of the June19,: 2013 BOCC agenda: The preliminary.Non-Ad Valorem Assessment Roll for the Cudjoe Regional Inner Islands Wastewater Assessment Supplemental Program' is available for inspection at the County. Administrator's office, located; at The Historic Gato Cigar Factory, 1100 Simonton'Street; Suite 2- 205, Key West, Florida. The assessments will be collected on the ad valorem tax bill by the Tax Collector, as authorized by Section�197 3632; Florida Statutes. ,Failure to pay the assessment will cause'a tax certificate to be issued against the property which may result in a loss of title. The Board intends to collect the assessments in installments, the first of which will be included on the ad valorem tax bill to be mailed in November 2013. 0 The public hearing is being held for the purpose of receiving public comment ion the proposed assessments and collection of the assessmenjonthe ad valorem tax roll. All affected property own- Cudjoe Inner ers have a right -to appear at the hearing and to, file written objections with the County Islands Administrator any time prior to the public hearing, or twenty days from the date of this notice, Final Inner whichever is longer. Supplemental Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal Assessment any decision made by the Board with respect to any matter considered at the hearing, such per Resolution son will need' a record of the proceedings, and that, for such purpose, such person may need to ensure that a'verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is -to be' based. - 9 of 24 Pursuant to Section 286.0105,`Florida Statutes, notice is given that if a,person decides to appeal 10 of 24 FL0RI0A KEYS 115. HIM Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, - in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The afffant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and OffiCiaf Advertisements. Sworn to Op subscribed before me this of 722G�. 2013 (SEAL) Notary ,�: �., eevER�vrRAeesR ' do 141Y COMhvliSS10�J # DD 9fi9749 I =°^' .�' EXPIRES: April 18; 20i4 + �?;'F"�" Bonded 3hruNota Puy P,•„h.• ry vlic Undenvdters ! Cudjoe Inner Islands Final Inner Supplemental Assessment. Resolution Page 11 of 24 w WASTEWATER ASSE'SSNT! SUPPLEMENTAL PROGRAM FINALASSESSMENT RESOD TION . 12 of 24 CUDJOE REGIONAL INNER ISLANDS Cudjoe Inner Islands Final Inner Supplement Assessment Resolution A more specific. description; of the Cudjoe Regional Inner sIslands 'Wastewater Assessment SupplementalProgram is set forth in the proposed Finial Assessment; Resolution which can be viewed on the Monroe Countywebsite'at http:l/fl-monroecounty.civieplus.com/agendacenter fol lowing publication of the June 19, 2013 BOCC agenda. following publication of the June J 9, 20.13' BOCC agenda: The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe Regional Inner Islands Wastewater Assessment Supplemental Program 'is available for inspection at the County' 1 Administrator's 'office, located at The Historic Gato Cigar Factory, 1100 Simonton Street,.. Suite '2 _ 205, Key West, Florida. The assessments will be collected on the ad valorem tax bill by the Tax Collector,. as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss,, of title. The Board intends to collect the assessments in installments; the first of which will be included on the ad valorem tax bill to.be mailed in November 2013. The public hearing is being held for the purpose of receiving public comment on the proposed assessments and collection of the assessment on the ad valorem tax roll. All affected property own- ers have a right to, appear at the hearing ;and: to 'file written objections with the County Administrator: any time prior to the public hearing, or twenty days from'the date, of this notice, ,Whichever is longer. Pursuant to Section 286.0105, Florida Statute"s,'nvtice is; given that if a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such per- son will need a record of the proceedings, and that; for such purpose, such person may need to ensure'that a verbatim record of the proceedings is made, which `record includes the testimony and evidence upon which the appeal. is to be based. ADAASSISTANCE: Ifyou are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441„between; the hours of &30 am. - 5s00 p.m., no later than five-(5) cal-. endar days prior to the scheduled meeting, if yo'ta are hearing or voice impaired, call Dated at Key West, Florida this 1511 day of May, 2013. AMY HEAVILIN Clerk of the Circuit Court and ex, officio Clerk of the Board of County Commissioners of Monroe County, Florida Published Keynoter 5-25-13' -P age 13 of 24 MMTHE KEY"WEST STATE OF FLORIDA ten. COUNTY OF MONROE Cooke Communications, LLC Florida Keys PO Box 1800 Before the undersigned authority personally appeared Tommy Todd, who on Key West FI 33041 oath says that he is Advertising Director of the Key West Citizen, a daily Office .... 305-292-7777 newspaper published in Key West, in Monroe County, Florida; that the Extension ... x219 attached copy of advertisement, being a legal notice in the matter of Fax ....... 305-296-8025 1�, f _ I�als0kevsnews.com k3� 0.e- ��Jp� (U�} GT �l�✓�' �{�SCMr.,.� INTERNET PUBLISHING � t 0AJ') ` V �1C 1 keywest.com keysnews.com florkey-w st.co om key-west.com was published in said newspaper in the issues of p( ) Web Design Services Mm� 7y. Zc�l3 NEWSPAPERS The Citizen Southernmost Flyer Affiant further says that the Key West Citizen is a newspaper published in Solares Hill Key West, in said Monroe County, Florida and that the said newspaper has Florida Keys Free Press heretofore been continuously published in said Monroe County, Florida every MARKETING SERVICES day, and has been entered as second-class mail matter at the post office in Key Commercial Printing Citizen Locals Card West, in said Monroe County, Florida, for a period of 1 year next preceding Direct Mail the first publication of the attached copy of advertisement; and affiant further FLORIDA KEYS OFFICES says that he has neither paid nor promised any pe firm or corporation any Printing / Main Facility discount, rebate, commission or refund for the ose of s in this pg 3420 Northside Drive Key west, FL advertisement for publication in the said newspaper. 33040-1800 Tel 305-292-7777 Fax 305-294-0768 citizen a kevwest.com Internet Division Tel 305-292-1880 Fax 305-294-1699 > sales@keywest.com Sworn and subscribed before me this C day of JA4" 1,4 12013 Upper Keys Office r 91731 Overseas Hwy Tavernier, FL 33070 Notary Public: DAWN KAWZINSKY NOTARY PUBLIC Tel 305-853-7277 Fax 305-853-0556 ESTATE OF FLORIDA freepress@floridakeys.com kOIV�� T Comm# EE157233 s�Hce te�� Expires 1/4/2016 DawnKawwziinsky Expires: 1/4/16 Notary Seal Personally Known x Produced Identification Type of Identification Produced Cudjoe Inner Islands Page 14 of 24 Final Inner Supplemental Assessment Resolution NOTICE 61: INTENTION TO CONSIDER ADOPTION OF COUNTY FINAL ASSESSMENT RESOLUTION NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 19, 2013 at 3:00 p.m., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County Commissioners oMonroe : ounty. Florida -ntends to conduct public hearings to consider approval of the following County fine`: assessment resolution. CUDJOkREGr0mA4LINN A19LAWISS WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM FINAL ASSESSMENT RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER CAPACITY- IMPOSING ANNUAL WASTEWATER ASSESSMENTS FOR PROPERTIES ADDED TO THE SERVICE AREA IN JANUARY 2013 OR DEVELOPED SINCETHE PRIOR ASSESSMENT ROLL FORTHE CUDJOE REGIONAL INNER ISLANDS SERVICE AREA; APPROVINGTHE SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. The figure below depicts the limits of tht, Cudjoe Regional Wastewater Treatment System Inner �siands Service Area. Wastewater Assessments shall be Imposed on improvedprivately owned tax parcels in the centralized Cudjoe Regional Service Area in the Cudjoe Regional Services Area that include (1) Inner island expanded service area parcels, as adopted by resolution on JANUARY 16, 2013; (2) parcels �r the Cudjoe Regional Wastewater Treatment System Service Area that have been developed or Issued a permit to develop after JANUARY 28, 2009- The final non -ad valorem supplemental assessment roils prepared as directed by the adoption of this resolution will include properties to receive central wastewater service The central service boundary is as delineated in the Master Plan Update approved by the Board of County Commissioners on January 28, 2009 and updated by resolution on July 18, 2012 First class notices describing the supplementa[ assessment programs were mailed to owner addresses on file with the property appraiser following the adoption or the initial resolution on May 15, 2013. Cudtoe Regional Wastewater Treatment System Inner Islands Service Area 1 c A more specific description of the Cuajod Regions inner Islands Wastewater Assessment Supplemental Program is set forth in the proposed Final Assessment Resolution which can be viewed on thet Monroe County website fat htlpi1, montoecourdy.ctvicplus comtegendacenter following pubiicailon of the June 19 2013 OCC agenda, The preliminary Non -Ad Valorem Assessment Rol' for the Cudjoe Regoona Inner 'stands Wastewater Assessment Suppiernental Program is available for inspection at the County Administrator's office located at The Histonc Gato Cigar Factory " 00 Simonton Stree, Suite : -205; Key Wes;, Floridaf The assessments will be collected on the dd valorem tax bill by the Tax Collecto-. as authorized by Section 197 3632, Florida Statutes. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a foss of title. The Board intends to collect the assessments in installments, the first o" which will be Included on the ad valorem tax bill to be mailed in November 2013. The publicjhearing is being held for the purpose of receiving public comment on the proposed assessments and coildclioh of the assessment on the ad valorem tax roil - All affected property owners have a r2M to appear at &-ha'gring aria to file wrftt4n abiectlons with the County Administrator any time pliar to the public hearing, or twenty days i,r rr the date of this notice, whichever is longer Pursuant to Section 286.0105, Florida Statutes, notice is given that ,i a person decides to appeal arty decision made by the Board with respect to any matter considered at the hearing such person will need a record of the proceedings, and that, for such purpose such person may need to ensure that a verbatim record ofittre pioce'Wings is made, which record Includes the testimony and evidence upon which the appeal i# to be based. to participate 117 tits proceeding, Please edhiact the County Adminlatretor's Office, by phoning (305) 292-4441 tlatween the AbluA,of 6:30 a.m. - �t00 p m.j no later thin five . 5J calendar days prior to the scheddid?i7neWng; if at& hearing or voice impaired, call "711 " Dated at Key West, Fl6rfda this 151h day of May, 2013. AMY HEAVILIN, Clerk of the Circuit Court and ex offfcio Clerk of the Board of County Commissioners of Monroe County, Florida N 2913 KeYwed0ft0n Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 15 of 24 Appendix B Affidavit of Mailing Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 16 of 24 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Kevin Wilson and Sandi Melgarejo, who, after being duly sworn, depose and say: 1. Kevin Wilson, Monroe County Public Works & Engineering Division, (the "County"), pursuant to the authority and direction received from the Board of County Commissioners thereof, timely directed the preparation of the Cudjoe Regional Inner Island Wastewater Supplemental Assessment Roll and the preparation, mailing, and publication of notices, in conformance with the Initial Assessment Resolution adopted by the County Commission on May 15, 2013. 2. Sandi Melgarejo is Project Coordinator for Government Services Group, Inc., a Florida corporation ("GSG"). GSG has caused the notices required to be prepared in conformance with the Initial Assessment Resolution. An exemplary form of such notice is attached hereto. GSG has caused such individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the County expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. - � 1 3. On or before May 29, 2013, GSG caused the mailing of the above - referenced notices in accordance with the Initial Assessment Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Monroe County Property Appraiser for the purpose of collection of ad valorem taxes. FURTHER AFFIANTS SAYETH NOT. Ke in _ Ison, affiant andi Melgarejo, affiant STATE OF FLORIDA COUNTY OF MONROE The foregoing Affidavit of Mailing was sworn to and subscribed before me this - day of June 2013 by Kevin Wilson, Public Works & Engineering Division, Monroe County, Florida. He/she is personally known to me or has produced as identification and did take an oath. Printed Name: Notary Public, State of Florida At Large ✓� My Commission Expires: Commission No.:�`�� JOAN E. SHERRY MY cOMMISSION # EE 853992 EXPIRES: March 26, 2017 •"r o1F c?:` po?dyd Thru Notary Public Undernriters STATE OF FLORIDA COUNTY OF LEON -;$ The foregoing Affidavit of Mailing was sworn to and subscribed before me this - day of June 2013 by Sandi Melgarejo, Project Coordinator, Government Services Group, Inc., a Florida corporation. She is personally known to me or has produced as identification and did take an oath.' Printed Name: ► c, m ru '• TAMMY PETERS : � commission#DD921344 Notary Public, State of Florida ExpiresAugust31,2013 At Large SwWedTW"TMYFeinInsunnoe81119"' My Commission Expires: Commission No.:Z) yam_ Appendix C Non -Ad Valorem Assessment Roll Cudjoe Inner Supplemental (cont'd) ALT OWNER 1149772 ANDREW & HELEN SAUNDERS 1149781 PAUL D FOX 1149799 WENDY L MEYER 1149829 EDGAR & OLYMPIA OTTO 1149837 TIITF 9082442 ROBERT & JUDITH YASUDA 1149896 F P T & RJ B LIMITED PARTNERSHIP 1149900 RAYMOND C CUDA 1149918 TIITF 1149934 WALTER E DAVIS 1R 1150428 Roger Akers 1150436 Roger Akers 1150444 Orlando Linares 1150452 Michael & Tammy Bryan 1150461 TIITF 1150576 MONORE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1150584 JOHN DICKENSON 1150592 JOSE RAUL HERNANDEZ 1150606 TIITF 1150614 EARNEST & ALICE VOLLGER 1150622 PETER & LENNIE MARSHALL 1150631 TIITF 1150649 H J H& S G H LTD 1150657 TIITF 1151351 ARTURO COBO 1151360 MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1151378 MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1151386 MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1151432 RALPH J & BEVERLY ROBBINS 1151584 SARAH JANE MARSHALL 1151556 THOMAS KELLY 1151564 FRANCIS P MOONEY 8849846 JUDI'S HOUSE INC 8849559 JUDI'S HOUSE INC 1233111 CBRIS LLC Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 20 of 24 Appendix C Non -Ad Valorem Assessment Roll Cudloe Inner Supplemental AM Permit# Address New Owner 1261974 01103338 825 GULF DR �SUMMERLAND HOUSE LLC CBRIS LLC 1238252 04IW194 1137 BASQUE LANE 1236616 04101353 22938 JOHN AVERY LANE CBRIS LLC 1237311 04105551 1193 DE LUSSAN LANE SMITH JOHN D 1238422 05100097 1115 THATCH LANE MARTINEZ IGNACIO & MARTA 1238562 05100100 1136 THATCH LANE FRANK FERREIRO 1233102 05101131 22932 BLACKBEARD LANE 22912 BLACKBEARD LANE WILLIAMS LEE A AND TEREASA D 05101135 MYERS MARY L _1233129 1238589 05103787 _ _ 1116 THATCH LANE MARTINEZ RODOLFO 1232530 1233382 05106718 07100607 22480JOLLY ROGER DR 22871 BUCCANEER LANE JJMC CUDJOE KEY LLC HEUSTIS ERIC AND JOANNE A 9085565 07104678 1053 HAWKSBILL LN CBRIS LLC 1237639 10102513 1156 HAKLUYT LN MURPHY THOMAS 1252069 11101722 548 AIRPORT DRIVE OR_DUN DAVID H AND GAIL H 1237001 04105576 1078 PICARD LANE WILLIAMS RHONDA 1251470 07102386 78 N LAKE DR GASTER ORVAL ROBERT & VIRGINIA 1238236 121036341 1117 BASQUE LANE CBRIS LLC -i [rest of page intentionally left blank] Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 21 of 24 APPENDIX D APPEALS PROCESS The EDU Allocation for residential properties will be the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of adoption of the Final Assessment Resolution. The Notice of Wastewater Non -Ad Valorem Assessments directed property owners to contact Monroe County Engineering Department for a Wastewater Appeal form, if it was felt a mistake was made in the allocation of EDU(s). Property owners must additionally request a classification review by the Property Appraiser. Following a reclassification by the Property Appraiser an adjustment to the EDU Allocation will be made. The EDU Allocation for a non-residential property is calculated by using the highest three month average water consumption over a three year period and dividing it by the average monthly water consumption based on daily water consumption of 167 gallons per day for a residential unit. Property classes other than Residential may appeal an assessment based on excessive use, irrigation or change of use. For example, if you had a broken pipe that caused you to have high water bills, you may appeal your assessment based on excessive use. You will need to attach documentation describing the plumbing problem, water bills showing your normal water use before and after the leak. and if possible, a copy of the repair bill from the plumber. In cases where water is used but does not require treatment because it does not go into the plumbing drain, you may appeal based on irrigation. Contact FKAA at 305-296- 2454 for information related to installation of the irrigation meter. You will need to attach documentation of the irrigation meter installation and copies of the past 12 months of water bills for the irrigation and original meter following installation of the irrigation meter to have the EDU allocation adjusted. Successful appeals submitted by August 31, 2013 will be reflected on the tax bill. Appeals submitted after August 31, 2013 will be reviewed to determine whether circumstances exist which constitute a continuance. An example of a justifiable continuance is collection of water consumption data for 12 months to support an irrigation appeal. If the owner elects to prepay the lump sum System Development Fee and is subsequently granted an EDU Allocation adjustment as the result of an appeal, the difference between the adjusted lump sum system development fee and the prepaid amount will be reimbursed. If the owner pays the annual assessment on the 2013 tax bill, a request for a refund for the overpayment of the non -ad valorem assessment will be made by the Wastewater Department by submitting a BOCC approved DR-409A to the Tax Collector. Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 22 of 24 APPENDIX E First class notice form Cudjoe Inner Islands Final Inner Supplemental Assessment Resolution Page 23 of 24 Monroe County Engineering Division — Gato Office ".,. ' ` 1100 Simonton Street, Suite 2-216 M Key West, FL 33040i1 < (305) 2924525 SUMMERLANO KEY FL 33042-0294 Board of County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tern Heather Carruthers. Dist. 3 Danny L. Kolhage, Dist.1 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 Sequence Number: CIS-001 Notes Data: May 29, 2013 Re: Notice of Wastewater Non -Ad Valorem Assessments (Inner Area — Supplemental Program) Dear Property Owner. Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in 2013 as required by the State Appropriation. Property owners have the option to pay the System Development Fee for these services as one lump sum (Prepayment) or in Installments (Wastewater Assessment) financed over twenty years and collected on the ad valorem tax bill as a non - ad valorem assessment. You are receiving this Notice because your property has been Included In the Cudjoe Regional Centralized Wastewater expanded service area or your property has been newly improved in the past 18 months. Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based on water consumption for the three year period of 2009, 2010 and 2011. The EDU Allocation for non-residential property Is calculated by using the highest three month average water consumption and dividing it by the average monthly water consumption for a residential unit. If you feel there is a mistake on this notice, you need to request an EDU Allocation review. Contact the Monroe County Engineering Division at wastgwater@monroecoun -fl.cav or at (305) 292-4525 to obtain a Wastewater Appeal form. The EDU Allocation for the above parcel is:1.0 The lump sum System Development Fee has been set at $4,500 per EDU. The lump sum System Development Fee for the above parcel is $4,600.00. You will receive a separate notice of your prepayment amount at the and of June 2013; the Prepayment will be due by August 31, 2013, if you decide to prepay. 1f you do not wish to prepay the assessment by August 31, 2013, but decide you want to pay off the assessment in the future, payoffs are calculated annually by reducing the System Development Fee by the principal portion of the annual assessment. Please contact us at (305) 292-4525 to obtain a payoff memo. Payoffs are accepted annually through August 31 and are usually available beginning in October. Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the System Development Fee over 20 years on the property tax bill as authorized by section 197.3632, Florida Statutes. No action Is required on your part to elect this option. The assessments will be payable In not to exceed twenty (20) annual installments amortized at a currently estimated 2.40/a interest rate which makes the 2013 annual installment $308.93 per EDU. The actual rate will be set in June 2013 but will be re-evaluated annually in September each year. The first payment shall be Included on the ad valorem tax bill to be mailed in November 2013. The total assessment revenue to be generated within the entire Cudjoe Region, Including the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period Is approximately $89.5 million. Failure to pay your assessments will cause a tax certificate to be Issued against the property which may result in a loss of title. The maximum Annual Wastewater Assessment is proposed at $308,93 per EDU. The estimated maximum Annual Wastewater Assessment for the above parcel Is: $308.93 You are Invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for June 19, 2013 at 3:00 p.m. at the Marathon Government Center, 2798 Overseas Highway, 2nd Floor, Marathon, FL 33050. The Final Assessment Resolution will be available In the agenda packet for the hearing, to be published at htto)Ai-monroemunty.civtcalus.comiaaendacenter on June 7, 2013. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing. 0 you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, Including the testimony and evidence upon which the appeal is to be made. in accordance with the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation or an interpreter to participate in this proceeding, contact the County Administrator at (305) 292-4441 at least 48 hours prior to the date of the hearing. Once construction is complete and wastewater service becomes available, owners of properties with water service will be required to connect to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice. This notice satisfies the statutory requirement for notice of the requirement to connect to the regional wastewater treatment system once service becomes available. Property owner responsibilities including construction of on -site pipes, abandonment of on -site systems, permitting and related tasks to complete the connection will be detailed In the connection notice. The on -site casts described above are In addition to the System Development Fee. If you have any questions about this notice you can contact Monroe County Engineering Division at (306) 292-4525 between the hours of 9:00 a.m. and 4,00 pm. """MINIS iS NOT A BILL — DO NOT PAY*""` Oudjoe Inner Islands Rage 24 of 24 Final Inner aipplemental Assessment Resolution BACK UP DOCUMENTS 1.) Resolution No. 154-2013 2.) Resolution No. 197-2012 3.) Resolution No. 173-2012 4.) Resolution No. 331-2012 MONROE COUNTY, FLORIDA CUDJOE REGIONAL INNER ISLANDS WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM INITIAL ASSESSMENT RESOLUTION (INCLUDING CUDJOE INNER ISLANDS EXPANDED PARCELS, CUDJOE INNER ISLANDS NEWLY DEVELOPED PARCELS) MAY 15, 2013 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01.. DEFINITIONS................................................................................... 3 SECTION 1.02. INTERPRETATION.......................................................................... 5 SECTION 1.03. GENERAL FINDINGS...................................................................... 5 ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED ...................... 6 SECTION 2.02. IMPOSITION OF ASSESSMENTS .................................................. 6 SECTION 2.03. PREPAYMENT AMOUNTS............................................................. 6 SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS .......................... 6 SECTION 2.05. PREPAYMENT OPTION.................................................................. 6 SECTION 2.06. MANDATORY PREPAYMENT....................................................... 6 SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION ...................... 7 ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL .................................. 7 SECTION 3.02. PUBLIC HEARING........................................................................... 7 SECTION 3.03. NOTICE BY PUBLICATION........................................................... 7 SECTION 3.04. NOTICE BY MAILING..................................................................... 7 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION........................................................... 7 SECTION 4.02. SEVERABII,ITY................................................................................ 8 SECTION 4.03. EFFECTIVE DATE........................................................................... 8 i TABLE OF APPENDICES APPENDIX A DESCRIPTION OF THE CUDJOE REGIONAL INNER ISLANDS EXPANDED AREA AND THE INNER ISLANDS NEWLY DEVELOPED PROPERTIES APPENDIX B FORM OF PUBLIC HEARING NOTICE TO BE PUBLISHED APPENDIX C FORM OF MAILED NOTICE REMAINDER OF PAGE LEFT BLANK Hm 54 RESOLUTION NO.14 - 2013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA, RELATING TO THE PROVISION OF WASTEWATER SERVICE TO PROPERTIES; DESCRIBING THE SYSTEM DEVELOPMENT FEE, COLLECTION COSTS AND THE OTHER TERMS AND CONDITIONS OF THE NON -AD VALOREM ANNUAL WASTEWATER ASSESSMENTS; ESTABLISHING THE AMOUNT AND TERM OF THE ANNUAL WASTEWATER ASSESSMENT FOR EACH PARCEL OF PROPERTY TO BE ASSESSED; DIRECTING PREPARATION OF THE INITIAL SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL FOR PROPERTIES ADDED TO THE SERVICE AREA IN JANUARY 2013 OR DEVELOPED SINCE THE PRIOR ASSESSMENT ROLL FOR THE CUDJOE REGIONAL INNER ISLANDS SERVICE AREA; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED WASTEWATER ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Adjusted Prepayment Amount" means the remaining Prepayment Amount for each Tax Parcel computed by deducting (1) the portion of the system development fee paid by the property owner as Annual Wastewater Assessments from (2) the Prepayment Amount utilized to compute the annual Wastewater Assessment included on the Non -Ad Valorem Assessment Roll for such Tax Parcel. "Annual Wastewater Assessment" means the sum of the sum of (1) the Annual System Development Fee Payment. and (2) the Collection Cost for each Tax Parcel. "Collection Cost" means the amount computed each Fiscal Year for each Tax Parcel that shall be equal to (1) the Prepayment Amount for such Tax Parcel divided by the sum of the aggregate Prepayment Amount, multiplied by (2) the estimated cost to be incurred by the County during any Fiscal Year in connection with collection of the Wastewater Assessments, including staff administration time. Board" means the Board of County Commissioners of Monroe County, Florida. "County" means Monroe County, a political subdivision of the State of Florida. "County Administrator" means the chief administrative officer of the County, designated by the Board to be responsible for coordinating the Wastewater Assessments, or such person's designee. "Expanded Parcels" means those parcels of real property within the pre-existing boundaries of the Cudjoe Regional Inner Islands assessment area that were not targeted to be improved at the time of the prior assessment roll due to exclusion from the Monroe County Master Wastewater Plan but which have been incorporated into the Cudjoe Regional Inner Island Central Sewer System Project. "Final Assessment Resolution" means the resolution described in Section 2.06 of the Ordinance, which shall confirm, modify or repeal this Resolution. "Fiscal Year" means the period commencing on October I of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County, which shall be the final proceeding for the initial imposition of the annual wastewater assessment. "Initial Assessment Resolution" means the resolution described in Section 2.02 of the ordinance, which shall be the initial proceeding for identification of Collection Costs and for imposition of an Annual Wastewater Assessment. "Initial Prepayment" means payment of the system development fee without interest or other Connection Costs. "Improved Tax Parcel" means those privately owned properties in the Cudjoe Regional Service Area described in Appendix A which generate wastewater and therefore will be required to connect to the Cudjoe Regional Wastewater Treatment System. "Newly Developed Properties" means those properties being initially assessed through a supplemental assessment resolution due to the fact that they have been developed or received a certificate of occupancy since the original assessment resolution for the Cudjoe Regional Inner Islands Service Area. "Non -Ad Valorem Assessment Roll" means a non -ad valorem assessment roll, as defined in Section 197.3632(1)(e), Florida Statutes, approved by a Final Assessment Resolution pursuant to Section 2.06 of the ordinance or an annual rate resolution pursuant to Section 2.08 of the ordinance. "Ordinance" means Ordinance No. 027-2003. "Prepayment Amount" means the amount required to prepay remaining balance of Wastewater Assessment for each Tax Parcel following certification of the Non -Ad Valorem Assessment Roll for the ad valorem tax bill to be mailed in November of each year. 4 "Property Appraiser" means the Monroe County Property Appraiser. "System. Development Fee" means that portion of the capital cost of the wastewater system being assessed to each owner of a Tax Parcel, up to a maximum of $4,500 per EDU. "Tax Collector" means the Monroe County Tax Collector. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll described in Section 193.114(2), Florida Statutes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "Utility" means Florida Keys Aqueduct Authority. 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 Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that. (A) Article V III, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, grant to a board of county commissioners all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. (B) The Board has enacted the Ordinance to authorize the imposition of wastewater assessments to allow payment of the cost to provide wastewater service to be paid over a period of years using the Uniform Assessment Collection Act. (C) The availability of payment options that allow a property owner either to pay an Initial Prepayment of the System Development Fee or to pay the System Development Fee over a period of years as Annual Wastewater Assessments provides a special benefit to property and encourages the property owner to pay the assessable amounts on a timely basis. (D) Since the System Development Fee and related costs are directly related to each specific parcel of property to be assessed, the wastewater assessment program provides an equitable method of funding the System Development Fee and related costs. ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED. Wastewater Assessments ..hall be imposed in the Cudjoe Inner Island expansion area as adopted on January 16, 2013 by the Board of C:;.unty Commissioners and properties listed in the Cudjoe Inner Islands that due to timing of development or changes in use, may not have been included on the non -ad valorem tax roll certified in September 2012(Appendix A) SECTION 2.02. IMPOSITION OF ASSESSMENTS. Wastewater Assessments shall be imposed for a period of 20 years. The first Annual Wastewater Assessment for the Cudjoe Regional Inner Island expansion area and newly developed properties not included on the non -ad valorem tax roll certified in September 2012 will be included on the ad valorem tax bill to be mailed in November 2013. When imposed, the wastewater assessment for each Fiscal Year shall constitute a lien upon such Tax Parcels pursuant to the Ordinance. SECTION 2.03. PREPAYMENT AMOUNTS. In the initial year, the amount necessary to prepay the System Development Fee in full for each Tax Parcel shall be $4,500 per EDU. In each successive year, a Prepayment Amount for each Tax Parcel shall be computed annually. SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS. The Annual Wastewater Assessment shall be computed for each Tax Parcel as the sum of (1) the Annual System Development Fee Payment, and (2) the Collection Cost. The Annual System Development Fee Payment is computed as the unpaid balance of the System Development Fee amortized together with interest up to 5% per annum, over the remaining term for such tax parcel. The interest rate applied will be determined based on the interest rate obtained by Monroe County to borrow funds to complete the projects. SECTION 2.05. PREPAYMENT OPTION. The owner of each Tax Parcel subject to the Wastewater Assessments shall be entitled to prepay all future unpaid Annual Wastewater Assessments upon payment of an amount equal to the sum of (1) the Annual Wastewater Assessment and (2) the Adjusted Prepayment Amount. The amount of all prepayments made pursuant to this Section 2.05 shall be final. SECTION 2.06. MANDATORY PREPAYMENT. The owner of a Tax Parcel subject to the Wastewater Assessment shall immediately prepay all future unpaid Annual Wastewater Assessments for such Tax Parcel if (1) the Tax Parcel is acquired by a public entity through condemnation or otherwise, or (2) a tax certificate has been issued and remains outstanding in respect of the Tax Parcel and the County, at its sole option, elects to accelerate the Wastewater Assessment. Failure by the property owner to comply with this Section 2.06, will result in the remaining Prepayment Amount (plus interest computed at the rate utilized to compute the Annual System Development Fee Payment) being placed on the Tax Parcel's ad valorem tax bill for the next Fiscal Year, in addition to its share of the Collection Cost and Statutory Discount. 6 SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION. Upon subdivision of any Tax Parcel subject to the Wastewater Assessment, and compliance with the conditions set forth below, the Prepayment Amount for such Tax Parcel shall be reallocated among the subdivided parcels as described in the Final Assessment Resolution. ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL. The County Administrator is hereby directed to prepare the preliminary Non -Ad Valorem Assessment Roll in the manner provided in the Ordinance. The preliminary Non -Ad Valorem Assessment Roll shall be maintained by the County Administrator and open to public inspection beginning May 16, 2013. The foregoing shall not be construed to require that the Non -Ad Valorem Assessment Roll be in printed form if the amount of the Wastewater Assessment for each Tax Parcel can be determined by use of a computer terminal available to the public. SECTION 3.02. PUBLIC HEARING. A public hearing will be conducted by the Board at 3:00 p.m., or as soon thereafter as the matter can be heard on June 19, 2013, at the County Commission Chambers in the Marathon Government Center; 2798 Overseas Highway; Marathon, Florida to consider (A) imposition of the Wastewater Assessments, and (B) collection of the Wastewater Assessments pursuant to the Uniform Assessment Collection Act. SECTION 3.03. NOTICE BY PUBLICATION. Upon completion of the Non -Ad Valorem Assessment Roll, the County Administrator shall publish a notice of the public hearing authorized by Section 3.02 hereof in the manner and the time provided in Section 2.05 of the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix B. SECTION 3.04. NOTICE BY MAILING. In addition to the notice provided in accordance with Section 3.03. above, at least 20 days prior to the public hearing, the County Administrator shall mail a notice of the public hearing to each person owning property subject to the assessment. Said notice shall be mailed by first-class mail, and shall include all of the information required by Section 197.3632(4)(b), Florida Statutes. Attached as Appendix C. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Wastewater Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of a Final Assessment Resolution confirming this Resolution and imposing the Wastewater Assessments, the Non -Ad Valorem Assessment Roil shall be certified to the Tax Collector pursuant to the Uniform Assessment Collection Act. SECTION 4.02. SEVERABILITY. If any clause, section or provision of this Resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 15t' day of May, 2013. dFb Mayor George Neugent Mayor Pro Tern Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) Attest: Amy Heavilin, CLERK By: _.- Deputy Clerk a -? -C J r Yes '7 a N Yes = W o ,—j .r.s Yes = ; --0 h Yes n Yes { r3 .• o r-3 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: .", hfaiyor/Chffirperson APPENDIX A DESCRIPTION OF THE CUDJOE INNER ISLANDS EXPANSION AREA AS ADOPTED ON JANUARY 16, 2013 BY THE BOARD OF COUNTY COMMISSIONERS, AND PROPERTIES LISTED IN THE CUDJOE INNER ISLANDS THAT DUE TO TIMING OF DEVELOPMENT OR CHANGES IN USE. MAY NOT HAVE BEEN INCLUDED ON THE NON -AD VALOREM TAX ROLL CERTIFIED IN SEPTEMBER 2012: ALT OWNER 1149772 ANDREW & HELEN SAUNDERS 1149781 PAUL D FOX 1149799 WENDY L MEYER 1149829 1 EDGAR & OLYMPIA OTTO 1149837 TIITF 9082442 ROBERT & JUDITH YASUDA 1149896 F P T &RIB LIMITED PARTNERSHIP 1149900 RAYMOND C CUDA 1149918 1111TF 1149934 WALTER E DAVIS JR 1150428 ROGER AKERS 1150436 ROGER AKERS 1150444 IORLANDO LINARES 1150452 IMICHEAL& TAMMY BRYAN 1150461 TIITF 1150576 MON ORE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1150584 JOHN DICKENSON 1150592 JOSE RAULHERNANDEZ 1150606 ITIITF 1150614 1 EARNEST & ALICE VOLLGER 1150622 IPETER& LENNIE MARSHALL 1150631 TIITF 1150649 HJH&SGHLTD 1150657 111TF 1151351 ARTURO COBO 1151360 IMONORE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1151378 1 MON ROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1151386 IMONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1151432 IRALPH J & BEVERLY ROBBINS 1151584 SARAH JAN E MARSHALL 1151556 THOMAS KELLY 11SIS64 FRANCIS P MOONEY 8849846 JUDI'S HOUSE INC 8949559 JJUDI'S HOUSE INC 9 APPENDIX A AK# Permit# Address Owner 1261874 01103338 825 GULF DR SUMMERLAND HOUSE LLC 1238252 04100194 1137 BASQUE LANE CBRIS LLC 1236616 04101353 22938 JOHN AVERY LANE CBRIS LLC 12373111 04105551 1193 DE LUSSAN LANE KWEST LLC 1238422 05100097 1115 THATCH LANE MARTINEZ IGNACIO & MARTA 1238562 05100100 1136 THATCH LANE FRANK FERREIRO 1233102 05101131 22932 BLACKBEARD LANE SOUTHERNMOST HOMES INC 1233129 05101135 22912 BLACKBEARD LANE SOUTHERNMOST HOMES INC. 1238589 05103787 1116 THATCH LANE MARTINEZ RODOLFO 1232530 05106718 22480 JOLLY ROGER DR HONDRU SUSAN 1233382 07100607 22871 BUCCANEER LANE KGKEYS LLC 9085565 07104678 1053 HAWKSBILL LN CBRIS LLC 1237639 10102513 1156 HAKLUYT LN MURPHY THOMAS 1252069 11101722 548 AIRPORT DRIVE ORDUN DAVID H & GAIL L 1237001 04105576 1078 PICARD LANE CBRIS LLC 1251470 07102386 78 N LAKE DR GASTER ORVAL ROBERT & VIRGINIA 12382361 12103634 1117 BASQUE LANE CBRIS LLC REMAINDER OF PAGE LEFT BLANK 10 APPENDIX B FORM OF NOTICE FOR PUBLIC HEARING TO CONSIDER ADOPTION OF FINAL ASSESSMENT RESOLUTION REMAINDER OF PAGE LEFT BLANK IF FORM OF NOTICE FOR PUBLIC HEARING TO CONSIDER ADOPTION OF FINAL ASSESSMENT RESOLUTION NOTICE OF IlVTENTION TO CONSIDER ADOPTION OF COUNTY FINAL ASSESSMENT RESOLUTION NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 19, 2013 at 3:00 p.m., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida intends to conduct public hearings to consider approval of the following County final assessment resolution_ CUDJOE REGIONAL INNER ISLANDS WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM FINAL ASSESSMENT RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER CAPACITY; IMPOSING ANNUAL WASTEWATER ASSESSMENTS FOR PROPERTIES ADDED TO THE SERVICE AREA IN JANUARY 2013 OR DEVELOPED SINCE THE PRIOR ASSESSMENT ROLL FOR THE CUDJOE REGIONAL INNER ISLANDS SERVICE AREA; APPROVING THE SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. The figure below depicts the limits of the Cudjoe Regional Wastewater Treatment System Inner Islands Service Area. Wastewater Assessments shall be imposed on improved, privately owned tax parcels in the centralized Cudjoe Regional Service Area in the Cudjoe Regional Services Area that include (1) Inner Island expanded service area parcels, as adopted by resolution on JANUARY 16, 2013; (2) parcels in the Cudjoe Regional Wastewater Treatment System Service Area that have been developed or issued a permit to develop after JANUARY 28 2009. The final non -ad valorem supplemental assessment rolls prepared as directed by the adoption of this resolution will include properties to receive central wastewater service. The central service boundary is as delineated in the Master Plan Update approved by the Board of County Commissioners on January 28, 2009 and updated by resolution on July 18, 2013. First class notices describing the supplemental assessment programs were mailed to owner addresses on file with the property appraiser following the adoption of the initial resolution on May 15.2013. 12 Cudjoe Regional Wastewater Treatment System Inner Islands Service Area A more specific description of the Cudjoe Regional Inner Islands Wastewater Assessment Supplemental Program is set forth in the proposed Final Assessment Resolution which can be viewed on the Monroe County website at http:llfl-monroecount .civicptus.com/agendaeenter following publication of the June 19, 2013 BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe Regional Inner Islands Wastewater Assessment Supplemental Program is available for inspection at the County Administrator's office, located at The Historic Gato Cigar Factory, 1100 Simonton Street, Suite 2-205, Key West, Florida. The assessments will be collected on the ad valorem tax bill by the Tax Collector, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. The Board intends to collect the assessments in installments, the first of which will be included on the ad valorem tax bill to be mailed in November 2013. The public hearing is being held for the purpose of receiving public comment on the proposed assessments and collection of the assessment on the ad valorem tax roll. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing, or twenty days from the date of this notice, whichever is longer. 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 the hearing, such person will need a record of the proceedings, and that, for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. I ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292- 4441, between the hours of 8:30 a.m. - 5:00 pan., no later than ,five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711' Dated at Key West, Florida this day of May. 2013. (SEAL) AMY HEAViLiN, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County. Florida Publication as display ad with border on the following dates: Reporter (Fr) Keynoter (Sa) KW Citizen (Fr) 14 APPENDIX C First Class Notice To Be Mailed REMAINDER OF PAGE LEFT BLANK 15 Monroe County Engineering Division — Gato Office 1100 Simonton Street, Suite 2-216 Key West. FL 33040 (305) 292-4525 "OwnerNamel s, ,,OwnerName2n «OwnerAddl n ,,OwnerAdd2» -City- -State* -Zip- aCOUNTRY), Board of County Commissioners Mayor George Neugent. Dist. 2 Mayor Pro Tern Heather Carruthers, Dist. 3 Danny L. Kolhage, Dist. 1 David Rice, Dist 4 Sylvia J. Murphy, Dist. 5 AK#: Sequence Number: Cl-aSegNum- Notice Date: May 29, 2013 Re: Notice of Wastewater Non -Ad Valorem Assessments (Inner Area — Supplemental Program) Dear Property Owner. Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in 2013 as required by the State Appropriation. Property owners have the option to pay the System Development Fee for these services as one lump sum (Prepayment) or in installments (Wastewater Assessment) financed over twenty years and collected on the ad valorem tax bill as a non -ad valorem assessment. You are receiving this Notice because your property has been included in the Cudjoe Regional Centralized Wastewater expanded service area or your property has been newly improved in the past 18 months. Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based on water consumption for the three year period of 2009.2010 and 2011 The EDU Allocation for non-residential property is calculated by using the highest three month average water consumption and dividing it by the average monthly water consumption for a residential unit. If you feel there is a mistake on this notice, you need to request an EDU Allocation review Contact the Monroe County Engineering Division at wastewater@monroecounty-fl.cov or at (305) 292-4525 to obtain a Wastewater Appeal form. The EDU Allocation for the above parcel is: «EDU» The lump sum System Development Fee has been set at $4,500 per EDU. The lump sum System Development Fee for the above parcel is <4500xEDU>. You will receive a separate notice of your prepayment amount at the end of June 2013; the Prepayment will be due by August 31 2013, if you decide to prepay. If you do no: wish to prepay the assessment by August 31, 2013, but decide you want to pay off the assessment in the future, payoffs are calcuated annually by reducing the System Development Fee by the principal portion of the annual assessment. Please contact us at (305) 292-4525 to obtain a payoff memo. Payoffs are accepted annually through August 31 and are usually available beginning in October. Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the System Development Fee o.,er 20 years on the property tax bill as authorized by section 197.3632, Florida Statutes. No action is required on your part to elect this option. The assessments will be payable in not to exceed twenty (20) annual installments amortized at a currently estimated 2 4% interest rate which makes the 2013 annual installment $308.93. The actual rate will be set in June 2013 but wd be re-evaluated annually in September each year. The f;rst payment shall be included on the ad valorem tax bill to be mailed In November 2013. The total assessment revenue to be generated within the entire Cudjoe Region, including the financing costs and the collection costs (if there are no prepayments) over the �nbre 20 year period is approximately $89.5 million. Failure to pay your assessments will cause a tax certificate to be ,ssued against the property which may result in a loss of title. The maximum Annual Wastewater Assessment is proposed at $306.93 per EDU. The estimated maximum Annual Wastewater Assessment for the above parcel is: <$308.93xEDU> You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for June 19, 2013 at 3:00 p.m. at the Marathon Government Center 2798 Overseas Highway, 2nd Floor Marathon, FL 33050. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at htto://fl-monroecounty.civtcnlus.com/agandacerrter on June 7, 2013. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing. If you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record Is made, including the testimony and evidence upon which the appeal is to be made. in accordance with the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation or an interpreter to participate in this proceeding, contact the County Administrator at (305) 292-4441 at least 48 hours prior to the date of the hearing. Once construction is complete and wastewater service becomes available, owners of properties with water service will be required to connect to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice This notice satisfies the statutory requirement for notice of the requirement to connect to the regional wastewater treatment system once service becomes available. Property owner responsibilities Including construction of on -site pipes, abandonment of on -site systems, permitting and related tasks to complete the connection will be detailed in the connection notice. The on -site costs described above are in addition to the System Development Fee. If you have any questions about this notice you can contact Monroe County Engineering Division at (305) 292 4525 between the hours of 9:00 a.m. and 4:00 p.m "THIS IS NOT A BILL — DO NOT PAY' 16 Proof of Publications: Public Hearing Initial Assessment Resolution May 15, 2013 STATE OF FLORIDA COUNTY OF MONROE Cooke Communications, LLC Florida Keys Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice -President of Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the PO Box 1800 Key West F133041 Office .... 305-292-7777 Extension ... x219 Fax ....... 305-295-8025 leaalsAlcevsnews.com IN'TERNET PUBUSHING keywesLcom keysrtews.com floridakoys.com key-westcam Web Oestga Services NEWSPAPERS The Citizen Southernmost Flyer Solares Hdt Florida Keys Free Press MARKETING SERVICES Commerctal Pmbrtg Cdizen Locals Card Dww Mail FLORIDA KEYS OFFICES Printing I Main Faclltty 3420 Northside Drive PO Box 1800 Key west, Fl. 33040-I SW Tel 305-292-TM Fax 305-294-0768 uazenrkevwyncom Internet Division 33040-3328 Tel 305-292-1880 Fax 305-294-1699 salesQkeywestcom Upper Keys Office 91731 Overseas Hwy Tavemler, FL, 33070 Tel 305-853.7277 Fax 305453-0556 frespress®flondakeys.com matter of was published in said newspaper in the issue(s) of Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every day, and Has been entered as second-class mail matter at the post office in Key West, in, said Monroe County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 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A,�{tY HT�ai'Y1�lY(� "k 4Yf :+sH l F'srte i'swcl. .. - .. Ct�d lCbiiR'3O4 �.ni Sh6.F]Safd uFC�ItaQC' C�ol/,h�rcx'Ciam:.F"Ae1ul! y: ---- .CRICA I E Y 3 —. f 1 r Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he Is PUBLISHER of the FLORIDA KEYS. KEYNOTER, a twice weekly newspaper published In Marathon, in Monroe County, Florida: that the attached copy of advertisement was published In said newspaper In the issues of: (date(s) of publication) Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, In said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office In Marathon, In Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper(s) and that The Florida Keyes. Keynoter , Is in full compliance with Ghaoter -_ of the FIoNdi State Statutes on -Lecal and Official Advertisements. �y Sworn to 90 s Abed before me lof! 2013 6EVEFtY TPAEM uY LXWkISMN t D0 SW49 OAKS: ADO 15. 2014 small rwu No"Pw taiderWi NOTICE OF W 1V IQM TO CONSIDER AMUION OF cUUM RESOLLITI, ONS NOTi x w HY.RSBY GIVFLIx TO WHOM IT MAY c014c1ti{:V "oo bby 1 % 2013 4 140 p.m„ ar as woo tacrativ to any be bank at the M=M E. Niels" Genranw* Ce"M lame OVW"= HlLbtrly, her Lanza, Maam comty, Flarlda. ftm I30aty of com fy c4wm iat if'Mi*VV&"Qty' FIWW. uteri& W GQ 4x% Pwk (mm 1 to "Mad" area o>aLIU` Inr.i,Q;f t>r cal C:oway ReWoWnx _AIt SEil.y OPft1Fti BQAitDORCUt+.l'rY oNFRBOFMotROB � MG10TIM PROVISION OF WA=ZWA7 ASS v � ($S,`ialcRletNa PRTHII 6YMN DFYEJ.OPMM RN4 TIZ OTT$Lt'1EIt 49 AND CONDITILIIYS OF T11111I T= AMQWAZM TEW 0"HEANNI7ALWAS19WAMA9 MMWTFM gPSA7 lu A a D; DOtEG'ITNG PRFJ'ARATION f�IrA& NOWAD VALOREM ASSESSMENT RO' I I" p1tor" TM }1_ NIN IIM, THR 10Rf A669W 11I T BOLL FM nm �Y t COPPLTTIOLr= AREA; pSTi►BL>Mi1i+G A l'Ue[ IC = TTQ 4'QS1=1 %=OOFTM PROP09ED WASYMATJM ¢IANTI 'lH&M9180D OPMUIR. C'OUJtCT1ONt PWXCW4G TMEJMXA 5IM Of NIOTIC`8 IN CONINU—nON TIIFREWLM. AND PROVID- MAN EJiF'WME DATF. RMLSOP ONOI THE WARDOkgOtR COMNaseroNF.RsoF>►�DNxoe x FL+�taA. �►nNat;(I�, PRt?v1SION OR WAtiiEW,1TEi[ sESI- vI TQvTHE S%V" FK00 AND u VKWPMI M VX L . NON-,4 T1oN c ¢ n �s A +c rrarlmZSt a NtON•�1D V/�L.gR6M ANjIlIA1. CWI ro As U Fa;DDtAE� CCM(i iOb OF A His: ilVTIIAI Sj_PPJXX1VCtL NON AD VALOREM Alf ROLL FQR"M0 i►DDRO d(1 1HE MAVICE AREA IN JANLTART 2W OR p18VEl OlED lyin j Inii AS sawa xi zm.L FTJR Tm CTIDJOE PIONAL MNEeVSFRVICZ ARLt,: EStAMUSHIHG A�PVIU R al&ARIIIG YQ OHia,P , Cox of THE PRO"Ma WASTEWATER ASSE$P"WArQ Tao NTk18oD uF MEIR COLLECTION; DMWUNG T08?ROy0IOM OF N T110E IN CONNE TION F RLWITH; AND PROVID- INGANP.FFEC IVEDAIT. A RZSOd i7WX QF I= 8OA1W GR COL In COMb0SSION¢RS OF MONUM COIR f•Y, EY.ORIDA. RXI ATING TO THE 'PROV LSION OF WASLZWATELL SEE- VKCE TO PWXMRTIXS; DESCRIAIIKa TKE S"MI M DEVELOPMENT FM COMACTION OW'M 0111171119 OTHER TERM AND CONDITIONS OF IM NOMAD VALOe$MfANNUAL WASMWATFR ASSESYINENISt1SWLIeRRYG TMANWUWAN DTMMOFMA*MALWASMWAXMASSRSS&GMFOR PACH PARMOFPROPLIBIY'r0 MA1559S ED. DIR WnNG YWWARATWN[ OF T= MMAL 3V?PLBMEATAL -NON-A.D VALORM ASS289dENT ROLL. FOR PAOPERTISS ADDW TO TW SMVICE AREA IN JANCART 39U OR 0EVFA4WM W4CR THE PRIOR ASSESSMENT ROLL FOR TAt' CLIDJOIL REGIONAL OUTYY ISLAND& SERVICE AREA; V3fAit MNG A nJUX RiLARYIWG To CONSIDER IMPOSMON OF Tax PROS WASTEWATF.>t ASSIRMNI MJS AND =9 METHOD OF :THEIR COLLECTION; DIRSCMW TRt tlaalvWQW OF NOTICs 4x COA''NEC"ON THERNW11TI11; AND PP4)V • IIar.AN UFYJ ME DATL A Vj2MZMON OF TOE BOARD OF COL MTV CAMi►LIS6110MIM116 OF MONIMS CODNTy,'yLowDA, RELATING TOME TROVISION OF W"nWATER sm vmz va PROPBRITE* I)0ciHf# -MR sY`. W4 nvvzA PMENT PLIi. COLLECTION COSTS AND THE OTRM TYRM ANY) CONDMONS OF THE NOK-AD VAEORKM ANNUAL WAhMWAI L R ASSZ&S1MENT8: FSTAeLISiHM TTLICAPAOMTANDTMMOFTHEANNCALWASTEWATMA9 W'fTFOR LACE PARELL 09 VW?VJ rY TO 02 AAA9WLD,, DDTZCTING,REPARATION OF Tla LI MAL Ji .PfttINBNThL NOMAD VAILORIN ASMSMENT BOLT. VM Vj11NT= OUT PARCE&A FYlllt WHICH AS&ESOMUNT NOTicis WER9 XAUJS IN =2 AND FOR W10c0 CIAMCA710M IS NEEDED TO ADDItLS:i NO"AYbOW OF AS USMENT. E$TADLISUING A PUXX HEARING TO CON11112M IMPQWTIION OF Ilia PROPOSED WAYTI':WAI" ASSL551MENTS AND THL MIETWW Of THEIR COLLECTION; DIR Crf'4G THR MVI!WW OrNOTICS IN CONNECTION THE@&WTTN: AND PROVLDRYGAN EVFVn VZ DATE. 11W ceaaw mn%4 botch y fat: Bach, wra;V atp i+ as W ooted in ttt Mom Ptm Updaar apptnwd by On Dowd of C a wq Vwamua+apew cm leouu%11. 2000 wd updool' Iu{Y 4F 2ellly,4swgjWswthlrJP,T_,�Q!(4$�14�r'tS4lrgerj.ScrvuoMea)t�od htiafuoon Mv. 1 fA-301? ( � [haa Catatdi Ser�%s rhea}. Puu tow wtuAs daenbq& the xWplea mtal d MWom am to be mulcd'to Cavort xidr> t a o Me wdh the icy appraisa t lkrwutg dto sdop4aa of Ibis tesobuion. AllI aI• Cod inowly awaaa harp a rtgW tit aMm mid pmvidc mpta µ the bate# mod may 6k uVVAA objcCbmta with das CmAWyAdnumnawr any Host prtar oft public The Faeilida Plea cm he vie od an the M mt a Camty wehatp at haw)—auntCenft&. UWALTUUNM if,"* w a penm w& A A A%z1k r MM nre6 yaeid saro�ne/ao4a° In _1 r a. rAaprosser6+rA pAx pe -MW Of COMO, 4&41 roe it Offl,w b 86-* 00 M-s$a, &* Aaass of t la A^ - s: no p+n-" $A- d— fiat t!9 e.j-*ram f'nW aA..eAaatld swarb # ON W* "Mft or rate. *P.r"Cott -nf' .y Datad at Cry Wts1, Florida Mu 3M &v of May. 2013 AMY H6AVILIN. Clan of the ('letup Caws �+ and ex viFr= Chit of the boaci of Cuontyr r Csxtwusu"c n of Monm cAnwty, flonda rbsrn.dKvr0Kadas13 ?vl�e THE REPORTER&ME= �to�c� or txT�vTn�v° To coxsm>F.a. Q OLNri SESOL TIM P.O. Box 1197, Tavernier, Fl 33070 NOTICE i9 i¢RERY gVIN TO'RH03iIT'NAY Cuss ]r)H *4 on Mal' 1& 3013 at 92655 GNerseas Hwy, Tavernier F133070 1:30 pm, err m mom 0av*1W as mq Im bear* at rbo Moray L Nebata Ge9et -m Phone 305- 852-3216, Fax 305- 852-0199 c" y i� t a�q'M°nrto, b=mi°°` * cams cs Cgaatohsioiiata a>! AAamUa otasy,. 1etWlk to, crotrdrbct pubtio to camaida o0a a polio approval of dx fatiwvtax (�= (4) P wy' PROOF OF PUBLICATION ARE9OLU`nONOFTHE BOARD OPCOUNTYCOM�(IR80TMONROX COUNTV. Ft•ORIDA. RlIL4=40 TO TOR PAOYMON OF WAST&VAOU RW STATE OF FLORIDA CIIt.L,e�Crl� 111E OTTER � Of HE COUNTY OF MONROE NON -AD VAL.O"ANNUµ' W MWATIR'M955MENTSYSfARL%WNG Before the undelstgned authority personally appeared TUXAMGUNT4kNDTERMOPTSi4t1 WALW FOR LACO TARC6L OP PROrM V TO #L A95Jr SM DiRICMIG PREPARATTON WAYNE MARigAlK who on oath, says that he is GP THR uunAL sWmmmmwf&! VAIAROP4 ASSF.88MRNT ROLL PUBLMIER of the THE REPORTER, a weekly FOR PSM DEVVIANED OP"" TTii9 XV LW ROLE. FOR newspaper published in Tavernier, in moOrne iOX XG MA'!0" MUM XZVY Dill KZ *RbAt WrAXLMM A PUXJC County. Florida that the attached co of U94RLNG TO CQ OMER' pQ'Os MN OF TAR PRO!'RSF.D WASTEWATER PY advertisement was published in said newspaper m the AWARMENTS AND'= N037M OTT THEIR Ct1.L WnON; DHtICTM THE PIDOWISWON OF NOT" IN CONNECTION TLIERIWrUk AND FROVID- issues of (dm[e('a) of. icatialn) I. AN Epscmg DAT& J /� U� AAPs11u.ITi'iOdOIFTIIEADAAAOPCOUKTYCOVlHISh�iRRSOF!4[ONRIULL Ct)I1M , FgA RDA. Ri;.AUVG TUTOR PRQVTRION OF WASTEWATER SJ36 NICK TO PRtf7i .% mocRlaThfGm mum DEVEIAPMm FIE, COLLlf cos" AND TOR t7E$m'gljm Am cINDt;IOT&-OF TRY .40N-AR VAL•ONX ANltj{TAL WAliiMnM ASIMM50:M WrAWARM TILRAMOi1WANDTF"OFT1W_VQ TALI FOR Affiaat further says that the said TIiF REPORTER is EACH PARCEL OT 1RaUP1 M TO M EMM; DOUXIING flWARATWX a newspaper published at Tavernier, in said Monroe Of TUC INMAL SEMEMOML NON -AD VALOREM ASUSSMENf ROLL County, Florida, and that the said newspaper has FOR PROP'! RTM AD= TO UM 51 ARrA IN JA14UARY 2013 OR heretofore btxn continuously published is ;alas D16 � SIM V TOE F RIOR �l ROLL FOR THE CLWO€ RLt OVAL i;+ibXW U&ANDS SEMCE A$TAt t&TABLESHM A PUBLIC Munroe County, Florida, each week (on Friday) and HX4RING TO CQNSMKR.1f UQSIMN OR TOR ?VAWOM WASTEWATER has been entered as a second class mail matter at the A881 SMRNSS AND T411 111I17IOD OF THEM CO[ AbMON; DGMCT1NG Post office m Tavernier, in Monroe County, Florida, THE PROVINON OFNOTWX IN COtYt WTIOY THRRWW1T* AND PROVW for a period of one year next preceding the first 1NG AN EFFECT" DAIL Publication of the attached copy of advatis==L ARFAOLUT1ONARTMERGA &MC'OVWMCOM!K1 =,%MOFMONROE the affiant further says [bat he has aeither paid nor 4C43UN7X EWA" RRG4TDiG TO TU MVWON OF WASTEWATER SIR - promised any or corporation any SCRIBOG UN , commission discount, abate, commission or refltad for the ssio �MK CQMMONS OF CGUJXMQN AND THE 01=4 TERM purpose of securing this advertisement for NOWAD VALOREM AMAL WAKE&WAT60, A9SIs:SBhe9NT* EbTARl.il1HING IMAMO);NTANDTEMOFTIIEAMWALWAgrEWA"MA>>SL%VMTFOR publication in the said newspapers) and that The EACH pARCZL OF PROPERTY TO BE A59946M DIRICIMJ'WARATiQN THE REPORTER is in full compliance with Chapter OFT= 1N ml, ST 2KS3�F.W41 "f!l-AD VAS,I>g1it31 #bSN6FA Wr RMI 50 of the Floruia State Statutes on Legal and Official FOR ?ROFKR M ADDED TO TOX 3XRWC>; AR" Rj 4AWARY 2W OR Advem,sements. DEVELOPEDSP4CP. THE PRIM A4SX3VAVff AWL. FOR, T CL'DJOF REGIONAL OUTER WANDS 91XV" ARBAJ Rfi'j'AWAIM46 A rVO C H$ARJr1G TO CONSOIIR 1:iiPO6I1'MOR OF THE PItMPDMD WASTEWATER / - A95ES6aiS AND THE MM7M-Otr"TNEIR C0LL9[`AO14; 01RECrWG ( TRI PROVISi m OF w?ICE iN QU.Nw ncN nomwrM Am PROV3D ING AN. m7frCTIYE RAM b •bgr A RT►'9. ULATTON OF THE; VOAR0 O/.COTt4W rQMMpMQtiERB OF MONROE COUNTY: FWRLAA, OMATTNGTO THE PROVibKM Ow WAS EAWATER SIX - Sworn to and subscribed be on VICY TO YNOPE.IMM DESCWUING THE 8Y5TE111 DEYYUOPM$NT FEE. ay of - 2013 Am � COLLECnQ�EX _ �h7—c- (SEAL) (SEAL) AADi WALvm N VA SWAT A i >RlTTAUAWNGYG TI194MOMAltAl7=4OF.'>[ 4XWA).WASMWA=AMW$SHXNTPOOL CACTI PARCEL Of FROMCFY 10IM At1 M0ED A XGj1NG IRYPAR47ION OPTH! INITIAL St.PPLEJMV?AL NON -AD VALORF.IIf AbS985MINT ROLL ,FOR VDrMR2 OUT PAACZU FOR WHTCO A99698i1ti NT NOTWn WMM MAU=1N IM AND MR WON= CLARIFICATION 1114HEDEJI TO ADOMM Nay NG1N-ftVNXNt OF AWPMUXTLWARAJ81UNG A PtiM IC W&AR3NG TO COt smgx poesam OF To PIturasim WwwwATAL Asasw Ell m AM TOR: MLTHOD /iF TX= COLLECTION; DIRECTING TRY MOVLU014 OF%OflEt IT[CONNECTION THIRKWI THt AND MVMDW*AN F:iF1?CITVRDAMTbr.eeopat Ll savf0e hawk�y fro wch teaks arm 1s a delmomed m dw Mama Plan L'pd m oppmwd by the Bortd of calmy commm"Ou t an January 2g. 2W9 wd upd000d on July i a. 2012lay jt wfof(" W J.P?-201l (Cudop )Regiaat[ Ceonah:ed lamer b4e0a Service At=) and Reao6ubq.'Y0.:d/2 (G+}Qioe Regoml C�atraiiarA Otaarlsfaadi< Serrjpa Arm}, First dm oaueca doacn1wW tba �+arxW oasamsen pmV mta art; to be mated to pww ad&aucs on Nr.y tt6 th4 p(gwry ap!°raLsa rbOomns thr adopeop of 9to n=L;dpa -- AU alltttcd pvp" oaixrrttavo A ngM io appear art pruvulc tapir at the howtty ad may file wnlun oblwbc r With the Csmsy "mmkoW arty tuna prior to the publk m—wg, - - The FK&hura Pow car be vwwM oo thr Mantne CQuwy webatta u 4fip:llwww.moaroetavary-0.ga+/L>benmenOCenterl. 40A ASSUTANCE. ifs" am spumes wfth a Awak*W who wee4 4-dd�oaarriagsra In srAff topmakomw 4 defer ProaoefiA& P#"w a vatammoo Csanp 46atda w#r'1 O,(/kv, by PAORbq 13014 M-"dl. 69veee drr Aasq Of JW9 aaa - 3:00 p.ae, alo loan tywn JhV (1) eakx&W Aw pn* a A#-As*tedastlW 3Fy'-- kex*g --let MWddrrA-U'7JJ'. Daocd at X0 Went, Fknidi this 314day otMgt, 2013. AMY H8AVU.N, Clork of do Cirnut Court and ax Gwwto Clot of rho Boadaf Cowry } of Moam County, FIWAA Pamattre rna aaoaar oo-tata BOARD OF COUNTY COM USSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 2012 Division:. Public .Works/En"m erring Bulk Item: Yes _ No X Department: Wastewater Staff Contact Person: Elizabeth Wood 453-8795 AGENDA ITEM WORDING: Public hearing to adopt the Final Assessment Resolution. (FAR) describing the method of assessment for properties in the centralized Cudjoe Regional Inner Islands wastewater service area. ITEM BACKGROUND: In accordance with section 197.3632, F.S., setting the uniform method for the levy, collection, and enforcement of non -ad valorem assessments, the local government shall bold a properly noticed public hearing to adopt the FAR imposing the assessment rates and approval of the non -ad valorem assessment roll. The Inner islands include Upper Sugarloaf, Cudjoe and Summerland Key. PREVIOUS RELEVANT BOCC ACTION: At the June 20, 2012 BOCC meeting, approval was granted for Monroe County to adopt the centralized Cudjoe Regional Inner Islands Initial Assessment Resolution and to advertise the public hearing for adoption of the FAR for. same. At the April 18, 2012 BOCC meeting, the Second .Amendment to the September 6, 2005 Interloral Agreement was approved authorizing the Ievy of a System Development Fee (SDF) of up to $5,700 per Equivalent Dwelling Unit (EDU). Resolution 440b-2011 was adopted on December 1:4, 2011 renewing the BOCCs intent to use the uniform method of collecting non. -ad valorem special assessments for the cost of providing wastewater services. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated. TOTAL COST: $36,000 BUDGETED: Yes X No COST TO COUNTY: SOURCE OF FUNDS: MSTU REVENUE PRODUCING: Yes X No :AMOUNT PER MONTH Year $1.25M APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Doe# 1898719 09/22/2012 9:28AM Filed d Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE t RESOLUTION NO. 197 -2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER CAPACITY; IMPOSING ANNUAL WASTEWATER ASSESSMENTS; APPROVING THE NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 15, 2003 the Board of County Commissioners (the "Board") of Monroe County, Florida, enacted Ordinance No. 027-2003 (the "Ordinance"), to authorize the imposition of special assessments to fund the cost of wastewater treatment capacity; and WHEREAS, on June 20, 2012, the Board adopted Resolution No. 173-2012 (the "Initial Assessment Resolution") relating to the provision of wastewater service to properties in the Cudjoe Regional Centralized Inner Islands Service Area, describing System Development Fees (SDFs), collection costs and other terms and conditions of wastewater assessment for properties located within these areas; and directing preparation of the preliminary Non -Ad Valorem Assessment Roll and publication of the notice required by the Ordinance; and WHEREAS, pursuant to the provisions of the Ordinance, the County is required to confirm, modify, or repeal the Initial Assessment Resolution, with such amendments as the Board deems appropriate, after hearing comments and receiving objections of all interested parties; and WHEREAS, the Non -Ad Valorem Assessment Roll has heretofore been filed with the office of the County Administrator, as required by the Ordinance; and WHEREAS, as required by the terms of the Ordinance, notice of the public hearing held on the date hereof was published, a proof of publication being attached as Appendix A to this Resolution; and WHEREAS, as required by the terms of the Ordinance, notice of the public hearing held on the date hereof was mailed to each property owner that could connect to the wastewater system, an affidavit of mailing being attached as Appendix B hereto; and WHEREAS, a public hearing was held on the date hereof and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; Doc# 1898719 Bkq 2588 Pg# 739 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 125, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution as defined in the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. SECTION 3. MODIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. (A) For purposes of clarification, the term "System Development Fee" contained in Section 1.01 in the Initial Assessment Resolution is modified to read as follows: "System Development Fee" means that portion of the capital cost of the wastewater system being assessed to each owner of a Tax Parcel up to a maximum of $4,500 per Equivalent Dwelling Unit (EDU). The number of EDUs for residential properties will be the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of adoption of the resolution. The EDU Allocation for non-residential property is calculated by using the highest three month average water consumption over a three year period and dividing it by the average "1 monthly water consumption ' for a residential unit. For the purposes of EDU �J Allocation, the average water consumption for a residential unit is 167 gallons/day. (B) As so modified, the Initial Assessment Resolution is hereby ratified and confirmed. SECTION 4. APPROVAL OF NON -AD VALOREM ASSESSMENT ROLL. The Non -Ad Valorem Assessment Roll, a copy of which is attached hereto as Appendix C, is hereby approved. SECTION 5. WASTEWATER ASSESSMENTS. (A) The Tax Parcels described in the Non -Ad Valorem Assessment Roll are hereby found to be specially benefited by the provision of wastewater capacity in the amount of the annual Wastewater Assessment set forth in the Non -Ad Valorem Assessment Roll. The methodology for computing annual Wastewater Assessments described in the Initial Assessment Resolution represents a fair and reasonable apportionment of cost among the Tax Parcels receiving the special benefit and is hereby approved. Annual Wastewater Assessments computed in the manner described in the Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described in the Non -Ad Valorem Assessment Roll at the rate and for the term designated for each Tax Parcel in the Non -Ad Valorem Assessment Roll attached hereto as Appendix C. The initial Annual Wastewater Assessment will be included on the ad valorem tax bill to be mailed in November 2012. 2 Doca 1898719 Bkq 2588 P9N 740 f�(B) ' Pursuant to the Uniform Assessment Collection Act and the Ordinance, the Wastewater Assessments shall constitute a lien against assessed property equal in -rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the Board of this Final Assessment Resolution or an Annual Assessment Resolution and shall attach to the property included on the Non -Ad Valorem Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. (C) As to any Real Estate Parcel that is acquired by a public entity through condemnation, negotiated We or otherwise prior to adoption of the next Annual Assessment Resolution, the Adjusted Prepayment Amount shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the BOCC of the Annual Assessment Resolution and shall attach to the property included on the Assessment Roll upon adoption of the Annual Assessment Resolution. SECTION b. COLLECTION OF WASTEWATER ASSESSMENTS. The Wastewater Assessments shall be collected pursuant to the Uniform Assessment Collection JAct. Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the County Administrator shall cause the certification and delivery of the Non -Ad Valorem Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 7. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the reasonableness of the legislative determination of special benefit and fair apportionment to the assessed property; the reasonableness of the method of apportionment; the enforceability and accuracy of the calculation of the initial rate of assessment and the preparation of . the initial Non -Ad Valorem Assessment Roll; and the validity and enforceability of the lien of the annual Wastewater Assessment), unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board action on this Final Assessment Resolution. SECTION 8. ASSESSMENT NOTICE. The County Administrator is hereby directed to record this Resolution as notice of the Wastewater Assessments in the Official Records Book in the office of the Monroe County Clerk of Courts. The preliminary Non - Ad Valorem Assessment Roll and each annual Non -Ad Valorem Assessment Roll shall be retained by the County Administrator and shall be available for public inspection. 3 Doca 1898719 Bkq 2588 Pg# 741 SECTION 9. APPEAL PROCEDURE. (A) EDUs were allocated for Real Estate Parcels requiring wastewater service within the centralized Cudjoe Regional Wastewater Service Area based on the Property Appraiser classification of residential parcels and the water consumption for non-residential parcels. The appeal procedure attached hereto as Appendix D is hereby established for an owner of a Real Estate Parcel to challenge the treatment of the property for purposes of the assessments. (B) Notwithstanding Section 9 of this Final Assessment Resolution, any appeals for the 2012 tax bill must be filed by July 18, 2012 as described in the First Class Notice, a sample of which is provided in Appendix B. SECTION 10. PREPAYMENT NOTICES. The County Administrator is hereby directed to provide notice by first class mail to the owner of each Real Estate Parcel described in the Assessment Roll of the opportunity to prepay all future Annual Assessments, without additional financing or administrative costs. The notice, in substantially the form attached as Appendix E, shall be mailed to each property owner at the address utilized for the notice provide pursuant to Section 3.04 of the Initial Assessment Resolution, as amended herein. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 18'' day of July, 2012. Mayor David Rice Mayor Fro Tern Kim Wigington Commissioner George Neugent Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) Attest. DANNY L. KOLHAGE, Clerk noc" 1898719 M 2588 P90 742 Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA A_ . d By: < MayotThairperspn Appendix A i Proof of Publication (to be inserted upon receipt from the newspapers) DOC# 1898719 BkV 2sa8 Pgn 743 A-1 iD "D KEYV.WEST STATE OF FLORIDA 7W@M*ef &Moo0,WDoWMNra�srWEst.IV* COUNTY OF MONROE- Cooke Communications, LLC Florida Keys Before the undersigned authority personally appeared Randy G. Erickson, Key Welk F.i box 1800 133041 Ke who on oath says that he is Vice -President of Operations of the Key West Office .... 305-292-7777 Citizen, a daily -newspaper published in Key West, in Monroe County, Extension ........ x219 Florida; that the attached copy of advertisement, being a legal notice in the Fax ....... 305-295-8025 matter of legals0keysnews,com INTERNET PUBLISHING kJ keysnewsom keysnews.com cc � �-31J Nd � f � �SX Ssm �!� �SC3 t U.h: S floridakeys.com r�.� f .�, /1�N�t` key-west.com Web Design Services was published in said newspaper in theissue(s) of NEWSPAPERS f i 1 U/j L a LJ l 3 l r U The Citizen Southernmost Flyer Solares Hill Affiant further says that the Key West Citizen is a newspaper published in Big Pine Free Press Marathon Free Press Key West, in said Monroe County, Florida and that the said newspaper has Islamorada Free Press heretofore been continuously published in said Monroe County, Florida every Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key MARKETING SERVICES West, in said Monroe County, Florida, for a period of 1 year next preceding Commercial Printing Citizen LocalsCardcopy 1� the first publication of the attached co of advertisement; and affiant further Direct Mail says that he has neither paid nor promised any person; firm or corporation any FLORIDA KEYS OFFICES discount, rebate, commission Or refund for the purpose of securing this Printing/ Main Facility advertisement for publication in the said newspaper. 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 citizenri keywest.com Signature of Affiant Internet Division 33040-3328 Tel 305-292-1880 ) Sworn and subscribed before me this day of k tU Fax 305-294-1699 72012 sales@keywest.com Upper Keys Office ptp�y r DAWN KAWZINSKY 91731 Overseas Hwy Notary Public: NOTARY PUBLIC Tavernier, FL 33070 _STATE OF FLORIDA Tel 305-853-7277 r Comm# EE157233 Fax 305-853 0556 4 n, ONCE 19�$ Expires 9f4/2016 freepress@floridakeys.com iJl/1J�j { Fi Dawn Kawzinsky Expires: 1/4/16 Notary Seal Personally Known x Produced. Identification Type of Identification Produced KEY9WESrSTATE OF FLORIDA COUNTY OF MONROE Cooke Communications, LLC 310 appeared Randy G. Erickson OR PUBLtC;NAFIINGpCON'�ER5perations of the Key West � e N ASSESS T RESDL ION -;t, in Monroe County, Natfci Is°HERi;YsGr FH TD WHO omr inners a€Mlioe! pC�rldabeing a legal notice in the ,- n IuI 18 2U 2 6e n 6 P: tha a r Key tillest; 3Q4R, cans er #r .D e: avern en n ar, ZUU � roman vedue k �� ,It' HEpDa;QCD 7YG Sl0F' a ,. 5iE AT p E11 C0 N ^s pl3S Q d,PpRtlV1liE N L A OCL 1 e for " e r n s7nal.. ssmaN �! S L9"NL S yt of },en is a newspaper published in rnd that the said newspaper has I Monroe County, Florida every 1 matter at the post office in Key period of .1 year next preceding 3vertisement; and affiant further person, firm or corporation any the purpose of securing this paper. _ , Signature of Affiant of ` Fi) I L� , 2012 �}RY DAWN KAWZINSKY t NOTARY PUBLIC ;STATE OF FLORIDA Comm# EE'157233 HCS 19�� Expires//412016 Notary Seal Type of (�Cltuit%r�.i�s... Appendix B Affidavit of Mailing B-I AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared ELIZABETH A WOOD, SANDI MELGAREJO and CHARITY MOORE who after being duly swom depose and say: 1 I, Elizabeth A. Wood, Senior Administrator, Sewer Projects for the Monroe County, Florida, ("County"), pursuant to the authority and direction received from the County Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing and publication of notices in accordance with Ordinance No. 027-2003 (the "Ordinance"), and in conformance with the Initial Assessment Resolution adopted by the County Commission on June 20, 2012, (the "Initial Assessment Resolution"). 2 Sandi Melgarejo, Project Coordinator for GSG. GSG has caused the notices required by the Ordinance to be prepared in conformance with the Initial Assessment Resolution. An exemplary form of such notice is attached hereto. GSG has caused such individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the County expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be Issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear atthehearing and to file written objections with the local governing board within 20 days of the notice; and the date, time and place of the hearing. 3 On or before June 27, 2012, GSG delivered and directed the mailing of the above referenced notices by Modern Mailers, Inc. ("Modern Mailers"), in accordance with the Ordinance and the Initial Assessment Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Monroe County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Notices to property owners receiving multiple individual notices were mailed, or caused to be mailed by GSG on or before June 27, 2012. 4 aao(i� is r r��J !df Modern Mailers. As directed t above, Modern Mail s, mailed or caused to be mailed on or b ore June 27, 2012, the above referenced notices delivered to Modern Mailers by GSG. FURTHER AFFIANTS SAYETH NAUGHT. A RV& Eliza oetA. Wood Afflant Sandi Melgarejo Affiant C� �'Y-\______ Affiant STATE OF FLORIDA COUNTY OF MONROE The foregoing Affidavit of Mailing was sworn to and subscribed before me this 73rkday of July 2012 by Elizabeth A. Wood, Senior Administrator; Sewer Projects for Monroe County, Florida. She is personally known to or who has produced as identification and did take an oath. �rPrirlrrrillrtrrriilr PlklPPrPirrrP.ralrrrra�rr DONNA J. HANSOM Comm# D00891641 Expires bU512013 'Kra Uii�°S. �1f1r1G: lv"ryllssn., Inc M [lE[Il ■P[}rrrr rt.........rarr.... 4 r l.- It Printed Name: -DONN, A H..R�J Notary Public, State of Florida At Large My Commission Expires Commission No.: t 9 l6 /// STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of July 20'i2 bv_5�_ M arejo, Project Coordinator, Government Services Group, tnc.,She is p,pr pally known to me or who has produced as identification and did take an oath. TAMIWYPETERS Commission# DD 92.1344 lrxpines August 31, 20i 8 R,,, 6sdea7huhcyFdnl�swtgl�7,EbS�7J1P STATE OF FLORIDA COUNTY OF LEON 6xft P'CtU1-'0- Printed Name: ��CmrlmPd'e� Notary Public, State of Florida At Large My Commission Expires Commission No.: -lbD �7,Q 13 The foregoing Affidavit of Mailing was sworrt-to and su scrlbed before me this ' day of July 2,012 by(J)"�Z. Ma`s , Yt''ryri O1an (Y- for Modern Mailers. He/ a is ers 11 Known to me • r who has produced as identification and did take an oath. AN TAMMY = PETER Printed Name: L1ztk, `e�krs _: Cmsort#OD 92i344 ,��Ex reAuSt31,2013 a Notary Public, State of Florida At Large My Commission Expires Commission No.:�) .) M1 Monronty Wastewater Dent. Wastewater De �f,-fie"^ ': -r' �•�. Board of County Commissioners 102050 Overseas Highway ,„. 3• I r 1 't i., Mayor David Rice, Dist: d Mayor Pro Tem Kim Wgington, Dist. 0 Suite 2-223 Key Largo, FL 33037 �� F y �� George Neugent, Dist. 2 Heather Carruthers, Dist. 3 � Sylvia Murphy, Dist. 5 SUMMERLAND KEY FL 33042-4828 Sequence Number: MW-01-1500 Notice Date: June 27, 2012 Re: Notice of Wastewater Non -Ad Valorem Assessments (Inner Area) Dear Property Owner: Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in the beginning of 2013 as required by the State Appropriation. Property owners have the option to pay the System Development Fee for these services as one lump sum (Prepayment) or in installments (Wastewater Assessment) financed over twenty years and collected on the ad valorem tax bill as a non -ad valorem assessment. Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based onwater consumption. for the three year period of 2009, 2010 and 2011. The EDU Allocation for non- residential property is calculated by using the highest three month average water consumption and dividing it by the average monthly water consumption for a residential unit. If you 'feel there is a mistake an this notice, you need to request an EDU Allocation review. For this review, please submit a. Wastewater EDU Appeals Form fot EDU Allocations > 1.1 to the address printed at the top of this notice with a postmark of July 18, 2012. Contact Customer Service at 866-347-1897 to obtain a Wastewater Appeal form, or download it from ht1p:llwww.monroecounly-0_.aoy1forms.aspx. The EDU Allocation for the above parcel. is: 1..0 The lump sum System Development Fee is proposed at $5,700 per EDU, however, this amount may be reduced at the July 18, 2012 public hearing. The lump sum System Development Fee for the above parcel Is $5,700.00. It is anticipated that the Prepayment will be due by August 31. 2012, if you decide to prepay. Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the System Development Fee_ over 20 years on the property tax bill _ No action is required on your part to elect this option. The total assessment revenue to be generated within the entire Cudjoe Region. including the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period is approximately $89.5 million. The County intends to include annual assessments on your ad valorem tax bill beginning November 2D12. Failure to pay your assessments will cause a tax certificate to be issued against theproperty which may result in a loss of title. The maximum Annual Wastewater Assessment is proposed at $538 per EDU; however, this amount may be reduced at the Jury 18, 2012 public hearing. The estimated Annual Wastewater Assessment for the above parcel is: $638.00 You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for July 18, 2012 at 5:01 p.m. at the Harvey Government Center, 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at http:llfl-monroecounty.ciyicolus.comlagendacenter on July 6.. 2012. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing. If you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation or an interpreter to participate in this proceeding, contact the County Administrator at (305) 292-4441 at least 48 hours prior to the date of the hearing, Once construction is complete and wastewater service becomes available, owners of properties with water service will be required to connect to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice. This notice satisfies the statutory requirement for notice or the requirement to connect to the regional wastewater treatment system once service becomes available. Property owner responsibilities including construction of on -site pipes, abandonment of on -site systems, permitting and related tasks to complete the connection will be detailed in the connection notice, The on -site costs described above are in addition to the System Development Fee. If you have any questions about this notice you can contact Customer Service at 866-347-1897 between the hours of 9:O0 a.m - wand 4:00 p.m. LIM Monroe Couniy .Wastewater Dept. A •�_�� ^ ."+� . 102050 Overseas Highway Suite 2-223 Key Largo, FL 33037 SUGARLOAF SHRS FL 33042-3711 Board of County Commissioners Mayor David Dice, Dist. 4 Mayor Pro Tern Kim Wigington, Dist, 1 George Neugent, Dist. 2 Heather Carruthers, Dist. 3 Sylvia Murphy, Dist. 5 Sequence Number: MW-02-1500 Notice. Date: June 27. 2012 Re: Notice of Wastewater Non -Ad Valorem Assessments (Outer Area) Dear Property Owner Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in the beginning of 2013 as required by the State Appropriation. Property owners have the option to pay the System Development tree for these services as one lump sum (Prepayment) or in installments (Wastewater Assessment) financed over twenty years and collected on the ad valorem tax bill as a non -ad valorem assessment. Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based on water consumption for the three year period of 2009, 2010 and 2011 The EDU Allocation for non- residential property is calculated by using the highest three month average water consumpVon and dividing it by the average monthly water consumption for a residential unit. if you feel there is a mistake on this notice. you need to request an EDU Allocation review. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations > 1.1 to the address printed at the top of this notice with a postmark of July 18, 2012. Contact Customer Service at 866.347-1897 to obtain a Wastewater Appeal form, or download it from htlp:!lvrnw.monroecounty-fl.gov/forms:aspx. The EDU Allocation for the above parcel is: 1.0 he lump sum System Development Fee Is proposed at S6,700 per EDU, however, this amount may be reduced at the `'_ July 18, 2012 public beating. The lump sum System Development Fee for the above parcel is $6,700,00. It is anticipated that the Prepayment for the Outer Area will. be due between July through August 2013, if you decide to prepay. Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the System Development. Fee over 20 years on the property tax bill. No action is required on. your part to elect this option. The total assessment revenue to be generated within the entire Cudjoe Region, including the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period is approximately $89.5 million, The County intends to include annual assessments on your ad valorem tax bill beginning November 2013. Failure to pay your assessments will cause a tax certificate to be issued against the property which may result in a loss of title, The maximum Annual Wastewater Assessment is proposed at $538 per EDU; however, this amount may be reduced at the July 18, 2012 public hearing. The estimated Annual Wastewater Assessment for the above parcel is: $638.00 You are inviled.to attend a public hearing to adapt the Final Assessment Resolution scheduled for July 18, 2012 at 5:01 p.m. at the Hanley Government Center, 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available g p g P -t: agendacenter an July 6. 2012, All En the agenda packet for the hearing, to be published at htt lift-monroecounty.civicplus.cam{,-._, affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing. If you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation or an interpreter to participate in this proceeding, contact the County Administrator at (305) 292-4441 at least 48 hours prior to the date of the hearing. Once construction is complete and wastewater service becomes available, owners of properties with water service will be required to connect to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice. This notice satisfies the statutory requirement for notice of the requirement to connect to the regional wastewater treatment system once service becomes available. Property owner responsibilities including construction of on -site pipes, abandonment of on -site systems, permitting and related tasks to complete the connection will be detailed in the connection notice. The on -site costs described above are in addition to the System Development Fee. you have any questions about this notice you can contact Customer Service at 866-347-1897 between the hours of 9:00 a.m. l nd 4.-00 p.m. M MONROE COUNTY, F'LOREDA CUDJOE REGIONAL CENTRALIZED INNER ISLANDS WASTEWATER ASSESSMENT PROGRAM INITIAL ASSESSMENT RESOLUTION (INCLUDING PARCELS WITHIN THE CENTRAL SERVICE BOUNDARIES FROM UPPER SUGARLOAF TO SUMMERLAND KEY) ,Tune 20, 2012 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINI" oNS....................................................................................2 SECTION 1.02. IliTERPR.ETATION........................................................................... 5 SECTION 1.03. GENERAL FINDINGS...................................................................... 5 ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED ...................... 6 SECTION 2.02. IMPOSITION OF ASSESSMENTS................................................... 6 SECTION 2.03. PREPAYMENT AMOUNTS............................................................. 6 SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS...........................6 SECTION 2.05. PREPAYMENT OPTION .................................................................. 7 SECTION 2.06. MANDATORY PREPAYMENT....................................................... 7 SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION ....................... 8 ARTICLE III NOTICE AND PUBLIC HEAR.IN+G SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL .................................. 8 SECTION 3.02. PUBLIC HEARING........................................................................... 8 SECTION 3.03. NOTICE BY PUBLICAnON............................................................9 SECTION 3.04. NOTICE BY MAILING..................................................................... 9 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLEC 1ON........................................................... 9 SECTION 4.02. SEVERABILITY..............................................................................10 SECTION 4.03. EFFECiTVE DATE..........................................................................10 TABLE OF APPENDICES APPENDIX A DESCRIPTION OF TBE CUDJOE REGIONAL CENTRALIZED INNER ISLANDS SERVICE AREA APPENDIX B PUBLIC HEARING NOTICE TO BE PUBLISHED APPENDIX C FORM OF MAILED NOTICE RESOLUTION N0.1 73 - 2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER SERVICE TO PROPERTIES; DESCRIBING THE SYSTEM DEVELOPMENT FEE, COLLECTION COSTS AND THE OTHER TERMS AND CONDITIONS OF THE NON -AD VALOREM ANNUAL WASTEWATER ASSESSMENTS; ESTABLISHING THE AMOUNT AND TERM OF THE ANNUAL WASTEWATER ASSESSMENT FOR EACH PARCEL OF PROPERTY TO BE ASSESSED; DIRECTING PREPARATION OF THE INITIAL NON -AD VALOREM ASSESSMENT ROLL; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED WASTEWATER ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THERE�+VTTH; AND PROVIDING AN EFFECTIVE DATE. NOW, 'THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: ARTICLE I DEFINMONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Adjusted prepayment Amount" means the remaining Prepayment Amount for each Tax Parcel computed by deducting (1) the portion of the system development fee paid by the property owner as Annual Wastewater Assessments from (2) the Prepayment Amount utilized to compute the annual Wastewater Assessment included on the Non -Ad Valorem Assessment Roll for such Tax Parcel. "Annual Wastewater Assessment" means the sum of the sum of (1) the Annual System Development Fee Payment, and (2) the Collection Cost for each Tax Parcel. "Collection Cost" means the amount computed each Fiscal Year for each Tax Parcel that shall be equal to (1) the Prepayment Amount for such Tax Parcel divided by the sum of the aggregate Prepayment Amount, multiplied by (2) the estimated cast to be incurred by the County during any Fiscal. Year in connection with collection of the Wastewater Assessments, including staff administration time. "Board" means the Board of County Commissioners of Monroe County, Florida. "County" means Monroe County, a political subdivision of the State of Florida. 2 "County Administrator" means the chief administrative officer of the County, designated by the Board to be responsible for coordinating the Wastewater Assessments, or such person's designee. "Final Assessment Resolution" means the resolution described in Section 2.06 of the Ordinance, which shall confirm, modify or repeal this Resolution. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County, which shall be the final proceeding for the initial imposition of the annual wastewater assessment. "Initial Asmsment Resolution" means the resolution described in Section 2.02 of the ordinance, which shall be the initial proceeding for identification of Collection Costs and for imposition of an Annual Wastewater Assessment. "Initial Prepayment" means payment of the system development fee without interest or other Connection Costs. "Improved Tax Parcel" means those privately owned properties in the service areas described in Appendix A which generate wastewater and therefore will be required to connect to the Cudjoe Regional Wastewater Centralized. Treatment System. "Non -Ad 'Valorem Assessment Roll" means a non -ad valorem assessment roll, as defined in Section 197.3632(l)(e), Florida Statutes, approved by a Final Assessment M Resolution pursuant to Section 2.06 of the ordinance or an annual rate resolution pursuant to Section 2.08 of the ordinance. "Ordinance" means Ordinance No. 027-2003. "Prepayment Amount" means the amount required to prepay remaining balance of Wastewater Assessment for each Tax Parcel following certification of the Non -Ad Valorem Assessment Roll for the ad valorem tax bill to be mailed in November of each MR "Property Appraiser" means the Monroe County Property Appraiser. "System Development Fee" means that portion of the capital cost of the wastewater system being assessed to each owner of a Tax Parcel, up to a maximum of $5,700 per EDU. "Tax Collector" means the Monroe County Tax Collector. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll described in Section 193.114(2), Florida Statutes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. 4 "Utility" means Florida Keys Aqueduct Authority. 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 Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Article VIH, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, grant to a board of county commissioners all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactrnent of county ordinances. (B) The Board has enacted the Ordinance to authorize the imposition of wastewater assessments to allow payment of the cost to provide wastewater service to be paid over a period of years using the Uniform Assessment Collection Act. (C) The availability of payment options that allow a property owner either to pay an Initial Prepayment of the System Development Fee or to pay the System Development Fee over a period of years as Annual Wastewater Assessments provides a M special benefit to property and encourages the property owner to pay the assessable amounts on a timely basis. (D) Since the System Development Fee and related costs are directly related to each specific parcel of property to be assessed, the wastewater assessment program provides an equitable method of funding the System Development Fee and related costs. ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.41. DESCRIPTION OF PROPERTY TO BE ASSESSED. Wastewater Assessments shall be imposed on improved, privately owned Tax Parcels in the centralized Cudjoe Regional Service Area. SECTION 2.42. IWOSITION OF ASSESSMENTS. Wastewater Assessments shall be imposed for a period of 20 years. The first Annual Wastewater Assessment will be included on the ad valorem tax bill to be mailed in November 2012. When imposed, the wastewater assessment for each Fiscal Year shall constitute a lien upon such Tax Parcels pursuant to the Ordinance. SECTION 2.03. PREPAYMENT AMOUNTS. In the initial year, the amount necessary to prepay the System Development Fee in full for each Tax Parcel shall be $5,700 per EDU. In each successive year, a Prepayment Amount for each Tax Parcel shall be computed annually. SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS. The Annual Wastewater .Assessment shall be computed for each Tax Parcel as the sum of (1) 6 the Annual System Development Fee Payment, and (2) the Collection Cost. The Annual System Development Fee Payment is computed as the unpaid balance of the System Development Fee amortized together with interest up to 3% per annum, over the remaining term for such tax parcel. The interest rate applied will be determined based on the interest rate obtained by Monroe County to borrow funds to complete the projects. SECTION 2.05. PREPAYMENT OPTION. The owner of each Tax Parcel subject to the Wastewater Assessments shall be entitled to prepay all future unpaid Annual Wastewater Assessments upon payment of an amount equal to the sum of (1) the Annual Wastewater Assessment and (2) the Adjusted Prepayment Amount. The amount of all, prepayments made pursuant to this Section 2.05 shall be final. SECTION 2.O6. MANDATORY PREPAYMENT. The owner of a Tax Parcel subject to the Wastewater Assessment shall immediately prepay all future unpaid Annual Wastewater Assessments for such Tax Parcel if (1) the Tax Parcel is acquired by a public entity through condemnation or otherwise, or (2) a tax certificate has been issued and remains outstanding in respect of the Tax Parcel and the County, at its sole option, elects to accelerate the Wastewater Assessment. Failure by the property owner to comply with this Section 2.06, will result in the remaining Prepayment Amount (phis interest computed at the rate utilized to compute the Annual System Development Fee Payment) being placed on the Tax 7 Parcel's ad valorem tax bill for the next Fiscal Year, in addition to its share of the Collection Cost and Statutory Discount. SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION. (A) Upon subdivision of any Tax Parcel subject to the Wastewater Assessment, and compliance with the conditions set forth below, the Prepayment Amount for such Tax Parcel shall be reallocated among the subdivided parcels as described in the Final Assessment Resolution. ARTICLE III NOTICE AND PUBLIC EW.4 iG SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL. The County Administrator is hereby directed to prepare the preliminary Non -Ad Valorem Assessment Roll in the manner provided in the Ordinance. The preliminary Non -Ad Valorem Assessment Roll shall be maintained by the County Administrator and open to public inspection beginning June 21, 2012. The foregoing shall not be construed to require that the Non -Ad Valorem Assessment Roll be in printed form if the amount of the Wastewater Assessment for each Tax Parcel can be determined by use of a computer terminal available to the public. SECTION 3.02. PUBLIC HEARING. A public hearing will be conducted by the Board at 5:01 p.m., or as soon thereafter as the matter can be heard, on July 18, 2012, at the County Commission Chambers in the Harvey Government Center, 1200 Truman 8 Avenue, Key West, Florida, to consider (A) imposition of the Wastewater Assessments, and (B) collection of the Wastewater Assessments pursuant to the Uniform Assessment Collection Act. SECTION 3.03. NOTICE BY PUBLICATION. Upon completion of the Non -Ad Valorem Assessment Roll, the County Administrator shall publish a notice of the public hearing authorized by Section 3.02 hereof in the manner and the time provided in Section 2.05 of the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix B. SECTION 3.04. NOTICE BY MAILING. In addition to the notice provided in accordance with Section 3.03, above, at least 20 days prior to the public hearing, the County Administrator shall mail a notice of the public hearing to each person owning property subject to the assessment. Said notice shall be mailed by first-class mail, and shall include all of the information required by Section 197.3632(4)(b), Florida Statutes. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Wastewater Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of a Final Assessment Resolution confirming this Resolution and imposing the Wastewater Assessments, the Non -Ad Valorem Assessment Roll shall be certified to the Tax Collector pursuant to the Uniform Assessment Collection Act. 9 SECTION 4.02. SEVERABILITY. if any clause, section or provision of this Resolution shall be declared unconstitutional or invalid far any reason or cause, the remaining portion of said Resolution shall be in foil force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 20'h day of June, 2012. Mayor David Rice Mayor Pro Tern Kim Wigington Commissioner George Neugent 'ssioner Heather Carruthers o sinner Sylvia Murphy (SEAL) may. Attest: DANNY L. KOLHAGE By: Deputy Clerk Yes Yes Yes Yes Yes BOARD OF COUNTY COMv MIONERS OF MONROE COUNTY, FLORIDA By: Mayor David R.i c� Lr) a C\1 CY_ 0- CV YQ r� L_ t-4 DESCRIIMON OF THE CUDJOE REGIONAL CENTRALIZED INNER ISLANDS WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Lipper Sugarloaf Sound, on the east by Niles Channel, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 19 and 25.5) Monroe County, Florida. A-1 APPENDIX B FORM OF NOTICE FOR PUBLIC HEARING TO CONSIDER ADOP7TON OF FINAL ASSESSMENT RESOLUTION NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the Board of County Commissioners of Monroe County, Florida will hold a public hearing on July 18, 2012 beginning at 5:01 p.m. in the Harvey Government Center, 1200 Trnman Avenue, Key West, FL 33040, to consider adoption of the; Cudjoe Regional Centralized Inner Islands Wastewater Assessment Program Final Assessment Resolution to impose and provide for collection of a special assessment on improved, privately owned properties located in the centralized Cudjoe Regional Service Area (including Upper Sugarloaf through Summerland Key). Figure 1. below depicts the geographic area subject to the assessment. WWUVAVMW Conb* eaundorks PIC a w rlk UNO SUVftd Us" Mw. c y..Cwr+s�Iprw r ow. awr.orrrr l OF>OJ[lE RjOQNAL CKMALJZFn WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Upper Sugarloaf Sound, on the east by Niles Channel, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 19 and 25.5) Monroe County, Florida. All affected property owners have a right to appear and provide input at the hearing and may file written objections with the County Administrator any time prior to the public meeting. A more specific description of the assessment program is set forth in the proposed Initial Assessment Resohttion which can be viewed on the Monroe County websft at hhp:1/£1- 1x1Q=moue- .gmcplus.coralagendarenter following publication of the June 20, 2012 BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll is scheduled to be available for inspection on June 21, 2012 at the County Administrator's office, located at The Historic Gato Cigar Factory, 1100 Simonton Strut, Suite 2-205, Key West, Florida following adoption of the initial Assessment Resolution. The assessments will be collected on the ad valorem tax bill, as authormed. by Section 1.97.3632, Florida Statutes. Failure to pay the asserts will cause a tax certificate to be issued against the property which may result in a loss of title. The Board intends to collect the assessments in installments, the first of which will be included on the ad valorem. tax bill to be mailed in November 2012. The public hearing is being held for the purpose of receiving public comment on the proposed assessments and collection of the assent on the ad valorem tax roll. All affected property owners have a right to appear at the hearings and to file written objections with the County Administrator any time prior to the: public hearings, or twenty days from this notice, whichever is longer. 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 the hearings, such person will need a record of the, and that, for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. I ADA ASSLYT'ANCE: If YOU are a persax wudr a disability who needs special acconrarodadons In order to pardc4We in this proceeding, please conmct the Count/ Administrator's t7Dke, by phoning (305) 292-4441, between the !roars of 8:30 mm - 3:00 p.mt, no darer than ,fur {S} calendar daps prior to the scheduled meeting; if yore are !rearing or voice hpaircd, call "711't Dated at Key West, Florida this (insert day) day of (insert Month), 2012. DANNY L. KOLHAGE, Clark of the Circuit Court and ex offico Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication as disnlav ad with border on the following,dat Reporter Keynoter KW CftIzen MN APPENDIX C FORM OF MAILED NOTICE C-1 IH�onroE COt�tY s w.stewat� 1DEot 102050 Overseas highway Suite 2-223 Key Largo, FL 33037 *OwnerNameln «DwocrNeme2.» «t4wnerAddi» 4OQwnerAdd2» «City» restate► #Zip* *COUNTRY* Re: FOAM of Notice of Wastewater Non -Ad Valorem Assessments Dear Property Owner - Board of Couft Mayor David Rion Dist. 4 Mayer Pro Tan Kim Wigmgton, Dist.1 George Neugent, Dist. 2 Heather Carruthers, Kist. 3 Sylvia Murphy, Dist. 5 Sequence Number: MW-6,e um-* Notice Data: hie 21, 2012 Construction of the Cudjoe Regional Centralized Wastewater Treat nwt facility is scheduled to commence in the beginning of 2013 w required by the State Appropriation. Property owners have the option to pay the System Development Fee for these services as one lump sum (Prepayment) or in imstallateits (wastewater Assessment) financed over twenty years and collected on the ad valorem tax bill as a non -ad valorem assemneat Each single firmly dwelling unit has been augped one equivalent dwelling unit {EDU). The EDU Allocation for non-residential properties is based on water consumption. The EDU Allocation for oommenciA property is calculated by using the highest three month average water consumption and dividing it by the average monthly water consumption for a residential unit. If you feel there is a mistake on this notice, you need to request an EDU Allocation review. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations > 1.1 to the FKAA Marathon office by (insert date). Contact FKAA'a Customer Service at (insert #) to obtain a Wastewater Appeal farm, or download it from mw.LkM.com/forms.cfin or tnl orms.cfu The EDU Allocation for the above parcel Is:- Parcel EDU: «EDU>> The lamp seam System Development Fee for the above parcel It Bert oak: S70ft=U>. It is anticipated that the Prepayment will be due by August 31, 2012, if you decide to prepay. Alternatively, a wastewater Assessment program has been set up to provide property owners the option to pay the System Development Fee over 20 years on the Property tax bill. No action is required on your part to elect this option_ The total assessment revenue to be generated including the financing costs (if there arc no prepayments) over the entire 20 year period is approximately S . The County mntmds to include annual asses on your ad valorem tax bill. Failure to pay your assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The codwated Annual Wastewater Assessment for the above parcel is: -e50insert max annual> C-2 You are imvitad to attend a public hearing to adopt the Final Asaeaamart Resolution scheduled far July 18, 2012 at 5:01 pm at the Harvey Government Center 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available in the agenda packet fDr the hearing, to be published at http:llfi-mo=22=ty.civicplus.coml mdacenter on July 6, 2012. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator anytime prior to the public hearing. If you decide to appeal any decision made by the County Commission with reapcct to any mxu er considered at the hearing, you will need a record of the procoodings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordanac with the Americana with Duabilides Act, if you are a parson with a disability who weds any accommodation or an interpreter to participate in this priming, contact the County Administrator at (305) 2924"1 at least 48 hours prior to the date of the hearing. Once construction is complete and wastewater service becomes available, owners of properties with water service will be regmrod to connect properties to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice. This notice satisfies the statutory requirement for notice of the requirement to connect to the regional wastewater treatment syatom once service becomes available. Property owner responsibilities including construction of on -site pipes, abandonment of on -site systems, permitting and related tasks to complete the connection will be detailed in the connection notice. The on - site cam described above are in addition to the System Development Fee. Contact FKAA at (insert #) with questions regarding the connection process. C-3 RESOLUTION NO.331 -2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING THE WASTEWATER CAPACITY SERVICE FEE FOR PROPERTIES DEVELOPED WITHIN THE CUDJOE REGIONAL CENTRALIZED INNER ISLAND SERVICE AREA AFTER THE LEVY OF THE NON -AD VALOREM WASTEWATER ASSESSMENTS; PROVIDING FOR A METHOD OF ADJUSTING FOR INFLATION; PROVIDING FOR A METHOD OF COLLECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cudjoe Regional Centralized Wastewater Treatment System herein referred to as the "System" is to be constructed with additional capacity for future development; and WHEREAS, impact fees are normally exacted from future new development of properties but cannot currently be required for wastewater because the capacity for new development for the foreseeable future is included in the System design; and WHEREAS, Section 2.02 of the September 6, 2005 Interlocal Agreement between Monroe County and the Florida Keys Aqueduct Authority, as amended September 19, 2007, establishes the levy of non -ad valorem special assessments as a County responsibility; and WHEREAS, Monroe County levied non -ad valorem wastewater assessments to collect System Development Fees of $4,500.00 per Equivalent Dwelling Unit (EDU) from developed properties within the Cudjoe Regional Centralized Inner Island Service Area as described in the Final Assessment Resolutions adopted on July 18, 2012; and WHEREAS, due to timing of development or changes in use, some properties requiring wastewater service may not have been included on the non -ad valorem tax roll certified in September 2012 or may not have been included for the extent of connection required for the usage of that property; and WHEREAS, in order to provide equity for all users of central wastewater systems, a mechanism is necessary to collect a wastewater capacity fee from those properties within the Cudjoe Regional Centralized Inner Island Service Area for which initial or additional wastewater service is required; and WHEREAS, these wastewater capacity fees from future development have been determined to be necessary to pay towards the anticipated debt obligation incurred to provide future development with wastewater service; and WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those properties within the Cudjoe Regional Centralized Inner Island Service Area which initial or additional wastewater service is required; and WHEREAS, adjustments need to be made for inflation since there are financing costs for the project; and Cudjoe Inner Island Assessment Res. 2012 WHEREAS, the inflationary element would contribute to the overall financing costs similar to the interest factor included on the annual assessment; NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA, AS FOLLOWS: Section 1.0. The following fees are hereby established for wastewater system capacity within the Cudjoe Regional Centralized Inner Island Service Area. These fees apply to new development and re -development for which permits are or were issued subsequent to the non -ad valorem wastewater assessments levied on the 2012 tax bill: 1.1 Residential Service: The wastewater capacity fee for residential service is $4,500.00 per residential unit (EDU) times an adjustment for inflation based upon the all cities Consumer Price Index for all urban consumers (CPI-U) as published by the Bureau of Labor Statistics of the U.S. Government. Single family residences will be charged $4,500.00 times a CPI-U adjustment factor. The base date for CPI adjustments for the Inner Islands Service area is December 2012. The CPI adjustment factor will be 1.0 until the December 2012 and subsequent year CPI -Us are published. The CPI-U adjustment factor is calculated as described below in section 2.0. 1.11 Multi -family residences will be charged $4,500.00 for each dwelling unit times the CPI-U adjustment factor. Wastewater capacity fee = $4,500.00 x number of EDUs x CPI-U adjustment factor (see Section 2.0 below) 1.1 Non -Residential Service: The wastewater capacity fee for non-residential properties shall be calculated based on an estimated EDU allocation provided by the Florida Keys Aqueduct Authority. The EDU allocation will be based on the anticipated volume (in gallons) of wastewater anticipated to be generated by the property divided by a volume to EDU conversion of 167 gallons/EDU. The wastewater capacity fee will be adjusted for inflation in the same manner described in sections 1.1 and 1.11 for residential properties. The anticipated volume shall be calculated based on the State of Florida Department of Health System Size Determinations found in Florida Administrative Code (Chapter 64E-6.008 as of the date of this resolution). Wastewater capacity fee = $4,500 x number of EDUs x CPI-U adjustment factor (see Section 2.0 below) Section 2.0. The CPI-U adjustment factor is calculated each year by dividing the most recent year's December CPI-U (not seasonally adjusted) by the CPI-U (not seasonally adjusted) for December 2012. Section 3.0. The wastewater capacity fee shall be collected by the Monroe County Building Department upon issuance of a permit, or if a permit has already been issued but no certificate of occupancy has been issued, the fee shall be collected by the Monroe County Building Department prior to the issuance of the certificate of occupancy. If a building permit or certificate of Cudjoe Inner Island Assessment Res. 2012 occupancy was issued but the System Development Fee was not collected pursuant to the Cudjoe Regional Inner Islands Final Assessment Resolution nor was the wastewater Capacity Fee collected by the Building Department, the wastewater capacity fee will be collected as a supplementary non - ad valorem assessment to the 2012 tax roll. The non -ad valorem assessment will be collected as a part of the annual property tax bill and will include the opportunity for prepayment. Section 4.0. These fees shall apply to all permits and certificates of occupancy issued after the effective date of this resolution. Section 5.0. This resolution shall become effective immediately upon its adoption by the Monroe County Board of County Commissioners. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 171h day of October, 2012. Mayor David Rice Yes Mayor Pro Tern Kim Wigington Yes Commissioner George Neugent _ Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy des BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORID (Seal) Attest A r�ITI T'`'T9 Clerk y B By: Mayor Deputy Clerk o C-. CD N G O MONROE COUNTY ATTORNEY APP VED AS TO U NNE ��A.y HU1TON ,rip cou'S`- Cudjoe Inner Island Assessment Res. 2012