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Item S4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 19, 2013 Bulk Item: Yes No X Division: PWD/Engineering__ 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 Outer Islands Wastewater Supplemental Assessment Program DIEM 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 Outer Islands include Lower Sugarloaf, Ramrod, Big Torch, Little Torch and Big Pine Key. PREVIOUS RELEVANT BOCC ACTION: May 15, 2013, BOCC approved the Cudjoe Regional Outer Islands Wastewater Supplemental Initial Assessment Resolution 155-2013. January 16, 2013, BOCC approved addition of a limited number of expanded properties for the Outer Islands area. July 18', 2012, BOCC approved Final Assessment Resolution 198-2012 for the Cudjoe Regional Centralized Wastewater Treatment System. June 20, 2012, BOCC approved Initial Assessment Resolution 174-2012 for the Cudjoe Regional Centralized Wastewater Treatment System. On October 17, 2012, BOCC adopted Resolution 125-2013 to collect System Capacity Fees at the time of permit issuance from properties developed after adoption of the assessments in Resolutions 198-2012 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 OUTER 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. 174-2012 (the "Initial Assessment Resolution") relating to the provision of wastewater service to properties in the Cudjoe Regional Centralized Outer 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. 198-2012 (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. 155-2013, the Cudjoe Regional Outer Islands Wastewater Assessment Supplemental Program Initial Assessment Resolution (the "Initial Outer Supplemental Assessment Resolution"), as amended herein; and WHEREAS, the Initial Outer 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 Outer 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 Outer Islands Page 1 of 25 Final Outer Supplemental Assessment Resolution WHEREAS, notice of a public hearing has been published and mailed, as required by the terms 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 OUTER SUPPLEMENTAL ASSESSMENT RESOLUTION. (A) For purposes of clarification, the term "System Development Fee" contained in Section 1.01 in the Initial Outer 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] Cudioe Outer Islands Page 2 of 25 Final Outer Supplemental Assessment Resolution SECTION 4. INITIAL OUTER SUPPLEMENTAL ASSESSMMENT RESOLUTION AMENDED. (A) The Initial Outer Supplemental Assessment Resolution is hereby amended as follows to include this new Section 2.02 concerning the expansion of the Cudjoe Regional Outer Islands Wastewater Assessment Supplemental Program: SECTION 2.02. EXPANSION OF CUDJOE REGIONAL OUTER ISLANDS WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM. The Cudjoe Regional Outer Islands Wastewater Assessment Supplemental Program, as described in Section 2.01 of the Initial Supplemental Assessment Resolution is hereby expanded to include the following parcels, as more particularly described by the following Alternate Key numbers: AK# Owner AK# Owner 1284955 DALSIN LAWRENCE G & 1272914 WAGNER JOHN R 1284416 DARST JAY AND MARYANNE 1319775 PEEL JAMES AND CHRISTINE 1286532 CBRIS LLC 1268640 WRIGHT MILES & RITA 1287768 COHEN STEVEN S AND SANDRA D 1320013 HEFFERON MICHAEL TODD & KIMBER 1266167 BRASS JOHN W & LISA C 1319953 RK & S CONSTRUCTION OF FL KEYS 1268984 WARR MICHEAL C TRUST AGREEMENT 1375519 ROBERTS CHARLES F 1317250 BAZIL JULIE LYNN R/S 1265675 LOFTUS JAMES ANTHONY & DAWN MA 1269336 KELLY MICHAEL G & LISA H 1268496 FIELDING, VERA & DAVID R/S 1317900 BOTSORD BUILDERS INC 1374237 MADDOX CHARLES 1289825 LLOYD'S POINT LLC 1378364 KGKEYS LLC 1368962 SATATIS BRUCE A BOHLEN BARBARA 1290203 BRISSON JOSEPH CHRISTIAN 1267333 BARROWS ANTHONY & CHRISTINE M 1383881 CONNELLY STEPHEN SCOTT 1266469 KWEST LLC 1284777 FORSYTH ALEXANDER J JR 1283975 RYAN THOMAS 0 & CARRIE S 1142786 KRAUSE INGEBORG M AND GEROLD W 1211621 BOOZER JAMES H 1142808 RICH SUSAN 1267261 R K & S CONSTRUCTION 1212091 WRIGHT NICOLAS WARREN 1266566 CBRIS LLC 1270776 SINGER DANIEL P 1384950 SZABO PETER & EDITH 8660863 WARRICK WILLIAM LEO RETAINED INCOME TR NO 1 1275042 WRIGHT MILES 1270831 CEIA PRISCILLA 1265390 SALINAS GABRIEL AND KATIE 1357766 COFFER STEPHANIE 1210021 WOLFE ELIZABETH R 1208744 BIALEK CAROL 1267465 VONRINTELN JAMESJ. & BONNIE [rest of page intentionally left blank] Cudjoe Outer Islands Page 3 of 25 Final Outer Supplemental Assessment Resolution (B) All other sections of the Initial Outer 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 Outer Supplemental Assessment Resolution shall remain in full force and effect. SECTION S. CONFIRMATION OF INITIAL OUTER SUPPLEMENTAL ASSESSSMENT RESOLUTION. The Initial Outer 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 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 Outer 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 Outer Supplemental Annual Wastewater Assessment, as amended herein, will be included on the Ad Valorem tax bill to be mailed in November 2013. (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 Outer 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. [rest of page intentionally left blank] Cudjoe Outer Islands Page 4 of 25 Final Outer Supplemental Assessment Resolution (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 Outer Supplemental Assessment Resolution and shall attach to the property included on the Assessment Roll upon adoption of the Final Outer 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 OUTER SUPPLEMENTAL ASSESSMENT RESOLUTION. The adoption of the Final Outer Supplemental Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Outer 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 Outer Supplemental Assessment Resolution. 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. [rest of page intentionally left blank) Cudjoe Outer Islands Page 5 of 25 Final Outer Supplemental Assessment Resolution 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 Outer 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 Outer Supplemental Assessment Resolution, as amended herein. SECTION 13. 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 191h day of June 2013. Mayor George Neugent Mayor Pro Tem Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) Attest: AMY HEAVILIN, CLERK By: Deputy Clerk Cudjoe Outer Islands Final Outer Supplemental Assessment Resolution BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairperson MONROE COUNTY ATTORNEY A ROVED AS T F RM: YNTHIA L. ALL Page 6 of 25 ASSISTANT COUNTY ATTORNEY Date_ — i.- S- aoi3 i s Proof of Publication Cudjoe Outer Islands Page 7 of 25 Final Outer Supplemental Assessment Resolution FL0R10A KEYS 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 Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on _Legal and - Official Advertisements. Sworn to 0,11 su ribed before me this z2.5 o �z6?, 2013 (SEAL) Notary SEVERLYTRAEGER MY COMMISSION # DD 969749 l ='•: .. EXHAES: April 18,2014 Bonded 1'hru NoaryPuulic Uptle[writers Cudjoe Outer Islands Final Outer Supplemental Assessment Resolution Page 8 of 25 The figures below depict the hinits of the Cudjoe,Regional`Wmtewater Treatment,Systeni Outer Islands Service Area: Wastewater'; Assessments shall be imposed on impfoved, privately, owned tax parcels in the centralized Cudjoe Regional Service Area`n the Cudjoe Regional Services Area that include (I) Outer Island expanded service area parcels; as adopted by resolution on JANU- ARY16, 2013, (2),parcels in fhe Cudjoe Regional Wastewater Treatrnent,System Service Arca that, have been devel6Ded or issued a permit to develop after JULY.18 2012: The, final non -ad valorem supplemental assessinent;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 January 16„2013. First class notices' describing the supplemental assessment programs were mailed. to owner addresses on file, with the property appraiser follow- ing the adoption.of the initial resolution on May 1.5, 2013. - THE REPORTER P.O. Box 1197, Tavernier, F133070 92655 Overseas Hwy, Tavernier Fl 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) ofpublication) 5- Rk� -/3 Aftiant 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 Taveriaier, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The a£fiant 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. . 1 // Wa ne`M rl am fiblisher Sworn to and subscrib efore me this ; jJ Day of 2013 (SEAL) Notary BEVERLY iRAf -'R s. *: hfY COMMiSSIOM B DD 969749 EXPIRCS April 2014 "'•.'s„oFs;;:�'" Bonded'ihruNotaryPublicltnderwriters I -L Aj--b AV)1-61� Cudjoe Outer Islands Final Outer Supplemental Assessment Resolution Page 11 of 25 Cudjoe Ou Final Outei Resolution viewed gior 25 •1^... KEY —WEST THE L rr. wr1n. rs. aeb ar4 n.■�n�r.a ra roe Cooke Communications, LLC Florida Keys PO Box 1800 Key West FI 33041 Office .... 305-292-7777 Extension ... x219 Fax ....... 305-295-8025 legaIsAkevsnews.com INTERNET PUBLISHING keywest.com keysnews.00m floridakeys.com key-west.com Web Design Services NEWSPAPERS The Citizen Southernmost Flyer Solares Hill Florida Keys Free Press MARKETING SERVICES Commercial Printing Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing / Main Facility 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 citizen,a keYwest.com Internet Division Tel 305-292-1880 Fax 305-294-1699 sales@keywest.com Upper Keys Office 91731 Overseas Hwy Tavernier, FL 33070 Tel 305-853-7277 Fax 305-853-0556 freepress@fioridakeys.com STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Tommy Todd, who on oath says that he is Advertising Director 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 matter of was published in said newspaper in the issue(s) of Z q 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 1 year next preceding the first publication of the attached copy of ad ve ment; and affiant further says that he has neither paid nor promised any person firm or corporation any discount, rebate, commission or refund for the ose of securing s advertisement for publication in the id newspaper Affiant Sworn and subscribed before me this day of 12013 DAWN KAWZINSKY Notary Public: 0".-C—Expires NOTARY PUBLIC STATE OF FLORIDAComm# EE157233 1/4/2016 r Dawn Kawztnsky Expires: 1/4/16 Notary Seal Personally Known x Produced Identification Type of Identification Produced Cudjoe Outer Islands Page 14 of 25 Final Outer Supplemental Assessment Reolution NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY'NIAL ASSESSMENT RESOLUTION NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN tiiat 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, Ronda Intends to conduc' public hearings to consider approval of the following County final assessment resotubon CUDJOE REGIONAL OUTER 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 hSSESSMENT ROLL FOR THE CUDJOE REGIONAL OUTER ISLANDS SERVICE AREA; APPROVING THE SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. The figures below depict the limits of the Cudjoe Regional Wastewater Treatment System Outer Islands Service Area Wastewater Assessments shall be imposed on Improved, privately owned tax parcels In the centralized Cudjoe Regional Service Area In the Cudloe Regional Services Area that Include (1) Outer 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 bare been permltto develop after JIAY 18 2012. The final non -ad valorem supplemental assessment rolls predare 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 January 16, 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. Cud(oe Regional WastewaterTreatment System Outer Islands Service Area A more specific description of the Cudjoe Regional Outer isiandsrWastewater Assessment Supplemental Program is set forth In the proposed Final Assessment Resolution which can be viewed on the Monroe County website at httpJ/fl-monroecounWivicpius.conftendacentor following publication of the June 19, 2013 BOCC agenda The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe Regional Outer 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 Flonda 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 Ina 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 win need a record of the proceedings. and that. for such purpose, such person mtay need to ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is to be based ADA ASSISTANCE. it you area person with a disability who needs special accommodaffons 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. - 6.00 p.m., no later than five (5) calendar days prior to the scheduled meeting; it you are hearing or voice Impaired, call "711 ". Dated at Key West, Florida this 15th day of May 2013 AMY HEAVILIN, Clerk of the Circuit Court and ex off clo Clerk of the Board of County 201S xw Weal Cnm, Commissioners of Monroe County, Florida Yan Cudjoe Outer Islands Final Outer Supplemental Assessmetn Resolution Page 15 of 25 Appendix B Affidavit of Mailing Cudjoe Outer Islands Final Outer Supplemental Assessment Resolution Page 16 of 25 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 Outer 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. 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. 7�'O�e 1<6viaMilson, 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.: - -,f p JOAN E. SHERRY MY COMMISSION # EE 853992 EXPIRES: March 26, 2017 .,^pf `o,,• Bonded Thru Notary Public Undewrit- STATE OF FLORIDA COUNTY OF LEON ),C k The foregoing Affidavit of Mailing wa day of June 2013 by Sandi Melgarejo, Group, Inc., a Florida corporation. She is as identification and did take an oath. ""tP''••., TAMMY PETERS ` Commission # DD 921344 Expires August 31, 2013 Banded itnl hoyrFain Insurance806'3�6"1®19 sworn to and subscribed before me this Project Coordinator, Government Services personally known to me or has produced Printed Name: C aim, u PTf—e*--.s Notary Public, State of F rida At Large My Commission Expires: �G' Commission No.:L�'D C/0i 3?1 Appendix C Non -Ad Valorem Assessment Roll (cont'd) Cudjoe Regional Outer Islands Supplemental Assessments ALT ! OWNER ALT OWNER 1130451 JAMES M & MARY ELLEN MALLOY 1141356 MONROE COUNTY COMPREHENSIVE 1130478 THOMAS & JOAN LOCKYEAR 1132314 KAYCE L VOWELS HOMMINGA 1130494 BARRY & RENEE TRAVIS 1132331 CHRISTOPHER A ARSENAULT 1130516 BRIAN AMBUEHL 1132349 STEVEN & CHRISTINE GODLEWSKI 1130575 JAMES P BROCK II 1132365 ROBERTA MCELROY 1130940 MICHAEL & ROSE HUSSEY 1132373 JAMES P BREWSTER 1131067 REPH V LLC 1132462 BIG PINE KEY LODGE NO 1585 LYL ORD 1131075 KEVIN & KATRINA MADOK 1132594 CAI ER CATHY A 1131105 MARK & MICHELLE WEINBERG 1132608 JAMES E CURRIER TRUST U/A 04/29/09 1131121 YALE MORTGAGE CORP 1132675 GREGORY & JANET GATO 1131148 BPK VACATION RENTALS LLCV 1132802 BD OF TR'S OF THE INT IMP TR FUND OF 1131229 OWB REO LLC C/O ONEWEST BANK FSB 1132829 MARIE FASANO 1131245 KATHRYN AMANDA BRENNAN YATES 1132837 ERIC SWENSON 1131644 BRUCE SONNENFELD 1132845 MONROE COUNTY PUBLIC SERVICE 1131806 CARL AND TERRY REID 1132853 HENRY MARKEY 1131822 JOYCE REVELLI 1132861 HENRY MARKEY 1131911 STANLEY E LEISNER 1132985 SUSUAN UGHTBODY 1131920 BEN R GALT 1133132 AUGUST POWERS 1132004 JUANITA KRETSCHMAR 1133191 CATHERINE LOUGHRAN 1132021 ANITA HOLROYD 1133329 JERRY AND LYNNE PETTY 1132055 MICHAEL N LAUDICINA 1133442 DAWN RUNGE 1132071 LEONORASTULLKEN 11336041 VICTOR HERNANDEZJR 1132136 MARYLOU WEBSTER 1133825 EDWARD L ROBERGE TRUST 12/16/2008 1132292 HOLLIS W WOOD JR 1136212 ROBERT MORROW 1132306 VALERIE ADAMS 1136671 TRACEY STEFFENS 1141178 CAPE PINE TRUST 1136891 KEVIN DAUGHERTY 1141186 MONROE COUNTY COMPREHENSIVE 1141496 MONROE COUNTY COMPREHENSIVE 1141194 EVELYN CASPER 1141500 MONROE COUNTY COMPREHENSIVE 1141216 CARMINE AND LISA MANDARANO 1141518 MONROE COUNTY COMPREHENSIVE 1141224 MARK AND JENNIFER NOAH 1141526 MONROE COUNTY COMPREHENSIVE 1141232 GARY1 AND BETTEANN BAGINSKI 1141534 ERIC W BEERY TRUST AGR 12/21/2007 1141241 KALMAN D BLUMBERG 1141542 ERIC W BEERY TRUST AGR 12/21/2007 1141259 RONALD S D'AMORE 1141551 JULIA ANN FONDRIEST TRUST 12/30/08 1141267 JOHN RICE 1141569 BARRY L ROBERTS 1141321 ROBERTAND FRANCES EICHIN 1141577 HARRY APPEL 1141330 RONALD BAND LINDA M FAUER 1141585 MONROE COUNTY COMPREHENSIVE 1141348 1 MONROE COUNTY COMPREHENSIVE 1141593 MONROE COUNTY COMPREHENSIVE Cudjoe Outer Islands Final Outer Supplemental Assessment Resolution Page 20 of 25 Appendix C Non -Ad Valorem Assessment Roll (cont'd) Cudjoe Regional Outer Islands Supnlemental Asspsempn+e. ALT OWNER ALT OWNER 1141607 PHILLIPS J CARROLL ESTATE 1390461 SIMEON LOCKE TRUSTEE 1141615 LEON WILLIAM AND MARITZA F 1141623 SUZANE CATES 1141364 MICHAELJ AND JUDITH E MALINOWSKI 1141631 MICHAEL C LYONS 1141372 H ERBERT J KOOPS 1141640 DE BEACH LLC 1141381 MARK AND JENNIFER NOAH 11416SS FRANCESSCA L BRETTSCHNEIDER 1141399 MICHAEL BAUMANN 1151106 GOOD LLOYD A JR ESTATE 1141402 G W ROCKETT SR 1276219 WERNER REITER 1141411 MONROE COUNTY COMPREHENSIVE 1276243 WERNER REITER 1141429 MARY JANE MARQUIS 1276251 SCHNEIDER PROPERTYTRT DTD 1141437 OREGON ROAD VINEYARDS LLC C/O 1276259 SALVATORE A AND HELEN C LENTINE 1141445 MONROE COUNTY COMPREHENSIVE 1276260 SCHNEIDER PROPERTYTRT DTD 1141453 LUCETTE M FILIPOWICZ 1276278 JAMES E HOOD 1141461 MONROE COUNTY COMPREHENSIVE 1276286 HOWARD & BARBARA SHANEBROOK 1141488 MONROE COUNTY COMPREHENSIVE 1390470 PARKER REV LIV TR AGR 3/12/04 1276294 LUX REVOCABLE TRUST 8/8/2011 1390488 GRAVES REV LIV TR 09/17/04 1276308 MONROE COUNTY COMPREHENSIVE 1390496 GRAVES REV LIV TR 09/17/04 1276316 MONROE COUNTY COMPREHENSIVE 1390500 MARY E AUMANN TRUST 6/18/2008 1276324 RENE AND SHEILA K CRUZ 1390518 CYNTHIA ARD 1276341 J AND S OF ORMOND BEACH LIMITED 1390526 HOME FEDERAL BANK OF HOLLYWOOD 1276367 SALVATORE A AND HELEN C LENTINE 1390534 HOME FEDERAL BANK OF HOLLYWOOD 1276375 SPRAGUE JAMES JOSEPH REV TRUST 1390542 MAREK AND PAVLA HRU BAN 1390283 GRZELKA PARTNERS TRUST 6/21/2011 1390551 KEITH MUNT ' 1390291 TAYLOR DON REV TRUST 05/09/03 1390569 KEITH MUNT 1390305 MICHAEL L & MARILYN B STEFANI 8497954 MARTINA P CHAVKA 1390313 JO ANNE SWOPE BS68398 DE BEACH LLC 1390321 LONG BEACH LLC 8570686 BETTE J TOMLINSON 1390348 KEITH AND MARY BURKMAN 8570759 MICHAELJ AND DIANE M COLASURDO 1390356 MERRITT RYDER C/O WAYNE RYDER 8570988 DAVID BUONANNO 1390364 BRENDA B GEORGE LIV TR 9/13/2000 8618581 MONROE COUNTY COMPREHENSIVE 1390372 AMERICAN SALES AND RENTALS INC C/O 8666055 CAREN CLARA WARD 1390381 RICHARD AND LISA BENNETT 8693931 CAREN C WARD 1390399 MONROE COUNTY COMPREHENSIVE 8697406 MOORE CAM ILY REV LIV TR DTD 1390402 MONROE COUNTY COMPREHENSIVE 8782144 MARY JANE MARQUIS 1390411 DOUGLAS AND GERALDINE MADER 8803869 GOOD LLOYD A III 1390429 JACQUES MULDER 8995878 KAPU INVESTMENTS LLC 1390437 TERRY FRASIK 9063187 CATHERINE DUNCAN Cudjoe Outer Islands Final Outer Supplemental Assessment Resolution Page 21 of 25 Appendix C Non -Ad Valorem Assessment Roll Cudjoe Regional Outer Islands Supolemental Assessments AK# Owner AK# Owner 1390445 GEORGIA/CAROLINA I AND D LLC 9090740 LONG BEACH LLC 1390453 MURIEL & FRED RAPP 1284955 DALSIN LAWRENCE G & 1284416 DARST JAY AND MARYANNE 1272914 WAGNER JOHN R 1286532 CBRIS LLC 1319775 PEEL JAMES AND CHRISTINE 1287768 COHEN STEVEN 5 AND SANDRA D 1268640 WRIGHT MILES & RITA 1266167 BRASS JOHN W & LISA C 1320013 HEFFERON MICHAEL TODD & KIMBER 1268984 WARR MICHEAL C TRUST AGREEMENT 1319953 RK & S CONSTRUCTION OF FL KEYS 1317250 BAZIL JULIE LYNN R/S 1375519 ROBERTS CHARLES F 1269336 KELLY MICHAEL G & LISA H 1265675 LOFTUS JAMES ANTHONY & DAWN MA 1317900 BOTSORD BUILDERS INC 1268496 FIELDING, VERA & DAVID R/S 1289825 LLOYD'S POINT LLC 1374237 MADDOX CHARLES 1368962 SATATIS BRUCE A BOHLEN BARBARA 1378364 KGKEYS LLC 1267333 BARROWS ANTHONY & CHRISTINE M 1290203 BRISSON JOSEPH CHRISTIAN 1266469 KWEST LLC 1383881 CONNELLY STEPHEN SCOTT 1283975 RYAN THOMAS D & CARRIE S 1284777 FORSYTH ALEXANDER J JR 1211621 BOOZER JAMES H 1142786 KRAUSE INGEBORG M AND GEROLD W 1267261 R K & S CONSTRUCTION 1142808 RICH SUSAN 1266566 CBRIS LLC 1212091 WRIGHT NICOLAS WARREN 1384950 SZABO PETER & EDITH 1270776 SINGER DANIEL P 1275042 WRIGHT MILES 8660863 WARRICK WILLIAM LEO RETAINED 1265390 SALINAS GABRIEL AND KATIE 1270831 CEJA PRISCILLA 1357766 COFFER STEPHANIE 1210021 WOLFE ELIZABETH R 1208744 BIALEK CAROL 1267465 VONRINTELN JAMES J. & BONNIE [rest of page intentionally left blank] Cudjoe Outer Islands Final Outer Supplemental Assessment Resolution Page 22 of 25 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 tlu-ee 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 stun system development fee and the prepaid amowit 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 Outer Islands Final Outer Supplemental Assessment Resolution Page 23 of 25 APPENDIX E First class notice form Cudjoe Outer Islands Final Outer Supplemental Assessment Resolution Page 24 of 25 Monroe Countv Engineering Division — Gato Office , 1100 Simonton Street, Suite 2-218 Key West, FL 33040 i (305) 292-4525 PSINFAND EY FL 33042 550 Board of County Commis loners 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. COS-001 Notice Date: May 29, 2013 Re: Notice of Wastewater Mon -Ad Valorem Assessments (Outer 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 Matewater0monroecounty, j),•g_ov or at (305) 292-4525 to obtain a Wastewater Appeal form. The IEDU 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 $4,500.00. 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, 9 you decide to prepay. If 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 2.4% interest rate which makes the 2013 annual Installment $310.29 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 malted 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 $310.29 per EDU. The estimated maximum Annual Wastewater Assessment for the above parcel Is: $310.29 You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for June 19, 2013 at 3.00 pm. 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 httol/ti-monromounty c ftlu> coMlaaendacente 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 coats 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 pm. Q,djoe Ater Island ""T ""HIS IS NOT A BILL — DO NOT PAY""— Final Outer S.ipplemental Assessment %solution Page 25 of 25 BACK UP DOCUMENTS 1.) Resolution No. 155-2013 2.) Resolution No. 198-2012 3.) Resolution No. 174-2012 4.) Resolution No. 125-2013 MONROE COUNTY, FLORIDA CUDJOE REGIONAL OUTER ISLANDS WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM INITIAL ASSESSMENT RESOLUTION (INCLUDING CUDJOE OUTER ISLANDS EXPANDED PARCELS, CUDJOE OUTER ISLANDS NEWLY DEVELOPED PARCELS) MAY 15, 2013 SECTION 1.01. SECTION 1.02. SECTION 1.03. TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION DEFINITIONS................................................................................... 3 INTERPRETATION.......................................................................... 5 GENERAL FINDINGS...................................................................... 5 ARTICLE R WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED ...................... 5 SECTION 2.02. IMPOSITION OF ASSESSMENTS .................................................. 5 SECTION 2.03. PREPAYMENT AMOUNTS............................................................. 5 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 ...................... 6 ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL .................................. 6 SECTION 3.02. PUBLIC HEARING........................................................................... 6 SECTION 3.03. NOTICE BY PUBLICATION..................................................6........ 7 SECTION 3.04. NOTICE BY MAILING..................................................................... 7 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION........................................................... 7 SECTION 4.02. SEVERABILITY................................................................................ 7 SECTION 4.03. EFFECTIVE DATE........................................................................... 7 TABLE OF APPENDICES APPENDIX A DESCRIPTION OF THE CUDJOE REGIONAL OUTER ISLANDS EXPANDED AREA AND NEWLY DEVELOPED PARCELS APPENDIX B FORM OF PUBLIC HEARING NOTICE TO BE PUBLISHED APPENDIX C FORM OF MAILED NOTICE REMAINDER OF PAGE LEFT BLANK li RESOLUTION NO. 1.55 - 2013 A RESOLUTION OF "rHE 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 OUTER 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. 3 "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 Outer island assessment area that were not targeted to be improved at the time of the prior assessment rolled due to exclusion from the Monroe County master Wastewater Plan but which have been incorporated into the Cudjoe Regional Outer 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 Outer Island 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 Outer islands Service Area. "Non -Ad Valorem Assessment RoW' means a non -ad valorem assessment roll, as defined in Section 197.3632(l)(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. "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. 4 "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 sender, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Article VIII, 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 shall be imposed on the Cudjoe Outer Islands expansion area as adopted on January 16, 2013 by the Board of County Commissioners, (Appendix A) and properties listed in the Cudjoe OUTER 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 SECTION 2.02. IMPOSITION 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 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. 5 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. 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, June 19, 2013, at the County Commission Chambers in the Marathon Government Center; 2798 Overseas Highway; Marathon, to consider (A) imposition of the Wastewater Assessments, and (B) collection of the Wastewater Assessments pursuant to the Uniform Assessment Collection Act. 6 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 Roll shall be certified to the Tax Collector pursuant to the Uniform Assessment Collection Act. SECTION 4.02. SEVERABILTTY. 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 15`h day of May, 2013. Mayor George Neugent Yes Mayor Pro Tem Heather Carruthers Yes Commissioner Danny Kolhage 'Yes ' w Commissioner David Rice yes Commissioner Sylvia Murphy yes iV .iJ Ln :m (SEAL) r- cn Attest ,y Heavilin, CLERK By:� 2✓' Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: �04'wfts Mayor/Chairperson APPENDIX A DESCRIPTION OF THE CUDJOE OUTER ISLANDS EXPANSION AREA AS ADOPTED ON JANUARY 16, 2013 BY THE BOARD OF COUNTY COMMISSIONERS, AND PROPERTIES LISTED IN THE CUDJOE OUTER 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 20,12: REMAINDER OF PAGE LEFT BLANK APPENDIX A Outer Islands Exvanded Areas ALT I OWNER 1130451 'DAMES M & MARY ELLEN MALLOY 8497954 MARTINA P CHAVKA 1130478 THOMAS & JOAN LOCKYEAR 1130494 BARRY & RENEE TRAVIS 1130516 IBRIAN AMBUEHL 8570988 JDAVID BUONANNO 8570686 BETTEJ TOMLINSON 1130575 JAMES P BROCK II 8570759 MICHAELJ AND DIANE M COLASURDO 1130940 MICHAEL & ROSE HUSSEY 1131067 REPH V LLC 1131075 KEVIN & KATRINA MADOK 1131105 MARK & MICHELLE WEINBERG 1131M YALE MORTGAGE CORP 1131148 1 BPK VACATION RENTALS LLCV 1131229 1OWI3 REO LLC C/O ONEWEST BANK FSB 1131245 JKATHRYN AMANDA BRENNAN YATES 1131644 BRUCE SON NENFELD 1131806 CARL AND TERRY REID 1131822 JOYCE REVELU 1131911 STANI EY E LEISNER 1131920 BEN R GALT 1132004 JUANITA KRETSCHMAR 1132021 ANITA HOLROYD 1132055 MICHAELN LAUDICINA 1132071 LEONORA STULLKEN 1132136 MARYLOU WEBSTER 1132292 HOLDS W WOODJR 1132306 VALERIEADAMS 1132314 KAYCE LVOWELS HOMMINGA 1132331 CHRISTOPHER A ARSENAULT 1132349 STEVEN & CHRISTINE GODLEWSKI 1132365 ROBERTA MCELROY 1132373 IJAMES P BREWSTER j 1132462 JBIG PINE KEY LODGE NO 1585 LYL ORD OF 1132594 CATER CATHY A 1132608 JAMES E CURRIER TRUST U/A 04/29/09 1132675 GREGORY &JANET GATO 1132802 BD OF TR'S OF THE INT IMP TR FUND OF 1132829 MARIE FASANO 1132837 ERIC SWENSON 1132845 MONROE COUNTY PUBLIC SERVICE BUII ALT OWNER 1132853 HENRY MARKEY 1132861 HENRY MARKEY 1132985 SUSUAN LIGHTBODY 1133132 AUGUST POWERS 1133191 CATHERINE LOUGHRAN 1133329 1ERRY AND LYNNE PETTY 1133442 DAWN RUNGE 1133604 VICTOR HERNANDEZJR 113382-5 EDWARD L ROBERGE TRUST 12/16/2008 1136212 ROBERT MORROW 1136671 TRACEY STEFFENS 11,36891 KEVIN DAUGHERTY 1141178 ICAPE PINE TRUST 11411R6 lMnNR0FCOLJNTYr0MPRPHFNSIVF PLAN 1141194 EVELYN CASPER 1141216 CARMINE AND USA MANDARANO 1141224 MARK AND JENNIFER NOAH 1141232 GARYJ AND BETTEANN BAGINSKI 1141241 1 KALMAN D BLUMBERG 1141259 RONALD S D'AMORE 1141267 JOHN RICE 1141321 ROBERT AND FRANCES EICHIN 1141330 RONALD B AND UNDA M FAUER 1141348 MONROE COUNTY COMPREHENSIVE PLAN 11413S6 IMONROE COUNTY COMPREHENSIVE PLAN 1141364 MICHAELJ AND JUDITH E MALINOWSKI 1141372 HERBERTJ KOOPS 1141381 MARK AND JENNIFER NOAH 1141399 MICHAEL BAUMANN 1141402 lGWROCKErrSR 1141411 MONROE COUNTY COMPREHENSIVE PLAN 1141429 MARYJANE MARQUIS 1141437 OREGON ROAD VINEYARDS LLC C/O GARD 1141445 MONROE COUNTY COMPREHENSIVE PLAN 1141453 LUCETTE M FILIPOWICZ 1141461 MONROE COUNTY COMPREHENSIVE PLAN 8697406 MOORE CAMILY REV UV TR DTD 10/16f 92 8782144 MARYJANE MARQUIS 1141488 MONROE COUNTY COMPREHENSIVE PLAN 1141496 MONROE COUNTY COMPREHENSIVE PLAN 1141500 MONROE COUNTY COMPREHENSIVE PLAN 1141518 MONROE COUNTY COMPREHENSIVE PLAN 9 APPENDIX A outer Jsianas ALT i OWNER 1141526 MONROE COUNTY COMPREHENSIVE P 1141534 ERIC W BEERY TRUST AGR 12/21/2007 1141542 ERIC W BEERY TRUST AGR 12/21/2007 1141551 JUUA AN FON DRI EST TRUST 12/30/0! 1141569 BARRY L ROBERTS 1141577 HARRY APPEL 1141585 MONROE COUNTY COMPREHENSIVE,P 1141593 MONROE COUNTY COMPREHENSIVE P 1141607 PHILLIPS J CARROLL ESTATE 1141615 WI WAM AND MARITZA F CHOLAKIS 114162-3 SUZANE CATES 1141631 MICHAEL C LYONS 1141640 DE BEACH LLC 8618581 REHENSIVE PLAN LAND AUTHORITY 8568398 DE BEACH LLC 1141658 FRANCESSCA L BRETTSCHNEIDER 1151106 GOOD LLOYD A JR ESTATE 8666055 CAREN CLARA WARD 8693931 CAREN C WARD 8803869 1 GOOD LLOYD A I 11 9063187 ICATHERINE DUNCAN 1276219 WERNER REITER 8995878 KAPU INVESTMENTS LLC 1276243 WERNER REITER 1276251 PROPERTY TRT DTD SEPTEMBER 2005 1276260 PROPERTY TRT DTD SEPTEMBER 2005 1276278 IJAMES E HOOD 1276286 HOWARD & BARBARA SHANEBROOK 1276294 LUX REVOCABLE TRUST 8/8/2011 1276308 DREHENSIVE PLAN LANDAUTHORITY 1276316 REHENSIVE PLAN LAND AUTHORITY 1276324 IRENE AND SHEILA K CRUZ 1276341 kOND BEACH LIMITED PARTNERSHIP 1276259 ALVATORE A AND HELEN C LENTINE 1276367 JALVATORE A AND HELEN C LENTINE 1276375 1 JOSEPH REV TRUST DATED 10/10/02 1390283 RZELKA PARTNERS TRUST 6/21/2011 1390291 ITAYLOR DON REV TRUST 05/09/03 1390305 MICHAEL L& MARILYN B STEFANI 1390313 JO ANNE SWOPE 1390321 LONG BEACH LLC Areas ALT OWNER 1390348 KEITH AND MARY BURKMAN 1390445 GEORGIA/CAROUNA I AND D LLC 1390453 MURIEL & FRED RAPP 1390461 SIMEON LOCKE TRUSTEE 1390470 PARKER REV LIV TR AGR 3/12/04 1390488 GRAVES REV UV TR 09/17/04 1390496 GRAVES REV UV TR 09/17/04 1390500 MARY E AUMANN TRUST6/18/2008 1390518 CYNTHIA ARD 1390356 MERRITT RYDER C/O WAYNE RYDER 1390364 BRENDA B GEORGE UV TR 9/13/2000 1390372 AMERICAN SALES AND RENTALS INC C/O; 1390381 RICHARD AND LISA BENNETT 1390399 MONROE COUNTY COMPREHENSIVE PLAN 1390402 MONROE COUNTY COMPREHENSIVE PLAN 1390411 DOUGLAS AND GERALDINE MADER 1390429 JACQUES MULDER 1390437 TERRY FRASIK 1390526 HOME FEDERAL BANK OF HOLLYWOOD 1390534 HOME FEDERAL BANK OF HOLLYWOOD 1390542 MAREK AND PAVLA HRUBAN 1390551 KEITH MUNT 1390569 KEITH MUNT [[o] FORM OF NOTICE FOR PUBLIC HEARING TO CONSIDER ADOPTION OF FINAL ASSESSMENT RESOLUTION REMAINDER OF PAGE LEFT BLANK FORM OF NOTICE FOR PUBLIC HEARING TO CONSIDER ADOPTION OF FINAL ASSESSMENT RESOLUTION NOTICE OF 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 of Monroe County, Florida intends to conduct public hearings to consider approval of the following County final assessment resolution CUDJOE REGIONAL OUTER 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 OUTER ISLANDS SERVICE AREA; APPROVING THE SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. The figures below depict the limits of the Cudjoe Regional Wastewater Treatment System Outer 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) Outer 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 JULY 18 2012. 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 January 16, 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 Outer islands Service Area A more specific description of the Cudjoe Regional Outer 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://tl-monroccounty.civiculus.com/agendacenter following publication of the June 19, 2013 BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe Regional Outer 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. 13 ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (S) 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. AMY HEAV ILIN, Clerk of the Circuit Court and ex otficio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication as display ad with border on the followine dates: KW Citizen (Su) Keynoter (Wed) Reporter (Fr) 14 APPENDIX C FORM OF NOTICE TO BE MAILED REMAINDER OF PAGE LEFT BLANK 15 Monroe County Board of County Commissioners Engineering Division — Gato Office t 100 Simonton Street, Suite 2-216 Mayor George Neugent, Dist. 2 Key West, FL 33040 Mayor Pro Tern Heather Carruthers Dist. 3 (305) 292 4525 ip Danny L. Kolhage, Dist, 1 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 OwnerNamel - Aft OwnerName2- Sequence Number: MW--SegNum- ,OwnerAddi,- Notice Date: May 29. 2013 -OwnerAdd2- Crtyb State- «Zip» «COUNTRYo Re: Notice of Wastewater Non -Ad Valorem Assessments (Outer 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» roes , linty-fi gov 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 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/* interest rate which makes the 2013 annual installment $31029. 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 tide. The maximum Annual Wastewater Assessment is proposed at $310.29 per EDU. The estimated maximum Annual Wastewater Assessment for the above parcel is: <31029xEDU> 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 httn:/!fl-monroecountv civicolus cointagendacenter 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. IS IS NOT A BILL — DO NOT PAY*"*** 16 Proof of Publications: Public Hearing Initial Assessment Resolution May 15, 2013 A" Una Cooke Communications, LLC FiorWa 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 matter of PO Box 1800 Key West F133041 Office .... 305-2924M Extension... X219 Fax.......305-295-8025 IeQai;fteYsn_wAmcom INTERNET PUBLISHING keywestwm keysnews.wm Roridakeye.com key-westcom Web Design Semmes NEWSPAPERS The Citizen Southernmost Fyer Soiares Hill FlorWa Keys Free Press MARKETING SERVICES Commercial Priming Citizen locals Card Duva Mail FLORIDA KEYS OFFICES Printing / Hain Faeliity 3420 Northside Drive PO Box 1800 Key West, FL 33040-1800 Tel 305-292-M7 Fax 305-29&0768 c:tizen(wkevwest.rom Internet Division 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywest.com Upper Keys Office 91731 Overseas Hwy Tavernier, FL 33070 Tel 305-853.7277 Fax 305-853-0556 fteeprese@Oondakeys.com STATE OF FLORIDA COUNTY OF MONROE }clz C'� -Ti.')"- 0,U �' A a 0 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 1 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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Fktesirl FL0AIAA I E T S _ r Published Twice Weekly Marathon, Monroe County, Florida 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 thei attached copy of advertisement was. published in said newspaper In the Issues of: (date(s) of publication) Afflant 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 neretofore been continuously published In said Monroe County, Florida, twice each Meek (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 afflant 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 Jhr__ELgE1d4_K if C4fIIRIEai1C�� Q�;t 5t�t�t•a_�ute eynotgr s in full Adve>�l�m€o3� Sworn to s ribed before me this�-E1 oi� r G - 2013 (SEAL) �;� llEv#$.x 7RAE8EA ] w oiws51at + tm�r0 trM%Es Am it.M1a }°��'v eR..dM:�+r+yirwMMrttdr+*iMnr NOTICE OF IN-E"tiTIM TO CON*SMER !NOrICL" 1lILRFl1Y GI6 tY T01AIlrYMI m 4U1r [`t)NCPItrN thaf tm'Mlsy IS, YIfJ M 113A ph ay rx a waw tlreeafhr a+ eat he Marl. ■s the ><T1Mrrar L Vei�su tivumemwt CmtM 102 SDt htru" Hippwry, I{ry Lary Mmo Cnedt%. 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WA.-M-4ATtR AS'1LSPINEI M ET1ASMqWMG_ 'rAAtaR:twr.�rlDttl�rvl=•rRe�l.�xtr.�,�.w�.st>�AaYat�rtroilt EACH PAJRML OF PROFEmrr is RV ASSVMEDI DlMc'lMU "AftRATION OF Hilt P471AL SVPtlFVFVrAf NO?'"* VALOREM ASSEiW1il a RM-L FOR FOO 4tR1IF-1 A00FD TO THE S81 Wr ARZA IN JAlNUARY Zeta OR Daynorro gT[! m THY rRM)R A55r1'S ffM *am FOR TSF Cuum RRC"AL [iiAtlA tq A14r>!!f SERVtc'F AREA; Z9WL1siff%G A txtwU ,1 Rt.A11ING 11" COirf81 EN 1,4r L5t Xr* OF 71M PROPUSIED WANFEWWATER TH[ MUWWON tam !NoTtC't IVY t QNNFL 1104 URREIMrrH A O PROVID- , L'NCA� rJ)'!t`TT4i DAir I � A RL9Ott71C;4 tIPT'R>t Bouxll c�rc t>M m ctx�ct3sr,�asNtsys COt'M7'1G t l<+1R113!t, REI Alt G TO T RE FROtTUOS Of WAJ WMATM FCR+,` VIM TO MtOMIJIa rS. I' %WR"1,+rG THt SYSrt%f DivFl,if t.41MMT FM, COL1LCrM CO1y AiN11 resit OT1iM RER.MN AND CO'.NDTMM Of?TV $0M-AD VAt QR2M ANKtiA,L MVA5[tMVA°i'0 A&Nn4 Wt1[ M.ET[ABLM8M .'. mv-j.i1aNTAjvb,mRI+1rYlturANm ALwA.4mwArmAsstsO4vd>Tml. PAC" MRIC )LOP PROPkM71D RR A19tS gV, DMICTING PREYARA nOR OF THE IfNr I&L S1?rellGl&P4JrW1*0"D VAlM"M OFF RM-L # FOR PRd tRT= AIMED W AER'M'WX ARI+.A LM dASNUA1lY Iii13 OR DEVELOM MCR Tits PXA{1I1.115S1•-SMTWr ROLL FOE "Mr erbioR' . Rrr> GAL Otrr&R L%1.ATID*S9 V" AREA% tSTABLMEIT4G A PL'RU(C WtAMG -M COMRWR FM*Oft *0 OF THE PRt1POSM WA81LWA1VR A,w_vL%wrm AND Tar 'Hcvgo1A- cw rmm C'oLLtcnOFN: Ti MC[`CW TM P!![1LIMON OF ,%X1_FV"V. tri 0f1YMliL"I 0P(TuKuwn1f', AMU PIIOWII . MAN Irt'£C17VF DAFY Air tlPT11R. Rt►A11iA al�CUC"i'rk' C'OVtAO.�11OiN�9 OPMGPl1AtIR• a Cat A, NnAAimu -R)'! W, mnvl3 Y3 N OF WASMWA'IMBRIG VKz TQ rR0r1Y..it71M- DIi.Ri[xtWti 1111gy 5TUM to) P6� iOtLiC3Crt0l1 I'S A1NU TH6 O'1 T1Lft 7' +�V13 A1�tt caNDmOias arTl>�}, Nc1flR.AD VALORIrJMI ANrIUrtT_w,441itWAi€1I Asrft�r't�; F4r� . ilitf,,4i1SO1WAN1A'lMMOPTttLANNUALWAK EWATLRA R14RfPUO FrtiC'H P,1RCtt.OK rRDT1tRT1' 7[1118 A:"i9B�tdl; Dit[ltCTttNG PR�Af WiFDt+l OF 7I1C LvniiAL sv"LElk73° u4L NON -AD. VALOREM ASSM94M YOM PM VV?M'N,& OUT PA1 CUA IVI AV1IFC.H ASSES" NMXr XOTt4E9 WZn zrlkltitY DI i1iiAT#11I+tlR 1ti1H� 4'[.ATl1rl('aMTtDl4L3!N�liRDcTQADiYitM %OtFIrAiYAIF= OP A5StMM-4T. ECIA8I.1SUNG A PtWJC HI&A1WgG TO Ct7tCNORR 00"51171I0'+ #fF TH& MOM" WASTTWATOL Aim THE M101TMM Or Tom i'ftti+CT aN-. UDMcTr4G Test PROVMO N i (W WO17CIt N C'ON%-FCTTIY_"N TIiF,B>' W11Hr. A" PRf7ViftNG A-4 (.'FIVE DATL I the ca+rrat caviar tyoprdvy I'd eaci: errtcs bs a1 dtfarxsed is rl+e i�t+aser Plm tapd>i I appeo.ad by die Bw d olicu>myt Lnamai►slanrn on 1Nomsy 21. 23)04 trod utdatrd oe Ady [I xui2 bl lrerr6dlerrAr6.•tI"j��'erI {+�udax Reg>utxai [;uxugssirtd Lv,cr i Sct'vi�Areki ea Xewh m ms, jowhill jew w C.cakt b=d Oum hir¢rla-Ser—Ar-t #iretefi+e mouser 4mknh ag ara w be mailt! to a+vKr on fie vath ft pi aperly ,zpprabn ieltowiv-4 Go, *dwplltn orthis rnrluskw. A9 idikoed peepan &ohm have a Ngbt to arras r and proved' I" U tree -Start%$ Aed rr_zr flier i wrlrtea obi daft w!ffi dm CamayAftmimahrr wy rime Mqx in the p0k r xdvq T1le iaelgd+sA Pied u+e ba ti iewe0 ass the 14w7f1w r°o"My WCbSO4 d hlfprJlwsrwe+ruty`II."Uocsrnrat(.'eaTtri_ a • I ADA A=TA' NCH., dt foa are r� wrwx wftA a sffaaNdr*At rea k 4Mfd &0=v0"At61 hi wrarJsp. Wdpdzr In "prh"vv% *T.. ploAm tonowdWCb&ftf AwMjvrrer to�Faw p oft (30 2!P244 1, btm+k& hoe kawv of &,)# aaa-"OP,a t, ne Ww o%* fi r rahwlrM &on pier tt A4"Afd+dri meatoif, V/ywa art Anr ft or "ice n.P0rs4 my *7rr t%W jj rty AVV"k Flmds thf a Ird dby of YAay; :911 AMY NTi�lt"ELt1o, t tuf of tlnr[ 6 earr " "� . , i ,�` ead rrt M%cni t,7rri srf � $ae+d �fC"aenry �dA r ! P !-gtaVn.t>tvsiaerr of FAca+ror• i'Atm3K lrinrkia .�' c�.r,sns r: •.be 7tcYll:i? THE REPoRTE P.G. Box I 197, Tavernier F133070 92655 Overseas HWY, Tavernier F133070 Phone 305- 852-3216, Fax 305- 352-0199 STATE OF FLORIDA COUNTY OF MONROE Before the uadcniged avthurky pm maa dpp,,, WAYNE MARKHAM who on oalk says that he P"LiSHER of the THE REMRT'ER, a 4verk newspaper published is Taver ier, in Mann Co". Floi idw that the atached Copy adve"isemew was publiattcd in said newspaper in d issues Of: (dare() of ubUcaciar) AH',ant further says that the said T'HE REPORTER a newspa— Published at Tavernier, in said Mann County, Florida, and that the said newspaper ha heretofore been cotttinuou4ly published in sai NIdtu•oc County, Florida, each week (on Friday) an has been catered as a second class mail matter at rh Post office in Tavernier, in MOnme County, Florida for a period of one year next preceding the 6ts publicatioa of the attached ,ropy of adv=tLkmem The atTl= further says that he has neither paid no premised -y person. firm, or corporation ani discount, share, commission or refuad far the Purpose of stcuring this advertisement to, publication in the said newspapet(s) and that The THE REPORTER is in full complumgc with Chaplet 50 of the Florida State Statutes on Legal and DtTicial Advertiisscmcnts, W3vng %} Sworn to and subsrnbed before me (SEAL Day of__IV &� — 2013 d€�FSif.YiRA'cis$1 fJT rbwu f f tpwks' S. Z014 3Sat4fdihUWMPubmU+dswum _ I 1 1 ! 4 0 6 It vanicEmommayam TQ WROK IT MAY CONCERN tW am Mwy M Im at I Lie g m.; cr srt aom 0ailafte r as am. br Lts'arj� rt tto StuTzy g`Nebw Gavoemnete Caner,t0'L"O—w—LLfPlWSNLCeyLarye,•RLattrnc£° fWrtda,dKoom atC"21y t'r--L—Z; of Marta V—dq, Kw*Ji& mLTA to go"4 fr blw bma C a to wmidrs ap:wwW of Ow loyr t4) V"rrRee*14, uru_ A (i£SiiL[Fno N OFIVE 1@[ MW WCMM CQMMBW M GF.'HONtOt COUMY, FLORM14 Rea AW4( 76T= PROVINON 08 WAts'MWATM SM vii:E TA FooraRm, ammora Tim. SPYST N L)SVEWPMENT FM COLLELTM COSTS .ARIA 'ERlIfS )"ND COl"1[fIL`JCONS OF TUE 14U*LAFF'VALORIX eANNUAF WA$IIRWXl'Bit AS5&SRWVM: )isY['A> LISU NG 'rKtAMQUWAMTMMOVWA&NUALWARTMTEKAOFMMEn FOR xl EAf.� P-AFL 4i4 P;l�k'k7C1'Y'C�. �L A�-�4>A,ry; �i kR$Fn►RATI[3I�1 is OF M VVTLAf, X0P11Lacafrar.2 ON -AR VALOOPCMIMM INr ROLL y iOR R "Flumm pgy" F.A s'Tll L M Pt ROLL FOR LiL4RING TO CON•SM" rAPFlt>PjinON OF TEI& ?RW%= WASTFWATER rf ASSE.+l]i4LF,f175 A" '#iLR M. FrW p OF "IWM OKLZCTWN, 0IRXC'L21YG T= PROVLSFON OF'iO nCE LTV CONIWCL7 N TKUWWrM A" FLIOVW- 1NlGA;+I &PFLtCTiV>d iIA'JT. A li>i13SOWTION OF THE SUAIMQPCOUNTY iMMUSS O''fRUOF 35[7N"L CU4't M FI ORM4. RLIJnNC TOT= PRVVI.-.R''V M rvAaT%WAT% SO- Y.i" TO F'ROTERTIM nt°C"ING TLLE SYSTEM DEVu IMIE T FM COU4WTJQN COM AM TH9 OTLI R 02MSAAND CONDITIONS OF TM w NON -AD VAL.ORINI AM-VAL"WA1 TEWATFRAISIVSWENTS; Ur"L.LMING TWAMOG'AIY&NU"LE.Rb[0FTFWANWV" VAbUWAMRAWMMNTFOR s EACH PARML OF PRJ]W.M TO B9 AW 4"14 DMZC7M PIIE?ARATION OF-= WITAL S,rUPALrMV'Ta NDNALI VALOR M ,A"1 %MENT ROIX FC1it`no"iYm m 1J p im pm RBlimi Attu lig JAPOUARY 2011 OR t DEVY44YE8 UNiC Z = PilW AS$Xbffl=NT LL XZ PAR' TIM "'WOE ! RWJQN" LNNM LM ANN WR'VFM AWA; F.STABLJsIiM A PCX= l 4FAiti3ti 1Q TO Ci]Ni 10FI [ LMMO:►LTICr*l OF TLLE F1e MOSM *ASTEWATEJI ASSL%SMF NfT4 A*sA TLtE ME%fL[1iF OF T C'dl.[.BC'mm tILfIF,G"LL'4G THY PROVISION OF NOTICE k'+ CONi14Ls' nON THLLREWLTR; AND PRMID. A RLWL6;TIQ i OF I IE BCJALILI OF 0YI!I4''LY CO'y M561ONEMOF MONiROZ CX hTIy iMA W). L}M AI ING TO I= PWAM* OF WAWMATIeR SM VICE TO MOPE .,. OES RMNe. THE SYSTEM PEMAM7 Fm COLL,WnON C05F8 A.KD TLLJE COWR TERM AND pONDMMS OF TAE N(MAJI VALOREM ANWAL W&PXWATFiiL .NtTS4WALtUMBNC TJLF.A14fWP'(rA.N])TtJ M{1FTLiC+AN,MAL.WrAMWATMAWSMlLltiTM EACH PAIL OF PR4JP;WY TO BE ASSKSUDI ALRBC INGIUFARAi'M OF THE."fIMiA1,.5LTPLk7ILY A&! 114W"R VJ►WNM A&USUlENT ACID. €Olt MPStxM ADDZQ'1'0 T UWXX AREA IN JAWALJ'1G 2013 Olt A8'V[LOP w Smce THE TRL[144AwflagmT RML YDR THE CLSL40E HEGIIYYAL OG'iT.Ji ISLANDS SWOM 0MA; 8.&'[&RLMUNG A PLRL W tuA$Lltira'TO coNs� LMPL15'anom OF Tiw L•ROPCism wmT8WATita AIa3ES L 9 A TM METLLWI OF "'nWR; C OL.L.ErnON; AZCMG THE FROVL5104 OF NOTICE IN C'OuYNYXIMN' T'JIF.RRR njj' /'," P OVID. • NGAN"EM..CIIVE DATE. A,4QX;.iiM'v OF THE 904RD OFCfli NTY d'iiCiit35[ RS OF MONRQE C'CILJIy' Y, FLURU^MATING TO TM MVLSLCTN OF WAbT M ATBR SEW VICR TO DEG TOR"SY"M DE'VUOMlMM4T FE& COL.LECTMIS COJi1LR AN@ l'JLI MWA TEPtif6 AMP COMPKIM OP 'L'W Y40WAD VAL.ORM ANNUAL WASUWAM A&WMML! M jMK4=WG i Li>eA4rPLzh''rrALtf1FT0N OFT" TFW! $AC U.PAlWJEL.OFFWPJCHL7!- M PWAR&UM OF TOR LNG79AL, SM NON -AV VAL4MXA Wff ROLL . MR VEKFUU MIT PARCUA FOR WM" yA Pr'N0rr-Wi VIXW KAM= IN 2012 AND Lft WKWW "AAWWATKIIN L6 M=OTO AIILIft M t W&MMiEN'L OP'k5S & A �G.TO 4•X?.'� m. IMPOBiiMM of TELE PRc>g' 'WAS IMw AND ELM MJsT[1OD Of THEOL COUP nGW; DWJCMG TIM PRO-V I-NiON OF NOnCFC IN CONNF.C'TION 78ERRITfIILA14D PROV1L1M AN f;PFEf.'TNI DATF. The Central WrUM tc=dury for cwh sa vcv area is as d Uac;9W m rise Master Ptao Updrm vprwtvd ky the Boni of(`m,mAy Commimpun W itnurry 28, 2004 ad updetgd to July M xala lry±lrscfr+rk+A Yn iAT ?4t2 (t oa Rel¢tuaai f Funnfi cdJ or tsiruds Senv4Arra) and RaraprtlgslVTu t f 2(V44§pc I +kC�CksR:7aSrt t3CrrieaArrA? Fuuctw nouaes dcicribw Im sgpt ai [ ascWavrmrt pl wams arts to ba MRW to our= UMMIM on Ric V'dh the psPT" apprutullannr.g ih& aa `yrmm of tbtq mWatl Ali alFcc W p raq owwra haw a 094 to i�Ar w0provuk dW at ibw bow$ and nw lit wzinw obA, tIUMI VA tits AdkM4U'laeauytunc pntprto the V b4N. M-Wx , " IU Faasli} qt Flgn can be! +lea cd uA tie ma" CcLmry wd+aue At hlt{+:itb�rw.mgaxvtenmltS`Q-�'tpoec�eniCesraerf .4DA AUUrAA+e'L': fly" am a poam W& a &wbd1W mte auras *acW — at wArr mpwWoparr Ga rAJ3proeyambw PAW" eatmermv COUR& later 000w 3 0fflke, Jry pkwm (]8t .1924 I1.. bop mw rhR.4"" 0l`31:10 A'M - S.tvP-c, at low avp flat M �pkalin60-spdwgp� -ko Aw wovw. 4r)mver;A0*msorrrCc4 iGyaak4cW`711 Dasrd as Key liietr, FF�"rkEv 3rd ally vfMgy. 2Q13 AMY iHiiAVIWN, Cleric of SAc t wwt C'a;at mod cmod1quQ;&ofthr B=4 ofDow C:atarouaiocM of mfaarpp C'eurly, Florida PrdkOKd 1tw Raverbe<as+0-+4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 2012 Division: Public Works/Engine Bulls 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 Outer 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 hold a properly noticed public hearing to adopt the FAR imposing the assessment rates and approval of the non -ad valorem assessment roll. The Outer Islands include Lower Sugarloaf and Ramrod north to Big Pine Key. PREVIOUS RELEVANT BOCC ACTION: At the June 20, 2012 BOCC meeting, approval was granted for Monroe County to adopt the centralized Cudjoe Regional Outer 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 Interlocal .Agreement was approved authorizing the levy of a System Development Fee (SDP) of up to $5,700 per Equivalent Dwelling Unit. (EDP. Resolution 440b-201 I was. adopted on December 14, 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: $18,000 BUDGETED: Yes X No COST TO COUNTY: SOURCE OF FUNDS: MSTU REVENUE PRODUCING: Yes X N _ AMOUNT PER MONTH Year r $2.1SM APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE­COUNTY 1DANNY L. KOLHAGE of Dven 2898718 8k# 2588 Pgq 683 ! D RESOLUTION NO. 198 -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. 174-2012 (the "Initial, Assessment Resolution") relating to the provision of wastewater service to properties in the Cudjoe Regional Centralized Outer 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; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIISSIONERS 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 Properly 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. (B) As so modified, the Initial Assessment Resolution is hereby -ratified and-confirme - - 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 2013. 2 Doc# 1898718 Bkq 2588 P9N 684 SECTION 9. APPEAL PROCEDURE. (A) EDUs were allocated for Real Estate Parcels requiring wastewater service within the centralized Cud}oe 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 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, m�ES o the owner of eaty ch h1nistrator is Real Estate Parcel eby directed to provide notice by first c all future Annual described in the Assessment Roll of the opportunity to prepay 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'b day of July, 2012. Mayor David Rice Mayor Pro Tern Kim Wigington Commissioner George Neugent Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) Attest: DANNY L. KOLHAGE, Clerk By: Deputy Clerk €?oc# 1898718 Bk# 2588 Pg# 686 Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . L _ A% �0ft By: MayorfChai q/j2-- Doe# 1898718 Bk# 2588 Pg# 687 Appendix A Proof of Publication (to be inserted upon receipt from the newspapers) A-1 '� ®6 K8Y wEsr STATE OF FLORIDA - � I" RDA" vex COUNTY OF MONROE Cooke Communications, LLG Florida Keys EEO Box 1800 Before the undersigned authority personally appeared Randy G. Erickson, Key West F133041 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 1ecjals@k2ysnews.co.rn 1 1 1 , INTERNET PUBLISHING keywest.com keysnews.com floridakeys.com key-west.com Web Design Services NEWSPAPERS The Citizen Southernmost Flyer Solares. Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key Largo Free Press MARKETING SERVICES Commercial Printing Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing ! Main Facility 3420 Norlhside Drive Key West. FL 33040-1 t300 Tel 305 292-7777 Fax 305-294-0768 citizen est.com Internet. Division 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sates@keywest.com •ENq` Cu��tk� � S,( e- SS Al eAj h01 Uf l oA) - V L)4 -e-9 4:3 was published in said newspaper in the issue(s) of e- Z,7 4 Q) 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 1 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. Signature of giant Sworn and subscribed before me this day of II1 012 Upper Keys Office Overseas Hwy NotaryPublic: RY DAWN KAWZINSKY �r Taver, Tavernier, 70 � NOTARY PUBLIC 3- 27 Tel 305-853-7277 Fax 305-853-0556 freepress@fioridakeys.com _ STATE OF FLORIDA s Commit I_E157233 Expires 1/4/2016 Dawn Kawzinsky Expires: 1/•4/16 Notary Seal Personally Known x Produced Identification Type of Identification Produced T. WhSI STATE OF FLORIDA " E441Wa -.k.tZi1Tk—,."NROE �.�INA��AS��'��SSM�INT� CiES1,�L[1TiDN � . ., � �- '±eared Randy G. Erickson, �- �°_ ,. � � � ,ram wx.� r�, !{©iIC1rJS H ES :GI . iq ]N OM M Y CO CERH 1 at a Boarp of Caunomnus o roe Coe ty F o ail �nrill i old a c �n IY s; begi' ng ,5-ni n�rn ; {h Harve Governs F enaer�tzgn=rum ve i ek; _)perations of the Key West Keyufgst, F 33 n o on d p o a fh' o to gT my Resod t�Eon' r 4 ��z F i .1 'st, In Monroe County, LNG � r P ©i a s ATE! Joslc ANNU l nAT a �� : being a legal notice in the ,,,;,. ; �PPE�,, ! G „ �E NO_a ALORE ; �SSESS�uf"Er+!_i,��fiQLL .rPAQVIQ[ G;FO�i� 1;QLL�CTION OE�'THE �. 1!X tibli rr �o h er n FlfA sIfoc rovld` xcn e' i©1Ff acif assessment nra�oe o e ec I°eC�q aEzed uo gg os 1 § + e[1ce Areal _ (mcltlding La er u d I2m:n $ g sn ! Ure,lBelt�w dep6� pogra €e ea ah 10 he ssess e�i �frc.. is a newspaper published in that the said newspaper has ,onroe County, Florida every fitter at the post office in Key iod of 1 year next preceding rtisement; and affiant further rson, firm or corporation any e purpose of securing this er. Signature of giant of ��V_� , 2012 -%ARy4 DAWN KAWZINSKY n g, NOTARY PUBLIC c STATE OF FLORMA _' Comm# EE157233 sWE141% Expires 1/4/201$ C'tsS��dn rs ]it �eF',�ara r'�?:c4 : Notary Seal 2ot2 sne: LH� aaYziswestCa�z�n :=� * s'?atA`? i�i �Y rt. $> Personally Known x Produced Identification Type of Identification Produced I ID m Appendix B Affidavit of Mailing RE �.� AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared ELIZABETH A WOOD, SANDI MELGAREJO and CHARITY MOORE who after being duly sworn depose and say: 1. 1, 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 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. 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. KIN �D 4 Cif �'�� is ��� e of re Modern Mailers. As directed above, Modern Mail s, mailed or caused to be mailed on o, bbJune 27, 2012, the above referenced notices delivered to Modern Mailers by GSG.. FURTHER AFFIANTS SAYETH NAUGHT. Eliza (et A. Wood Afflant Sandi MelgareJo Affiant. 1AAel",�N1 N\&00Ye. Affiant STATE OF FLORIDA COUNTY OF MONROE The foregoing Affidavit of Mal ling was sworn to and subscribed before me this !r�day of July 2012 by Elizabeth Wo d, Senior Administrator, Sewer Projects for Monroe County, Florida. She is personally known to m- w who has produced as identification and did take an oath. DONNA J.H'ANSON uuir� '�'z Comm# DOOS91641 Expires 6125/2013 xp :. p `LFri .� �IUrfG. "r aryAssn.. inc 's ia[.Z►�L'ro'iea��.......... A.. {a.ra.... Fa.a.i{.r " 9. Printed Name: -?C NJZ A ' Notary Public, State of Florida At Large ] My Commission Expires Sl�l Commission No.; D D 0 F9 %b Z1✓_ STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of July 2012 b S di Melgarejo, Project Coordinator, Government Services Group, Inc..She is p pally known to me or who has produced as identification and did take an oath. ss'xh: T,4MMYPETERS *• ei Commission # DD 921344 i=xpiresAugust 31, 2013 N i ' 5-"W7ixurnyFq,k­�sMjP r I �'As% P-Ctu�w_ Pdti�s Printed Name:ISJylft Notary Public, State of Florida At Large My Commission Expires Commission No.: A')D 9A /3 STATE OF FLORIDA COUNTY OF LEON The foregoing , pidavit of Mailing was sworAond su scribed before me this day of July 1 by , sul !2n nt�i�1�C: "`_ for Modern Mailers. He," a is ers I knawn to me r who has produced as identification and did take an oath. if A s TAMMY PETERS •- EommisskM #.DD 921,W qs Expires Augus! 3 i 2013 ...8�n�ed7lwimyFi�Fi�eA043�T019 P.M, Printed Name: Gt.lir�)Id �e s Notary Public, State of Florida At Large My Commission Expires Commission No. 1?D Monroe Count Wastewater Dept. - 102050 Overseas Highway Suite 2-223 Key Largo, FL 33037 Board of Coun!y Commissioners Mayor David Rice, Dist. 4 list' ` �.a Mayor Pro Tem Kim Wigington, Dist. 1 y�F f George Neugent, Dist. 2 �,- Heather Carruthers, Dist. 3 Sylvia Murphy, Dist. 5 SUMMERLAND KEY FL 33042-4828 Sequence Number: MW-D1-1500 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 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. 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 €http:llwww.rhonroecounty-fl.clovlforms.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 �J 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 tag 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 2012. 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: $538.00 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 Tniman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at http://fl-monroecounty,civioplus.comlaciendacenter 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 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 Customer Service at 866-347-1897 between the hours of 9:00 a.m. and 4:00 p.m. Monroe County Wastewater Dept. Wast 0 Overseas Highway Suite 2-223 Key Largo, FL 33037 SUGARLOAF SHRS FL 33042-3711 Board of County Commissioners Mayor David Rice, Dist. 4 Mayor Pro Tem 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 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 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. 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 htto:f/wwrv.monroecounty-fl.goviforms.asox. 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 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 approximatelyS89.5 million. The County intends to include annual assessments an 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: $538.00 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 htt :11fl-monroecount .civic l us.com/aciendacenter 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 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 Customer Service at 866-3.47-1897 between the hours of 9:00 a.m. and 4:00 p.m. M. MONROE COUNTY, FLORIDA CUDJOE REGIONAL CENTRALIZED OUTER ISLANDS WASTEWATER ASSESSMENT PROGRAM INITIAL ASSESSMENT RESOLUTION (INCLUDING PARCELS WITHIN THE CENTRAL SERVICE BOUNDARIES FROM LOWER SUGARLOAF AND RAMROD NORTH TO BIG PINE KEY) June 20, 2012 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS................................................................................... 2 SECTION 1.02. INTERPRETATION.......................................................................... 5 SECTION 1.03. GENERAL FINDINGS...................................................................... 5 ARTICLE 11 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 HEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL .................................. 8 SECTION 3.02. PUBLIC HEARING........................................................................... 8 SECTION 3.03. NOTICE BY PUBLICATION........................................................... 9 SECTION 3.04. NOTICE BY MAILING..................................................................... 9 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION........................................................... 9 SECTION 4.02. SEVERABILITY.............................................................................. 10 SECTION 4.03. EFFECTIVE DATE......................................................................... 10 TABLE OF APPENDICES APPENDIX A DESCRIPTION OF THE CUDJOE REGIONAL CENTRALIZED OUTER ISLANDS SERVICE AREA APPENDIX B PUBLIC HEARING NOTICE TO BE PUBLISHED APPENDIX C FORM OF MAILED NOTICE ii RESOLUTION NO.174 .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 THEREWITH; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: I 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. e "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 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 service areas described in Appendix A which generate wastewater and therefore will be required to connect to the Cud,}oe Regional Wastewater Centralized Treatment System. "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 3 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. "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. "Utili..ty" 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 VIII, '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 5 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 shall be imposed on improved, privately owned Tax Parcels in the centralized Cudjoe Regional Service Area. SECTION 2.02. IMPOSITION 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 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 $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 2.06. 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 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 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 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 he 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 2e day of June, 2012. Mayor David Rice Mayor Pro Tern Kim Wigington Commissioner George Neugent `` Commissioner Heather Carruthers ' <Ussioner Sylvia Murphy (SEAL) r Attest: DANNY L. KOLHAGE By: Deputy Clerk Yes Yes xes _ Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: OVX� Mayor David ce c-) Cr- elj Cx.! C ': M= C.-= G � CV _J N AS T 10 APPENDIX A DESCRIPTION OF THE CUD]OE REGIONAL CENTRALIZER OUTER ISLANDS WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Lower Sugarloaf Sound, on the east by Upper Sugarloaf Sound, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 16.6 and 19), and; That portion of the unincorporated area bounded on the west by Niles Channel, on the east by Big Spanish Channel and Bahia Honda Channel, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 25.5 and 35) Monroe County, Florida. A-1 APPENDIX B FORM OF NOTICE FOR PUBLIC HEARING TO CONSIDER ADOPTION 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 heating on duly 18, 2012 beginning at 5:01 p.m. in the Harvey Government Center, 1200 Truman Avenue, Key West, FL 33040, to consider adoption of the: Cudjoe Regional Centralized Outer 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 Lower Sugarloaf and Ramrod north to Big Pine Key). Figure 1. below depicts the geographic area subject to the assessment. Cudjoe Re400rml Wastewater Central Boundaries yy� P< Cudjoe era Lower SuparloW a t Upper suparlog�-N 1* r' su"Wr e"BrI4 UOMW km, cudrea Canty syslern _ outer c udm Canty syedrn .1. W r ti ftPie* Ldi4 Torch a.. ,..e. M..... �... �...�.. CIS ,w n• DESCRIPTION OF SERVICE AREAS CUDJOE REGIONAL CENTRALIZED WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Lower Sugarloaf Sound, on the east by Upper Sugarloaf Sound, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 16.5 and 19) and that portion of the unincorporated area bounded on the west by Miles Channel, on the east by Big Spanish Channel and Bahia Honda Channel, on the north by Florida Bay, and on the south by Atlantic Ocean 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 Resolution which can be viewed on the Monroe County website at http://fl- monroecounty.civieplus.com/agendacenter 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 Street, 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 authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments 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 assessment 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 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. 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) 2924441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ". Dated at Key West, Florida this (insert day) day of (insert Month), 2012. DANIY L. KQLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication as display ad with border on the following dates: Reporter Keynoter KW Citizen M. APPENDIX C FORM OF MAILED NOTICE C-1 Monroe County Wastewater Dept. 102050 Overseas Highway Suite 2-223 Key Largo, FL 33037 « OwnerName 1 rr <(OwnerName2» o0w^nerAdd 1» «0wnerAdd2» <<City» <<State» «Zip>> <(COUNTRY>> Re: FORM of Notice of Wastewater Non -Ad Valorem Assessments Dear Property Owner: Board of County Commissioners Mayor David Rice, Dist. 4 Mayor Pro Tern Kim Wigington, Dist, 1 George Neugent, Dist. 2 Heather Carruthers, Dist. 3 Sylvia Murphy, Dist. 5 Sequence Number: MW-« SegNurm» Notice Date: June 21, 2012 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 dwelling unit has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based on water consumption. The EDU Allocation for commercial 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's Customer Service at (insert 4) to obtain a Wastewater Appeal form, or download it from www.fkaaxomlfomis.cfm or http://fkaa.conVforms_cfin. The EDU Allocation for the above parcel is: Parcel EDU: E<EDU>> The lump sumo System Development Fee for the above parcel is <MBinsert tale: 5700xEDU>. It is anticipated that the Prepayment will be due by July 31, 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 beginning on the 2013 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 are no prepayments) over the entire 20 year period is approximately $ . The County intends to include annual assessments 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 estimated Annual Wastewater Assessment for the above parcel is: <MBinsert max annual> C-2 You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for 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 for the hearing, to be published at htt :11tl-monroecount .civi Lus.com/agendacenter 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 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 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 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. Contact FKAA at (insert #) with questions regarding the connection process. 56j RESOLUTION NO. 125 - 2013 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 OUTER 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 Outer 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 developed in 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 Outer 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 Outer Island Service Area which initial or additional wastewater service is required; and Page 1 of 3 Cudjoe Outer Island Resolution 2013 WHEREAS, adjustments need to be made for inflation since there are financing costs for the project; and 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 Outer 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 2013 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 Outer Islands Service Area is December 2013. The CPI adjustment factor will be 1.0 until the December 2013 and subsequent year CPI-U's are published. The CPI-U adjustment factor is calculated as described below in 2.0. 1.11 Multi -family residences will be charged $4,500.00 for each dwelling unit times the CPI-U adjustment factor. The CPI-U adjustment factor is calculated as described below in section 2.0. Wastewater capacity fee = $4,500 x number of EDUs x CPI-U adjustment factor (see Section 2.0 below) 1.2 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 the 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) Page 2 of 3 Cudjoe Outer Island Resolution 2013 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 2013. 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 occupancy was issued but the System Development Fee was not collected pursuant to the Cudjoe Regional Outer 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 2013 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 17`h day of April, 2013. Mayor George Neugent Yes Mayor Pro Tem Heather Carruthers Yes Commissioner Danny Kolhage Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By; z-.r,.a. Mayor x N (Seal) ` C _ r- AMY AVILI ,CLERK = r a Deputy Clerk = .:. x n C . :. o MONROE ATTORNEY Page 3 of 3 APPR AS 0 RM: Cudjoe Outer Island Resolution 2013 B. WW.LINGER, JR. `�TTO CQ�V� DaW