Item C36BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
4/17/13
Division:
Public Works/Engineering
Bulk Item: Yes
X No
Department:
Wastewater
Staff Contact Person/Phone #: Kevin Wilson/453-8797
AGENDA ITEM WORDING: Approval of a resolution establishing the wastewater capacity fee for
properties developed within the Cudjoe Regional Centralized Outer Islands 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 for an effective date.
ITEM BACKGROUND: The Capacity Fee Resolution (Reso. 168-2011) for the Big Coppitt and
Duck Key Service Areas was adopted on June 15, 2011 and included the same method of collection
and adjustment for inflation. System Development Fees (SDFs) in the amount of $4,500 were
amortized as non -ad valorem annual special assessments on the 2012 tax bill for developed parcels
within the centralized Cudjoe Regional Inner Island Service Area unless prepayments were received.
Collection for the Outer Islands is scheduled for the 2013 tax year. All properties located within the
central service area are required to connect to the central wastewater system, when available.
Properties in the Cudjoe Regional Outer Island Service Area which have been or will be developed
after the initial assessment levy should pay their share of the cost of establishing the system. This
resolution provides the mechanism to collect that share.
PREVIOUS RELEVANT BOCC ACTION: On July 18, 2012 the BOCC adopted the Cudjoe
Regional Outer Islands Final Assessment Resolution (Reso. 198-2012) levying a non -ad valorem
annual special assessment on developed properties within the centralized service area boundaries on
Lower Sugarloaf Key, Ramrod Key, Little Torch Key and Big Pine Key. Properties that were not
developed at the time of the assessment roll development were not included in the assessment tax roll.
On July 15 2003, the BOCC adopted Monroe County Ordinance 027-2003 authorizing the imposition
and collection of assessments on property for wastewater services.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Staff recommends adoption of the resolution.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year Unkown
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
Proposed Resolution
RESOLUTION NO. -2013
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ESTABLISHING THE WASTEWATER CAPACITY SERVICE FEE FOR PROPERTIES DEVELOPED WITHIN THE
CUDJOE REGIONAL CENTRALIZED OUTER ISLAND SERVICE AREA AFTER THE LEVY OF THE NON -AD
VALOREM WASTEWATER ASSESSMENTS; PROVIDING FOR A METHOD OF ADJUSTING FOR INFLATION;
PROVIDING FOR A METHOD OF COLLECTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Cudjoe Regional Centralized Wastewater Treatment System herein referred to as the "System" is to be
constructed with additional capacity for fixture 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
54,500.00 per Equivalent Dwelling Unit (EDU) from developed properties within the Cudjoe Regional Centralized Outer Island
Service Area as described in the Final Assessment Resolutions adopted on July 18, 2012; and
WHEREAS, due to timing of development or changes in use, some properties requiring wastewater service may not have
been included on the non -ad valorem tax roll developed in 2012 or may not have been included for the extent of connection
required for the usage of that property; and
WHEREAS, in order to provide equity for all users of central wastewater systems, a mechanism is necessary to collect a
wastewater capacity fee from those properties within the Cudjoe Regional Centralized Outer Island Service Area for which initial
or additional wastewater service is required; and
WHEREAS, these wastewater capacity fees from future development have been determined to be necessary to pay
towards the anticipated debt obligation incurred to provide future development with wastewater service; and
WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those properties within the Cudjoe
Regional Centralized Outer Island Service Area which initial or additional wastewater service is required; and
WHEREAS, adjustments need to be made for inflation since there are financing costs for the project; and
WHEREAS, the inflationary element would contribute to the overall financing costs similar to the interest factor
included on the annual assessment;
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, FLORIDA, AS FOLLOWS:
Section 1.0 The following fees are hereby established for wastewater system capacity within the Cudjoe Regional Centralized
Outer Island Service Area. These fees apply to new development and re -development for which permits are or were issued
subsequent to the non -ad valorem wastewater assessments levied on the 2013 tax bill:
1.1 Residential Service:
The wastewater capacity fee for residential service is $4,500.00 per residential unit (EDU) times an adjustment for inflation
based upon the all cities Consumer Price Index for all urban consumers (CPI-U) as published by the Bureau of Labor Statistics
of the U.S. Government. December 2013 shall be used as the base index month. Single family residences will be charged
$4,500.00 times a CPI-U adjustment factor.
Wastewater capacity fee = 54,500 x CPI-U Adjustment factor (see Section 2.0 below)
1.11 Multi -family residences will be charged $4,500.00 for each dwelling unit times the CPI-U adjustment factor. The CPI-U
adjustment factor is calculated as described above in section 2.0:
Wastewater capacity fee = $4,500 x Adjustment factor (see Section 2.0 below)
1.2 Non -Residential Service:
The wastewater capacity fee for non-residential properties shall be calculated based on an estimated EDU allocation provided by
the Florida Keys Aqueduct Authority. The EDU allocation will the based on the anticipated volume (in gallons) of wastewater
anticipated to be generated by the property divided by a volume to EDU conversion of 167 gallons/EDU. The wastewater
capacity fee will be adjusted for inflation in the same manner described in sections 1.1 and 1.11 for residential properties. The
anticipated volume shall be calculated based on the State of Florida Department of Health System Size Determinations found in
Florida Administrative Code (Chapter 64E-6.008 as of the date of this resolution).
Wastewater capacity fee = 54,500 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 2013.
Section 3.0 The wastewater capacity fee shall be collected by the Monroe County Building Department upon issuance of a
permit, or if a permit has already been issued but no certificate of occupancy has been issued, the fee shall be collected by the
Monroe County Building Department prior to the issuance of the certificate of occupancy. If a building permit or certificate of
occupancy was issued but the System Development Fee was not collected pursuant to the Cudjoe Regional Outer Islands Final
Assessment Resolution nor was the wastewater Capacity Fee collected by the Building Department, the wastewater capacity fee
will be collected as a supplementary non -ad valorem assessment to the 2013 tax roll. The non -ad valorem assessment will be
collected as a part of the annual property tax bill and will include the opportunity for prepayment.
Section 4.0. These fees shall apply to all permits and certificates of occupancy issued after the effective date of this resolution
Section 5.0 This resolution shall become effective immediately upon its adoption by the Monroe County Board of County
Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held
on the 17s' day of April.
Mayor George Neugent
Mayor Pro Tern Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
(Seal) Attest Amy Heavilin, Clerk
Deputy Clerk
Resolution 198-2012
Cudjoe Outer Islands Final Assessment Resolution
July 2012
MONROECOUNTY 1DANNY L. KOLHAGE of
Dven 2898718
8k# 2588 Pgq 683
! D RESOLUTION NO. 198 -2012
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER
CAPACITY; IMPOSING ANNUAL WASTEWATER ASSESSMENTS; APPROVING
THE NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION
OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 15, 2003 the Board of County Commissioners (the "Board") of
Monroe County, Florida, enacted Ordinance No. 027-2003 (the "Ordinance"), to authorize
the imposition of special assessments to fund the cost of wastewater treatment capacity; and
WHEREAS, on June 20, 2012, the Board adopted Resolution No. 174-2012 (the
"Initial, Assessment Resolution") relating to the provision of wastewater service to
properties in the Cudjoe Regional Centralized Outer Islands Service Area, describing
System Development Fees (SDFs), collection costs and other terms and conditions of
wastewater assessment for properties located within these areas; and directing preparation
of the preliminary Non -Ad Valorem Assessment Roll and publication of the notice required
by the Ordinance; and
WHEREAS, pursuant to the provisions of the Ordinance, the County is required to
confirm, modify, or repeal the Initial Assessment Resolution, with such amendments as the
-Board-deems appropriate, after hearing comments and receiving objections_ of all interested
parties; and
WHEREAS, the Non -Ad Valorem Assessment Roll has heretofore been filed with
the office of the County Administrator, as required by the Ordinance; and
WHEREAS, as required by the terms of the Ordinance, notice of the public hearing
held on the date hereof was published, a proof of publication being attached as Appendix A
to this Resolution; and
WHEREAS, as required by the terms of the Ordinance, notice of the public hearing
held on the date hereof was mailed to each property owner that could connect to the
wastewater system, an affidavit of mailing being attached as Appendix B hereto; and
WHEREAS, a public hearing was held on the date hereof and comments and
objections of all interested persons have been heard and considered as required by the terms
of the Ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMIISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance,
Chapter 125, Florida Statutes, and other applicable provisions of law.
SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution
as defined in the Ordinance. All capitalized terms in this Resolution shall have the
meanings defined in the Ordinance and the Initial Assessment Resolution.
SECTION 3. MODIFICATION AND CONFIRMATION OF INITIAL
ASSESSMENT RESOLUTION. (A) For purposes of clarification, the term "System
Development Fee" contained in Section 1.01 in the Initial Assessment Resolution is
modified to read as follows:
"System Development Fee" means that portion of the capital cost of the wastewater
system being assessed to each owner of a Tax Parcel up to a maximum of $4,500
per Equivalent Dwelling Unit ("EDU'), The number of EDUs for residential
properties will be the number of residential units for that Tax Parcel as determined
by the Properly Appraiser at the time of adoption of the resolution. The EDU
Allocation for non-residential property is calculated by using the highest three month
average water consumption over a three year period and dividing it by the average
monthly water consumption for a residential unit. For the purposes of EDU
Allocation, the average water consumption for a residential unit is 167 gallons/day.
(B) As so modified, the Initial Assessment Resolution is hereby -ratified and-confirme - -
SECTION 4. APPROVAL OF NON -AD VALOREM ASSESSMENT ROLL. The
Non -Ad Valorem Assessment Roll, a copy of which is attached hereto as Appendix C, is
hereby approved.
SECTION 5. WASTEWATER ASSESSMENTS. (A) The Tax Parcels described in
the Non -Ad Valorem Assessment Roll are hereby found to be specially benefited by the
provision of wastewater capacity in the amount of the annual Wastewater Assessment set
forth in the Non -Ad Valorem Assessment Roll. The methodology for computing annual
Wastewater Assessments described in the Initial Assessment Resolution represents a fair
and reasonable apportionment of cost among the Tax Parcels receiving the special benefit
and is hereby approved. Annual Wastewater Assessments computed in the manner
described in the Initial Assessment Resolution are hereby levied and imposed on all Tax
Parcels described in the Non -Ad Valorem Assessment Roll at the rate and for the term
designated for each Tax Parcel in the Non -Ad Valorem Assessment Roll attached hereto as
Appendix C. The initial Annual Wastewater Assessment will be included on the ad
valorem tax bill to be mailed in November 2013.
2
Doc# 1898718
Bkq 2588 P9N 684
SECTION 9. APPEAL PROCEDURE. (A) EDUs were allocated for Real Estate
Parcels requiring wastewater service within the centralized 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
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. to the owner of each Real tor Is hereby
Estate Parcel
directed to provide notice by first classma
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 Pro Tern Kim Wigington
Commissioner George Neugent
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOL.HAGE, Clerk
By: Deputy Clerk
DOC" 1898718
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Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By: Mayor/Char!
Resolution 168-2011
Big Coppitt Resolution for Properties Developed after
Adoption of the Main Assessment Resolution
RESOLUTION NO. 168-2011
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, ESTABLISHING THE WASTEWATER CAPACITY SERVICE FEE FOR PROPERTIES
DEVELOPED WITHIN THE BIG COPPITT AND DUCK KEY CENTRAL SERVICE AREAS
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 Big Coppitt and Duck Key Central Wastewater Systems were constructed with additional capacity for
future development; and
WHEREAS, impact fees are normally exacted for new development of properties but cannot currently be required for
wastewater because the capacity for new development for the foreseeable future was incorporated into the Big Coppitt and Duck
Key Central Wastewater Systems; and
WHEREAS, Monroe County is obligated to repay the Florida Department of Environmental Protection (FDEP) State
Revolving Fund (SRF) debt service associated with this additional capacity; 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 per Equivalent Dwelling Unit (EDU) from developed properties within in the Big Coppitt and Duck Key Service Areas
as described in Resolution 302-2007 adopted on September 10,2007; and
WHEREAS, due to timing of development or changes in use, some properties have not been assessed for any
connection or 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 Big Coppitt and Duck Key service areas for which initial or
additional wastewater service is required; and
WHEREAS, a significant capital funding gap exists for the Cudjoe Regional Wastewater Facility; and
WHEREAS, these wastewater capacity fees from future development have been determined to be necessary to pay the
FDEP SRF so that future sales tax revenue may be de -obligated; and
WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those properties within the Big
Coppitt and Duck Key service areas for which initial or additional wastewater service is required; and
WHEREAS, there have been costs of financing the projects since the debt started to accrue, and the inflationary
element would contribute to the financing costs similar to the interest factor which has been paid and will be paid by properties
on the initial tax roll;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS, of MONROE COUNTY, FLORIDA, that:
Section 1.0 The following fees are hereby established for wastewater system capacity within the Big Coppitt and Duck Key
central service areas. These fees apply to new development for which permits are or were issued subsequent to the initial
wastewater capacity assessments levied in 2007:
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. December 2007 shall be used as the base index month December 2007 CPI-U = 210.0). Single family
residences will be charged $4,500.00 times a CPI-U adjustment factor.
Wastewater capacity fee = $4,500 x CPI-U Adjustment factor (see Section 2.0 below)
1.11 Multi -family residences will be charged $4,500.00 for each dwelling unit times the CPI-U adjustment factor. The CPI-U
adjustment factor is calculated as described above in section 2.0:
Wastewater capacity fee = $4,500-x Adjustment factor (see Section 2.0 below)
1.2 Non -Residential Service:
The wastewater capacity fee for non-residential properties shall be calculated based on an estimated EDU allocation provided by
the Florida Keys Aqueduct Authority. The EDU allocation will the based on the anticipated volume (in gallons) of wastewater
anticipated to be generated by the property divided by a volume to EDU conversion of 167 gallons/EDU. The wastewater
capacity fee will be adjusted for inflation in the same manner described in sections 1.1 and 1.11 for residential properties. The
anticipated volume shall be calculated based on the State of Florida Department of Health System Size Determinations found in
Florida Administrative Code (Chapter 64E-6.008 as of the date of this resolution).
Wastewater capacity fee = $4,500 x number of EDUs x CPI-U Adjustment factor (see Section 2.0 below)
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 2007. The CPI-U (not seasonally adjusted) in
December 2007 was 210.0.
Section 3.0 The wastewater capacity fee shall be collected by the Monroe County Building Department upon issuance of a permit,
or if a permit has already been issued but no certificate of occupancy has been issued, the fee shall be collected by the Monroe
County Building Department prior to the issuance of the certificate of occupancy. If a building permit or certificate of occupancy
has already been issued but the wastewater capacity fee has not been paid in full before 1 October 2011 and the wastewater
capacity fee is not being collected as a non ad valorem assessment as a part of the annual property tax bill, the wastewater
capacity fee, as calculated using Section 1.0 of this resolution, will be incorporated into a special non ad valorem assessment on
the properties so situated. Any wastewater capacity fee paid in full or levied in a non -ad valorem assessment prior to 30
September 2011 is not subject to the CPI indexing in Section 1.0 of this resolution.
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
on t1@5'say of June —.
Mayor Heather Carruthers Yes
LLJ Mayor Pro TernDavid Rice Yes
Of.�¢
O CV
L. Kolhage, Clerk
Commissioner Kim Wigington Yes
Commissioner George Neugent YeG
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY OMMISSIONERS
OF MONROE CO
By.
y
held
Deputy Clerk
Ordinance 027-2003
Ordinance Authorizing the Levy of non -ad Valorem
Assessments for Wastewater
ORDINANCE NO. 027-2003
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA;
RELATING TO THE PROVISION OF WASTEWATER
SERVICES AND FACILITIES IN MONROE COUNTY,
FLORIDA; AUTHORIZING THE IMPOSITION AND
COLLECTION OF WASTEWATER ASSESSMENTS
AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS
INCLUDING A DEFINITION FOR THE TERM
"WASTEWATER ASSESSMENT"; ESTABLISHING A
PROCEDURE FOR IMPOSING WASTEWATER
ASSESSMENTS; PROVIDING THAT WASTEWATER
ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED
PROPERTY UPON ADOPTION OF ASSESSMENT ROLL;
PROVIDING THAT THE LIEN FOR A WASTEWATER
ASSESSMENT COLLECTED PURSUANT TO SECTIONS
197.3632 AND 197.3635, FLORIDA STATUTES, UPON
PERFECTION SHALL ATTACH TO THE PROPERTY ON
THE PRIOR JANUARY 1, THE LIEN DATE FOR AD
VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN
SHALL BE EQUAL IN RANK AND DIGNITY WITH THE
LIENS OF ALL STATE, COUNTY, DISTRICT, OR
MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR
IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES,
TITLES, AND CLAIMS; PROVIDING A PROCEDURE FOR
COLLECTION OF WASTEWATER ASSESSMENTS;
PROVIDING A MECHANISM FOR THE IMPOSITION OF
ASSESSMENTS ON GOVERNMENT PROPERTY;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
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"Assessed Property" means all parcels of land included on the Assessment Roll
that receive a special benefit from the delivery of the wastewater services and facilities
identified in the Initial Assessment Resolution or the Annual Rate Resolution.
"Assessment Interest Amount" mean s.-the annual interest rate charged against
the unpaid Assessable Costs by a Utility Provider/pursuant to a duly enacted resolution.
"Assessment Roll" means the special assessment roll relating to a Annual
Wastewater Assessment approved by a Final Assessment Resolution pursuant to Section
2.06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof.
"Board" means the Board of County Commissioners of Monroe County, Florida.
"Building" means any structure, whether temporary or permanent, built for support,
shelter or enclosure of persons, chattel, or property of any kind, including mobile homes.
This term shall include the use of land in which lots or spaces are offered for use, rent or
lease for the placement of mobile homes, travel trailers, or the like for residential purposes.
"Capacity Fee" means the fee established by a Utility Provider in the Utility Rate
Resolution to fund the capital cost of the wastewater capacity attributable to a Connection.
"Clerk" means the Clerk of the Circuit Court for Monroe County, Florida, as
ex-officio Clerk of the Board and such other person as may be duly authorized to act on
his or her behalf.
"Connection" means the physical interconnection of a Building's sanitary sewer
system to a central sewage system provided by a Utility Provider.
"Consent and Acknowledgment Agreement" means the agreement, required as
provided in Sections 2.02 and 2.03 of this Ordinance, as a condition precedent to the
Owner receiving the privilege of paying the Assessable Costs in installments as an Annual
Wastewater Assessment rather than as a lump sum at the time of Connection. The
K3
Consent and Acknowledgment Agreement shall provide for the consent of the Owner to
the imposition of an Annual Wastewater Assessment against the Owner's property,
acknowledge the total Assessable Costs, acknowledge the amount and use of the Annual
Wastewater Assessment, confirm the benefit accruing to the Owner's Property from the
Assessable Costs and the imposition of the Annual Wastewater Assessment, confirm the
Assessment Interest Amount, confirm the Wastewater Assessment Term for the
installment payment of the Annual Wastewater Assessment, acknowledge the maximum
Annual Wastewater Assessment and that failure to pay the Annual Wastewater
Assessment will cause a tax certificate to be issued against the Owner's property which will
result in a loss of title under the Uniform Assessment Collection Act, and waive the
provision of first class mailed notice provided for under the Uniform Assessment Collection
Act.
"County" means Monroe County, Florida.
"County Administrator" means the chief administrative officer of the County,
designated by the Board to be responsible for coordinating the Annual Wastewater
Assessments, or such person's designee.
"Final Assessment Resolution" means the resolution described in Section 2.06
hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which
shall be the final proceeding for the initial imposition of Annual Wastewater Assessments.
"Fiscal Year" means that period commencing October 1st of each year and
continuing through the next succeeding September 30th, or such other period as may be
prescribed by law as the fiscal year for the County.
4
"Government Property" means property owned by the United States of America
or any agency thereof, a sovereign state or nation, the State of Florida or any agency
thereof, a county, a special district or a municipal corporation.
"Initial Assessment Resolution" means the resolution described in Section 2.02
hereof which shall be the initial proceeding for the identification of the Assessable Costs
for which an assessment is to be made and for the imposition of an Annual Wastewater
Assessment.
"Initial Wastewater Assessment Installment" means the initial installment in the
Wastewater Assessment Term required to be paid at the time of the execution of a
Consent and Acknowledgment Agreement as a condition for an Owner to exercise the
privilege to pay the Assessable Costs in installments as provided in Section 2.03 of this
Ordinance.
"Initial Wastewater Assessment Notice" means the initial certification provided
by a Utility Provider required under Section 2.02 of this Ordinance for the preparation of
the Initial Assessment Resolution.
"Ordinance" means this Wastewater Assessment Ordinance, as amended from
time -to -time.
"Owner" means the Person reflected as the owner of Assessed Property on the
Tax Roll.
"Person" means any individual, partnership, firm, organization, corporation,
association, or any other legal entity, whether singular or plural, masculine or feminine, as
the context may require.
"Property Appraiser" means the Monroe County Property Appraiser.
5
"Supplemental Annual Wastewater Assessment" means a new Annual
Wastewater Assessment not included or the Initial Assessment Roll certified by the Utility
Provider or in a Supplemental Wastewater Assessment Notice previously certified by the
Utility Provider pursuant to Section 2.08 of this Ordinance.
"Supplemental Wastewater Assessment Notice" means the certification required
under Section 2.08 of this Ordinance for the preparation of an Annual Rate Resolution
provided by the Utility Provider for Fiscal Years subsequent to the Fiscal Year in which the
Initial Assessment Resolution is prepared.
"Tax Collector" means the Monroe County Tax Collector.
"Tax Roll" means the real property ad valorem tax assessment roll maintained by
the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"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 Rate Resolution" means the schedule of rates, fees, and charges duly
approved by the Board or by a Utility Provider.
"Utility Provider" means all publicly owned wastewater utilities operating in the
unincorporated area of the County and all privately owned wastewater utilities operating
within the unincorporated area of the County where the County has purchased utility
capacity from that utility, including, but not limited to, the Florida Keys Aqueduct Authority,
the Key Largo Wastewater Treatment District and the KW Resort Utility operating within
South Stock Island.
0
"Wastewater Assessment Term" means the numberof installments, excluding the
Initial Assessment Installment, that an Annual Wastewater Assessment is to be imposed
as documented in the Initial Wastewater Assessment Notice or a Supplemental
Wastewater Assessment Notice. The Wastewater Assessment Term shall not exceed a
time period of twenty (20) years.
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 similarterms referto this Ordinance;
and the term "hereafter" means after, and the term "heretofore" means before, the effective
date of this Ordinance. Words of any gender include the correlative words of the other
genders, unless the sense indicates otherwise.
SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined,
and declared that:
(A) Pursuant to Article Vill, section 1, Florida Constitution, and sections 125.01
and 125.66, Florida Statutes, the Board has all powers of local self-government to perform
county functions and to render county services in a manner not inconsistent with law, and
such power may be exercised by the enactment of County ordinances.
(B) A reduction in the amount of costs due at the time of Connection from the
Owners of properties required to connect to a central sewage system by the availability of
an Annual Wastewater Assessment option that permits Assessable Costs to be paid over
a period of years provides a special benefit to property and encourages properties to
connect to a central sewage system on a timely basis.
(C) The Annual Wastewater Assessment authorized by this Ordinance provides
an equitable method of funding the Assessable Costs.
6
(D) The purpose of this Ordinance is to (1) provide procedures and standards for
the imposition of an Annual Wastewater Assessment by the County under the general
home rule powers of a county to impose special assessments; (2) identify the Assessable
Costs to be collected in installments by the imposition of the Annual Wastewater
Assessments; (3) authorize a procedure for the funding of wastewater facilities providing
special benefits to property within the County; and (4) legislatively determine the special
benefit provided to Assessed Property from the provision of wastewater facilities and
services.
(E) The Annual Wastewater Assessment, to be imposed using the procedures
provided in this Ordinance, shall constitute non -ad valorem assessments within the
meaning and intent of the Uniform Assessment Collection Act.
(F) The Annual Wastewater Assessment to be imposed using the procedures
provided in this Ordinance are imposed by the Board, not the Clerk, Property Appraiser or
Tax Collector. The duties of the Clerk, Property Appraiser and Tax Collector under the
provisions of this Ordinance and the Uniform Assessment Collection Act are ministerial.
SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT.
It is hereby ascertained and declared that the wastewater services and facilities comprising
the Assessable Costs provide a special benefit to property because wastewater services
and facilities possess a logical relationship to the use and enjoyment of improved property
by: (1) facilitating the development of property and increasing the use and enjoyment
thereof; (2) positively affecting the marketability and market value of the property by the
presence of a central sewage treatment service; (3) properly and safely disposing of
sewage generated on improved property; and (4) enhancing improved propertythrough the
environmentally responsible use and enjoyment of the property.
E-3
ARTICLE II
ANNUAL WASTEWATER ASSESSMENTS
SECTION 2.01. GENERAL AUTHORITY.
(A) The Board is hereby authorized to impose an Annual Wastewater
Assessment to fund all or any portion of the Assessable Costs upon benefitted property
at a rate of assessment based on the special benefit accruing to such property from a
Utility Provider's provision of wastewater services and facilities. All Annual Wastewater
Assessments shall be imposed in conformity with the procedures set forth in this Article II.
(B) Annual Wastewater Assessments shall be imposed for a term of years, not
to exceed twenty (20) years, in equal annual amounts sufficient to pay the Assessable
Costs and the Assessment Interest Amount.
(C) Nothing contained in this Ordinance shall be construed to require the
imposition of an Annual Wastewater Assessment against Government Property.
SECTION 2.02. INITIAL PROCEEDINGS.
(A) At the time of Connection, an Owner shall pay directly to the Utility Provider
the Capacity Fee required by the Utility Provider under its utility service rules and
regulations as a condition of Connection or an Owner may elect to pay the Capacity Fee
together with an Assessable Interest Amount and all other Assessable Costs in
installments in the form of an Annual Wastewater Assessment assessed against such
property over a set period not to exceed twenty (20) years. In the event a property Owner
elects the privilege to pay an Annual Wastewater Assessment in installments, such Owner
will sign a binding Consent and Acknowledgment Agreement with the County prior to
Connection and shall pay the Initial Wastewater Assessment Installment as required in
Section 2.03 of this Ordinance.
(B) As a condition pursuant to the initial imposition of an Annual Wastewater
Assessment, the Utility Provider shall certify to the County, prior to June 1, an Initial
Wastewater Assessment Notice containing the following information:
(1) A list of the Owners who have elected the privilege of paying the
Annual Wastewater Assessment in installments and a copy of the Consent and
Acknowledgment Agreement executed by such Owner;
(2) Summary description of each parcel of property (conforming to the
description contained on the Tax Roll) subject to the Annual Wastewater Assessment;
(3) The name of the Owner of each parcel as shown on the Tax Roll;
(4) The Assessable Costs attributable to each parcel;
(5) The Annual Wastewater Assessment amount;
(6) The term of years for the installment payment of the Annual
Wastewater Assessment;
(7) The applicable Assessment Interest Amount; and
(8) Acknowledgment of receipt of the Initial Wastewater Assessment
Installment for each parcel of property.
(C) Thereafter, the initial proceeding for the imposition of an Annual Wastewater
Assessment shall be the adoption of an Initial Assessment Resolution by the Board, (1)
describing the properties electing to pay the Assessable Costs in installments by the
imposition of an Annual Wastewater Assessment, (2) determining the Assessable Costs
to be assessed against each property, (3) establishing the Annual Wastewater Assessment
amount for the ensuing Fiscal Year, (4) confirming the Wastewater Assessment Term; and
(5) directing the County Administrator to (a) prepare the initial Assessment Roll, as required
by Section 2.04 hereof, and (b) publish the notice required by Section 2.06 hereof.
SECTION 2.03. CONDITIONS ON ELECTION TO PAY THE ASSESSABLE
COSTS IN INSTALLMENTS. As a condition pursuant to the Owner receiving the privilege
of paying the Assessable Costs in installments the County and the Owner shall enter into
a Consent and Acknowledgment Agreement and the Owner shall pay to the Utility Provider
the Initial Wastewater Assessment Installment.
SECTION 2.04. INITIAL ASSESSMENT ROLL.
(A) The County Administrator shall prepare, ordirectthe preparation of, the initial
Assessment Roll, which shall contain the following:
(1) A summary description of all Assessed Property conforming to the
description contained on the Tax Roll.
(2) The name of the Owner of the Assessed Property.
(3) The amount of the Annual Wastewater Assessment to be imposed
against each such parcel of Assessed Property.
(B) The initial Assessment Roll shall be retained by the County Administrator and
shall be open to public inspection. The foregoing shall not be construed to require that the
Assessment Roll be in printed form if the amount of the Annual Wastewater Assessment
for each parcel of property can be determined by use of a computer terminal available to
the public.
SECTION 2.05. NOTICE BY PUBLICATION. Upon completion of the initial
Assessment Roll, the County Administrator shall publish, or direct the publication of, once
in a newspaper of general circulation within the County a notice stating that at a meeting
of the Board on a certain day and hour, not earlier than 20 calendar days from such
publication, which meeting shall be a regular, adjourned, or special meeting, the Board will
hear objections of all interested persons to the Final Assessment Resolution and approve
11
the aforementioned initial Assessment Roll. The published notice shall conform to the
requirements set forth in the Uniform Assessment Collection Act.
SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the
public hearing as noticed pursuant to Sections 2.05 hereof, or to which an adjournment or
continuance may be taken by the Board, the Board shall receive any oral or written
objections of interested persons and may then, or at any subsequent meeting of the Board
adopt the Final Assessment Resolution which shall (A) confirm, modify, or repeal the Initial
Assessment Resolution with such amendments, if any, as may be deemed appropriate by
the Board; (B) impose the Annual Wastewater Assessment; (C) approve the initial
Assessment Roll, with such amendments as it deems just and right; and (D) determine the
method of collection. The adoption of the Final Assessment Resolution by the Board shall
constitute a legislative determination that all parcels assessed derive a special benefit from
the wastewater services and facilities, to be provided or constructed and a legislative
determination that the Annual Wastewater Assessment is fairly and reasonably
apportioned among the properties that receive the special benefit. All written objections
to the Final Assessment Resolution shall be filed with the County Administrator at or before
the time or adjourned time of such hearing. The Final Assessment Resolution shall
constitute the Annual Rate Resolution for the initial Fiscal Year in which an Annual
Wastewater Assessment is imposed or reimposed hereunder.
SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION. The
Annual Wastewater Assessment for the initial Fiscal Year shall be established upon
adoption of the Final Assessment Resolution. The adoption of the Final Assessment
Resolution shall be the final adjudication of the issues presented (including, but not limited
to, the reasonableness of the legislative determination of special benefit and fair
12
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 Assessment Roll; and the validity and
enforceability of the lien of the Annual Wastewater Assessment), unless proper steps shall
be initiated in a court of competent jurisdiction to secure relief within 20 days from the date
of the Board action on the Final Assessment Resolution. The initial Assessment Roll, as
approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, as
required by the Uniform Assessment Collection Act, or if the alternative method described
in Section 3.02 hereof is used to collect the Annual Wastewater Assessments, such other
official as the Board by resolution shall designate.
SECTION 2.08. ADOPTION OF ANNUAL RATE RESOLUTION.
(A) The Board shall adopt an Annual Rate Resolution during its budget adoption
process for each Fiscal Year following the initial Fiscal Year during the Wastewater
Assessment Term.
(B) As the initial proceedings for the adoption of an Annual Rate Resolution the
Utility Provider shall certify prior to June 1 of each Fiscal Year a Supplemental Wastewater
Assessment Notice containing the following information:
(1) For each Supplemental Annual Wastewater Assessment: (a) summary
description of the parcel subject to the assessment (conforming to the description
contained on the Tax Roll); (b) the name of the Owner of the parcel assessed as shown
on the Tax Roll; (c) the Assessable Costs, Annual Wastewater Assessment amount,
Wastewater Assessment Term and Assessment Interest Amount attributable to the
assessed parcel for the Supplemental Annual Wastewater Assessment; and (d)
13
acknowledgment of the receipt of the Initial Wastewater Assessment for the parcel subject
to the Supplemental Annual Wastewater Assessment;
(2) Any deletions of an Annual Wastewater Assessment imposed against
a parcel of property or a previously adopted Assessment Roll as a consequence of the
prepayment of unpaid Assessable Costs pursuant to any right of prepayment provided by
resolution.
(C) Based on the information provided in the Supplemental Wastewater
Assessment Notice, the Board shall adopt an Annual Rate Resolution:
(1) Authorizing the date, time, and place of a public hearing to receive and
consider comments from the public and consider the adoption of the Annual Rate
Resolution for the upcoming Fiscal Year; and
(2) Directing the County Administrator to (a) update the Assessment Roll,
(b) provide notice by publication pursuant to Section 2.05 herein (c) provide notice by first
class mail to affected Owners in the event circumstances described in subsection (E) of
this Section so require, and (d) directing and authorizing any supplemental or additional
notice deemed proper, necessary or convenient by the County.
(D) The Annual Rate Resolution shall (1) establish the Annual Wastewater
Assessment to be imposed in the upcoming Fiscal Year and (2) approve the Assessment
Roll for the upcoming Fiscal Year with such adjustments as the Board deems just and right.
The Assessment Roll shall be prepared in accordance with the method of apportionment
set forth in the Initial Assessment Resolution, together with modifications, if any, that are
provided and confirmed in the Final Assessment Resolution or any subsequent Annual
Rate Resolution.
14
(E) In the event (1) the proposed Annual Wastewater Assessment for any Fiscal
Year exceeds the maximum rate of assessment provided in the Consent and
Acknowledgment Agreement, (2) the purpose for which the Annual Wastewater
Assessment is imposed or the use of the revenue from the Annual Wastewater
Assessment is substantially changed from that acknowledged in the Consent and
Acknowledgment Agreement, or (3) Assessed Property is reclassified or the method of
apportionment is revised or altered resulting in an increased Annual Wastewater
Assessment from that represented in any publication provided pursuant to Section 2.05 or
acknowledged in the Consent and Acknowledgment Agreement, notice shall be provided
first class mail to the Owners of such Assessed Property. Such notice shall substantially
conform with the notice requirements set forth in the Uniform Assessment Collection Act
and inform the Owner of the date, time, and place for the adoption of the Annual Rate
Resolution. The failure of the Owner to receive such notice due to mistake or
inadvertence, shall not affect the validity of the Assessment Roll nor release or discharge
any obligation for payment of an Annual Wastewater Assessment imposed by the Board
pursuant to this Ordinance.
(F) As to any Assessed Property not included on an Assessment Roll approved
by the adoption of the Final Assessment Resolution or prior yearAnnual Rate Resolution,
the adoption of the succeeding Annual Rate Resolution shall be the final adjudication of
the issues presented as to such Assessed Property (including, but not limited to, the
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 Assessment Roll; and the validity and enforceability of the lien of
15
the Annual Wastewater Assessment), unless proper steps shall be initiated in a court of
competent jurisdiction to secure relief within 20 days from the date of the Board action on
the Annual Rate Resolution. Nothing contained herein shall be construed or interpreted
to affect the finality of any Annual Wastewater Assessment not challenged within the
required 20-day period for those Annual Wastewater Assessments previously imposed
against Assessed Property by the inclusion of the Assessed Property on an Assessment
Roll approved in the Final Assessment Resolution or any subsequent Annual Rate
Resolution.
(G) The Assessment Roll, as approved by the Annual Rate Resolution, shall be
delivered to the Tax Collector as required by the Uniform Assessment Collection Act, or
if the alternative method described in Section 3.02 hereof is used to collect the Annual
Wastewater Assessment, such other official as the Board by resolution shall designate.
If the Annual Wastewater Assessment against any property shall be sustained, reduced,
or abated by the court, an adjustment shall be made on the Assessment Roll.
SECTION 2.09. LIEN OF ANNUAL WASTEWATER ASSESSMENTS. Upon
the adoption of the Assessment Roll, all Annual 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 special assessments. Except as otherwise provided by law,
such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims,
until paid. The lien for an Annual Wastewater Assessment shall be deemed perfected
upon the Board's adoption of the Final Assessment Resolution or the Annual Rate
Resolution, whichever is applicable. The lien for an Annual Wastewater Assessment
collected under the Uniform Assessment Collection Act shall attach to the property
included on the Assessment Roll as of the prior January 1, the lien date for ad valorem
16
taxes imposed under the Tax Roll. The lien for an Annual Wastewater Assessment
collected under the alternative method of collection provided in Section 3.02 shall be
deemed perfected upon the Board's adoption of the Final Assessment Resolution or the
Annual Rate Resolution, whichever is applicable, and shall attach to the property on such
date of adoption.
SECTION 2.10. REVISIONS TO ANNUAL WASTEWATER ASSESSMENTS.
If any Annual Wastewater Assessment made under the provisions of this Ordinance is
either in whole or in part annulled, vacated, or set aside by the judgment of any court, or
if the Board is satisfied that any such Annual Wastewater Assessment is so irregular or
defective that the same cannot be enforced or collected, or if the Board has failed to
include or omitted any property on the Assessment Roll which property should have been
so included, the Board may take all necessary steps to impose a new Annual Wastewater
Assessment against any property benefitted by the Wastewater Assessed Costs, following
as nearly as may be practicable, the provisions of this Ordinance and in case such second
Annual Wastewater Assessment is annulled, vacated, or set aside, the Board may obtain
and impose other Annual Wastewater Assessments until a valid Annual Wastewater
Assessment is imposed.
SECTION 2.11. PROCEDURAL IRREGULARITIES. Any informality or
irregularity in the proceedings in connection with the levy of any Annual Wastewater
Assessment under the provisions of this Ordinance shall not affect the validity of the same
after the approval thereof, and any Annual Wastewater Assessment as finally approved
shall be competent and sufficient evidence that such Annual Wastewater Assessment was
duly levied, that the Annual Wastewater Assessment was duly made and adopted, and that
all other proceedings adequate to such Annual Wastewater Assessment were duly had,
17
taken, and performed as required by this Ordinance; and no variance from the directions
hereunder shall be held material unless it be clearly shown that the party objecting was
materially injured thereby.
SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS.
(A) No act of error or omission on the part of the Property Appraiser, Tax
Collector, County Administrator, Board, or their deputies or employees, shall operate to
release or discharge any obligation for payment of an Annual Wastewater Assessment
imposed by the Board under the provision of this Ordinance.
(B) When it shall appear that any Annual Wastewater Assessment should have
been imposed under this Ordinance against a parcel of property specially benefitted by the
provision of wastewater services, facilities, or programs, but that such propertywas omitted
from the Assessment Roll; or such property was erroneously assessed; or was not listed
on the Tax Roll as an individual parcel of property as of the effective date of the
Assessment Roll approved by the Annual Rate Resolution for any upcoming Fiscal Year,
the Board may, upon provision of a notice by mail provided to the Owner of the omitted
or erroneously assessed parcel in the manner and form provided in the Uniform
Assessment Collection Act, impose the applicable Annual Wastewater Assessment for the
Fiscal Year in which such error or omission is discovered, in addition to the applicable
Annual Wastewater Assessment due for the prior two Fiscal Years. Such Annual
Wastewater Assessment shall constitute a lien against Assessed Property equal in rank
and dignity with the liens of all state, county, district, or municipal taxes and special
assessments, and superior in rank and dignity to all other prior liens, mortgages, titles, and
claims in and to or against the real property involved, shall be collected as provided in
Article III hereof, and shall be deemed perfected on the date of adoption of the resolution
imposing the omitted, delinquent, or corrected assessments.
(C) Prior to the delivery of the Assessment Roll to the Tax Collector in
accordance with the Uniform Assessment Collection Act, the County Administrator shall
have the authority at any time, upon his or her own initiative or in response to a timely filed
petition from the Owner of any property subject to an Annual Wastewater Assessment, to
reclassify property based upon presentation of competent and substantial evidence, and
correct any error in applying the Annual Wastewater Assessment apportionment method
to any particular parcel of property not otherwise requiring the provision of notice pursuant
to the Uniform Assessment Collection Act. Any such correction shall be considered valid
ab initio and shall in no way affect the enforcement of the Annual Wastewater Assessment
imposed under the provisions of this Ordinance. All requests from affected property
owners for any such changes, modifications or corrections shall be referred to, and
processed by, the County Administrator and not the Property Appraiser or Tax Collector.
(D) After the Assessment Roll has been delivered to the Tax Collector in
accordance with the Uniform Assessment Collection Act, any changes, modifications, or
corrections thereto shall be made in accordance with the procedures applicable to
correcting errors and insolvencies on the Tax Roll upon timely written request and direction
of the County Administrator.
ARTICLE III
COLLECTION AND USE OF ANNUAL WASTEWATER ASSESSMENTS
SECTION 3.01. METHOD OF COLLECTION.
(A) Unless otherwise directed by the Board, the Annual Wastewater
Assessments shall be collected pursuant to the uniform method provided in the Uniform
19
Assessment Collection Act, and the County shall comply with all applicable provisions of
the Uniform Assessment Collection Act. Any hearing or notice required by this Ordinance
may be combined with any other hearing or notice required by the Uniform Assessment
Collection Act or other provision of law.
(B) The amount of an Annual Wastewater Assessment to be collected using the
uniform method pursuant to the Uniform Assessment Collection Act for any specific parcel
of benefitted property may include an amount equivalent to the payment delinquency,
delinquency fees and recording costs for a prior year's assessment for a comparable
service, facility, or program provided: (1) the collection method used in connection with
the prior year's assessment did not employ the use of the uniform method of collection
authorized by the Uniform Assessment Collection Act, (2) notice is provided to the Owner
as required under the Uniform Assessment Collection Act, and (3) any lien on the affected
parcel for the prior year's assessment is supplanted and transferred to such Annual
Wastewater Assessment upon certification of a non -ad valorem roll to the Tax Collector
by the County.
SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using
the Uniform Assessment Collection Act, the Board may elect to collect the Annual
Wastewater Assessments by any other method which is authorized by law or under the
alternative collection method provided by this Section:
(A) The Board shall provide Annual Wastewater Assessment bills by first class
mail to the Owner of each affected parcel of property, other than Government Property.
The bill or accompanying explanatory material shall include (1) a brief explanation of the
Annual Wastewater Assessment, (2) a description of the unit of measurement used to
determine the amount of the Annual Wastewater Assessment, (3) the number of units
20
contained within the parcel, (4) the total amount of the Annual Wastewater Assessment
imposed against the parcel for the appropriate period, (5) the location at which payment
will be accepted, (6) the date on which the Annual Wastewater Assessment is due, and (7)
a statement that the Annual Wastewater Assessment constitutes 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.
(B) A general notice of the lien resulting from imposition of the Annual
Wastewater Assessments shall be recorded in the Official Records of the County. Nothing
herein shall be construed to require that individual liens or releases be filed in the Official
Records.
(C) The Board shall have the right to foreclose and collect all delinquent Annual
Wastewater Assessments in the manner provided by law for the foreclosure of mortgages
on real property or appoint or retain an agent to institute such foreclosure and collection
proceedings. An Annual Wastewater Assessment shall become delinquont if it is not paid
within 30 days from the date any installment is due. The Board or its agent shall notify any
property owner who is delinquent in payment of his or herAnnual Wastewater Assessment
within 60 days from the date such assessment was due. Such notice shall state in effect
that the Board or its agent will either (1) initiate a foreclosure action or suit in equity and
cause the foreclosure of such property subject to a delinquent Annual Wastewater
Assessment in a method now or hereafter provided by law for foreclosure of mortgages on
real property, or (2) cause an amount equivalent to the delinquent Annual Wastewater
Assessment, not previously subject to collection using the uniform method under the
Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year.
21
(D) All costs, fees and expenses, including reasonable attorney fees and title
search expenses, related to any foreclosure action as described herein shall be included
in any judgment or decree rendered therein. At the sale pursuant to decree in any such
action, the County may be the purchaser to the same extent as any Person. The Board
or its agent may join in one foreclosure action the collection of Annual Wastewater
Assessments against any or all property assessed in accordance with the provisions
hereof. All delinquent Owners whose property is foreclosed shall be liable for an
apportioned amount of reasonable costs and expenses incurred by the Board and its
agents, including reasonable attorney fees, in collection of such delinquent Annual
Wastewater Assessments and any other costs incurred by the Board as a result of such
delinquent Annual Wastewater Assessments and the same shall be collectible as a part
of or in addition to, the costs of the action.
(E) In lieu of foreclosure, any delinquent Annual Wastewater Assessment and
the costs, fees and expenses attributable thereto, may be collected pursuant to the
Uniform Assessment Collection Act; provided however, that (1) notice is provided to the
Owner in the manner required by the Uniform Assessment Collection Act and this
Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent
Annual Wastewater Assessment is supplanted by the lien resulting from certification of the
Assessment Roll, as applicable, to the Tax Collector.
(F) Notwithstanding the Board's use of an alternative method of collection, the
County Administrator shall have the same power and authority to correct errors and
omissions as provided to him or other County officials in Section 2.12 hereof.
(G) Any Board action required in the collection of Annual Wastewater
Assessments may be by resolution.
M
SECTION 3.03. GOVERNMENT PROPERTY.
(A) In the event Annual Wastewater Assessments are imposed against
Government Property, the Board shall provide Annual Wastewater Assessment bills by first
class mail to the Owner of each affected parcel of Government Property. The bill or
accompanying explanatory material shall include (1) a brief explanation of the Annual
Wastewater Assessment, (2) a description of the unit of measurement used to determine
the amount of the Annual Wastewater Assessment, (3) the number of units contained
within the parcel, (4) the total amount of the parcel's Annual Wastewater Assessment for
the appropriate period, (5) the location at which payment will be accepted, and (6) the date
on which the Annual Wastewater Assessment is due.
(B) Annual Wastewater Assessments imposed against Government Property
shall be due on the same date as all other Annual Wastewater Assessments and, if
applicable, shall be subject to the same discounts for early payment.
(C) An Annual Wastewater Assessment shall become delinquent if it is not paid
within 30 days from the date any installment is due. The Board shall notify the Owner of
any Government Property that is delinquent in payment of its Annual Wastewater
Assessment within 60 days from the date such assessment was due. Such notice shall
state that the Board will initiate a mandamus or other appropriate judicial action to compel
payment.
(D) All costs, fees and expenses, including reasonable attorney fees and title
search expenses, related to any mandamus or other action as described herein shall be
included in any judgment or decree rendered therein. All delinquent Owners of
Government Property against which a mandamus or other appropriate action is filed shall
be liable for an apportioned amount of reasonable costs and expenses incurred by the
23
County, including reasonable attorney fees, in collection of such delinquent Annual
Wastewater Assessments and any other costs incurred by the Board as a result of such
delinquent Annual Wastewater Assessments and the same shall be collectible as a part
of or in addition to, the costs of the action.
(E) As an alternative to the foregoing, an Annual Wastewater Assessment
imposed against Government Property may be collected as a surcharge on a utility bill
provided to such Government Property in periodic installments with a remedy of a
mandamus action in the event of non-payment.
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. APPLICABILITY. This Ordinance and the Board's authority to
impose assessments pursuant hereto shall be applicable throughout the unincorporated
area of the County and throughout the incorporated area of any municipality whose
governing body has heretofore or hereafter requested and consented to the provision of
the wastewater services, facilities and programs by the County.
SECTION 4.02. ALTERNATIVE METHOD.
(A) This Ordinance shall be deemed to provide an additional and alternative
method for the doing of the things authorized hereby and shall be regarded as
supplemental and additional to powers conferred by other laws, and shall not be regarded
as in derogation of any powers now existing or which may hereafter come into existence.
This Ordinance, being necessary for the welfare of the inhabitants of the County, shall be
liberally construed to effect the purposes hereof.
(B) Nothing herein shall preclude the Board from directing and authorizing, by
resolution, the combination with each other of (1) any supplemental or additional notice
24
BE IT ORDAINED BYTHE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following words
and terms shall have the following meanings, unless the context clearly otherwise requires:
"Annual Rate Resolution" means the resolution described in Section 2.08 of this
Ordinance, establishing the rate at which an Annual Wastewater Assessment for a specific
Fiscal Year will be computed. The Final Assessment Resolution shall constitute the
Annual Rate Resolution for the initial Fiscal Year in which an Annual Wastewater
Assessment is imposed or reimposed.
"Annual Wastewater Assessment" means a special assessment lawfully imposed
by the Board against Assessed Property to permit payment of the Assessable Costs over
a period of years.
"Assessable Costs" means the amount computed by adding (A) the amount of the
Capacity Fee and (B) all costs associated with the structure, implementation, collection,
and enforcement of the Annual Wastewater Assessments, including any service charges
of the County, Tax Collector, or Property Appraiser and amounts necessary to off -set
discounts received for early payment of Annual Wastewater Assessments pursuant to the
Uniform Assessment Collection Act and any other costs or expenses related to the
collection of the Assessment Costs.
2
Deemed proper, necessary, or convenient by the County, (2) any notice required by this
Ordinance, or (3) any notice required by law, including the Uniform Assessment Collection Act.
SECTION 4.03. SEVERABILITY. The provisions of this Ordinance are severable;
and if any section, subsection, sentence, clause or provision is held invalid by any court of
competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby.
SECTION 4.04. EFFECTIVE DATE. The Clerk shall file a certified copy of this
Ordinance with the Department of State within ten days of its adoption. This Ordinance shall
take effect immediately upon its filing with the Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15th day of July, 2003.
Mayor Spehar
Mayor Pro Tern Nelson
amissioner McCoy
066nmissioner Neugent
Cprr'nissioner Rice
}` Aftest: DANNY L.KOLHAGE, Clerk
t
By� 0 LX-vam
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO NTY, FLORIDA
By
Mayor/Chairperson
MONROE COUNTY ATTORNEY
p 0 FORM:
R T N. WOLFE
CHI"31S7J0 nTTTOfiNEY
Oate .5
BOARD OF COUNTY COMMISSIONERS
I AGENDA ITEM SUMMARY
Meeting Date: 4/17/13 Division: Public Works/En gineering___
Bulk Item: Yes X No Department: Wastewater
Staff Contact Person/Phone#: Kevin Wilson/453-8797
AGENDA ITEM WORDING: Approval of a resolution establishing the wastewater capacity fee for
properties developed within the Cudjoe Regional Centralized Outer Islands 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 for an effective date.
ITEM BACKGROUND: The Capacity Fee Resolution (Reso. 168-2011) for the Big Coppitt and
Duck Key Service Areas was adopted on June 15, 2011 and included the same method of collection
and adjustment for inflation. System Development Fees (SDFs) in the amount of $4,500 were
amortized as non-ad valorem annual special assessments on the 2012 tax bill for developed parcels
within the centralized Cudjoe Regional Inner Island Service Area unless prepayments were received.
Collection for the Outer Islands is scheduled for the 2013 tax year. All properties located within the
central service area are required to connect to the central wastewater system, when available.
Properties in the Cudjoe Regional Outer Island Service Area which have been or will be developed
after the initial assessment levy should pay their share of the cost of establishing the system. This
resolution provides the mechanism to collect that share.
PREVIOUS RELEVANT BOCC ACTION: On July 18, 2012 the BOCC adopted the Cudjoe
Regional Outer Islands Final Assessment Resolution (Reso. 198-2012) levying a non-ad valorem
annual special assessment on developed properties within the centralized service area boundaries on
Lower Sugarloaf Key, Ramrod Key, Little Torch Key and Big Pine Key. Properties that were not
developed at the time of the assessment roll development were not included in the assessment tax roll.
On July 15 2003, the BOCC adopted Monroe County Ordinance 027-2003 authorizing the imposition
and collection of assessments on property for wastewater services.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Staff recommends adoption of the resolution.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:--
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH— Year Unkown
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
Proposed Resolution
RESOLUTION NO. -2013
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ESTABLISHING THE WASTEWATER
CAPACITY SERVICE FEE FOR PROPERTIES DEVELOPED WITHIN
THE CUDJOE REGIONAL CENTRALIZED OUTER ISLAND SERVICE
AREA AFTER THE LEVY OF THE NON-AD VALOREM
WASTEWATER ASSESSMENTS; PROVIDING FOR A METHOD OF
ADJUSTING FOR INFLATION; PROVIDING FOR A METHOD OF
COLLECTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Cudjoe Regional Centralized Wastewater Treatment System herein
referred to as the"System" is to be constructed with additional capacity for future development;
and
WHEREAS, impact fees are normally exacted from future new development of
properties but cannot currently be required for wastewater because the capacity for new
development for the foreseeable future is included in the System design;and
WHEREAS, Section 2.02 of the September 6, 2005 Interlocal Agreement between
Monroe County and the Florida Keys Aqueduct Authority, as amended September 19, 2007,
establishes the levy of non-ad valorem special assessments as a County responsibility; and
WHEREAS,Monroe County levied non-ad valorem wastewater assessments to collect
System Development Fees of$4,500.00 per Equivalent Dwelling Unit (EDU) from developed
properties within the Cudjoe Regional Centralized Outer Island Service Area as described in
the Final Assessment Resolutions adopted on July 18,2012; and
WHEREAS, due to timing of development or changes in use, some properties requiring
wastewater service may not have been included on the non-ad valorem tax roll developed in
2012 or may not have been included for the extent of connection required for the usage of that
property; and
WHEREAS, in order to provide equity for all users of central wastewater systems, a
mechanism is necessary to collect a wastewater capacity fee from those properties within the
Cudjoe Regional Centralized Outer Island Service Area for which initial or additional
wastewater service is required; and
WHEREAS, these wastewater capacity fees from future development have been
determined to be necessary to pay towards the anticipated debt obligation incurred to provide
future development with wastewater service; and
WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those
properties within the Cudjoe Regional Centralized Outer Island Service Area which initial or
additional wastewater service is required; and
Page 1 of 3
Cudjoe Outer Island Revolution 2013
WHEREAS, adjustments need to be made for inflation since there are financing costs
for the project; and
WHEREAS, the inflationary element would contribute to the overall financing costs
similar to the interest factor included on the annual assessment;
NOW THEREFORE,BE IT RESOLVED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS,FLORIDA,AS FOLLOWS:
Section 1.0. The following fees are hereby established for wastewater system capacity
within the Cudjoe Regional Centralized Outer Island Service Area. These fees apply to new
development and re-development for which permits are or were issued subsequent to the non-ad
valorem wastewater assessments levied on the 2013 tax bill:
1.1 Residential Service:
The wastewater capacity fee for residential service is $4,500.00 per residential unit
(EDU) times an adjustment for inflation based upon the all cities Consumer Price Index
for all urban consumers (CPI-U) as published by the Bureau of Labor Statistics of the
U.S. Government. Single family residences will be charged $4,500.00 times a CPI-U
adjustment factor. The base date for CPI adjustments for the Outer Islands Service Area
is December 2013. The CPI adjustment factor will be 1.0 until the December 2013 and
subsequent year CPI-U's are published. The CPI-U adjustment factor is calculated as
described below in 2.0.
1.11 Multi-family residences will be charged $4,500.00 for each dwelling unit times the
CPI-U adjustment factor. The CPI-U adjustment factor is calculated as described below
in section 2.0.
Wastewater capacity fee = $4,500 x number of EDUs x CPI-U adjustment factor (see
Section 2.0 below)
1.2 Non-Residential Service:
The wastewater capacity fee for non-residential properties shall be calculated based on an
estimated EDU allocation provided by the Florida Keys Aqueduct Authority. The EDU
allocation will the based on the anticipated volume (in gallons) of wastewater anticipated
to be generated by the property divided by a volume to EDU conversion of 167
gallons/EDU. The wastewater capacity fee will be adjusted for inflation in the same
manner described in sections 1.1 and 1.11 for residential properties. The anticipated
volume shall be calculated based on the State of Florida Department of Health System
Size Determinations found in Florida Administrative Code (Chapter 64E-6.008 as of the
date of this resolution).
Wastewater capacity fee = $4,500 x number of EDUs x CPI-U adjustment factor (see
Section 2.0 below)
Page 2 of 3
Cudioe Outer Island Revolution 2013
Section 2.0 The CPI-U adjustment factor is calculated each year by dividing the most
recent year's December CPI-U (not seasonally adjusted)by the CPI-U(not seasonally adjusted)
for December 2013.
Section 3.0 The wastewater capacity fee shall be collected by the Monroe County
Building Department upon issuance of a permit, or if a permit has already been issued but no
certificate of occupancy has been issued, the fee shall be collected by the Monroe County
Building Department prior to the issuance of the certificate of occupancy. If a building permit
or certificate of occupancy was issued but the System Development Fee was not collected
pursuant to the Cudjoe Regional Outer Islands Final Assessment Resolution nor was the
wastewater Capacity Fee collected by the Building Department,the wastewater capacity fee will
be collected as a supplementary non-ad valorem assessment to the 2013 tax roll. The non-ad
valorem assessment will be collected as a part of the annual property tax bill and will include
the opportunity for prepayment.
Section 4.0. These fees shall apply to all permits and certificates of occupancy issued
after the effective date of this resolution.
Section 5.0 This resolution shall become effective immediately upon its adoption by the
Monroe County Board of County Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida,at a meeting of said Board held on the 17`h day of April, 2013.
Mayor George Neugent
Mayor Pro Tern Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
By:
Mayor
(Seal)
AMY HEAVILIN,CLERK
By:
Deputy Clerk
MONROE ATTORNEY ;
Page 3 of 3 APPR A8 O FORM:
Cudjoe Outer Island Rc9olutlon 2013 MNB.$� 5R,, ,
TTORNEY
Resolution 198-2012
Cudjoe Outer Islands Final Assessment Resolution
July 2012
" "a6udtrff Jn Ut Nexal RecordS DIr
OE DANNY L KOLHAGE
Doci 1898718
Bk# 2588 P9# 683
RESOLUTION NO. 198 -2012
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY,FLORIDA,RELATING TO THE PROVISION OF WASTEWATER
CAPACITY,IMPOSING ANNUAL WASTEWATER ASSESSMENTS;APPROVING
THE NON-AD VALOREM ASSESSMENT ROLL;PROVIDING FOR COLLECTION
OF TIM WASTEWATER ASSESSMENTS;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 15,2003 the and of County Commissioners(the "Board") of
Monroe County,Florida, enacted Ordinance No. 027-2003 (the "Ordinance"), to authorize
the imposition of special assessments to fund the cost of wastewater treatment capacity-,and
WHEREAS, on June 20, 2012, the Board adopted Resolution No. 174-2012 (the
"Initial Assessment Resolution") relating to the provision, of wastewater service to
properties in the Cudjoe Regional Centralized Outer Islands Service Arm, describing
System Development Few (SDFs), colledion costs and other terms and conditions of
wastewater assessment for properties located within thew 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
con ify, or repeal the Initial Assessment Resolution,with such amendments as the
Board-deems appropriate, after hearing comments and receiving bbjectipns.of all.intereated
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 to 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
..I A , a public hearing was held on the date hereof and comments and
objections of all interested persons have been heard and considered as required by the terms
of the Ordinance;
NOW,THEREFORE,BE IT RESOLVED BY TBE BOARD OF COUNTY
c 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
monthly water consumption for a residential unit. For the purposes of EDU
Allocation,the average water consumption for a residential unit is 167 gallons/day.
(B) As so modified,the Initial Assessment Resolution is hereby-ratified and-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 2013.
2
Bkpp26 887Pgp 684
I
SECTION 9. APPEAL PROCEDURE. (A) EDUs -%verc allocated for Real Estate
Parcels requiring wastewater service within the cenlrahze4l Cudjoe Regional Wastewater
Service Area based oil the Property Appraiser classification of residential parcels and the
water consumption for no 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,
(13) Notwithstanding Section 9 of this Final Assessment Resolution, any appeals for the
tax bill must be filed by July 18, 2012 as described in the, First Class Notice, a sample of
which is provided in Appendix B.
SECTION 10. PREPAY'NIENT 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 farm 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 its
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 y
Mayor ProTem Kim Wigington Ye'
's,
Commissioner George Neugent 'Yes
Commissioner I leather Carruthers yes
Commissioner Sylvia Murphy ye
(SEAL) BOARD OF COUNTY
Attesc DANNY L. K01,14AGE, Clerk COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By Deputy Clerk --—----
By: Mayor/Chaifpetttm
4
Doc# 1898718
"IN 258s pgg 686
Resolution 168-2011
Big Coppitt Resolution for Properties Developed after
Adoption of the Main Assessment Resolution
RESOLUTION N . 1 -2011
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, ESTABLISHING THE WASTEWATER CAPACITY SERVICE FEE FOR PROPERTIES
DEVELOPED WITHIN THE BIG COPPITT AND DUCK KEY CENTRAL SERVICE AREAS
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 Big Coppitt and Duck Key Central Wastewater Systems were constructed with additional capacity for
future development;and
WHEREAS,impact fees are normally exacted for new development of properties but cannot currently be required for
wastewater because the capacity for new development for the foreseeable future was incorporated into the Big Coppitt and Duck
Key Central Wastewater Systems;and
WHEREAS,Monroe County is obligated to repay the Florida Department of Environmental Protection(FDEP)State
Revolving Fund(SRF)debt service associated with this additional capacity;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 per Equivalent Dwelling Unit(EDU) from developed properties within in the Big Coppitt and Duck Key Service Areas
as described in Resolution 302-2007 adopted on September 10,2007;and
WHEREAS,due to timing of development or changes in use,some properties have not been assessed for any
connection or 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 Big Coppitt and Duck Key service areas for which initial or
additional wastewater service is required;and
WHEREAS,a significant capital funding gap exists for the Cudjoe Regional Wastewater Facility;and
WHEREAS,these wastewater capacity fees from future development have been determined to be necessary to pay the
FDEP SRF so that future sales tax revenue may be de-obligated;and
WHEREAS,a mechanism is necessary to collect wastewater capacity fees from those properties within the Big
Coppitt and Duck Key service areas for which initial or additional wastewater service is required;and
WHEREAS,there have been costs of financing the projects since the debt started to accrue,and the inflationary
element would contribute to the financing costs similar to the interest factor which has been paid and will be paid by properties
on the initial tax roll;
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS,of MONROE COUNTY,FLORIDA,that:
Section 1.0 The following fees are hereby established for wastewater system capacity within the Big Coppitt and Duck Key
central service areas. These fees apply to new development for which permits are or were issued subsequent to the initial
wastewater capacity assessments levied in 2007: s
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. December 2007 shall be used as the base index month December 2007 CPI-U=210,0). Single family
residences will be charged$4,500.00 times a CPI-U adjustment factor.
Wastewater capacity fee=$4,500 x CPI-U Adjustment factor(see Section 2.0 below)
1.11 Multi-family residences will be charged$4,500.00 for each dwelling unit times the CPI-U adjustment factor. The CPI-U
adjustment factor is calculated as described above in section 2.0:
Wastewater capacity fee=$4,500-x Adjustment factor(see Section 2.0 below)
1.2 Non-Residential Service:
The wastewater capacity fee for non-residential properties shall be calculated based on an estimated EDU allocation provided by
the Florida Keys Aqueduct Authority.The EDU allocation will the based on the anticipated volume(in gallons)of wastewater
anticipated to be generated by the property divided by a volume to EDU conversion of 167 gallon&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 2007. The CPI-U(not seasonally adjusted)in
December 2007 was 210.0.
Section 3.0 The wastewater capacity fee shall be collected by the Monroe County Building Department upon issuance of a permit,
or if a permit has already been issued but no certificate of occupancy has been issued,the fee shall be collected by the Monroe
County Building Department prior to the issuance of the certificate of occupancy. If a building permit or certificate of occupancy
has already been issued but the wastewater capacity fee has not been paid in full before 1 October 2011 and the wastewater
capacity fee is not being collected as a non ad valorem assessment as a part of the annual property tax bill,the wastewater
capacity fee,as calculated using Section 1.0 of this resolution,will be incorporated into a special non ad valorem assessment on
the properties so situated. Any wastewater capacity fee paid in full or levied in a non-ad valorem assessment prior to 30
September 2011 is not subject to the CPI indexing in Section 1.0 of this resolution.
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 0@15'say of June_.
t_
o } Mayor Heather Carruthers Yes
� d Mayor Pro Tem David Rice Yes 1
Commissioner Kim Wigington Yes
Commissioner George Neugent ..__Y.e_z__
Commissioner Sylvia Murphy Yes
:L
- BOARD OF COUNTY VONMUSSIONERS , \
OF MONROE CO
By: ,
L.Kolhage,Clerk
•J
C •
�vN,v
Deputy Clerk
Ordinance 027-2003
Ordinance Authorizing the Levy of non-ad Valorem
Assessments for Wastewater
ORDINANCE NO. 027-2003
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA;
RELATING TO THE PROVISION OF WASTEWATER
SERVICES AND FACILITIES IN MONROE COUNTY,
FLORIDA; AUTHORIZING THE IMPOSITION AND
COLLECTION OF WASTEWATER ASSESSMENTS
AGAINST PROPERTY;PROVIDING CERTAIN DEFINITIONS
INCLUDING A DEFINITION FOR THE TERM
"WASTEWATER ASSESSMENT'; ESTABLISHING A
PROCEDURE FOR IMPOSING WASTEWATER
ASSESSMENTS; PROVIDING THAT WASTEWATER
ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED
PROPERTY UPON ADOPTION OF ASSESSMENT ROLL;
PROVIDING THAT THE LIEN FOR A WASTEWATER
ASSESSMENT COLLECTED PURSUANT TO SECTIONS
197.3632 AND 197.3635, FLORIDA STATUTES, UPON
PERFECTION SHALL ATTACH TO THE PROPERTY ON
THE PRIOR JANUARY 1, THE LIEN DATE FOR AD
VALOREM TAXES;PROVIDING THAT A PERFECTED LIEN
SHALL BE EQUAL IN RANK AND DIGNITY WITH THE
LIENS OF ALL STATE, COUNTY, DISTRICT, OR
MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR
IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES,
TITLES, AND CLAIMS; PROVIDING A PROCEDURE FOR
COLLECTION OF WASTEWATER ASSESSMENTS;
PROVIDING A MECHANISM FOR THE IMPOSITION OF
ASSESSMENTS ON GOVERNMENT PROPERTY;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
fV
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M i
1
"Assessed Property" means all parcels of land included on the Assessment Roll
that receive a special benefit from the delivery of the wastewater services and facilities
identified in the Initial Assessment Resolution or the Annual Rate Resolution.
"Assessment Interest Amount" means4he annual interest rate charged against
the unpaid Assessable Costs by a Utility Provider,pursuant to a duly enacted resolution.
"Assessment Roll" means the ipeoW assessment roll relating to a Annual
Wastewater Assessment approved by a Final Assessment Resolution pursuant to Section
2.06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof.
"Board" means the Board of County Commissioners of Monroe County, Florida.
"Building"means any structure,whether temporaryor permanent,built for support,
shelter or enclosure of persons, chattel, or property of any kind, including mobile homes.
This term shall include the use of land in which lots or spaces are offered for use, rent or
lease for the placement of mobile homes,travel trailers,or the like for residential purposes.
"Capacity Fee" means the fee established by a Utility Provider in the Utility Rate
Resolution to fund the capital cost of the wastewater capacity attributable to a Connection
"Clerk" means the Clerk of the Circuit Court for Monroe County, Florida, as
ex-officio Clerk of the Board and such other person as may be duly authorized to act on
his or her behalf.
"Connection" means the physical interconnection of a Building's sanitary sewer
system to a central sewage system provided by a Utility Provider.
"Consent and Acknowledgment Agreement"means the agreement,required as
provided in Sections 2.02 and 2.03 of this Ordinance, as a condition precedent to the
Owner receiving the privilege of paying the Assessable Costs in installments as an Annual
Wastewater Assessment rather than as a lump sum at the time of Connection. The
3
Consent and Acknowledgment Agreement shall provide for the consent of the Owner to
the imposition of an Annual Wastewater Assessment against the Owner's property,
acknowledge the total Assessable Costs, acknowledge the amount and use of the Annual
Wastewater Assessment, confirm the benefit accruing to the Owner's Property from the
Assessable Costs and the imposition of the Annual Wastewater Assessment, confirm the
Assessment Interest Amount, confirm the Wastewater Assessment Term for the
installment payment of the Annual Wastewater Assessment, acknowledge the maximum
Annual Wastewater Assessment and that failure to pay the Annual Wastewater
Assessment will cause a tax certificate to be issued against the Owner's property which will
result in a loss of title under the Uniform Assessment Collection Act, and waive the
provision of first class mailed notice provided for under the Uniform Assessment Collection
Act.
"County" means Monroe County, Florida.
"County Administrator" means the chief administrative officer of the County,
designated by the Board to be responsible for coordinating the Annual Wastewater
Assessments, or such person's designee.
"Final Assessment Resolution" means the resolution described in Section 2.06
hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which
shall be the final proceeding for the initial imposition of Annual Wastewater Assessments.
"Fiscal Year" means that period commencing October 1st of each year and
continuing through the next succeeding September 30th, or such other period as may be
prescribed by law as the fiscal year for the County.
4
"Government Property" means property owned by the United States of America
or any agency thereof, a sovereign state or nation, the State of Florida or any agency
thereof, a county, a special district or a municipal corporation.
"Initial Assessment Resolution" means the resolution described in Section 2.02
hereof which shall be the initial proceeding for the identification of the Assessable Costs
for which an assessment is to be made and for the imposition of an Annual Wastewater
Assessment.
"Initial Wastewater Assessment Installment"means the initial installment in the
Wastewater Assessment Term required to be paid at the time of the execution of a
Consent and Acknowledgment Agreement as a condition for an Owner to exercise the
privilege to pay the Assessable Costs in installments as provided in Section 2.03 of this
Ordinance.
"Initial Wastewater Assessment Notice" means the initial certification provided
by a Utility Provider required under Section 2.02 of this Ordinance for the preparation of
the Initial Assessment Resolution.
"Ordinance" means this Wastewater Assessment Ordinance, as amended from
time-to-time.
"Owner" means the Person reflected as the owner of Assessed Property on the
Tax Roll.
"Person" means any individual, partnership, firm, organization, corporation,
association, or any other legal entity,whether singular or plural, masculine or feminine,as
the context may require.
"Property Appraiser" means the Monroe County Property Appraiser.
5
"Supplemental Annual Wastewater Assessment" means a new Annual
Wastewater Assessment not included or the Initial Assessment Roll certified by the Utility
Provider or in a Supplemental Wastewater Assessment Notice previously certified by the
Utility Provider pursuant to Section 2.08 of this Ordinance.
"Supplemental Wastewater Assessment Notice"means the certification required
under Section 2.08 of this Ordinance for the preparation of an Annual Rate Resolution
provided by the Utility Provider for Fiscal Years subsequent to the Fiscal Year in which the
Initial Assessment Resolution is prepared.
"Tax Collector" means the Monroe County Tax Collector.
"Tax Roll" means the real property ad valorem tax assessment roll maintained by
the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"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 Rate Resolution" means the schedule of rates, fees, and charges duly
approved by the Board or by a Utility Provider.
"Utility Provider" means all publicly owned wastewater utilities operating in the
unincorporated area of the County and all privately owned wastewater utilities operating
within the unincorporated area of the County where the County has purchased utility
capacity from that utility, including, but not limited to, the Florida Keys Aqueduct Authority,
the Key Largo Wastewater Treatment District and the KW Resort Utility operating within
South Stock Island.
6
"Wastewater Assessment Term"means the number of installments,excluding the
Initial Assessment Installment, that an Annual Wastewater Assessment is to be imposed
as documented in the Initial Wastewater Assessment Notice or a Supplemental
Wastewater Assessment Notice. The Wastewater Assessment Term shall not exceed a
time period of twenty (20)years.
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 similarterms referto this Ordinance;
and the term"hereafter"means after,and the term"heretofore"means before,the effective
date of this Ordinance. Words of any gender include the correlative words of the other
genders, unless the sense indicates otherwise.
SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined,
and declared that:
(A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125.01
and 125.66, Florida Statutes,the Board has all powers of local self-government to perform
county functions and to render county services in a manner not inconsistent with law, and
such power may be exercised by the enactment of County ordinances.
(B) A reduction in the amount of costs due at the time of Connection from the
Owners of properties required to connect to a central sewage system by the availability of
an Annual Wastewater Assessment option that permits Assessable Costs to be paid over
a period of years provides a special benefit to property and encourages properties to
connect to a central sewage system on a timely basis.
(C) The Annual Wastewater Assessment authorized by this Ordinance provides
an equitable method of funding the Assessable Costs.
7
(D) The purpose of this Ordinance is to(1)provide procedures and standards for
the imposition of an Annual Wastewater Assessment by the County under the general
home rule powers of a county to impose special assessments; (2)identify the Assessable
Costs to be collected in installments by the imposition of the Annual Wastewater
Assessments; (3) authorize a procedure for the funding of wastewater facilities providing
special benefits to property within the County; and (4) legislatively determine the special
benefit provided to Assessed Property from the provision of wastewater facilities and
services.
(E) The Annual Wastewater Assessment, to be imposed using the procedures
provided in this Ordinance, shall constitute non-ad valorem assessments within the
meaning and intent of the Uniform Assessment Collection Act.
(F) The Annual Wastewater Assessment to be imposed using the procedures
provided in this Ordinance are imposed by the Board, not the Clerk, Property Appraiser or
Tax Collector. The duties of the Clerk, Property Appraiser and Tax Collector under the
provisions of this Ordinance and the Uniform Assessment Collection Act are ministerial.
SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT.
It is hereby ascertained and declared that the wastewater services and facilities comprising
the Assessable Costs provide a special benefit to property because wastewater services
and facilities possess a logical relationship to the use and enjoyment of improved property
by: (1) facilitating the development of property and increasing the use and enjoyment
thereof; (2) positively affecting the marketability and market value of the property by the
presence of a central sewage treatment service; (3) properly and safely disposing of
sewage generated on improved property;and(4)enhancing improved property through the
environmentally responsible use and enjoyment of the property.
8
ARTICLE II
ANNUAL WASTEWATER ASSESSMENTS
SECTION 2.01. GENERAL AUTHORITY.
(A) The Board is hereby authorized to impose an Annual Wastewater
Assessment to fund all or any portion of the Assessable Costs upon benefitted property
at a rate of assessment based on the special benefit accruing to such property from a
Utility Provider's provision of wastewater services and facilities. All Annual Wastewater
Assessments shall be imposed in conformity with the procedures set forth in this Article II.
(B) Annual Wastewater Assessments shall be imposed for a term of years, not
to exceed twenty (20) years, in equal annual amounts sufficient to pay the Assessable
Costs and the Assessment Interest Amount.
(C) Nothing contained in this Ordinance shall be construed to require the
imposition of an Annual Wastewater Assessment against Government Property.
SECTION 2.02. INITIAL PROCEEDINGS.
(A) At the time of Connection, an Owner shall pay directly to the Utility Provider
the Capacity Fee required by the Utility Provider under its utility service rules and
regulations as a condition of Connection or an Owner may elect to pay the Capacity Fee
together with an Assessable Interest Amount and all other Assessable Costs in
installments in the form of an Annual Wastewater Assessment assessed against such
property over a set period not to exceed twenty(20)years. In the event a property Owner
elects the privilege to pay an Annual Wastewater Assessment in installments,such Owner
will sign a binding Consent and Acknowledgment Agreement with the County prior to
Connection and shall pay the Initial Wastewater Assessment Installment as required in
Section 2.03 of this Ordinance.
9
(B) As a condition pursuant to the initial imposition of an Annual Wastewater
Assessment, the Utility Provider shall certify to the County, prior to June 1, an Initial
Wastewater Assessment Notice containing the following information:
(1) A list of the Owners who have elected the privilege of paying the
Annual Wastewater Assessment in installments and a copy of the Consent and
Acknowledgment Agreement executed by such Owner;
(2) Summary description of each parcel of property (conforming to the
description contained on the Tax Roll) subject to the Annual Wastewater Assessment;
(3) The name of the Owner of each parcel as shown on the Tax Roll;
(4) The Assessable Costs attributable to each parcel;
(5) The Annual Wastewater Assessment amount;
(6) The term of years for the installment payment of the Annual
Wastewater Assessment;
(7) The applicable Assessment Interest Amount; and
(8) Acknowledgment of receipt of the Initial Wastewater Assessment
Installment for each parcel of property.
(C) Thereafter,the initial proceeding for the imposition of an Annual Wastewater
Assessment shall be the adoption of an Initial Assessment Resolution by the Board, (1)
describing the properties electing to pay the Assessable Costs in installments by the
imposition of an Annual Wastewater Assessment, (2)determining the Assessable Costs
to be assessed against each property,(3)establishing the Annual Wastewater Assessment
amount for the ensuing Fiscal Year,(4)confirming the Wastewater Assessment Term;and
(5)directing the County Administrator to(a)prepare the initial Assessment Roll,as required
by Section 2.04 hereof, and (b) publish the notice required by Section 2.06 hereof.
10
SECTION 2.03. CONDITIONS ON ELECTION TO PAY THE ASSESSABLE
COSTS IN INSTALLMENTS. As a condition pursuant to the Owner receiving the privilege
of paying the Assessable Costs in installments the County and the Owner shall enter into
a Consent and Acknowledgment Agreement and the Owner shall pay to the Utility Provider
the Initial Wastewater Assessment Installment.
SECTION 2.04. INITIAL ASSESSMENT ROLL.
(A) The County Administrator shall prepare,ordirect the preparation of,the initial
Assessment Roll, which shall contain the following:
(1) A summary description of all Assessed Property conforming to the
description contained on the Tax Roll.
(2) The name of the Owner of the Assessed Property.
(3) The amount of the Annual Wastewater Assessment to be imposed
against each such parcel of Assessed Property.
(B) The initial Assessment Roll shall be retained by the County Administrator and
shall be open to public inspection. The foregoing shall not be construed to require that the
Assessment Roll be in printed form if the amount of the Annual Wastewater Assessment
for each parcel of property can be determined by use of a computer terminal available to
the public.
SECTION 2.05. NOTICE BY PUBLICATION. Upon completion of the initial
Assessment Roll,the County Administrator shall publish,or direct the publication of,once
in a newspaper of general circulation within the County a notice stating that at a meeting
of the Board on a certain day and hour, not earlier than 20 calendar days from such
publication,which meeting shall be a regular,adjourned,or special meeting,the Board will
hear objections of all interested persons to the Final Assessment Resolution and approve
11
the aforementioned initial Assessment Roll. The published notice shall conform to the
requirements set forth in the Uniform Assessment Collection Act.
SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the
public hearing as noticed pursuant to Sections 2.05 hereof, or to which an adjournment or
continuance may be taken by the Board, the Board shall receive any oral or written
objections of interested persons and may then,or at any subsequent meeting of the Board
adopt the Final Assessment Resolution which shall(A)confirm, modify,or repeal the Initial
Assessment Resolution with such amendments, if any,as may be deemed appropriate by
the Board; (B) impose the Annual Wastewater Assessment; (C) approve the initial
Assessment Roll,with such amendments as it deems just and right;and (D)determine the
method of collection. The adoption of the Final Assessment Resolution by the Board shall
constitute a legislative determination that all parcels assessed derive a special benefit from
the wastewater services and facilities, to be provided or constructed and a legislative
determination that the Annual Wastewater Assessment is fairly and reasonably
apportioned among the properties that receive the special benefit. All written objections
to the Final Assessment Resolution shall be filed with the County Administrator at or before
the time or adjourned time of such hearing. The Final Assessment Resolution shall
constitute the Annual Rate Resolution for the initial Fiscal Year in which an Annual
Wastewater Assessment is imposed or reimposed hereunder.
SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION. The
Annual Wastewater Assessment for the initial Fiscal Year shall be established upon
adoption of the Final Assessment Resolution. The adoption of the Final Assessment
Resolution shall be the final adjudication of the issues presented (including, but not limited
to, the reasonableness of the legislative determination of special benefit and fair
12
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 Assessment Roll; and the validity and
enforceability of the lien of the Annual Wastewater Assessment),unless proper steps shall
be initiated in a court of competent jurisdiction to secure relief within 20 days from the date
of the Board action on the Final Assessment Resolution. The initial Assessment Roll, as
approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, as
required by the Uniform Assessment Collection Act,or if the alternative method described
in Section 3.02 hereof is used to collect the Annual Wastewater Assessments, such other
official as the Board by resolution shall designate.
SECTION 2.08. ADOPTION OF ANNUAL RATE RESOLUTION.
(A) The Board shall adopt an Annual Rate Resolution during its budget adoption
process for each Fiscal Year following the initial Fiscal Year during the Wastewater
Assessment Term.
(B) As the initial proceedings for the adoption of an Annual Rate Resolution the
Utility Provider shall certify prior to June 1 of each Fiscal Year a Supplemental Wastewater
Assessment Notice containing the following information:
(1) For each Supplemental Annual Wastewater Assessment:(a)summary
description of the parcel subject to the assessment (conforming to the description
contained on the Tax Roll); (b) the name of the Owner of the parcel assessed as shown
on the Tax Roll; (c) the Assessable Costs, Annual Wastewater Assessment amount,
Wastewater Assessment Term and Assessment Interest Amount attributable to the
assessed parcel for the Supplemental Annual Wastewater Assessment; and (d)
13
acknowledgment of the receipt of the Initial Wastewater Assessment for the parcel subject
to the Supplemental Annual Wastewater Assessment;
(2) Any deletions of an Annual Wastewater Assessment imposed against
a parcel of property or a previously adopted Assessment Roll as a consequence of the
prepayment of unpaid Assessable Costs pursuant to any right of prepayment provided by
resolution.
(C) Based on the information provided in the Supplemental Wastewater
Assessment Notice, the Board shall adopt an Annual Rate Resolution:
(1) Authorizing the date,time,and place of a public hearing to receive and
consider comments from the public and consider the adoption of the Annual Rate
Resolution for the upcoming Fiscal Year; and
(2) Directing the County Administrator to(a)update the Assessment Roll,
(b)provide notice by publication pursuant to Section 2.05 herein (c) provide notice by first
class mail to affected Owners in the event circumstances described in subsection (E) of
this Section so require, and (d) directing and authorizing any supplemental or additional
notice deemed proper, necessary or convenient by the County.
(D) The Annual Rate Resolution shall (1) establish the Annual Wastewater
Assessment to be imposed in the upcoming Fiscal Year and (2)approve the Assessment
Roll for the upcoming Fiscal Year with such adjustments as the Board deems just and right.
The Assessment Roll shall be prepared in accordance with the method of apportionment
set forth in the Initial Assessment Resolution, together with modifications, if any, that are
provided and confirmed in the Final Assessment Resolution or any subsequent Annual
Rate Resolution.
14
(E) In the event(1)the proposed Annual Wastewater Assessment for any Fiscal
Year exceeds the maximum rate of assessment provided in the Consent and
Acknowledgment Agreement, (2) the purpose for which the Annual Wastewater
Assessment is imposed or the use of the revenue from the Annual Wastewater
Assessment is substantially changed from that acknowledged in the Consent and
Acknowledgment Agreement, or (3) Assessed Property is reclassified or the method of
apportionment is revised or altered resulting in an increased Annual Wastewater
Assessment from that represented in any publication provided pursuant to Section 2.05 or
acknowledged in the Consent and Acknowledgment Agreement, notice shall be provided
first class mail to the Owners of such Assessed Property. Such notice shall substantially
conform with the notice requirements set forth in the Uniform Assessment Collection Act
and inform the Owner of the date, time, and place for the adoption of the Annual Rate
Resolution. The failure of the Owner to receive such notice due to mistake or
inadvertence, shall not affect the validity of the Assessment Roll nor release or discharge
any obligation for payment of an Annual Wastewater Assessment imposed by the Board
pursuant to this Ordinance.
(F) As to any Assessed Property not included on an Assessment Roll approved
by the adoption of the Final Assessment Resolution or a prioryearAnnual Rate Resolution,
the adoption of the succeeding Annual Rate Resolution shall be the final adjudication of
the issues presented as to such Assessed Property (including, but not limited to, the
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 Assessment Roll; and the validity and enforceability of the lien of
15
the Annual Wastewater Assessment), unless proper steps shall be initiated in a court of
competent jurisdiction to secure relief within 20 days from the date of the Board action on
the Annual Rate Resolution. Nothing contained herein shall be construed or interpreted
to affect the finality of any Annual Wastewater Assessment not challenged within the
required 20-day period for those Annual Wastewater Assessments previously imposed
against Assessed Property by the inclusion of the Assessed Property on an Assessment
Roll approved in the Final Assessment Resolution or any subsequent Annual Rate
Resolution.
(G) The Assessment Roll, as approved by the Annual Rate Resolution, shall be
delivered to the Tax Collector as required by the Uniform Assessment Collection Act, or
if the alternative method described in Section 3.02 hereof is used to collect the Annual
Wastewater Assessment, such other official as the Board by resolution shall designate.
If the Annual Wastewater Assessment against any property shall be sustained, reduced,
or abated by the court, an adjustment shall be made on the Assessment Roll.
SECTION 2.09. LIEN OF ANNUAL WASTEWATER ASSESSMENTS. Upon
the adoption of the Assessment Roll,all Annual 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 special assessments. Except as otherwise provided bylaw,
such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims,
until paid. The lien for an Annual Wastewater Assessment shall be deemed perfected
upon the Board's adoption of the Final Assessment Resolution or the Annual Rate
Resolution, whichever is applicable. The lien for an Annual Wastewater Assessment
collected under the Uniform Assessment Collection Act shall attach to the property
included on the Assessment Roll as of the prior January 1, the lien date for ad valorem
16
taxes imposed under the Tax Roll. The lien for an Annual Wastewater Assessment
collected under the alternative method of collection provided in Section 3.02 shall be
deemed perfected upon the Board's adoption of the Final Assessment Resolution or the
Annual Rate Resolution,whichever is applicable, and shall attach to the property on such
date of adoption.
SECTION 2.10. REVISIONS TO ANNUAL WASTEWATER ASSESSMENTS.
If any Annual Wastewater Assessment made under the provisions of this Ordinance is
either in whole or in part annulled, vacated, or set aside by the judgment of any court, or
if the Board is satisfied that any such Annual Wastewater Assessment is so irregular or
defective that the same cannot be enforced or collected, or if the Board has failed to
include or omitted any property on the Assessment Roll which property should have been
so included, the Board may take all necessary steps to impose a new Annual Wastewater
Assessment against any property benefitted by the Wastewater Assessed Costs,following
as nearly as may be practicable,the provisions of this Ordinance and in case such second
Annual Wastewater Assessment Is annulled,vacated, or set aside, the Board may obtain
and impose other Annual Wastewater Assessments until a valid Annual Wastewater
Assessment is imposed.
SECTION 2.11. PROCEDURAL IRREGULARITIES. Any informality or
irregularity in the proceedings in connection with the levy of any Annual Wastewater
Assessment under the provisions of this Ordinance shall not affect the validity of the same
after the approval thereof, and any Annual Wastewater Assessment as finally approved
shall be competent and sufficient evidence that such Annual Wastewater Assessment was
duly levied,that the Annual Wastewater Assessment was duly made and adopted,and that
all other proceedings adequate to such Annual Wastewater Assessment were duly had,
17
taken, and performed as required by this Ordinance; and no variance from the directions
hereunder shall be held material unless it be clearly shown that the party objecting was
materially injured thereby.
SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS.
(A) No act of error or omission on the part of the Property Appraiser, Tax
Collector, County Administrator, Board, or their deputies or employees, shall operate to
release or discharge any obligation for payment of an Annual Wastewater Assessment
imposed by the Board under the provision of this Ordinance.
(B) When it shall appear that any Annual Wastewater Assessment should have
been imposed under this Ordinance against a parcel of property specially benefitted by the
provision of wastewater services,facilities,or programs,butthat such property was omitted
from the Assessment Roll; or such property was erroneously assessed; or was not listed
on the Tax Roll as an individual parcel of property as of the effective date of the
Assessment Roll approved by the Annual Rate Resolution for any upcoming Fiscal Year,
the Board may, upon provision of a notice by mail provided to the Owner of the omitted
or erroneously assessed parcel in the manner and form provided in the Uniform
Assessment Collection Act,impose the applicable Annual Wastewater Assessment for the
Fiscal Year in which such error or omission is discovered, in addition to the applicable
Annual Wastewater Assessment due for the prior two Fiscal Years. Such Annual
Wastewater Assessment shall constitute a lien against Assessed Property equal in rank
and dignity with the liens of all state, county, district, or municipal taxes and special
assessments,and superior in rank and dignity to all other prior liens,mortgages,titles,and
claims in and to or against the real property involved, shall be collected as provided in
18
Article III hereof, and shall be deemed perfected on the date of adoption of the resolution
imposing the omitted, delinquent, or corrected assessments.
(C) Prior to the delivery of the Assessment Roll to the Tax Collector in
accordance with the Uniform Assessment Collection Act, the County Administrator shall
have the authority at any time, upon his or her own initiative or in response to a timely filed
petition from the Owner of any property subject to an Annual Wastewater Assessment,to
reclassify property based upon presentation of competent and substantial evidence, and
correct any error in applying the Annual Wastewater Assessment apportionment method
to any particular parcel of property not otherwise requiring the provision of notice pursuant
to the Uniform Assessment Collection Act. Any such correction shall be considered valid
ab initio and shall in no way affect the enforcement of the Annual Wastewater Assessment
imposed under the provisions of this Ordinance. All requests from affected property
owners for any such changes, modifications or corrections shall be referred to, and
processed by, the County Administrator and not the Property Appraiser or Tax Collector.
(D) After the Assessment Roll has been delivered to the Tax Collector in
accordance with the Uniform Assessment Collection Act, any changes, modifications, or
corrections thereto shall be made in accordance with the procedures applicable to
correcting errors and insolvencies on the Tax Roll upon timely written request and direction
of the County Administrator.
ARTICLE III
COLLECTION AND USE OF ANNUAL WASTEWATER ASSESSMENTS
SECTION 3.01. METHOD OF COLLECTION.
(A) Unless otherwise directed by the Board, the Annual Wastewater
Assessments shall be collected pursuant to the uniform method provided in the Uniform
19
Assessment Collection Act, and the County shall comply with all applicable provisions of
the Uniform Assessment Collection Act. Any hearing or notice required by this Ordinance
may be combined with any other hearing or notice required by the Uniform Assessment
Collection Act or other provision of law.
(B) The amount of an Annual Wastewater Assessment to be collected using the
uniform method pursuant to the Uniform Assessment Collection Act for any specific parcel
of benefitted property may include an amount equivalent to the payment delinquency,
delinquency fees and recording costs for a prior year's assessment for a comparable
service, facility, or program provided: (1) the collection method used in connection with
the prior year's assessment did not employ the use of the uniform method of collection
authorized by the Uniform Assessment Collection Act, (2) notice is provided to the Owner
as required under the Uniform Assessment Collection Act,and (3)any lien on the affected
parcel for the prior year's assessment is supplanted and transferred to such Annual
Wastewater Assessment upon certification of a non-ad valorem roll to the Tax Collector
by the County.
SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using
the Uniform Assessment Collection Act, the Board may elect to collect the Annual
Wastewater Assessments by any other method which is authorized by law or under the
alternative collection method provided by this Section:
(A) The Board shall provide Annual Wastewater Assessment bills by first class
mail to the Owner of each affected parcel of property, other than Government Property.
The bill or accompanying explanatory material shall include (1)a brief explanation of the
Annual Wastewater Assessment, (2) a description of the unit of measurement used to
determine the amount of the Annual Wastewater Assessment, (3) the number of units
20
contained within the parcel, (4) the total amount of the Annual Wastewater Assessment
imposed against the parcel for the appropriate period, (5) the location at which payment
will be accepted,(6)the date on which the Annual Wastewater Assessment is due,and(7)
a statement that the Annual Wastewater Assessment constitutes 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.
(B) A general notice of the lien resulting from imposition of the Annual
Wastewater Assessments shall be recorded in the Official Records of the County. Nothing
herein shall be construed to require that individual liens or releases be filed in the Official
Records.
(C) The Board shall have the right to foreclose and collect all delinquent Annual
Wastewater Assessments in the manner provided by law for the foreclosure of mortgages
on real property or appoint or retain an agent to institute such foreclosure and collection
proceedings. An Annual Wastewater Assessment shall become delinquent if it is not paid
within 30 days from the date any installment is due. The Board or its agent shall notify any
property owner who is delinquent in payment of his or her Annual Wastewater Assessment
within 60 days from the date such assessment was due. Such notice shall state in effect
that the Board or its agent will either (1) initiate a foreclosure action or suit in equity and
cause the foreclosure of such property subject to a delinquent Annual Wastewater
Assessment in a method now or hereafter provided by law for foreclosure of mortgages on
real property, or (2) cause an amount equivalent to the delinquent Annual Wastewater
Assessment, not previously subject to collection using the uniform method under the
Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year.
21
(D) All costs, fees and expenses, including reasonable attorney fees and title
search expenses, related to any foreclosure action as described herein shall be included
in any judgment or decree rendered therein. At the sale pursuant to decree in any such
action, the County may be the purchaser to the same extent as any Person. The Board
or its agent may join in one foreclosure action the collection of Annual Wastewater
Assessments against any or all property assessed in accordance with the provisions
hereof. All delinquent Owners whose property is foreclosed shall be liable for an
apportioned amount of reasonable costs and expenses incurred by the Board and its
agents, including reasonable attorney fees, in collection of such delinquent Annual
Wastewater Assessments and any other costs incurred by the Board as a result of such
delinquent Annual Wastewater Assessments and the same shall be collectible as a part
of or in addition to, the costs of the action.
(E) In lieu of foreclosure, any delinquent Annual Wastewater Assessment and
the costs, fees and expenses attributable thereto, may be collected pursuant to the
Uniform Assessment Collection Act; provided however, that (1) notice is provided to the
Owner in the manner required by the Uniform Assessment Collection Act and this
Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent
Annual Wastewater Assessment is supplanted by the lien resulting from certification of the
Assessment Roll, as applicable, to the Tax Collector.
(F) Notwithstanding the Board's use of an alternative method of collection, the
County Administrator shall have the same power and authority to correct errors and
omissions as provided to him or other County officials in Section 2.12 hereof.
(G) Any Board action required in the collection of Annual Wastewater
Assessments may be by resolution.
22
SECTION 3.03. GOVERNMENT PROPERTY.
(A) In the event Annual Wastewater Assessments are imposed against
Government Property,the Board shall provide Annual Wastewater Assessment bills by first
class mail to the Owner of each affected parcel of Government Property. The bill or
accompanying explanatory material shall include (1) a brief explanation of the Annual
Wastewater Assessment, (2) a description of the unit of measurement used to determine
the amount of the Annual Wastewater Assessment, (3) the number of units contained
within the parcel, (4) the total amount of the parcel's Annual Wastewater Assessment for
the appropriate period, (5)the location at which payment will be accepted,and(6)the date
on which the Annual Wastewater Assessment is due.
(B) Annual Wastewater Assessments imposed against Government Property
shall be due on the same date as all other Annual Wastewater Assessments and, if
applicable, shall be subject to the same discounts for early payment.
(C) An Annual Wastewater Assessment shall become delinquent if it is not paid
within 30 days from the date any installment is due. The Board shall notify the Owner of
any Government Property that is delinquent in payment of its Annual Wastewater
Assessment within 60 days from the date such assessment was due. Such notice shall
state that the Board will initiate a mandamus or other appropriate judicial action to compel
payment.
(D) All costs, fees and expenses, including reasonable attorney fees and title
search expenses, related to any mandamus or other action as described herein shall be
included in any judgment or decree rendered therein. All delinquent Owners of
Government Property against which a mandamus or other appropriate action is filed shall
be liable for an apportioned amount of reasonable costs and expenses incurred by the
23
County, including reasonable attorney fees, in collection of such delinquent Annual
Wastewater Assessments and any other costs incurred by the Board as a result of such
delinquent Annual Wastewater Assessments and the same shall be collectible as a part
of or in addition to, the costs of the action.
(E) As an alternative to the foregoing, an Annual Wastewater Assessment
imposed against Government Property may be collected as a surcharge on a utility bill
provided to such Government Property in periodic installments with a remedy of a
mandamus action in the event of non-payment.
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. APPLICABILITY. This Ordinance and the Board's authority to
impose assessments pursuant hereto shall be applicable throughout the unincorporated
area of the County and throughout the incorporated area of any municipality whose
governing body has heretofore or hereafter requested and consented to the provision of
the wastewater services, facilities and programs by the County.
SECTION 4.02. ALTERNATIVE METHOD.
(A) This Ordinance shall be deemed to provide an additional and alternative
method for the doing of the things authorized hereby and shall be regarded as
supplemental and additional to powers conferred by other laws, and shall not be regarded
as in derogation of any powers now existing or which may hereafter come into existence.
This Ordinance, being necessary for the welfare of the inhabitants of the County, shall be
liberally construed to effect the purposes hereof.
(B) Nothing herein shall preclude the Board from directing and authorizing, by
resolution, the combination with each other of (1) any supplemental or additional notice
24
BE IT ORDAINED BYTHE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. As used in this Ordinance,the following words
and terms shall have the following meanings,unless the context clearly otherwise requires:
"Annual Rate Resolution" means the resolution described in Section 2.08 of this
Ordinance,establishing the rate at which an Annual Wastewater Assessment for a specific
Fiscal Year will be computed. The Final Assessment Resolution shall constitute the
Annual Rate Resolution for the initial Fiscal Year in which an Annual Wastewater
Assessment is imposed or reimposed.
"Annual Wastewater Assessment"means a special assessment lawfully imposed
by the Board against Assessed Property to permit payment of the Assessable Costs over
a period of years.
"Assessable Costs"means the amount computed by adding(A)the amount of the
Capacity Fee and (B) all costs associated with the structure, implementation, collection,
and enforcement of the Annual Wastewater Assessments, including any service charges
of the County, Tax Collector, or Property Appraiser and amounts necessary to off-set
discounts received for early payment of Annual Wastewater Assessments pursuant to the
Uniform Assessment Collection Act and any other costs or expenses related to the
collection of the Assessment Costs.
2
Deemed proper, necessary, or convenient by the County, (2) any notice required by this
Ordinance, or(3)any notice required by law, including the Uniform Assessment Collection Act.
SECTION 4.03. SEVERABILITY. The provisions of this Ordinance are severable;
and if any section, subsection, sentence, clause or provision is held invalid by any court of
competent jurisdiction,the remaining provisions of this Ordinance shall not be affected thereby.
SECTION 4.04. EFFECTIVE DATE. The Clerk shall file a certified copy of this
Ordinance with the Department of State within ten days of its adoption. This Ordinance shall
take effect immediately upon its filing with the Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15th day of July, 2003.
Mayor Spehar LPG
.__ Mayor Pro Tern Nelson �eG
Missioner McCoy eG
atnMissioner Neugent G
f�� _Commissioner Rice
yes
} ( BOARD OF COUNTY COMMISSIONERS
DANNY L.KOLHAGE, Clerk OF MONROE CO NTY, FLORIDA
By By
Deputy Cleric Mayor/Chairperson
MONROE COUNTY ATTORNEY
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