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Item S5
BOARD 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 Venture Out Wastewater Supplemental Assessment Program. ITEM BACKGROUND: In accordance with section 197.3632, F.S. setting the uniform method for the levy, collection, and enforcement of non -ad valorem assessments, the local government shall hold a properly noticed public hearing to adopt the FAR imposing the assessment rates and approval of the non -ad valorem assessment roll. Venture Out is a condominium resort located within the Inner Islands PREVIOUS RELEVANT BOCC ACTION: May 15, 2013, BOCC approved the Cudjoe Regional Venture Out Wastewater Supplemental Initial Assessment Resolution 156-2013. January 16, 2013, BOCC approved addition of a limited number of expanded properties for the Inner Islands area. July 18`h, 2012, BOCC approved Final Assessment Resolution 197-2012 for the Cudjoe Regional Centralized Wastewater Treatment System. June 20, 2012, BOCC approved Initial Assessment Resolution 173-2012 for the Cudjoe Regional Centralized Wastewater Treatment System. On October 17, 2012, BOCC adopted Resolution 331-2012 to collect System Capacity Fees at the time of permit issuance from properties developed after adoption of the assessments in Resolutions 197-2012 CONTRACT/AGREEMENT CHANGES: Collecting assessments for parcels inadvertently excluded within the Venture Out Condominium Resort. 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 VENTURE OUT PARCELS FOR WHICH ASSESSMENT NOTICES WERE MAILED IN 2012 AND FOR WHICH CLARIFICATION IS NEEDED TO ADDRESS NON-PAYMENT OF ASSESSMENT; APPROVING THE SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 15, 2003 the Board of County Commissioners (the "Board") of Monroe County. Florida, enacted Ordinance No. 027-2003 (the "Ordinance"), to authorize the imposition of special assessments to fund the cost of wastewater treatment capacity; and WHEREAS, on June 20, 2012, the Board adopted Resolution No. 173-2012 (the "Initial Assessment Resolution") relating to the provision of wastewater service to properties in the Cudjoe Regional Centralized Inner Islands Service Area, describing System Development Fees (SDFs), collection costs and other terms and conditions of wastewater assessment for properties located within these areas; and directing preparation of the preliminary Non -Ad Valorem Assessment Roll and publication of the notice required by the Ordinance; and WHEREAS, on July 18, 2012 the Board adopted Resolution No. 197-2012 (the Final Assessment Resolution) relating to the provision of wastewater capacity, imposing annual wastewater assessments; approving the Non -Ad Valorem assessment roll; providing for collection of the wastewater assessments; and providing an effective date; and WHEREAS, on May 15, 2013, the Board adopted Resolution No. 156-2013. the Cudjoe Regional Venture Out Wastewater Assessment Supplemental Program Initial Assessment Resolution (the "Initial Venture Out Supplemental Assessment Resolution"), as amended herein; and WHEREAS, the Initial Venture Out 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 Venture Out 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 Venture Out Page 1 of 24 Final 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 Venture Out Supplemental Assessment Resolution. SECTION 3. MODIFICATION AND CONFIRMATION OF INITIAL VENTURE OUT SUPPLEMENTAL ASSESSMENT RESOLUTION. (A) For purposes of clarification, the term "System Development Fee" contained in Section 1.01 in the Initial Venture Out 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. SECTION 4. CONFIRMATION OF INITIAL VENTURE OUT SUPPLEMENTAL ASSESSMENT RESOLUTION. The Initial Venture Out Supplemental Assessment Resolution, as amended herein, is hereby ratified and confirmed. SECTION S. 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. Venture Out Page 2 of 24 Final Supplemental Assessment Resolution SECTION 6. 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 Venture Out 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 Venture Out Supplemental Annual Wastewater Assessment 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 Venture Out Supplemental Assessment Resolution or an Annual Assessment Resolution and shall attach to the property included on the Non -Ad Valorem Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. (C) As to any Real Estate Parcel that is acquired by a public entity through condemnation, negotiated sale or otherwise prior to adoption of the next Annual Assessment Resolution, the Adjusted Prepayment Amount shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal tax and other Non -Ad Valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the BOCC of the Final 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 7. 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. [rest of page intentionally left blank] Venture Out Page 3 of 24 Final Supplemental Assessment Resolution SECTION S. EFFECT OF FINAL VENTURE OUT SUPPLEMENTAL ASSESSMENT RESOLUTION. The adoption of the Final Venture Out Supplemental Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Venture Out 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 Venture Out Supplemental Assessment Resolution. SECTION 9. ASSESSMENT NOTICE. The County Administrator is hereby directed to record this Resolution as notice of the Wastewater Assessments in the Official Records Book in the office of the Monroe County Clerk of Courts. The preliminary Non -Ad Valorem Assessment Roll and each annual Non Ad Valorem Assessment Roll shall be retained by the County Administrator and shall be available for public inspection. SECTION 10. 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 10 of the Final Venture Out Supplemental Assessment Resolution, any appeals for the 2013 tax bill must be filed by August 31, 2013. SECTION 11. 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 Venture Out Supplemental Assessment Resolution, as amended herein. SECTION 12. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. [page intentionally left blank —signature page follows] Venture Out Page 4 of 24 Final Supplemental Assessment Resolution PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 19th day of June 2013. Mayor George Neugent Mayor Pro Tern Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairperson [rest of page intentionally left blank] MONROE COUNTY ATTORNEY A RO! EDA T F�M: YNTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date_. , ` , Venture Out Page 5 of 24 Final Supplemental Assessment Resolution Appendix A Proof of Publication Venture Out Page 6 of 24 Final Supplemental Assessment Resolution FL0RIUA KEYS nr44 AA, I Ki k } ....: a�� �?Y.te��kti 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) q 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 Chapter50 of the Florida State Statutes on Legal and Official Advertisements. Sworn to d su scribed before me this y Wo Z , 2013 (SEAL) Af Notary BEVERLYTRAEGM a: nc I IY COMMiSSIob # DD S6a 49 1 r -4, EXPIRES.ApritW,2r01.1 Bonded Thru Nolary Public, Undenwiters Venture Out Final Supplemental Assessment Reoslution Page 7 of 24 i Amore specific :description of the, Cudjoe Regional WastewaterAssessxtzent Supplemental Program for Venture Out harcels is et forth in the proposed Final Assessment Resolution which can be viewed on the Monroe County webste at htttia/fl-monroecountiv.civicilus.com/agendacenter follo,vving pixblication of the June 19, 2013 FBOCC ;agenda. The preliminary Non -Ad Valorem l Assessment Roll for the Cudjoe Regional Wastewater Assessment Supplemental Program for Venture Out Parcels is available for inspection at the, County Administrator's office,::located at -the -; Historic Gato Cigar'Factory 1100 SimontonStreet, Suite 2-205, Key West, Florida. The assessments will be collected on the ad valorem tax bill by the Tax Collector, as authorized by Sec#on.197 �632, 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 r 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. A11 affected property own 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 anymatfer considered at the hearing, such person will need a record of the proceedings, and that, for such purpose, such person may need to.ensure page 8!of 24 that a verbatim record. of the proceedings is made, which record includes the testimony and evi- deuce upon which the appeal is to, lie based. Commissioners of Monroe County, N'tonda Published Kevnoter 5-25-13 VentureOut _ Final Supplemental Assessment Resolution ' Page 9.of 24 THE REPORTER P.O. Box 1197, Tavernier, F133070 92655 Overseas Hwy, Tavernier Fl 33070 Phone 305- 852-3216, Fax 305- 852-0199 ROOF 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 r3 Affiant further says that the said THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each week (on Friday) and has been entered as a second class mail matter at the post office in Tavernier, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The THE REPORTER is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements, /1 I'll Wavne Marlefift. Nblisher Sworn to and subscribed before me this30/ Day of%%G�%/" 12013 (SEAL) Notary . •1"" °G',,. BEVERLY TRAECER iIY COMLIISSIOMOD D 969759 =."r oc EYTFl S:April18,20I e`x Banr3ed Thru Notary Public UndeRniters Venture Out Final Supplemental Assessment Resolution Page 10 of 24 Venture Out Final Supplemental Assessment Resolution 3 00 p an or Overseas Mg Commissioner ofthe followi a -s on file with the propeity,a 013. Cudjoe Wj finer, Islands Service Area ind noted. A more specific description of the Cudjoe . Regional Wastewater Assessment Supplemental Program for Venture Out Parcels is set forth in the proposed Final Assessment Resolution which can be, viewed on the MonroeCounty 'website at http:✓/fl-moiiroecouni :c�plus.com/agendacenter following publication of the June 19, 2013 BOCC agenda:' The preliminary Non -Ad Valorem Assessment' Roll for the Cudjoe Regional Wastewater Assessment Supplemental Program for Venture Out Parcels ins 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 own- ers have a right to, appear at the hearing -'and to file written objectioils 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 anydecisionmade by the Board with respect to any matter considered at the hearing, such person i 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 rude, which record includes the testimony. and evi- Bence upon which the appeal is to be based. Page of 24 Venture Out Final Suppler Assessment of the following County final assessment resolution: CUD,IOE REGIONAL WASTEWATER ASSESSMENT SUPPLEMENTALPROGRAM FOR VENTURE OUT PARCELS 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 VENTURE OUT PARCELS FOR WHICH ASSESS- MENT NOTICES" WERE. NIAILED'`IN 2012 AND FOR WHICH CLAWFI CATON, IS NEEDED TO ADDRESS NON-PAYMENT OF ASSESSMENT; APPROVING THE SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL; -PROVIDING FOR COLLECTION ' OF. THE, 'WASTEWATER ASSESSMENT'S; AND PROVIDING AN EFFECTIVE DATE. The figure below depicts the limits of the Cudjoe Regional Wastewater Treatment System Inner Islands Service Area with Venture Out Resort outlined and noted. 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 the, properties coded as vacant in the Venture Out Resort and were excluded from Resolution 197t-2012. F.S. 718.120 states that each condominium parcel should be separately assessed. 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 Master Plan Update approved by the Board of County Corninissioners on January 28, 2009 and updated by.,. resolution on July 18, 20,12. 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: Cudjoe Wgional Wastewater Treatment. System Inner Islands Service Area with Venture Out Resort outlined and noted. s A' more specific description of the Cudjoe Regional WastewaterAssessmentSupplemental Program for Venture Out Parcels is set forth in the proposed Final Assessment Resolution which can be viewed on the Monroe County website at ht :/t /�onroec6unt .c�plus.com/agendacenter following, publication of 'the June 19, 2013 BOCC agenda The preliminary Non -Ad Valorem Assessment; Roll for the Cudjoe Regional Wastewater Assessment Supplemental Program for Venture Out Parcels i i§ available for inspection at the County Administrator's office, located at The Historic Gato Cigar Factory, 1100 Sitnonton 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 November2013. The public hearing is being held for -'the purpose of receiving public comment on the proposed assessments and collection of the assessment on the ad valorem tax roll. All affected property.own- ers have a 'right toappear 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 I! any decisionmade by jhe Board with respect to any matter considered tit.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 evi- dence upon which. the appeal is lobe based. ADAA_ SSIST,4NCE: If you area person with a disability who needs special accommodations in order to participate in this proceeding, pleasecontact 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 jive (5) cal- endar days prior to the scheduled meeting; if 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 officio Clerk of the Board of County. :)lufion g ital Commissioners of Monroe County, Florida Pa � _ Published Reporter 5-25-13 of 24 111.EU KEY -WEST STATE OF FLORIDA nu�r..ra�aeya.4sr.,.wabtra COUNTY OF MONROE Cooke Communications, LLC Florida Keys PO Box 1800 Before the undersigned authority personally appeared Tommy Todd, who on Key West FI 33041 oath says that he is Advertising Director of the Key West Citizen, a daily Office .... 305-292-7777 newspaper published in Key West, in Monroe County, Florida; that the Extension ... x219 attached copy of advertisement, being a legal notice in the matter of Fax ....... 305-295-8025 legalsPkevsnews.com INTERNET PUBLISHING keywest.com CUt�1()a—� 4� OrJ�� -ye,N#vfLQ N f /vtt> )-cW - t.com keysnews.com florkey-west corn was published in said newspaper in the issues of key -west corn p( ) Web Design Services (WYu Z 4 t Z c: 13 NEWSPAPERS The Citizen Southernmost Flyer Affiant further says that the Key West Citizen is a newspaper published in Solares Hill Key West, in said Monroe County, Florida and that the said newspaper has Florida Keys Free Press heretofore been continuously published in said Monroe County, Florida every MARKETING SERVICES day, and has been entered as second-class mail matter at the post office in Key Commercial Printing Citizen Locals Card West, in said Monroe County, Florida, for a period of 1 year next preceding Direct Mail the first publication of the attached copy of advertisement; and alfl, her FLORIDA KEYS OFFICES says that he has neither paid nor promisedrtn person, firm or corporatio any Printing / Main Facility discount, rebate, commission or refund for the p ose of securin this 3420 Northside Drive Key West, FL advertisement for publication in the id newspaper. 33040-1800 Tel 305-292-7777 Fax 305-294-0768 i citizewaikevwest.com _ /7 Internet Division Tel 305-292-1880 Fax 30 sales@keywest.com and subscribed before me thisZ y day of , 2013 salesrc�keywest.com Y Upper Keys Office 91731 Overseas Hwy 0""')_:!Expires DAWN KAWZINSKY Tavernier, FL 33070 Notary Public: NOTARY PUBLIC Tel 305-853-7277 STATE OF FLORIDA Fax 305-853-0556 Comm#EE157233 freepress@floridakeys.com \ \ 1/4/2016 Dawn Kawzinsky Expires: 1/4/16 Notary Seal Personally Known x Produced Identification Type of Identification Produced Venture Out Final Supplemental Assessment Resolution Page 13 of 24 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. 2796 Overseas 1il§it*siy, 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 ftnai assessment resolution CUDJOE REGIONAL WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM FOR VENTURE OUT PARCELS FINAL ASSESSMENT RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATINGTOTHE PROVISION OF WASTEWATER CAPACITY; IMPOSING ANNUAL WASTEWATER ASSESSMENTS FOR VENTURE OUT PARCELS FOR WHICH ASSESSMENT NOTICES WERE MAILED IN 2012 AND FOR WHICH OLARIFICATON IS NEEDED TO ADDRESS NON-PAYMENT OF ASSESSMENT; APPROVING THE SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. The figure below depicts the limits of the Cudjoe Regional Wastewater Treatment System Inner Islands Service Area with Venture Out Resort outlined and noted. 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 the properties coded as vacant In the Venture Out Resort and were excluded from Resolution 191-2012 F.S. 718120 states that each condominium parcel should be separately assessed The final non -ad valorem supplemental assessment rolls prepared as directed by the adoption of this resolution VAli Include properiies to receive central wastewater sear The centraj service boundary is as delineated in the Master Plan Update approved by the Board of County Comrdtssloners on January 28, 2009 and updated by resolution on July 18, 2012 First class notices describing the suppiemerna assessment programs were mailed to owner addresses on Ole with the property appraiser following the adoption of the initial resolution on May 15, 2013. Cudjoe Regional Wastewater Treatment System inner Islands Service Area with Venture Out Resort outlined and noted. A more specific description of the Cudjoe Regional Wastewater Assessmerit Shipp/emental program for Venture Out Parcels is set forth In the proposed Anal Assessment Resolution which can be viewed on the Monroe County website at h J/fl-monroecountyclvicolua com/aaendacenter following publication of the June 19 2013 SOCC agenda The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe Regional Wastewater Assessment Supplemental Program for Venture Out Parcels 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 Florda. The assessments will be collected on the ad valorem tax bill by the Tax Coiieclor as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessment Grill clause a tax cer ificaje to be Issued agr;lnsl 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 malted In November 2013. Tho 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 Ole 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 Silatutes 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 fnsy 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. Nyou area person with adlsabllhy who needs speclelaccommodations In order to participate in this proceeding, please contact the County Admlalatralor's Office, by phoning (305) 292-4441, between the hours o18:30 a.m. 5:00 p.m., no later than flue (5) calendar days prior to the scheduled meeting; N you are hearing or voice impaired, call "711 ". Dated at Key West. Florida this 151h day of May, 2013. AMY HEAVILIN, Clerk of the Circuit Court and ex officlo Clerk of the Board of County Commissioners of Monrod County Florida 2. 201'- Nay Went �:tlTen ]7WiB Page 14 of 24 Appendix B Affidavit of Mailing Venture Out Page 15 of 24 Final Supplemental Assessment Resolution 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 Wastewater Supplemental Venture Out Parcels 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. fi 1�1� K vin ilson, affiant andi elgarejo, 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: e�f.�����' Notary Public, State of Florida At Large My Commission Expires:_w-. '> Commission No.: a - - 9 JOAN E. SHERRY ' = MY COMMISSION A EE 853992 EXPIRES: March 26, 2017 Bonded Thru Notary Public Underwifzrs STATE OF FLORIDA COUNTY OF LEON C_The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of June 2013 by Sandi Melgarejo, Project Coordinator, Government Services Group, Inc., a Florida corporation. She is personally known to me or has produced as identification and did take an oath. Printed Name: gMry TAMW PETERS = Notary Public, State of Flori a «; ,r Commission # ©D 921344 At Large e ar Expires August 31, 2013 9 axE,tt� �T�F�,� aoo��o,® My Commission Expires: Commission No.: --�'D Appendix C Non -Ad Valorem Assessment Roll Venture Out Supplemental (cont'd) ALT Name, last Name, first ALT Name, last Name, first 1240711 Woodrow John/Kathleen 1244007 11244171 Merk Joseph/Janet 1240729 Marino John/Beverly Credico Teena 1240761 Kahlo Robert/Vera 1244228 Harrell Clifford/McCracken 1240796 Carangi William/Claudia 1244392 Kilmoyer Robert/ Letitia 1240826 Park Clyde/Betty 1244457 Frederic Myron/Frances 1240958 Janosko Dorothy 1244601 Best James/Ann 1240974 Campbell Edward/Mary 1244643 Ferreira Robert / Mary 1241113 Smith Survivors TR 1244678 Hoffman Larry/Christa 1241156 Lewis Maurice 1244708 Peterson Edgar/Ruth 1241351 Ellis Robert / Carolyn 1244864 Hughes William/Judy 1241423 Rasmussen Eric/Tammy Lynn 11244970 Grace Louisa REV TR DTD 1241610 Berkman Kevin 11245003 Eide Arvid LIV TR 1241644 Whitman Judy 1245062 Buganski Family TR 1241741 Barr Douglas 1245160 Momeier Richard/Kathleen LIV TR 1241890 Schwarz Ernest/Kathryn 1245381 Engers Topm/Lynn 1242063 Naset Wallace/Ruth 1245402 Blair Elsie TR DTD 1242080 McMahon Andrew/Cecelia 11245534 Nowaczyk Jim/Kathleen 1242438 Cook John 1245542 Pennock William 1242462 Snyder Thomas/Sharon 1245721 Pensco TR Custodian 1242489 Baranyi Andrew 1245739 Undesser John 1242675 Vereb Paul/Pamela 1245780 Allmond Virgil/Sandra 1242756 Seymour Oliver/Sylvia 1245798 Berggren Jean Family TR 1242764 Junkins Donald/Norma 11246174 Baranyi Andrew Tr 1242845 Garchinsky Roger Iiv TR 1246719 Edwards Juan/ Cynthia 1242853 Garchinsky Kathleen Uv.trust 1246743 Catron Frank 1242969 Verb Paul/Pamela 1246760 Groenewegen Cornelius 1243043 Schuler Michael/Leigh 1246832 Clark Alfred / Sandra 1243051 Flowers Andrew/Pamela 11246841 Dwyer Robert/Karen 1243485 Eide Arvid LIV TR 1246859 Filasky Frederick/Georgia 1243507 Kantzler Elizabeth 1246948 Greene Wendell 12435SS Vereb Paul/Pamela 1246964 Hagman Anna 1243574 Read Harlold 1247014 Ackman Richard/Cynthia 12436.1 Vereb Paul 1247111 Cleven Jerry/Paricia 1243680 Marino John/Beverly 1247162 Pirner Hans/Melissa 1243698 Kilmartin Beverly 1247189 Kaskawits Marvin/Bernice 1243701 Cummings Jeffrey / Kelly 1247227 Terry William/Virginia 1243779 Tutor Gene/Carlotta Venture Out Page 19 of 24 Final Supplemental Assessment Resolution Appendix C Non -Ad Valorem Assessment Roll Venture Out Supplemental ALT Name, last Name, first ALT Name, last Name, first 1240737 Woodworth Ann 1244040 Perry Cynthia & Richard 1240893 Petrozelli Daniel 1244104 Eidemiller Thomas 1241024 Mazzer Helen 1244414 Tolksdorf Frank 1241059 Sporer Arlene 1244422 Tolksdorf Frank 1241334 Arentz Edward And 1244571 Sitron Bernard And Star 1241342 Sporer Arlene 1244694 Mullens L. Col. Fred 1241377 1 Roeder Properties 1244805 Fargo Family Trust 1241628 Fernstrom Herny 124S283 Kubiak Gary 1241709 Bratsburg Jeffrey And 1245356 Titsworth Donna 1241903 Littrell James 1245461 Drenth Don And Karolyn 1241989 Jensen Alice 1245623 Ulrich Rich/Kathy 1242250 Sangster Ron And Bibian 1245666 Manzo Family Trust 1242667 Vogan Shirley 1245801 Cibirka Sally 1242713 Pravis 1245836 Norcross Frank 1242772 Mullan William 1245852 Fisher Robert 1242896 Foley John 1246042 Lussier Joanne 1243264 Snider Jack And Peggy 1246131 Jolie Joan And Rob 1243515 Hawxhurst Dorothy 1246280 Grim Robert 1243604 Rogers Dana And 1246328 Harss Robert 1243612 Rogers Charles 1246450 Catron Janie 1243728 Kearney William 1246522 Panzer Elizabeth 1243817 Keeney James And Eileen 1246751 Catron Charles 1243825 Wright Lisa 1246921 King Jewel 1243931 Hartung James 1247006 Fry [rest of page intentionally left blank) Venture Out Page 20 of 24 Final Supplemental Assessment Resolution APPENDIX D APPEALS PROCESS The EDU Allocation for residential properties will be the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of adoption of the Final Assessment Resolution. The Notice of Wastewater Non -Ad Valorem Assessments directed property owners to contact Monroe County Engineering Department for a Wastewater Appeal form, if it was felt a mistake was made in the allocation of EDU(s)_ Property owners must additionally request a classification review by the Property Appraiser. Following a reclassification by the Property Appraiser an adjustment to the EDU Allocation will be made. The EDU Allocation for a non-residential property is calculated by using the highest three month average water consumption over a three year period and dividing it by the average monthly water consumption based on daily water consumption of 167 gallons per day for a residential unit. Property classes other than Residential may appeal an assessment based on excessive use, irrigation or change of use. For example, if you had a broken pipe that caused you to have high water bills, you may appeal your assessment based on excessive use. You will need to attach documentation describing the plumbing problem, water bills showing your normal water use before and after the leak, and if possible, a copy of the repair bill from the plumber. In cases where water is used but does not require treatment because it does not go into the plumbing drain, you may appeal based on irrigation. Contact FKAA at 305-296- 2454 for information related to installation of the irrigation meter. You will need to attach documentation of the irrigation meter installation and copies of the past 12 months of water bills for the irrigation and original meter following installation of the irrigation meter to have the EDU allocation adjusted. Successful appeals submitted by August 31, 2013 will be reflected on the tax bill. Appeals submitted after August 31, 2013 will be reviewed to determine whether circumstances exist which constitute a continuance. An example of a justifiable continuance is collection of water consumption data for 12 months to support an irrigation appeal. If the owner elects to prepay the lump sum System Development Fee and is subsequently granted an EDU Allocation adjustment as the result of an appeal, the difference between the adjusted lump sun system development fee and the prepaid amount will be reimbursed. If the owner pays the annual assessment on the 2013 tax bill, a request for a refund for the overpayment of the non -ad valorem assessment will be made by the Wastewater Department by submitting a BOCC approved DR-409A to the Tax Collector. Venture Out Page 21 of 24 Final Supplemental Assessment Resolution APPENDIX E First class notice forms Venture Out Page 22 of 24 Final Supplemental Assessment Resolution Monroe County Engineering Division — Gato Office e 1100 Simonton Street, Suite 2-216 Key West, FL 33040 �1 (305) 292-4525 CREAMERY PA 19430-013e Board of County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro TOM Heather Carruthers, Dist 3 Danny L Kolhage, Dist 1 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 Sequence Number. VO.001 Notice Date: May 29, 2013 Re: Notice of Wastewater Non -Ad Valorem Assessments (Excluded Venture Out) 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 was not Identified as requiring wastewater service until after the first class notices for the 2012 tax bill were mailed. You received a separate bill dated November 1, 2012 that allowed you the option to prepay In full or to pay the Fiscal Year 2012-13 Annual Wastewater Assessment (first annual installment) of $401.11. Since You have not prepaid In full, but paid the Fiscal Year 2012-13 assessment amount, this notice is required to inform you that the County Intends to include the remaining annual assessments on your ad valorem tax bill beginning November 2013, The EDU Allocation for the above parcel Is 1 EDU based on the PC Code classificadon of "00" (vacant residential), the availability of water service, the teens of FS §718.120(t), and the anticipated need for wastewater service based on use. The lump sum System Development Fee has been set at $4,600 per EDU. The lump sum System Development Fee for the above parcel Is $4,500. The November 1, 2012 separate bUl provided you notice of the opportunity to prepay in full. You will not receive another notice of your prepayment amount; however prepFde ent will be due by August 31, 2013, If you decide to prepay. If you do not Ws to prepay the assessment by August 31, 2013, but dyou want to pay off the assessment In the future, payoffs are calculated annually by reducing the System Development Fee by thncipal 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 $302.53 per EDU. This will be re-evaluated annually when the actual rate Is set in September. The second 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 (lf 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 estimated maximum Annual Wastewater Assessment for Fiscal Year 2013-14 and future fiscal years for the above parcel is $302.53. You are Invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for June 19, 2013 at 3:00 P.M. at the Marathon Government Center. 2798 Overseas Highway, 2nd Floor, Marathon, FL 33050. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at htto://fl-monronw M„icolus com/acandacenter on June 7, 2013. All affected property owners have a right to appear at the hearing and to file written ob)ectlons 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, 9 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. It you have any questions about this notice you can contact Monroe County Engineering Division at (305) 292-4525 between the hours Of 9:00 am. and 4:00 p.m. Venture Out "" &THIS IS NOT A BILL — DO NOT PAY -- Final aipplemental Assewnent %solution Fage 23 of 24 Monroe County Engineering Division —Gatti Office 1100 Simonton Street, Suite 2-218 Key West, FL 33040 (305) 2924525 Board of County Commissioners Mayor George Neugent, Dist, 2 Mayor Pro Tom Heather Caruthers, Dist. 3 Danny L. Kolhage, Dist. i David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 Sequence Number. VOD-001 Notice Date: May 29, 2013 Re: Notice of Wastewater Non -Ad Valorem Assessments (Excluded -Unpaid Venture Out) 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 was not identified as requiring wastewater service until after the first class notices for the 2012 tax bill were reaped. You received a separate big dated November 1, 2012 that allowed you the option to prepay In full or to pay the Fiscal Year 2012-13 Annual Wastewater Assessment (first annual Installment) of $401.11. Since you have not prepaid In full or paid your Fiscal Year 2012-13 Annual Wastewater Assessment, this notice Is required to Inform you that the County intends to include the unpaid Fiscal Year 2012-13 Annual Assessment and the remaining annual assessments on your ad valorem tax bill beginning November 2013. The EDU Allocation for the above parcel Is 1 EDU based on the PC Code classification of "00" (vacant residentiaQ, the availability of water service, the terms of FS §718.120(1), and the anticipated need for wastewater service based on use. The lump sum System Development Fee has been set at $4,500 per EDU. The lump sum System Development Fee for the above parcel is $4,600. The November 1, 2012 separate big provided you notice of the opportunity to prepay in full. You will not receive another notice of your prepayment amount however prepayment will be due by August 31, 2013, if you decide to prepay. If you do not wish t prepay the assessment by August 31. 2013, but decide you want to pay off the assessment in the future, payoffs are calculated annually t 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 Fee over 20 years on the property tax bill as authorized P pay the System Development this option. The assessments will be payable in not to exceedtwenty(20j annual installments amorrttoiznedrsataa required your part d elect Interest rate which makes the 2013 annual installment $302,53 Currently estimated 2.4% annually In September each year. The unpaid Fiscal Year 2012-13 assessment actual d II be set in June 2013 but will be re-evaluated tax bill to be mailed in November 2013. The total assessment revenue to be generated within the entitile C loe Region, including uded on the ad the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period Is approximately $89.5 ml1 n. 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 maximum Annual Wastewater Assessment for Fiscal Year 2013-14 and future fiscal years for the above parcel is $302M. The unpaid Annual Wastewater Assessment for Fiscal Year 2012-13 for the above parcel is $401.11. The total Annual Wastewater Assessment for Fiscal Year 2013.14 -for the above parcel is $703.64. 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 httoJ/fi-monroecounty property owners have a right to CIVICpIuc e�nmy�ner,ri------- affected on June 7, 2013. All the public hears ff g appear at the hearing and to file written objections with the County Administrator any time prior to P hearing. 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 slatutary 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. Venture Out """'THIS IS NOT A BILL— DO NOT PAY*""" Final aipplemental Asessment Fbwlution Page 24 of 24 BACK UP DOCUMENTS 1.) Resolution No. 156-2013 2.) Resolution No. 197-2012 3.) Resolution No. 173-2012 4.) Resolution No. 331-2012 MONROE COUNTY, FLORIDA CUDJOE REGIONAL WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM FOR VENTURE OUT PARCELS INITIAL ASSESSMENT RESOLUTION (INCLUDING VENTURE OUT RESORT VACANT PARCELS THAT OPTED TO PAY FISCAL YEAR 2012 - 2013 ANNUAL WASTEWATER ASSESSEMENT AND UNPAID FISCAL YEAR 2012 - 2013 ANNUAL WASTEWATER ASSESSMENTS FOR VENTURE OUT RESORT VACANT PARCELS) MAY 15, 2013 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINTTIONS................................................................................... 3 SECTION 1.02. INTERPRETATION.......................................................................... 5 SECTION 1.03. GENERAL FINDINGS...................................................................... 5 ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED ...................... 6 SECTION 2.02. IMPOSITION OF ASSESSMENTS .................................................. 6 SECTION 2.03. PREPAYMENT AMOUNTS............................................................. 6 SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS .......................... 6 SECTION 2.05. PREPAYMENT OPTION.................................................................. 6 SECTION 2.06. MANDATORY PREPAYMENT .......................................... 7 ............. SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION ...................... 7 ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL .................................. 7 SECTION 3.02. PUBLIC HEARING........................................................................... 7 SECTION 3.03. NOTICE BY PUBLICATION........................................................... 7 SECTION 3.04. NOTICE BY MAILING..................................................................... 7 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION........................................................... 8 SECTION 4.02. SEVERABILITY................................................................................ 8 SECTION 4.03. EFFECTIVE DATE........................................................................... 8 TABLE OF APPENDICES APPENDIX A DESCRIPTION OF THE VENTURE OUT RESORT PARCELS CODED AS VACANT AND PAID FISCAL YEAR 2012 - 2013 ANNUAL WASTEWATER ASSESSMENT APPErmix B DESCRIPTION OF THE UNPAID FISCAL YEAR 2012 - 2013 ANNUAL WASTEWATER ASSESSMENTS FOR VENTURE OUT RESORT PARCELS CODED AS VACANT APPENDIX C FORM OF PUBLIC HEARING NOTICE TO BE PUBLISHED APPENDIX D FORM OF MAILED NOTICE - VENTURE OUT RESORTS PARCELS PAID APPENDIX E FORM OF MAILED NOTICE - VENTURE OUT RESORTS PARCELS UNPAID Remainder of page left blank ii RESOLUTION NO. 156r 2013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER SERVICE TO PROPERTIES; DESCRIBING THE SYSTEM DEVELOPMENT FEE, COLLECTION COSTS AND THE OTHER TERMS AND CONDITIONS OF THE NON -AD VALOREM ANNUAL WASTEWATER ASSESSMENTS; ESTABLISHING THE AMOUNT AND TERM OF THE ANNUAL WASTEWATER ASSESSMENT FOR EACH PARCEL OF PROPERTY TO BE ASSESSED; DIRECTING PREPARATION OF AN INITIAL SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL FOR VENTURE OUT PARCELS FOR WHICH ASSESSMENT NOTICES WERE MAILED IN 2012 AND FOR WHICH CLARIFICATON IS NEEDED TO ADDRESS NON-PAYMENT OF ASSESSMENT; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED WASTEWATER ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Adjusted Prepayment Amount" means the remaining Prepayment Amount for each Tax Parcel computed by deducting (1) the portion of the system development fee paid by the property owner as Annual Wastewater Assessments from (2) the Prepayment Amount utilized to compute the Annual Wastewater Assessment included on the Non -Ad Valorem Assessment Roll for such Tax Parcel. "Annual Wastewater Assessment' means the sum of the sum of (1) the Annual System Development Fee Payment, and (2) the Collection Cost for each Tax Parcel. "Collection Cost" means the amount computed each Fiscal Year for each Tax Parcel that shall be equal to (1) the Prepayment Amount for such Tax Parcel divided by the sum of the aggregate Prepayment Amount, multiplied by (2) the estimated cost to be incurred by the County during any Fiscal Year in connection with collection of the Wastewater Assessments, including staff administration time. "Board" means the Board of County Commissioners of Monroe County, Florida. "County" means Monroe County, a political subdivision of the State of Florida. "County Administrator" means the chief administrative officer of the County, designated by the Board to be responsible for coordinating the Wastewater Assessments, or such person's designee. "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 Cudjoe Regional Service Area (1) described in Appendix A which generate wastewater OR could generate wastewater, were coded as vacant at the time of adopting Resolution 197-2012 AND opted to pay Fiscal Year 2012 — 2013 when noticed separately by letter dated November 1, 2012 OR (2) described in Appendix B which generates wastewater OR could generate wastewater, were coded as vacant at the time of adopting Resolution 197-2012 AND opted not to pay annual wastewater when noticed separately by letter dated November 1, 2012. F.S. 718.120(1) states that each condominium parcel should be separately assessed as a single parcel. Therefore, parcels listed in Appendix A and Appendix B will be required to connect to the Cudjoe Regional Wastewater 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 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. "Supplemental Program" means a program specially designed to address the non- payment of Fiscal Year 2012-2013 assessments by a number of Venture Out property owners. "System Development Fee" means that portion of the capital cost of the wastewater system being assessed to each owner of a Tax Parcel, up to a maximum of $4.500 per EDU. "Tax Collector" means the Monroe County Tax Collector. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll described in Section 193.114(2), Florida Statutes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "Utility" means Florida Keys Aqueduct Authority. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Article 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. 19 ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED. Wastewater Assessments shall be imposed on Venture Out Resort parcels that were listed as vacant at the time of adoption of Resolution 197-2012 (Appendix A and Appendix B list) SECTION 2.02. IMPOSITION OF ASSESSMENTS. Wastewater Assessments shall be imposed for a period of 20 years. The parcels described in Appendix A opted to pay the First Annual Wastewater Assessment for Fiscal Year 2012 — 2013, according to separate bill dated November 1, 2012, these parcels will be included on the ad valorem tax bill to be mailed in November 2013 for their second Annual Wastewater Assessment. Future Annual Assessments will be included in certified tax rolls for Cudjoe Regional Inner Islands Annual Wastewater Assessments. The parcels described in Appendix B opted to NOT pay the first Annual Wastewater Assessment for Fiscal Year 2012 — 2013, as provided in the separate billing dated November 1, 2012. These parcels will have the first Annual Wastewater Assessment for Fiscal Year 2012 -2013 AND the second Annual Wastewater Assessment for Fiscal Year 2013 — 2014 included on the ad valorem tax bill to be mailed in November 2013. Future Annual Assessments will be included in the certified tax rolls for the Cudjoe Regional Inner Islands Annual Wastewater Assessments. When imposed, the wastewater assessment for each Fiscal Year shall constitute a lien upon such Tax Parcels pursuant to the Ordinance. SECTION 2.03. PREPAYMENT AMOUNTS. In the initial year, the amount necessary to prepay the System Development Fee in full for each Tax Parcel shall be $4.500 per EDU. In each successive year, a Prepayment Amount for each Tax Parcel shall be computed annually. SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS. The Annual Wastewater Assessment shall be computed for each Tax Parcel as the sum of (1) the Annual System Development Fee Payment, and (2) the Collection Cost. The Annual System Development Fee Payment is computed as the unpaid balance of the System Development Fee amortized together with interest up to 5% per annum, over the remaining term for such tax parcel. The interest rate applied will be determined based on the interest rate obtained by Monroe County to borrow funds to complete the projects. SECTION 2.05. PREPAYMENT OPTION. The owner of each Tax Parcel subject to the Wastewater Assessments shall be entitled to prepay all future unpaid Annual Wastewater Assessments upon payment of an amount equal to the sum of (1) the Annual Wastewater Assessment and (2) the Adjusted Prepayment Amount. The amount of all prepayments made pursuant to this Section 2.05 shall be final. SECTION 2.06. MANDATORY PREPAYMENT. The owner of a Tax Parcel subject to the Wastewater Assessment shall immediately prepay all future unpaid Annual Wastewater Assessments for such Tax Parcel if (1) the Tax Parcel is acquired by a public entity through condemnation or otherwise, or (2) a tax certificate has been issued and remains outstanding in respect of the Tax Parcel and the County, at its sole option, elects to accelerate the Wastewater Assessment. Failure by the property owner to comply with this Section 2.06, will result in the remaining Prepayment Amount (plus interest computed at the rate utilized to compute the Annual System Development Fee Payment) being placed on the Tax Parcels 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 BEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL. The County Administrator is hereby directed to prepare the preliminary Non -Ad Valorem Assessment Roll in the manner provided in the Ordinance. The preliminary Non -Ad Valorem Assessment Roll shall be maintained by the County Administrator and open to public inspection beginning May 16, 2013. The foregoing shall not be construed to require that the Non -Ad Valorem Assessment Roll be in printed form if the amount of the Wastewater Assessment for each Tax Parcel can be determined by use of a computer terminal available to the public. SECTION 3.02. PUBLIC HEARING. A public hearing will be conducted by the Board at 3:00 p.m., or as soon thereafter as the matter can be heard, on June 19, 2013, at the County Commission Chambers in the Marathon Government Center; 2798 Overseas Highway; Marathon, Florida to consider (A) imposition of the Wastewater Assessments, and (B) collection of the Wastewater Assessments pursuant to the Uniform Assessment Collection Act. SECTION 3.03. NOTICE BY PUBLICATION. Upon completion of the Non -Ad Valorem Assessment Roll, the County Administrator shall publish a notice of the public hearing authorized by Section 3.02 hereof in the manner and the time provided in Section 2.05 of the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix B. SECTION 3.04. NOTICE BY MAILING. In addition to the notice provided in accordance with Section 3.03, above, at least 20 days prior to the public hearing, the County Administrator shall mail a notice of the public hearing to each person owning property subject to the assessment. Said notice shall be mailed by first-class mail, and shall include all of the information required by Section 197.3632(4)(b), Florida Statutes. 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. SEVERABILITY. If any clause, section or provision of this Resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 15w day of May, 2013. , Mayor George Neugent Yes = �' zM Mayor Pro Tem Heather Carruthers `� Commissioner Danny Kolhage Commissioner David Rice Commissioner Syhia Murphy (SEAL) Attest: Arpy Heavilin, CLERK Deputy Clerk Yes --< s Yes _. � c�a Yes Yes _� x M .. O Lnn (Z) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By:A."O..u.. Mayor/Chairperson APPENDIX A DESCRIPTION OF THE VENTURE OUT RESORT VACANT PROPERTIES WHICH HAVE PAID THE FIRST YEAR ANNUAL WASTEWATER ASSESSMENT FOR FISCAL YEAR 2012 -2013 TO RE INCLUDED IN FUTURE CERTIFIED TAX ROLLS FOR CUDJOE REGIONAL INNER ISLAND ANNUAL WASTEWATER ASSESSMENTS: Venture Out Vacant Parcels — Paid First Year Assessment Roll ALT Name, last Name, first ALT Name, last Name, first 1240737 Woodworth Ann 1244040 Per Cynthia & Richard 1240893 Petrozelli Daniel 1244304 Eidemiller Thomas 1241024 Mazzer Helen 1244414 Tolksdorf Frank 1241059 S orer Arlene 1244422 Tolksdorf Frank 1241334 Arentz Edward And Marie 1244571 Sitron Bernard And Star 1241342 S orer Arlene 1244694 Mullens L Col. Fred 1241377 Roeder Properties 1244805 Fa o Famil Trust 1241628 Fernstrom_ Herny 1245283 Kubiak Gary 1241709 Bratsburg Jeffrey And Marcia 1245356 Titsworth Donna 1241903 Littrell James 1245461 Drenth Don And Karolyn 1241989 Jensen Alice 1245623 Ulrich Rich/Kathy 1242250 Sangster Ron And Bibian 1245666 Manzo Famil Trust 1242667 Vogan Shirley 1245801 Cibirka Sali 1242713 Pravis 1245836 Norcross Frank 1242772 Mullan William 1245852 Fisher Robert 1242896 Foley John 1246042 Lussier Joanne 1243264 Snider Jack And Pegff 1246131 Jolie Joan And Rob 1243515 Hawxhurst Doroth 1246280 Grim Robert 1243604 Rogers Dana And Thereasa 1246328 Harss Robert 1243612 Rogers Charles 1246450 Catron Janie 1243728 Kearney William 1246522 Panzer Elizabeth 1243817 Keeney IJames And Eileen 1246751 Catron Charles 1243825 lWright Lisa 1246921 King Jewel 1243931 Hartung liames 1247006 Fry APPENDIX B DESCRIPTION OF THE VENTURE OUT RESORT VACANT PROPERTIES THAT OPTED TO NOT PRE PAY IN FULL OR PAY FIRST ANNUAL WASTEWATER ASSESSMENT FOR FISCAL YEAR 2012 - 2013 VE'fltnrP- nllt Vaunt P7r.-Me _ i T"nn;A ALT Name, last Name, first — IkLT v Name, last Name, first 1240711 Woodrow John/Kathleen 1244007 Merk Joseph/Janet 1240729 Marino John/Beverly 1244171 Credico Teena 1240761 Kahlo Robert/Vera 1244228 Harrell Clifford/McCracken 1240796 Carangi William/Claudia 1244392 Kilmoyer Robert/ Letitia 1240826 Park ---Clyde/Betty 1244457 Frederic Myron/Frances 12409S8 Janosko Dorothy 1244601 Best James/Ann 1240974 Campbell Edward/Mary 1244643 Ferreira Robert/ Mary 1241113 Smith Survivors TR 1244678 1 Hoffman Lar /Christa 1241156 Lewis Maurice 1244708 Peterson Edgar/Ruth 1241351 Ellis Robert/Carolyn 1244864 Hughes William/Judy 1241423 Rasmussen Enq/Tammy Lynn 1244970 Grace Louisa REV TR DTD 1241610 Berkman Kevin 1245003 Eide Arvid UV TR 1241644 Whitman Judy 1245062 IBuganski Famil TR 1241741 Barr Douglas 1245160 Momeier Richard/Kathleen UV TR 1241890 ISchwarz Ernest/Kathryn 1245381 Engers Topm/Lynn 1242063 Naset Wallace/Ruth 1245402 Blair Elsie TR DTD 1242080 McMahon Andrew/Cecelia 1 1245534 Nowaczyk Jim/Kathleen 1242438 Cook John 1245542 Pennock William 1242462 Snyder Thomas/Sharon 1245721 Pensco TR Custodian 1242489 Baranyi Andrew 1245739 Undesser John 1242675 Vereb Paul/Pamela 1245780 11246174 Allmond Virgil/Sandra 1242756 Seymour Oliver/Sylvia 1245798 Berggren Jean Family TR 1242764 Junkins Donald/Norma Baranyi Andrew Tr 1242845 Garchinsky Roger liv TR 1246719 Edwards Juan/ Cynthia 1242853 Garchinsky Kathleen Liv.trus 1246743 Catron Frank 1242969 Verb Paul/Pamela 1246760 Groeneweg#Comelius 1243043 Schuler Michael/Leigh An r1246832 Clark Alfred/Sandra 1243051 Flowers Andrew/Pamela 1246841 Dwyer Robert/Karen 124348S Eide Arvid LIV TR 1246859 Filasky Frederick/Georgia 1243S07 Kantzler Elizabeth 1246948 Greene Wendell 1243558 Vereb Paul/Pamela 1246964 Hagman Anna 1243574 Read Hariold 1247014 Ackman Richard/Cynthia 1243671 Vereb Paul 1247111 Cleven Jerry/Paricia 1243680 Marino John/Beverly 1247162 jPimer Hans/Melissa 1243698 Kilmartin Beverly 1247189 Kaskawits Marvin/Bernice 1243701 Cummin Jeff rey / Kelly 1247227 Te William/Vir ?nia 1243779 Tutor Gene/Carlotta 10 APPENDIX C FORM OF NOTICE FOR PUBLIC HEARING TO CONSIDER ADOPTION OF FINAL ASSESSMENT RESOLUTION REMAINDER OF PAGE LEFT BLANK tI 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 pan., 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 WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM FOR VENTURE OUT PARCELS 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 VENTURE OUT PARCELS FOR WHICH ASSESSMENT NOTICES WERE MAILED IN 2012 AND FOR WHICH CLARIFICATON IS NEEDED TO ADDRESS NON-PAYMENT OF ASSESSMENT; APPROVING THE SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. The figure below depicts the limits of the Cudjoe Regional Wastewater Treatment System Inner Islands Service Area with Venture Out Resort outlined and noted 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 the properties coded as vacant in the Venture Out Resort and were excluded from Resolution 197-2012. F.S. 178-120 state that each condominium parcel should be separately assessed. The final non -ad valorem supplemental assessment rolls prepared as directed by the adoption of this resolution will include properties to receive central wastewater service. The central service boundary is as delineated in the Master Plan Update approved by the Board of County Commissioners on January 28, 2009 and updated by resolution on July 18, 2013. Furst class notices describing the supplemental assessment programs were mailed to owner addresses on file with the property appraiser following the adoption of the initial resolution on May 15, 2013. 12 Cudjoe Regional Wastewater Treatment System Inner Islands Service Area with Venture Out Resort outlined and noted. A more specific description of the Cudjoe Regional Wastewater Assessment Supplemental Program for Venture Out Parcels is set forth in the proposed Final Assessment Resolution which can be viewed on the Monroe County website at http://fl- monroecounty.civicplu�.com/agendacenter following publication of the June 19, 2013 BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe Regional Wastewater Assessment Supplemental Program for Venture Out Parcels 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. 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 11711' Dated at Key West, Florida this day of May, 2013. (SEAL) AMY HEAVILIN, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication as display ad with border on the followine dates: KW Citizen (Su) Keynoter (Wed) Reporter (Fr) 14 APPENDIX D NOTICE FORM TO BE MAILED Venture Out - Paid REMAINDER OF PAGE LEFT BLANK ILI Board of County Commissioners Mayor George Neugent, Dist 2 Mayor Pro Tern Heather Carruthers, Dist. 3 Danny L Kolhage, Dist, 1 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 -OwnerNamel- AK#: -OwnerName2- Sequence Number. VO--SegNum- -OwnerAddi - Notice Date: May 29, 2013 OwnerAdd2- .City- -State- -Zip» , COUNTRY - Re: Notice of Wastewater Non -Ad Valorem Assessments (Excluded Venture Out) 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 was not identified as requiring wastewater service until after the first class notices for the 2012 tax bill were mailed. You received a separate bill dated November 1, 2012 that allowed you the option to prepay in full or to pay the Fiscal Year 2012-13 Annual Wastewater Assessment (first annual installment) of $401 11. Since you have not prepaid in full, but paid the Fiscal Year 2012-13 assessment amount, this notice is required to inform you that the County intends to include the remaining annual assessments on your ad valorem tax bill beginning November 2013. The EDU Allocation for the above parcel is 1 EDU based on the PC Code classification of "00" (vacant residential), the availability of water service, the terns of FS $718.120(1), and the anticipated need for wastewater service based on use. 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. The November 1 2012 separate bill provided you notice of the opportunity to prepay in full. You will not receive another notice of your prepayment amount; however 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 (306) 292-4525 to obtain a payoff memo. Payoffs are accepted annually through August 31 and are usually available beginning in October. Altematively, 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 annul installment $310.63. This will be re-evaluated annually when the actual rate is set in September. The first payment shall be included on the ad valorem tax bill to be mailed in November 2013. The total assessment revenue to be generated within the entire Cudjoe Region, including the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period is approximately $89.5 million. Failure to pay your assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The estimated maximum Annual Wastewater Assessment for Fiscal Year 2013-14 and future fiscal years for the above parcel Is $310.63. 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 monrOeCOunty-civicplus-comlagendacerder 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 Di,, ,sion at (305) 292-4525 between the hours of 9:00 a.m. and 4:00 p.m. THIS IS NOT A BILL — DO NOT PAY"*''' 16 APPENDIX E NOTICE FORM TO BE MAILED Venture Out - Unpaid REMAINDER OF PAGE LEFT BLANK I7 Monroe County Engineering Division — Gato Office 1100 monton Street Suite 2-216 K y West, FL 33040 (305) 292-4525 -OwnerNamei - "OwnerName2+ -OwnerAddi " "OwnerAdd2b -Cityu "State)- -Zap- «COUNTRY+ Board of County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tern Heather Carruthers, Dist 3 Danny L. Kolhage, Dist. 1 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 Aft Sequence Number. VO--SegNum• Notice Date. May 29, 2013 Re: Notice of Wastewater Non -Ad Valorem Assessments (Excluded -Unpaid Venture Out) 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 was not identified as requiring wastewater service until after the first class notices for the 2012 tax bill were mailed You received a separate bill dated November 1 2012 that allowed you the option to prepay In full or to pay the Fiscal Year 2012- 13 Annual Wastewater Assessment 'first annual installment) of $401 11. Since you have not prepaid in full or paid your Fiscal Year 2012-13 Annual Wastewater Assessment, this notice is required to inform you that the County intends to include the unpaid Fiscal Year 2012-13 Annual Assessment and the remaining annual assessments on your ad valorem tax bill beginning November 2013. The EDU Allocation for the above parcel is 1 EDU based on the PC Code classification of "00" (vacant residential), the availability of water service, the terms of FS §718,120(1). and the anticipated need for wastewater service based on use. The lump sum System Development Fee has been set at $4,5W per EDU. The lump sum System Development Fee for the above parcel is $4,500. The November 1, 2012 separate bill provided you notice of the opportunity to prepay in full. You will not receive another notice of your prepayment amount; however 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 iecide 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 mortized at a currently estimated 2.4% interest rate which makes the 2013 annual Installment $310.63. The actual rate will be set in June 2013 but will be re-evaluated annually in September each year. The first payment shall be included on the ad valorem tax bill to be mailed in November 2013. The total assessment revenue to be generated within the entire Cudjoe Region, including the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period is approximately $89.5 million. Failure to pay your assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The estimated maximum Annual Wastewater Assessment for Fiscal Year 2013-14 and future fiscal years for the above parcel is $310.63. The unpaid Annual Wastewater Assessment for Fiscal Year 2012-13 for the above parcel is $401.11. The total Annual Wastewater Assessment for Fiscal Year 2013-14 -for the above parcel is $711.74. You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for June 19, 2013 at 3:00 p.m. at the Marathon Government Center 2798 Overseas Highway, 2nd Floor Marathon, FL 33050. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at htto./M- monroecounty civicoluscomlagendacenter 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 abo<:t 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*** — IS Proof of Publications: Public Hearing Initial Assessment Resolution May 15, 2013 STATE OF FLORIDA eke mmu� cauans, ` LLcCOUNTY OF MONROE Florida Keys PO Box 1800 Before the undersigned authority personally appeared Randy G. Erickson, Key West Ft 33041 who on oath says that he is Vice -President of Operations of the Key West Office .... 3as-292.rM Citizen, a daily newspaper published in Key West, in Monroe County, Fa ...... n... 5-295- Florida, that the attached copy of advertisement, Fax.......3og-29s-802g matter of being a legal notice in the 102als0keyerim a com INTERNET PUBUSHING keywestcom keysnewS.CoM floridakeys.com key-weacom Web Design Services NEWSPAPERS The Cdizen Scuthemmost Fryer Soiares Hill Florida Keys Free Pr MARKET1Ng SERVICES Commercial Pr"ng CdixOn LoCais Cart! Duna Mai FLORIDA KEYS OFFICES Prhning I Main Facility 3420 Northside Drive PO am 1800 Key West, FL 33040-ism Tel 305-292-7777 Fax 305.294.0769 itfzenrrukav� Internet Dhrlslon 33040.3328 Tel 3M292.1880 Fax 305-294-1699 sales®keywes;Lcom 9173311 Overseas Hwy Tavenner, FL 33M Tel Fax 30 59 k"Wes300ridakeys cam icQ c was published in said newspaper in the issues) 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, Floridficea every day, and has been entered as second-class mail matter at the of West, in said Monroe County, Florida, for a period of I yearost nKey ext preceding the first publication of the attached copy of advertisement; says that he has neither paid nor promised and corporation further discount, rebate, commission or refund � ��n' firm or corporation any purpose of securing this advertisement for publication in the said newspaper. Swom and subscribed before me this day Of,k 2013 Notary Public: �DAWN KAWZINSKY NOTARY Mal it- " -STATE OF FLORIDA Comm# EE157233 ice t9� Expires 1/4/2016 Dawn Kawzinsky Expires: 1/4/16 Notary Seal Personally Known ___X___ Produced Identification Type of Identification Produced 21 I{ . f+�1'IZCEt]ivfl�tP.�Rgl!f7�1('C#�I1!$1! , I1tli w l�Yt i►, r !'lr Y �� d.+IFIY$ himftl� Sk:.• 1 +�t�oadnt�p}Cq�: � �ead� m enema v„���►�+►>�w1a���,gg�r�,ik;r��r�atf►sl�ae�xc�rnw�au . 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M A AN Will I Xk r'ie:�1F�Rr - �axraedk I�iR ■.i rap'If4`1.0S6I41�S ��""�'��RRrwrdpAw,� �rl W 1mue�url �Ir i'6rteAYfG�Mi�>����*Cu riFP��Re��,.dloae� �a.e�;w,►�,„,��I. psi ���4�� ,�4itr.MeG.eer�eea�r.ef k++.+s�rrewr r 1Jl��la>,deda�tp.klreells.� �, �•+e�+ �i+w u. 6a°'ny ar win �wea, nn °�tL . is P ' � t x wal�ix�r�aihyRutihui�s�t�u .• y Ftai10A tI'TI 0, w_7t � Published Twlce 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 thel attached copy of advertisement wasj published In said newspaper In the Issues. of: (date(s) of pubirlcaban) Afftant further says that the said FLOR10A 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 mall 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 afflent 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 newspapers) and that Ib orl a Keys Keyhg f_ is In full .gmwlarice_wI ixFiorida Mate State an _ Leoal and ,Office B�eJSlsements. SW am to 4 s rtbed before me this- a^ tom _ 201:3 (SEAL) NO "Plntts." 19. 2014 ax4eaThV"Pat* ftwo m NOTICE OF INTENTION TO CONSWER ,NM= IN WRtt?.DY MEN TO WHOM LT MAY t'OttiV N &a1 M 61my a 201181 ItM pAi_ar at was Otafatlet as rralr belrr*rd, at she Aftmy I. l�iRaeett wand Cap�ei,ltCtOsv S�lexs �rta9t 1Cx'r l.aria; bidnsarComFkp, FlaiEda,131e �natd afC'a�tgf Cd=Li<siaaees.of Manner, f'ct=y, V6i:i a "Pt o s !x omdud public hearings to cmni&r 2VVM WofthefcBowftfow(41{=1L-AyPr_- lIfTwrw A RFSOLL'1'ICM OFT[ 844,IED OF C'[lW1i r rlAttiliSill�i 9 OP !iAR3*lROU CMttWr7f,1K' M DA, 11111M °I"MG TO Tnfk PS0V1!R0v OF WA n tWAT1ER 11 W V" To Ppoprlrmal or'sA`FirDINt7 `Int. 4V87'Lm 111'•1r'ILW"fritt` !tYA C"llizenox Cw" -4.N& no ii r111M '[ a ityls MW mole aw TM � "WAD VA1.[1" A "UAL WA TMV kf VK W15L"MWT& VSWIL 5l M t 'HisAMU"A"7ML%0jr AN.M',,U.%VVS'TEWAWAA�CrV0* P.AM PARCEL OP "WpFR7'7f to oil .1k%Vssm. mp9crm PWA1W`I m, , OF TM Iird M%L AWI-E+HCNtAL NON40 VAIARB,'11 ASMMWW 1 UEZ I T= AW IC+t 4'f"Yhi k ICES1' SP.inla AltfA JFBTABLLSOV40 A. Pr11RX MARM TO COtV MM LMVOSUW% OF r1M PROPOl1%D WAM ASSRiNgM ATM T31I tlf1tr11OD OF WFA COLUX-1`10M DIREGKIN[i r "R P*&VMtM kW NorjVr VV CONIVIrt_'CION "1FM WffR-, A" 1 13r1CAKO"UME DAIT, t lRFl4t]ttrTlo #f r41SRt7AR1rov(fn"nccr%tmb'arc#xM%( mO COMM, FIJOMA, ISLATING TO TOP FROVI!tION 1W WA±f MWAM SM VItz Tr! y"FE911as, onC7RIMNG r"s SYSM14 DEVEWFWM FM ' totLtCrlfHit COStS MIM ilit>i O"rnR Tirp" Alft-4 10M OF THS , N[7"D VA ORRfif AWMAi. WA�'WA7ER�; ifl'f17iYFEWUttnWfi: T11kAAWIlIQ 011TBR,ni(1P g1'L'FOA'1'IrItANX1 "WAa4S_4ftrAFA1'RM 4 iLACK PAMML OF PROWERCY TO FKAM $9M D1W'dCl1i'Ff.' P'REPARATKIN OP TEM va AL vvPPrFdfdAh'A& NON -AD VALi1RltM A 1ENT RL1r.L MR pkornnW ADDIM TO 1110k SFIMET AREA IN 1AiftWW 200.01t "! brvEwna at" Tilt PRioR A5SGr5ly14ir7 r %oLL roe 'rills [.'iiDt m 1 1i taONAL T"PR 1M AliDS SERVICE AR1t,A; tl. ArRLiS111.'�Fr lrli!! " iIKAWNG TO COWWRR t'.HPIf!iM(K OT THE Pft0Pr �D ►Y AT1tA AS8tWWZ r8 AN*'nWL% fI°Md0 01 !'APiR COLLVMN, 111 L'YINC THZ PRMtS1oN OF NWICK IN CONNE(TION THEiRK%TrH; AND PRO'VID- Ctl{3 A14 tFFEMVL. D41B. ARI?SOtIfTd[1r<CEFT1119 ETOAItUiI$ Ct3t.''RTY C'URihf15.9IC11YER.i [�. +crHtNt� FLI)A[DA. REi.a1rL*iG rEs 3�e. PROYE31ri:Y O� wA14iEaRATE1!!�,'i'" VWE To PROPBIiijM 1 fNG 'tat 81'$Tt?hi 1lEVEiaPM�{T Ate• C t1L 1 FA"ri[i6'1 OWN on To O''rotR M AND CoNinmoiIF 4 N N4D VAt,Bltf l4i,%`IWAL it'h,R'1le WA7 Eft ASfflM 14U1fSr Wr THlS11111*1frAND'ttRiia0rTt1f 1N*FAt*A5tllWATKRi $A� �I„Et. � PR{)PEAri1l I't111'1V ASSES-e11id;11lri$C7IT[Ci PIIEPARAxia1!' OF'!t!E triRtiAb iT�Fl.��1XV iCC Tai1'ri fill VAL[i1e�1 J1S111°lYr I1t11 t.' FOIL PROPIWM AVDM TO 799 9F2VIC E AREA IN 1ANVARY IOLS . %NCE T"" PRI011 ASS "VirS7 ROIL FOR THE tCttlfx"M RELCIiONAL 01111 0- MILANO* 3"6'ICX AAEAr MAM19MNO A Pt19, M: BP.ARM TO CO "IDEEI 0lfl"OWMN OF 'I-HIr PROPOSM WASMWATBR ASSRS11h1kM AND'1" a1F S00 Of WM CCiLIWM! 1 VMC1'MAt T11E pRVVfl11r11'r VF ! O(Wt IN C MNN€C'"ON TEIE,REWMI AND FRIfVWL .t INC A14 PYFEiTIVE DAW AgF�tiLt1'r�f7tl OFiI� BoAgD C1f+C'+�Lt"w'TY[:[31it�ii55rOi4`F.R,4 OF w4iINROt�e, F[►�[lrtA,>YSLATIISG TO TIM P"VISTON OF WA$rIWAA M 9ELRr Vxz �T 1 t8t!CCi Ti1>4 SYSrtillr �f'1r FItE ' �I CYO k" Tim CnfwR WAL ANO t!l7fV17r1EhN'S OEr`Tmi — W11-ADVAIIJI31111111MANftAi WII. nWAIT R AhS 5010"t OfAK1=R'�[# "WAINAiIiPi'MWITANIO rM4L"ir"WA.`nWAT tAS8VW1llVTi+M t Mff PAIWOI. 01 FROpP,irn TO Rl; A&W&1911; DWCr71rtCi3 PWAk&") i OF THE rNrnAL NOi4AD VALDItAM ROIL ' ma vvcrum wr PA146lw, F(m u AM1Sff1rtr1'R' 4CrlX Stir%1= F MAII.tYdrlTi A1YFi1 talifirlCB.[7;ARtlI�AT1Oti�9 WE£EfF MAC , l3Qii-PA'Y1►Myr 1W 'ESiA1i.5RiE< c A. E' imc 11RdR114G;T1f CT*MrWR IMPG '1" 1111'rW PRO"M'WA!"T%% iR AS:`f2SV4F1A'1'$ ; AND TIM i►HrM:� OF TMM C'tXLEC"II" bt1WL11N{: THX MOV1901: !]VitlCFC1[� IIA tY1lt€h`LCrif7r+i TE3t•�e1�7W1T'A; A.'iIf PRAM1'iDiNGAll4 tr1't?P.CrIVL DATL The seoLai efty" bwmim for yeti lee m% b as deldioxtrd in IteC meta pkm nodoi elrg M"A by t1w Baud of C'oufir rommms:oom on Jasm ay 29,2W a and updated air halt 1 q iDi21ly1Relaoflrticla7tfd.19?tif'1{L,rrdi�>ist',c�-oata�t.C;�au� SaafclaAlr�tt� Itrrufraaerrlva, l9�k-3D}1;t',]tdjaeRrnit::rnrraltaem4�er Iptaada�SxJa!'e+r}S fuasstaA twams drat rodnt tits mqp s.' lrarw nsseastnea: lnrr l am IQ ba mo&d w a nct oe file wztb the proWity appmmy fnVom, zag the adupdan of thia reaaiuum Ad tdfa and progxtly ermwss bav* tl a r abd pmvide i*9 a dr lwwu4 and msy 15W iYrl!!m objeak t; wilh the Corla[ryt Ai mimisitatar say tmx Pdar to t1w poblge rmvriag. I%e Faellltles Plan t1h be Viewed bd dw Malice Cmm«v wt%fte hWjh..r+r.rnetttoarauu►r iF.�ratirAtotaafrmCRnerri. i ,ADA Ar W,4 %M I]'] der me a ptlarrr wfAh a ►fis Way why aeadr VnW aeseras be orderropaneripwefnrAtrprow"#gF pkmwLvemrfMeCovmyAAm&hVawr3t9kiII, ?files f3$J) J92-Asir bwmna 411e Aawo 4 00 am. - $.avpOr., no Amer *= Jaw caimds►ir1"Pfeo.mi t **VArfa(a to A)r,4jr-arAMPftOtftkeLepadeatR00-M1 baind at tev Vihrt Fkutrta IN$ 3M day ofq' ..101,1. ,1 MAY Ri"s,+WLIN, C k t oftbaC1rcWCalal rF=T ewe tilgrio Clerk of ibe Hoed of Cnemtf 4� t rY Y1� l.'&MAbDown of i1 . myl t i-C> ir?, Florids r s*et;srr.err_ ..arn5-cra-ia �✓nr THE REPORTER NQTICE Ofn�yi7�'+E�7N`7ip`�I4]{Ny� TX) C(�N sIDER a T RSIN LTI 05 P.©. Box 1197, T averttier, Fl 33470 +y��4 hciL `i- hGy 'IS HFYHEIitY cxv TO A anK r1 MAY CRNCIE RI3 tm �►fsy 13, m u 92655 Over-= Hwy, Tavemier Fl 33070 ! * sr +wwoR tbasattlf as ouar be t -nL at fps MO." ti, r cbm G at arnagsnt l'honr3fl5-$52.3216,Fax3US-8S2-0i99 Caaas;I m"Ovem"movw," C Ror! LheacardofCarmy Commis+room a !N`mra+e Ciao , Ftwwa, to Ofbe&4 ' rP =Shia sppw%ml of the frllaaiag fpur (4) f'Aaw7r RCsnW�' PROOF 0. PY' RU "jN A RESOLfFi7ON OF THE t1OAYi► COEIi�TV 6& rtl�SfsiMOJ+fib41 COUNTY. FLORIDA. RgLAIING TO T U PROWN[WL F-WAS{'S. ATIER WR1r. STATE OF FLORIDA VWKITO PIWEWft 09SMUMM THE SllMOR4 DPVAWM BNT Fir C01AACTION CMT5 AND TRS 107MM TEM AND CONDM MA OV TW . COUNTY OF MONROE NO WAD VALORn1l A13rjDALV t""A77tRA&=VM1L*F-M' LWAR ISHM Before tba rntdcrs` ��Y X-=Lli + appeared WAM TOAAMA111�7'A�NWTIMMOF &WMALWASTIM FOR LACy#giyP�*KM OF p^yq v�q'7' TO OX A85XSW1 MWARA+l �G � who ionth a oa" that he is PUBILLWER of ilia THE REPORTF,R, a weekly newspaper G!F �•e� INMA e A . $0�i: VT1, ROLL,T � �Xr ,. FOR �l'16RPWS �YF k"P WK% TW 7AST �e RM POR CkR'11TF1DUM M UVW9 ARM'� KgLiC i�� in Taveraier, in Munroe Cotraty, Florida: that the attached copyo f A HFARDCG7O CONSM IMPOUrM OF TU PRO OSIIA WASTBWATSR sdvertisemett wasASSMiOi.Sn Published in said newspaper itt the AM TW M OV' JHEtR COLL�OR # O THE PPAIVMDN (W IN CVNIO issttes of (dare(,) of blircvion) -NO77M MQW 7'HEREWTH; AlVs PROV%- INN AN ) t-rFVE DATE, tJ� ARKSii1dMON OFT= 90AMOCWCGIW47T CQJ7Al1SitFit hMtS OF MONRUK COi1NT%SLORIOA W4 AMM 10IDL PROWWON (BiVAb7' WAT94 SE&- r VICE TO PROV901 ; OCKUMM.TRE SYMXK DEVXLOPI«RrT;` Fes. CQi k�W[zvT1N CQM AM 78R,MUM TKOMAW CQWrKM CM NON -Ali VAL411M ANNUAL WASTIMATOA3R2MNMSi Afflats fwhe- says that the said THE REFORTER is TSSAMOETriiANDT$,Rll OFTMl AIYNUALiYAfiTV YATVtASfiE&WWWRi. EACH PAR['M ON FRC1MRW To BE ASU35MeD a newspaper published at Tavernier, in said Moncao OFTAX INIMI, 4Z7ftSWATAL NON -AD VAA.OtEEM A85MMENPT ROLL County, Florids, and that the said newspaper has FOR PROPIRM ADDED TD TWL SIMWICE AREA IN iAiiWART ZW 08 heretafars hem canlinuornI herd oe Ca y P uhlislted m said troy, Fla ida, each week (an Friday) OTVF� *PM StWA THE PRIOR AS�+VT ROLL FOR TIM CCDJOI: REGIONAL INNER *LAW SERVICE ARFLI; SaTaUSWNC A PUBLIC SEARING 'i'HR wW has been catered as a second class mail maum at the TO OF Pmros n wAs'r6WAi'631t ASSF'SOMENTS AND TO M" OF TXM COli t-sG"MNI AIRS 'nNG Post otam iu Tavouier, itt Monroe County, Florida, THE SON OF NOT= IN COh-!Y$C rN)N TMUt9WT1'i#; AND PROVID- far a period of one year nag preceding the irra IWAX EFFFC WE DSM publication of the attached copy of ads=ertiaemcgt The afFfant Kwher says that he has neither A KLSOLUIFG7N Of T BCKWApCOLTh7Y CYyb[14[1tMI{M IDF 1l ON C0bT,iT7°. F7-QRIoA. RPd,ATJlNG TO PROMS paid aor Pmmlsgd My PeFX4 firm, or corporation any THE . OVWASTEWA.TVR VICE TO PR[}PS4,T4h; OF.sCAMNG TW hYSTEM E18VXt0vAUN1' FEE, diuvmlt, rebate~ commission or refund far the COLLS[.'17ON t:`[LM &NO TW 0=4 TiR9RMS AWO COMMONS OF THE ptupasc of SCCyrinp this adY$ttscmenl for NON -AD VAW SZM AMVAL V{ S6T9WWATER � Wr Fublicatiou in the said newspape(s) and that The iidE RMRI'ER is in full ii11r AMOI'Pl�ANO nMM OFMA11 NVALWASWW Rif EACH PARQ;L OF FROFZRI tf TO U AA5bj.$WW4 lF1RF�[[�[4i>'REPARATTf�f comptiance with L7rgw (]3t TEM'13UMA.i $LWG61bf WAL NONAP VALOREM �i boil 5Q of the Florida State Stoma an Legal and Official VOW P$diaiR7`I[� ADOM TA To SERVICE AW IM 4AWAR'Y 2W OR Advwhwg tarots. DEVFWPM QWV THE PRIOR AMW4VU R= ROL IM CURs01r SW40NAL OLtnW 1SLAl+gk9 SWPW.9 AU.0 X$TAitn�,�,WipsrsurG A FUJI .[C AXWC- TO CONSIDRR It►i>f'1151'rW OF TVIV MQMM WASTEWATER ' AMS&NMM A" Tu Mom`pF THM DO[. JAMON DUU tTNG THE PROV[N"M OF NOTICX 94 CWR'tEi FIE)`!' THE""14 AM PROVID- A,4LSOXA l7ON OF THE gaAM91 QM NAY rukwmamm G)P?t#QNW9 Swarm to and subscribed ore me vies ToY. m W MtvT Fes, � ��' r 2fll3 eOi.1.E�["i'i % � A 'MM D'r#FdIC TLM AM GC#'1 OW OF T14. (SEAL) MWAP VALORM AWWAL WA&1'Rft77i6 AMUSMOrM 11$Ti Air Mrs G � / f • ' iR$ AD�++INit7�'►! LFF'R� Ai�PfQAL1�ASiR'WA�iE,A�±' iRip • Ri14;O:eARI�I. Dk �P1CRiY T{RIiHASt �PRBIA.pwTlL11C 09, TM UUTIAL ST�PFLLV NI4 NON -AD VAIAMEM �T ANT ROLI. /��''` 3 f � f c Gc a FOR VWXTU" OUT ftRti M FR WUWK A893MUZIoT KMCM WEM NMAxi W 1W IOU ANO FO'R WM R CtAXWCATION 35 NKEDW TO ADDitW Nateey VX•PAYME T (W ASSEMMM, WAB W.A- K''WX ZLAXiNG TO CONWU MOOSMON OF TER MGPQWD WAMMAT£R ASWAMIE 'M AND WE MAD of Tam OOLLgc7wm DU MG MG THE PROV'1 �,� ba WWEELY� IN CONNIC03N TMWWII'C1i; AHD PRtiV7p M AN VFFyYr ! K. 9t1#t+FO7O77CR E,No# 2A14ttar[al iaviee ttagmday Far u ddbeca�l oa Mesadr Pfm t oeruiax stq sa the L'pdato9aadmliAnramrytiJ;faUntaw�rt appraved by d* Hoard of Cninay C m�Awamren oa T� 2t1. M and up&W4 as July 1ii, 2f:12}ryit�wlWtDirlVa JyT-IOJ3{CudtpeF,pgia�C�df+mRi?�imdaScnusJlrpe�and Rswlypofr-,'1ro 1>+�1Gl2 iCmOOo R�rors},Cexamiiaa¢ OuhrJslmtdr SrsyiceArtal.. FrpKt:lara tYPSrCL�i rktASYtbWS t1tR 14 71a1. aft VMS-Mv; 04 be: mailed jopmw ae fiGrw� �'a�+l+erty a>+prascr follcYipg {}ha dun of fhe0 n"staluNaa AV p ropcm t: wrAn Ggive a right to eppew sat provxte gra sr the hrmv% cad rosy^ MO -Amw °� with tho Cry Alm vV pmerx to rtta paM*=--g. lire fadbgai Ha can be viiv as dam t omao Co" win" st hfipl�eea�y-[Lt�+IDqcomeatCxarerl. ARi.ASYZ=4PW&— �fYM 4" a pa =w werh a dbaA000 who not& ap 6w rocvrgr -UWW- M order mo jaw4co ►ia ehbr mea ,pksoir aaawootrCava y.l�r S OPM by p+ q fjosl M-"", bawa m bu how* of ago am. - S;e" p.a.., no Aster Aan Jlvs (1) -kxdN owpmry dw -dod-Wa gx-- irpwsrc t eau 47Jd • hated at Witt, t'Za VIA gurt 3.r4 day of trf>ry, 2013 . m = AKY FWAVRIN, Crane of the Cacwr C" Am raid ar offido Cwk of the Board oGC-My CvrranisaiauQa of maw ,04 Coawy Mride - .. Pub4,de6ihii�eporrsrOSi'y-53 BOARD OF COUNTY COM USSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 2012 Division:. Public .Works/En"m erring Bulk Item: Yes _ No X Department: Wastewater Staff Contact Person: Elizabeth Wood 453-8795 AGENDA ITEM WORDING: Public hearing to adopt the Final Assessment Resolution. (FAR) describing the method of assessment for properties in the centralized Cudjoe Regional Inner Islands wastewater service area. ITEM BACKGROUND: In accordance with section 197.3632, F.S., setting the uniform method for the levy, collection, and enforcement of non -ad valorem assessments, the local government shall bold a properly noticed public hearing to adopt the FAR imposing the assessment rates and approval of the non -ad valorem assessment roll. The Inner islands include Upper Sugarloaf, Cudjoe and Summerland Key. PREVIOUS RELEVANT BOCC ACTION: At the June 20, 2012 BOCC meeting, approval was granted for Monroe County to adopt the centralized Cudjoe Regional Inner Islands Initial Assessment Resolution and to advertise the public hearing for adoption of the FAR for. same. At the April 18, 2012 BOCC meeting, the Second .Amendment to the September 6, 2005 Interloral Agreement was approved authorizing the Ievy of a System Development Fee (SDF) of up to $5,700 per Equivalent Dwelling Unit (EDU). Resolution 440b-2011 was adopted on December 1:4, 2011 renewing the BOCCs intent to use the uniform method of collecting non. -ad valorem special assessments for the cost of providing wastewater services. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated. TOTAL COST: $36,000 BUDGETED: Yes X No COST TO COUNTY: SOURCE OF FUNDS: MSTU REVENUE PRODUCING: Yes X No :AMOUNT PER MONTH Year $1.25M APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Doe# 1898719 09/22/2012 9:28AM Filed d Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE t RESOLUTION NO. 197 -2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER CAPACITY; IMPOSING ANNUAL WASTEWATER ASSESSMENTS; APPROVING THE NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 15, 2003 the Board of County Commissioners (the "Board") of Monroe County, Florida, enacted Ordinance No. 027-2003 (the "Ordinance"), to authorize the imposition of special assessments to fund the cost of wastewater treatment capacity; and WHEREAS, on June 20, 2012, the Board adopted Resolution No. 173-2012 (the "Initial Assessment Resolution") relating to the provision of wastewater service to properties in the Cudjoe Regional Centralized Inner Islands Service Area, describing System Development Fees (SDFs), collection costs and other terms and conditions of wastewater assessment for properties located within these areas; and directing preparation of the preliminary Non -Ad Valorem Assessment Roll and publication of the notice required by the Ordinance; and WHEREAS, pursuant to the provisions of the Ordinance, the County is required to confirm, modify, or repeal the Initial Assessment Resolution, with such amendments as the Board deems appropriate, after hearing comments and receiving objections of all interested parties; and WHEREAS, the Non -Ad Valorem Assessment Roll has heretofore been filed with the office of the County Administrator, as required by the Ordinance; and WHEREAS, as required by the terms of the Ordinance, notice of the public hearing held on the date hereof was published, a proof of publication being attached as Appendix A to this Resolution; and WHEREAS, as required by the terms of the Ordinance, notice of the public hearing held on the date hereof was mailed to each property owner that could connect to the wastewater system, an affidavit of mailing being attached as Appendix B hereto; and WHEREAS, a public hearing was held on the date hereof and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance; Doc# 1898719 Bkq 2588 Pg# 739 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 125, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution as defined in the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. SECTION 3. MODIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. (A) For purposes of clarification, the term "System Development Fee" contained in Section 1.01 in the Initial Assessment Resolution is modified to read as follows: "System Development Fee" means that portion of the capital cost of the wastewater system being assessed to each owner of a Tax Parcel up to a maximum of $4,500 per Equivalent Dwelling Unit (EDU). The number of EDUs for residential properties will be the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of adoption of the resolution. The EDU Allocation for non-residential property is calculated by using the highest three month average water consumption over a three year period and dividing it by the average "1 monthly water consumption ' for a residential unit. For the purposes of EDU �J Allocation, the average water consumption for a residential unit is 167 gallons/day. (B) As so modified, the Initial Assessment Resolution is hereby ratified and confirmed. SECTION 4. APPROVAL OF NON -AD VALOREM ASSESSMENT ROLL. The Non -Ad Valorem Assessment Roll, a copy of which is attached hereto as Appendix C, is hereby approved. SECTION 5. WASTEWATER ASSESSMENTS. (A) The Tax Parcels described in the Non -Ad Valorem Assessment Roll are hereby found to be specially benefited by the provision of wastewater capacity in the amount of the annual Wastewater Assessment set forth in the Non -Ad Valorem Assessment Roll. The methodology for computing annual Wastewater Assessments described in the Initial Assessment Resolution represents a fair and reasonable apportionment of cost among the Tax Parcels receiving the special benefit and is hereby approved. Annual Wastewater Assessments computed in the manner described in the Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described in the Non -Ad Valorem Assessment Roll at the rate and for the term designated for each Tax Parcel in the Non -Ad Valorem Assessment Roll attached hereto as Appendix C. The initial Annual Wastewater Assessment will be included on the ad valorem tax bill to be mailed in November 2012. 2 Doca 1898719 Bkq 2588 P9N 740 f�(B) ' Pursuant to the Uniform Assessment Collection Act and the Ordinance, the Wastewater Assessments shall constitute a lien against assessed property equal in -rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the Board of this Final Assessment Resolution or an Annual Assessment Resolution and shall attach to the property included on the Non -Ad Valorem Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. (C) As to any Real Estate Parcel that is acquired by a public entity through condemnation, negotiated We or otherwise prior to adoption of the next Annual Assessment Resolution, the Adjusted Prepayment Amount shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the BOCC of the Annual Assessment Resolution and shall attach to the property included on the Assessment Roll upon adoption of the Annual Assessment Resolution. SECTION b. COLLECTION OF WASTEWATER ASSESSMENTS. The Wastewater Assessments shall be collected pursuant to the Uniform Assessment Collection JAct. Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the County Administrator shall cause the certification and delivery of the Non -Ad Valorem Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 7. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the reasonableness of the legislative determination of special benefit and fair apportionment to the assessed property; the reasonableness of the method of apportionment; the enforceability and accuracy of the calculation of the initial rate of assessment and the preparation of . the initial Non -Ad Valorem Assessment Roll; and the validity and enforceability of the lien of the annual Wastewater Assessment), unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board action on this Final Assessment Resolution. SECTION 8. ASSESSMENT NOTICE. The County Administrator is hereby directed to record this Resolution as notice of the Wastewater Assessments in the Official Records Book in the office of the Monroe County Clerk of Courts. The preliminary Non - Ad Valorem Assessment Roll and each annual Non -Ad Valorem Assessment Roll shall be retained by the County Administrator and shall be available for public inspection. 3 Doca 1898719 Bkq 2588 Pg# 741 SECTION 9. APPEAL PROCEDURE. (A) EDUs were allocated for Real Estate Parcels requiring wastewater service within the centralized Cudjoe Regional Wastewater Service Area based on the Property Appraiser classification of residential parcels and the water consumption for non-residential parcels. The appeal procedure attached hereto as Appendix D is hereby established for an owner of a Real Estate Parcel to challenge the treatment of the property for purposes of the assessments. (B) Notwithstanding Section 9 of this Final Assessment Resolution, any appeals for the 2012 tax bill must be filed by July 18, 2012 as described in the First Class Notice, a sample of which is provided in Appendix B. SECTION 10. PREPAYMENT NOTICES. The County Administrator is hereby directed to provide notice by first class mail to the owner of each Real Estate Parcel described in the Assessment Roll of the opportunity to prepay all future Annual Assessments, without additional financing or administrative costs. The notice, in substantially the form attached as Appendix E, shall be mailed to each property owner at the address utilized for the notice provide pursuant to Section 3.04 of the Initial Assessment Resolution, as amended herein. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 18'' day of July, 2012. Mayor David Rice Mayor Fro Tern Kim Wigington Commissioner George Neugent Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) Attest. DANNY L. KOLHAGE, Clerk noc" 1898719 M 2588 P90 742 Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA A_ . d By: < MayotThairperspn Appendix A i Proof of Publication (to be inserted upon receipt from the newspapers) DOC# 1898719 BkV 2sa8 Pgn 743 A-1 iD "D KEYV.WEST STATE OF FLORIDA 7W@M*ef &Moo0,WDoWMNra�srWEst.IV* COUNTY OF MONROE- Cooke Communications, LLC Florida Keys Before the undersigned authority personally appeared Randy G. Erickson, Key Welk F.i box 1800 133041 Ke who on oath says that he is Vice -President of Operations of the Key West Office .... 305-292-7777 Citizen, a daily -newspaper published in Key West, in Monroe County, Extension ........ x219 Florida; that the attached copy of advertisement, being a legal notice in the Fax ....... 305-295-8025 matter of legals0keysnews,com INTERNET PUBLISHING kJ keysnewsom keysnews.com cc � �-31J Nd � f � �SX Ssm �!� �SC3 t U.h: S floridakeys.com r�.� f .�, /1�N�t` key-west.com Web Design Services was published in said newspaper in theissue(s) of NEWSPAPERS f i 1 U/j L a LJ l 3 l r U The Citizen Southernmost Flyer Solares Hill Affiant further says that the Key West Citizen is a newspaper published in Big Pine Free Press Marathon Free Press Key West, in said Monroe County, Florida and that the said newspaper has Islamorada Free Press heretofore been continuously published in said Monroe County, Florida every Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key MARKETING SERVICES West, in said Monroe County, Florida, for a period of 1 year next preceding Commercial Printing Citizen LocalsCardcopy 1� the first publication of the attached co of advertisement; and affiant further Direct Mail says that he has neither paid nor promised any person; firm or corporation any FLORIDA KEYS OFFICES discount, rebate, commission Or refund for the purpose of securing this Printing/ Main Facility advertisement for publication in the said newspaper. 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 citizenri keywest.com Signature of Affiant Internet Division 33040-3328 Tel 305-292-1880 ) Sworn and subscribed before me this day of k tU Fax 305-294-1699 72012 sales@keywest.com Upper Keys Office ptp�y r DAWN KAWZINSKY 91731 Overseas Hwy Notary Public: NOTARY PUBLIC Tavernier, FL 33070 _STATE OF FLORIDA Tel 305-853-7277 r Comm# EE157233 Fax 305-853 0556 4 n, ONCE 19�$ Expires 9f4/2016 freepress@floridakeys.com iJl/1J�j { Fi Dawn Kawzinsky Expires: 1/4/16 Notary Seal Personally Known x Produced. Identification Type of Identification Produced KEY9WESrSTATE OF FLORIDA COUNTY OF MONROE Cooke Communications, LLC 310 appeared Randy G. Erickson OR PUBLtC;NAFIINGpCON'�ER5perations of the Key West � e N ASSESS T RESDL ION -;t, in Monroe County, Natfci Is°HERi;YsGr FH TD WHO omr inners a€Mlioe! pC�rldabeing a legal notice in the ,- n IuI 18 2U 2 6e n 6 P: tha a r Key tillest; 3Q4R, cans er #r .D e: avern en n ar, ZUU � roman vedue k �� ,It' HEpDa;QCD 7YG Sl0F' a ,. 5iE AT p E11 C0 N ^s pl3S Q d,PpRtlV1liE N L A OCL 1 e for " e r n s7nal.. ssmaN �! S L9"NL S yt of },en is a newspaper published in rnd that the said newspaper has I Monroe County, Florida every 1 matter at the post office in Key period of .1 year next preceding 3vertisement; and affiant further person, firm or corporation any the purpose of securing this paper. _ , Signature of Affiant of ` Fi) I L� , 2012 �}RY DAWN KAWZINSKY t NOTARY PUBLIC ;STATE OF FLORIDA Comm# EE'157233 HCS 19�� Expires//412016 Notary Seal Type of (�Cltuit%r�.i�s... Appendix B Affidavit of Mailing B-I AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared ELIZABETH A WOOD, SANDI MELGAREJO and CHARITY MOORE who after being duly swom depose and say: 1 I, Elizabeth A. Wood, Senior Administrator, Sewer Projects for the Monroe County, Florida, ("County"), pursuant to the authority and direction received from the County Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing and publication of notices in accordance with Ordinance No. 027-2003 (the "Ordinance"), and in conformance with the Initial Assessment Resolution adopted by the County Commission on June 20, 2012, (the "Initial Assessment Resolution"). 2 Sandi Melgarejo, Project Coordinator for GSG. GSG has caused the notices required by the Ordinance to be prepared in conformance with the Initial Assessment Resolution. An exemplary form of such notice is attached hereto. GSG has caused such individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the County expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be Issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear atthehearing and to file written objections with the local governing board within 20 days of the notice; and the date, time and place of the hearing. 3 On or before June 27, 2012, GSG delivered and directed the mailing of the above referenced notices by Modern Mailers, Inc. ("Modern Mailers"), in accordance with the Ordinance and the Initial Assessment Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Monroe County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Notices to property owners receiving multiple individual notices were mailed, or caused to be mailed by GSG on or before June 27, 2012. 4 aao(i� is r r��J !df Modern Mailers. As directed t above, Modern Mail s, mailed or caused to be mailed on or b ore June 27, 2012, the above referenced notices delivered to Modern Mailers by GSG. FURTHER AFFIANTS SAYETH NAUGHT. A RV& Eliza oetA. Wood Afflant Sandi Melgarejo Affiant C� �'Y-\______ Affiant STATE OF FLORIDA COUNTY OF MONROE The foregoing Affidavit of Mailing was sworn to and subscribed before me this 73rkday of July 2012 by Elizabeth A. Wood, Senior Administrator; Sewer Projects for Monroe County, Florida. She is personally known to or who has produced as identification and did take an oath. �rPrirlrrrillrtrrriilr PlklPPrPirrrP.ralrrrra�rr DONNA J. HANSOM Comm# D00891641 Expires bU512013 'Kra Uii�°S. �1f1r1G: lv"ryllssn., Inc M [lE[Il ■P[}rrrr rt.........rarr.... 4 r l.- It Printed Name: -DONN, A H..R�J Notary Public, State of Florida At Large My Commission Expires Commission No.: t 9 l6 /// STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of July 20'i2 bv_5�_ M arejo, Project Coordinator, Government Services Group, tnc.,She is p,pr pally known to me or who has produced as identification and did take an oath. TAMIWYPETERS Commission# DD 92.1344 lrxpines August 31, 20i 8 R,,, 6sdea7huhcyFdnl�swtgl�7,EbS�7J1P STATE OF FLORIDA COUNTY OF LEON 6xft P'CtU1-'0- Printed Name: ��CmrlmPd'e� Notary Public, State of Florida At Large My Commission Expires Commission No.: -lbD �7,Q 13 The foregoing Affidavit of Mailing was sworrt-to and su scrlbed before me this ' day of July 2,012 by(J)"�Z. Ma`s , Yt''ryri O1an (Y- for Modern Mailers. He/ a is ers 11 Known to me • r who has produced as identification and did take an oath. AN TAMMY = PETER Printed Name: L1ztk, `e�krs _: Cmsort#OD 92i344 ,��Ex reAuSt31,2013 a Notary Public, State of Florida At Large My Commission Expires Commission No.:�) .) M1 Monronty Wastewater Dent. Wastewater De �f,-fie"^ ': -r' �•�. Board of County Commissioners 102050 Overseas Highway ,„. 3• I r 1 't i., Mayor David Rice, Dist: d Mayor Pro Tem Kim Wgington, Dist. 0 Suite 2-223 Key Largo, FL 33037 �� F y ��� George Neugent, Dist. 2 Heather Carruthers, Dist. 3 � Sylvia Murphy, Dist. 5 SUMMERLAND KEY FL 33042-4828 Sequence Number: MW-01-1500 Notice Date: June 27, 2012 Re: Notice of Wastewater Non -Ad Valorem Assessments (Inner Area) Dear Property Owner: Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in the beginning of 2013 as required by the State Appropriation. Property owners have the option to pay the System Development Fee for these services as one lump sum (Prepayment) or in installments (Wastewater Assessment) financed over twenty years and collected on the ad valorem tax bill as a non -ad valorem assessment. Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based onwater consumption. for the three year period of 2009, 2010 and 2011. The EDU Allocation for non- residential property is calculated by using the highest three month average water consumption and dividing it by the average monthly water consumption for a residential unit. If you 'feel there is a mistake an this notice, you need to request an EDU Allocation review. For this review, please submit a. Wastewater EDU Appeals Form fot EDU Allocations > 1.1 to the address printed at the top of this notice with a postmark of July 18, 2012. Contact Customer Service at 866-347-1897 to obtain a Wastewater Appeal form, or download it from ht1p:llwww.monroecounly-0_.aoy1forms.aspx. The EDU Allocation for the above parcel. is: 1..0 The lump sum System Development Fee is proposed at $5,700 per EDU, however, this amount may be reduced at the July 18, 2012 public hearing. The lump sum System Development Fee for the above parcel Is $5,700.00. It is anticipated that the Prepayment will be due by August 31. 2012, if you decide to prepay. Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the System Development Fee_ over 20 years on the property tax bill _ No action is required on your part to elect this option. The total assessment revenue to be generated within the entire Cudjoe Region. including the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period is approximately $89.5 million. The County intends to include annual assessments on your ad valorem tax bill beginning November 2D12. Failure to pay your assessments will cause a tax certificate to be issued against theproperty which may result in a loss of title. The maximum Annual Wastewater Assessment is proposed at $538 per EDU; however, this amount may be reduced at the Jury 18, 2012 public hearing. The estimated Annual Wastewater Assessment for the above parcel is: $638.00 You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for July 18, 2012 at 5:01 p.m. at the Harvey Government Center, 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at http:llfl-monroecounty.ciyicolus.comlagendacenter on July 6.. 2012. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing. If you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation or an interpreter to participate in this proceeding, contact the County Administrator at (305) 292-4441 at least 48 hours prior to the date of the hearing, Once construction is complete and wastewater service becomes available, owners of properties with water service will be required to connect to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice. This notice satisfies the statutory requirement for notice or the requirement to connect to the regional wastewater treatment system once service becomes available. Property owner responsibilities including construction of on -site pipes, abandonment of on -site systems, permitting and related tasks to complete the connection will be detailed in the connection notice, The on -site costs described above are in addition to the System Development Fee. If you have any questions about this notice you can contact Customer Service at 866-347-1897 between the hours of 9:O0 a.m - wand 4:00 p.m. LIM Monroe Couniy .Wastewater Dept. A •�_��� ^ ."+� . 102050 Overseas Highway Suite 2-223 Key Largo, FL 33037 SUGARLOAF SHRS FL 33042-3711 Board of County Commissioners Mayor David Dice, Dist. 4 Mayor Pro Tern Kim Wigington, Dist, 1 George Neugent, Dist. 2 Heather Carruthers, Dist. 3 Sylvia Murphy, Dist. 5 Sequence Number: MW-02-1500 Notice. Date: June 27. 2012 Re: Notice of Wastewater Non -Ad Valorem Assessments (Outer Area) Dear Property Owner Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in the beginning of 2013 as required by the State Appropriation. Property owners have the option to pay the System Development tree for these services as one lump sum (Prepayment) or in installments (Wastewater Assessment) financed over twenty years and collected on the ad valorem tax bill as a non -ad valorem assessment. Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based on water consumption for the three year period of 2009, 2010 and 2011 The EDU Allocation for non- residential property is calculated by using the highest three month average water consumpVon and dividing it by the average monthly water consumption for a residential unit. if you feel there is a mistake on this notice. you need to request an EDU Allocation review. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations > 1.1 to the address printed at the top of this notice with a postmark of July 18, 2012. Contact Customer Service at 866.347-1897 to obtain a Wastewater Appeal form, or download it from htlp:!lvrnw.monroecounty-fl.gov/forms:aspx. The EDU Allocation for the above parcel is: 1.0 he lump sum System Development Fee Is proposed at S6,700 per EDU, however, this amount may be reduced at the `'_ July 18, 2012 public beating. The lump sum System Development Fee for the above parcel is $6,700,00. It is anticipated that the Prepayment for the Outer Area will. be due between July through August 2013, if you decide to prepay. Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the System Development. Fee over 20 years on the property tax bill. No action is required on. your part to elect this option. The total assessment revenue to be generated within the entire Cudjoe Region, including the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period is approximately $89.5 million, The County intends to include annual assessments on your ad valorem tax bill beginning November 2013. Failure to pay your assessments will cause a tax certificate to be issued against the property which may result in a loss of title, The maximum Annual Wastewater Assessment is proposed at $538 per EDU; however, this amount may be reduced at the July 18, 2012 public hearing. The estimated Annual Wastewater Assessment for the above parcel is: $638.00 You are inviled.to attend a public hearing to adapt the Final Assessment Resolution scheduled for July 18, 2012 at 5:01 p.m. at the Hanley Government Center, 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available g p g P -t: agendacenter an July 6. 2012, All En the agenda packet for the hearing, to be published at htt lift-monroecounty.civicplus.cam{,-._, affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing. If you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation or an interpreter to participate in this proceeding, contact the County Administrator at (305) 292-4441 at least 48 hours prior to the date of the hearing. Once construction is complete and wastewater service becomes available, owners of properties with water service will be required to connect to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice. This notice satisfies the statutory requirement for notice of the requirement to connect to the regional wastewater treatment system once service becomes available. Property owner responsibilities including construction of on -site pipes, abandonment of on -site systems, permitting and related tasks to complete the connection will be detailed in the connection notice. The on -site costs described above are in addition to the System Development Fee. you have any questions about this notice you can contact Customer Service at 866-347-1897 between the hours of 9:00 a.m. l nd 4.-00 p.m. M MONROE COUNTY, F'LOREDA CUDJOE REGIONAL CENTRALIZED INNER ISLANDS WASTEWATER ASSESSMENT PROGRAM INITIAL ASSESSMENT RESOLUTION (INCLUDING PARCELS WITHIN THE CENTRAL SERVICE BOUNDARIES FROM UPPER SUGARLOAF TO SUMMERLAND KEY) ,Tune 20, 2012 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINI" oNS....................................................................................2 SECTION 1.02. IliTERPR.ETATION........................................................................... 5 SECTION 1.03. GENERAL FINDINGS...................................................................... 5 ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED ...................... 6 SECTION 2.02. IMPOSITION OF ASSESSMENTS................................................... 6 SECTION 2.03. PREPAYMENT AMOUNTS............................................................. 6 SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS...........................6 SECTION 2.05. PREPAYMENT OPTION .................................................................. 7 SECTION 2.06. MANDATORY PREPAYMENT....................................................... 7 SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION ....................... 8 ARTICLE III NOTICE AND PUBLIC HEAR.IN+G SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL .................................. 8 SECTION 3.02. PUBLIC HEARING........................................................................... 8 SECTION 3.03. NOTICE BY PUBLICAnON............................................................9 SECTION 3.04. NOTICE BY MAILING..................................................................... 9 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLEC 1ON........................................................... 9 SECTION 4.02. SEVERABILITY..............................................................................10 SECTION 4.03. EFFECiTVE DATE..........................................................................10 TABLE OF APPENDICES APPENDIX A DESCRIPTION OF TBE CUDJOE REGIONAL CENTRALIZED INNER ISLANDS SERVICE AREA APPENDIX B PUBLIC HEARING NOTICE TO BE PUBLISHED APPENDIX C FORM OF MAILED NOTICE RESOLUTION N0.1 73 - 2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER SERVICE TO PROPERTIES; DESCRIBING THE SYSTEM DEVELOPMENT FEE, COLLECTION COSTS AND THE OTHER TERMS AND CONDITIONS OF THE NON -AD VALOREM ANNUAL WASTEWATER ASSESSMENTS; ESTABLISHING THE AMOUNT AND TERM OF THE ANNUAL WASTEWATER ASSESSMENT FOR EACH PARCEL OF PROPERTY TO BE ASSESSED; DIRECTING PREPARATION OF THE INITIAL NON -AD VALOREM ASSESSMENT ROLL; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED WASTEWATER ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THERE�+VTTH; AND PROVIDING AN EFFECTIVE DATE. NOW, 'THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: ARTICLE I DEFINMONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Adjusted prepayment Amount" means the remaining Prepayment Amount for each Tax Parcel computed by deducting (1) the portion of the system development fee paid by the property owner as Annual Wastewater Assessments from (2) the Prepayment Amount utilized to compute the annual Wastewater Assessment included on the Non -Ad Valorem Assessment Roll for such Tax Parcel. "Annual Wastewater Assessment" means the sum of the sum of (1) the Annual System Development Fee Payment, and (2) the Collection Cost for each Tax Parcel. "Collection Cost" means the amount computed each Fiscal Year for each Tax Parcel that shall be equal to (1) the Prepayment Amount for such Tax Parcel divided by the sum of the aggregate Prepayment Amount, multiplied by (2) the estimated cast to be incurred by the County during any Fiscal. Year in connection with collection of the Wastewater Assessments, including staff administration time. "Board" means the Board of County Commissioners of Monroe County, Florida. "County" means Monroe County, a political subdivision of the State of Florida. 2 "County Administrator" means the chief administrative officer of the County, designated by the Board to be responsible for coordinating the Wastewater Assessments, or such person's designee. "Final Assessment Resolution" means the resolution described in Section 2.06 of the Ordinance, which shall confirm, modify or repeal this Resolution. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County, which shall be the final proceeding for the initial imposition of the annual wastewater assessment. "Initial Asmsment Resolution" means the resolution described in Section 2.02 of the ordinance, which shall be the initial proceeding for identification of Collection Costs and for imposition of an Annual Wastewater Assessment. "Initial Prepayment" means payment of the system development fee without interest or other Connection Costs. "Improved Tax Parcel" means those privately owned properties in the service areas described in Appendix A which generate wastewater and therefore will be required to connect to the Cudjoe Regional Wastewater Centralized. Treatment System. "Non -Ad 'Valorem Assessment Roll" means a non -ad valorem assessment roll, as defined in Section 197.3632(l)(e), Florida Statutes, approved by a Final Assessment M Resolution pursuant to Section 2.06 of the ordinance or an annual rate resolution pursuant to Section 2.08 of the ordinance. "Ordinance" means Ordinance No. 027-2003. "Prepayment Amount" means the amount required to prepay remaining balance of Wastewater Assessment for each Tax Parcel following certification of the Non -Ad Valorem Assessment Roll for the ad valorem tax bill to be mailed in November of each MR "Property Appraiser" means the Monroe County Property Appraiser. "System Development Fee" means that portion of the capital cost of the wastewater system being assessed to each owner of a Tax Parcel, up to a maximum of $5,700 per EDU. "Tax Collector" means the Monroe County Tax Collector. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll described in Section 193.114(2), Florida Statutes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. 4 "Utility" means Florida Keys Aqueduct Authority. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder' and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Article VIH, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, grant to a board of county commissioners all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactrnent of county ordinances. (B) The Board has enacted the Ordinance to authorize the imposition of wastewater assessments to allow payment of the cost to provide wastewater service to be paid over a period of years using the Uniform Assessment Collection Act. (C) The availability of payment options that allow a property owner either to pay an Initial Prepayment of the System Development Fee or to pay the System Development Fee over a period of years as Annual Wastewater Assessments provides a M special benefit to property and encourages the property owner to pay the assessable amounts on a timely basis. (D) Since the System Development Fee and related costs are directly related to each specific parcel of property to be assessed, the wastewater assessment program provides an equitable method of funding the System Development Fee and related costs. ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.41. DESCRIPTION OF PROPERTY TO BE ASSESSED. Wastewater Assessments shall be imposed on improved, privately owned Tax Parcels in the centralized Cudjoe Regional Service Area. SECTION 2.42. IWOSITION OF ASSESSMENTS. Wastewater Assessments shall be imposed for a period of 20 years. The first Annual Wastewater Assessment will be included on the ad valorem tax bill to be mailed in November 2012. When imposed, the wastewater assessment for each Fiscal Year shall constitute a lien upon such Tax Parcels pursuant to the Ordinance. SECTION 2.03. PREPAYMENT AMOUNTS. In the initial year, the amount necessary to prepay the System Development Fee in full for each Tax Parcel shall be $5,700 per EDU. In each successive year, a Prepayment Amount for each Tax Parcel shall be computed annually. SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS. The Annual Wastewater .Assessment shall be computed for each Tax Parcel as the sum of (1) 6 the Annual System Development Fee Payment, and (2) the Collection Cost. The Annual System Development Fee Payment is computed as the unpaid balance of the System Development Fee amortized together with interest up to 3% per annum, over the remaining term for such tax parcel. The interest rate applied will be determined based on the interest rate obtained by Monroe County to borrow funds to complete the projects. SECTION 2.05. PREPAYMENT OPTION. The owner of each Tax Parcel subject to the Wastewater Assessments shall be entitled to prepay all future unpaid Annual Wastewater Assessments upon payment of an amount equal to the sum of (1) the Annual Wastewater Assessment and (2) the Adjusted Prepayment Amount. The amount of all, prepayments made pursuant to this Section 2.05 shall be final. SECTION 2.O6. MANDATORY PREPAYMENT. The owner of a Tax Parcel subject to the Wastewater Assessment shall immediately prepay all future unpaid Annual Wastewater Assessments for such Tax Parcel if (1) the Tax Parcel is acquired by a public entity through condemnation or otherwise, or (2) a tax certificate has been issued and remains outstanding in respect of the Tax Parcel and the County, at its sole option, elects to accelerate the Wastewater Assessment. Failure by the property owner to comply with this Section 2.06, will result in the remaining Prepayment Amount (phis interest computed at the rate utilized to compute the Annual System Development Fee Payment) being placed on the Tax 7 Parcel's ad valorem tax bill for the next Fiscal Year, in addition to its share of the Collection Cost and Statutory Discount. SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION. (A) Upon subdivision of any Tax Parcel subject to the Wastewater Assessment, and compliance with the conditions set forth below, the Prepayment Amount for such Tax Parcel shall be reallocated among the subdivided parcels as described in the Final Assessment Resolution. ARTICLE III NOTICE AND PUBLIC EW.4 iG SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL. The County Administrator is hereby directed to prepare the preliminary Non -Ad Valorem Assessment Roll in the manner provided in the Ordinance. The preliminary Non -Ad Valorem Assessment Roll shall be maintained by the County Administrator and open to public inspection beginning June 21, 2012. The foregoing shall not be construed to require that the Non -Ad Valorem Assessment Roll be in printed form if the amount of the Wastewater Assessment for each Tax Parcel can be determined by use of a computer terminal available to the public. SECTION 3.02. PUBLIC HEARING. A public hearing will be conducted by the Board at 5:01 p.m., or as soon thereafter as the matter can be heard, on July 18, 2012, at the County Commission Chambers in the Harvey Government Center, 1200 Truman 8 Avenue, Key West, Florida, to consider (A) imposition of the Wastewater Assessments, and (B) collection of the Wastewater Assessments pursuant to the Uniform Assessment Collection Act. SECTION 3.03. NOTICE BY PUBLICATION. Upon completion of the Non -Ad Valorem Assessment Roll, the County Administrator shall publish a notice of the public hearing authorized by Section 3.02 hereof in the manner and the time provided in Section 2.05 of the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix B. SECTION 3.04. NOTICE BY MAILING. In addition to the notice provided in accordance with Section 3.03, above, at least 20 days prior to the public hearing, the County Administrator shall mail a notice of the public hearing to each person owning property subject to the assessment. Said notice shall be mailed by first-class mail, and shall include all of the information required by Section 197.3632(4)(b), Florida Statutes. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Wastewater Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of a Final Assessment Resolution confirming this Resolution and imposing the Wastewater Assessments, the Non -Ad Valorem Assessment Roll shall be certified to the Tax Collector pursuant to the Uniform Assessment Collection Act. 9 SECTION 4.02. SEVERABILITY. if any clause, section or provision of this Resolution shall be declared unconstitutional or invalid far any reason or cause, the remaining portion of said Resolution shall be in foil force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 20'h day of June, 2012. Mayor David Rice Mayor Pro Tern Kim Wigington Commissioner George Neugent 'ssioner Heather Carruthers o sinner Sylvia Murphy (SEAL) may. Attest: DANNY L. KOLHAGE By: Deputy Clerk Yes Yes Yes Yes Yes BOARD OF COUNTY COMv MIONERS OF MONROE COUNTY, FLORIDA By: Mayor David R.i c� Lr) a C\1 CY_ 0- CV YQ r� L_ t-4 DESCRIIMON OF THE CUDJOE REGIONAL CENTRALIZED INNER ISLANDS WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Lipper Sugarloaf Sound, on the east by Niles Channel, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 19 and 25.5) Monroe County, Florida. A-1 APPENDIX B FORM OF NOTICE FOR PUBLIC HEARING TO CONSIDER ADOP7TON OF FINAL ASSESSMENT RESOLUTION NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the Board of County Commissioners of Monroe County, Florida will hold a public hearing on July 18, 2012 beginning at 5:01 p.m. in the Harvey Government Center, 1200 Trnman Avenue, Key West, FL 33040, to consider adoption of the; Cudjoe Regional Centralized Inner Islands Wastewater Assessment Program Final Assessment Resolution to impose and provide for collection of a special assessment on improved, privately owned properties located in the centralized Cudjoe Regional Service Area (including Upper Sugarloaf through Summerland Key). Figure 1. below depicts the geographic area subject to the assessment. WWUVAVMW Conb* eaundorks PIC a w rlk UNO SUVftd Us" Mw. c y..Cwr+s�Iprw r ow. awr.orrrr l OF>OJ[lE RjOQNAL CKMALJZFn WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Upper Sugarloaf Sound, on the east by Niles Channel, on the north by Florida Bay, and on the south by Atlantic Ocean (between MM 19 and 25.5) Monroe County, Florida. All affected property owners have a right to appear and provide input at the hearing and may file written objections with the County Administrator any time prior to the public meeting. A more specific description of the assessment program is set forth in the proposed Initial Assessment Resohttion which can be viewed on the Monroe County websft at hhp:1/£1- 1x1Q=moue- .gmcplus.coralagendarenter following publication of the June 20, 2012 BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll is scheduled to be available for inspection on June 21, 2012 at the County Administrator's office, located at The Historic Gato Cigar Factory, 1100 Simonton Strut, Suite 2-205, Key West, Florida following adoption of the initial Assessment Resolution. The assessments will be collected on the ad valorem tax bill, as authormed. by Section 1.97.3632, Florida Statutes. Failure to pay the asserts will cause a tax certificate to be issued against the property which may result in a loss of title. The Board intends to collect the assessments in installments, the first of which will be included on the ad valorem. tax bill to be mailed in November 2012. The public hearing is being held for the purpose of receiving public comment on the proposed assessments and collection of the assent on the ad valorem tax roll. All affected property owners have a right to appear at the hearings and to file written objections with the County Administrator any time prior to the: public hearings, or twenty days from this notice, whichever is longer. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at the hearings, such person will need a record of the, and that, for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. I ADA ASSLYT'ANCE: If YOU are a persax wudr a disability who needs special acconrarodadons In order to pardc4We in this proceeding, please conmct the Count/ Administrator's t7Dke, by phoning (305) 292-4441, between the !roars of 8:30 mm - 3:00 p.mt, no darer than ,fur {S} calendar daps prior to the scheduled meeting; if yore are !rearing or voice hpaircd, call "711't Dated at Key West, Florida this (insert day) day of (insert Month), 2012. DANNY L. KOLHAGE, Clark of the Circuit Court and ex offico Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication as disnlav ad with border on the following,dat Reporter Keynoter KW CftIzen MN APPENDIX C FORM OF MAILED NOTICE C-1 IH�onroE COt�tY s w.stewat� 1DEot 102050 Overseas highway Suite 2-223 Key Largo, FL 33037 *OwnerNameln «DwocrNeme2.» «t4wnerAddi» 4OQwnerAdd2» «City» restate► #Zip* *COUNTRY* Re: FOAM of Notice of Wastewater Non -Ad Valorem Assessments Dear Property Owner - Board of Couft Mayor David Rion Dist. 4 Mayer Pro Tan Kim Wigmgton, Dist.1 George Neugent, Dist. 2 Heather Carruthers, Kist. 3 Sylvia Murphy, Dist. 5 Sequence Number: MW-6,e um-* Notice Data: hie 21, 2012 Construction of the Cudjoe Regional Centralized Wastewater Treat nwt facility is scheduled to commence in the beginning of 2013 w required by the State Appropriation. Property owners have the option to pay the System Development Fee for these services as one lump sum (Prepayment) or in imstallateits (wastewater Assessment) financed over twenty years and collected on the ad valorem tax bill as a non -ad valorem assemneat Each single firmly dwelling unit has been augped one equivalent dwelling unit {EDU). The EDU Allocation for non-residential properties is based on water consumption. The EDU Allocation for oommenciA property is calculated by using the highest three month average water consumption and dividing it by the average monthly water consumption for a residential unit. If you feel there is a mistake on this notice, you need to request an EDU Allocation review. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations > 1.1 to the FKAA Marathon office by (insert date). Contact FKAA'a Customer Service at (insert #) to obtain a Wastewater Appeal farm, or download it from mw.LkM.com/forms.cfin or tnl orms.cfu The EDU Allocation for the above parcel Is:- Parcel EDU: «EDU>> The lamp seam System Development Fee for the above parcel It Bert oak: S70ft=U>. It is anticipated that the Prepayment will be due by August 31, 2012, if you decide to prepay. Alternatively, a wastewater Assessment program has been set up to provide property owners the option to pay the System Development Fee over 20 years on the Property tax bill. No action is required on your part to elect this option_ The total assessment revenue to be generated including the financing costs (if there arc no prepayments) over the entire 20 year period is approximately S . The County mntmds to include annual asses on your ad valorem tax bill. Failure to pay your assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The codwated Annual Wastewater Assessment for the above parcel is: -e50insert max annual> C-2 You are imvitad to attend a public hearing to adopt the Final Asaeaamart Resolution scheduled far July 18, 2012 at 5:01 pm at the Harvey Government Center 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available in the agenda packet fDr the hearing, to be published at http:llfi-mo=22=ty.civicplus.coml mdacenter on July 6, 2012. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator anytime prior to the public hearing. If you decide to appeal any decision made by the County Commission with reapcct to any mxu er considered at the hearing, you will need a record of the procoodings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordanac with the Americana with Duabilides Act, if you are a parson with a disability who weds any accommodation or an interpreter to participate in this priming, contact the County Administrator at (305) 2924"1 at least 48 hours prior to the date of the hearing. Once construction is complete and wastewater service becomes available, owners of properties with water service will be regmrod to connect properties to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice. This notice satisfies the statutory requirement for notice of the requirement to connect to the regional wastewater treatment syatom once service becomes available. Property owner responsibilities including construction of on -site pipes, abandonment of on -site systems, permitting and related tasks to complete the connection will be detailed in the connection notice. The on - site cam described above are in addition to the System Development Fee. Contact FKAA at (insert #) with questions regarding the connection process. C-3 RESOLUTION NO.331 -2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING THE WASTEWATER CAPACITY SERVICE FEE FOR PROPERTIES DEVELOPED WITHIN THE CUDJOE REGIONAL CENTRALIZED INNER ISLAND SERVICE AREA AFTER THE LEVY OF THE NON -AD VALOREM WASTEWATER ASSESSMENTS; PROVIDING FOR A METHOD OF ADJUSTING FOR INFLATION; PROVIDING FOR A METHOD OF COLLECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cudjoe Regional Centralized Wastewater Treatment System herein referred to as the "System" is to be constructed with additional capacity for future development; and WHEREAS, impact fees are normally exacted from future new development of properties but cannot currently be required for wastewater because the capacity for new development for the foreseeable future is included in the System design; and WHEREAS, Section 2.02 of the September 6, 2005 Interlocal Agreement between Monroe County and the Florida Keys Aqueduct Authority, as amended September 19, 2007, establishes the levy of non -ad valorem special assessments as a County responsibility; and WHEREAS, Monroe County levied non -ad valorem wastewater assessments to collect System Development Fees of $4,500.00 per Equivalent Dwelling Unit (EDU) from developed properties within the Cudjoe Regional Centralized Inner Island Service Area as described in the Final Assessment Resolutions adopted on July 18, 2012; and WHEREAS, due to timing of development or changes in use, some properties requiring wastewater service may not have been included on the non -ad valorem tax roll certified in September 2012 or may not have been included for the extent of connection required for the usage of that property; and WHEREAS, in order to provide equity for all users of central wastewater systems, a mechanism is necessary to collect a wastewater capacity fee from those properties within the Cudjoe Regional Centralized Inner Island Service Area for which initial or additional wastewater service is required; and WHEREAS, these wastewater capacity fees from future development have been determined to be necessary to pay towards the anticipated debt obligation incurred to provide future development with wastewater service; and WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those properties within the Cudjoe Regional Centralized Inner Island Service Area which initial or additional wastewater service is required; and WHEREAS, adjustments need to be made for inflation since there are financing costs for the project; and Cudjoe Inner Island Assessment Res. 2012 WHEREAS, the inflationary element would contribute to the overall financing costs similar to the interest factor included on the annual assessment; NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA, AS FOLLOWS: Section 1.0. The following fees are hereby established for wastewater system capacity within the Cudjoe Regional Centralized Inner Island Service Area. These fees apply to new development and re -development for which permits are or were issued subsequent to the non -ad valorem wastewater assessments levied on the 2012 tax bill: 1.1 Residential Service: The wastewater capacity fee for residential service is $4,500.00 per residential unit (EDU) times an adjustment for inflation based upon the all cities Consumer Price Index for all urban consumers (CPI-U) as published by the Bureau of Labor Statistics of the U.S. Government. Single family residences will be charged $4,500.00 times a CPI-U adjustment factor. The base date for CPI adjustments for the Inner Islands Service area is December 2012. The CPI adjustment factor will be 1.0 until the December 2012 and subsequent year CPI -Us are published. The CPI-U adjustment factor is calculated as described below in section 2.0. 1.11 Multi -family residences will be charged $4,500.00 for each dwelling unit times the CPI-U adjustment factor. Wastewater capacity fee = $4,500.00 x number of EDUs x CPI-U adjustment factor (see Section 2.0 below) 1.1 Non -Residential Service: The wastewater capacity fee for non-residential properties shall be calculated based on an estimated EDU allocation provided by the Florida Keys Aqueduct Authority. The EDU allocation will be based on the anticipated volume (in gallons) of wastewater anticipated to be generated by the property divided by a volume to EDU conversion of 167 gallons/EDU. The wastewater capacity fee will be adjusted for inflation in the same manner described in sections 1.1 and 1.11 for residential properties. The anticipated volume shall be calculated based on the State of Florida Department of Health System Size Determinations found in Florida Administrative Code (Chapter 64E-6.008 as of the date of this resolution). Wastewater capacity fee = $4,500 x number of EDUs x CPI-U adjustment factor (see Section 2.0 below) Section 2.0. The CPI-U adjustment factor is calculated each year by dividing the most recent year's December CPI-U (not seasonally adjusted) by the CPI-U (not seasonally adjusted) for December 2012. Section 3.0. The wastewater capacity fee shall be collected by the Monroe County Building Department upon issuance of a permit, or if a permit has already been issued but no certificate of occupancy has been issued, the fee shall be collected by the Monroe County Building Department prior to the issuance of the certificate of occupancy. If a building permit or certificate of Cudjoe Inner Island Assessment Res. 2012 occupancy was issued but the System Development Fee was not collected pursuant to the Cudjoe Regional Inner Islands Final Assessment Resolution nor was the wastewater Capacity Fee collected by the Building Department, the wastewater capacity fee will be collected as a supplementary non - ad valorem assessment to the 2012 tax roll. The non -ad valorem assessment will be collected as a part of the annual property tax bill and will include the opportunity for prepayment. Section 4.0. These fees shall apply to all permits and certificates of occupancy issued after the effective date of this resolution. Section 5.0. This resolution shall become effective immediately upon its adoption by the Monroe County Board of County Commissioners. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 171h day of October, 2012. Mayor David Rice Yes Mayor Pro Tern Kim Wigington Yes Commissioner George Neugent _ Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy des BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORID (Seal) Attest A r�ITI T'`'T9 Clerk y B By: Mayor Deputy Clerk o C-. CD N G O MONROE COUNTY ATTORNEY APP VED AS TO U NNE ��A.y HU1TON ,rip cou'S`- Cudjoe Inner Island Assessment Res. 2012