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Item J2* REVISED BACK—UP * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 15, 2013 Division: Public Works & Engineering Bulk Item: Yes No X Department: Wastewater Staff Contact Person/Phone #: Kevin Wilson/ 453-8797 AGENDA ITEM WORDING: A Public Hearing to adopt the Cudjoe Regional Wastewater Supplemental Assessment Program Initial Assessment Resolution describing the method of assessment for the Inner Island expansion areas and properties developed subsequent to adoption of the Inner Island assessment resolution on July 18, 2012 based on permits issued by Monroe County building Department. ITEM BACKGROUND: In accordance with the section 197.3632, F.S. setting the uniform method for the levy, collection, and enforcement of non -ad valorem special assessments, at least 20 days prior to the public hearing to adopt a resolution imposing the non -ad valorem special assessment roll, the local government shall notice the hearing by first class notice and by publication in a newspaper generally circulated within each county. This Initial Assessment Resolution is preliminary to advertising the public hearing for the Final Assessment Resolution which is to be held on June 19, 2013. The mailing of notices will be managed by GSG. PREVIOUS RELEVANT BOCC ACTION: On July 18, 2012, the BOCC adopted Resolutions 197-2012 and 198-2012 Final Assessment Resolutions for, respectively, the Inner and Outer Island Areas of the Cudjoe Regional Centralized Wastewater Treatment System. On January 16, 2013, the BOCC approved addition of a limited number of expansion areas for both the Inner and Outer Island areas. On October 17, 2012, the BOCC adopted Resolution 331-2012 to collect System Capacity Fees at the time of permit issuance from properties developed after adoption of the Assessments in Resolutions 197-2012 and 198-2012. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated. TOTAL COST: advertising INDIRECT COST: N/A BUDGETED: Yes X No _ DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year TBD APPROVED BY: County Atty/-e`OMB/Purchasing _ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # J-2 * REVISED BACK—UP * (Revised Icled/Form of Notice nownud MONROE COUNTY, FLORIDA CUDJOE REGIONAL INNER ISLANDS WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM INITIAL ASSESSMENT RESOLUTION (INCLUDING CUDJOE INNER ISLANDS EXPANDED PARCELS, CUDJOE INNER ISLANDS NEWLY DEVELOPED PARCELS) MAY 15, 2013 SECTION 1.01 SECTION 1.02 SECTION 1.03 SECTION 2.01 SECTION 2.02 SECTION 2.03 SECTION 2.04 SECTION 2.05 SECTION 2.06 SECTION 2.07 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION DEFINITIONS.................................................................................... 3 INTERPRETATION........................................................................... 5 GENERAL FINDINGS...................................................................... 5 ARTICLE II WASTEWATER ASSESSMENTS DESCRIPTION OF PROPERTY TO BE ASSESSED ...................... 6 IMPOSITION OF ASSESSMENTS................................................... 6 PREPAYMENT AMOUNTS............................................................. 6 COMPUTATION OF ANNUAL ASSESSMENTS ........................... 6 PREPAYMENT OPTION.................................................................. 6 MANDATORY PREPAYMENT....................................................... 6 REALLOCATION UPON FUTURE SUBDIVISION ....................... 7 ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL .................................. 7 SECTION 3.02. PUBLIC HEARING........................................................................... 7 SECTION 3.03. NOTICE BY PUBLICATION............................................................ 7 SECTION 3.04. NOTICE BY MAILING..................................................................... 7 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION........................................................... 7 SECTION 4.02. SEVERABILITY................................................................................ 8 SECTION 4.03. EFFECTIVE DATE............................................................................ 8 i TABLE OF APPENDICES APPENDIX A DESCRIPTION OF THE CUDJOE REGIONAL INNER ISLANDS EXPANDED AREA AND THE INNER ISLANDS NEWLY DEVELOPED PROPERTIES APPENDIX B FORM OF PUBLIC HEARING NOTICE TO BE PUBLISHED APPENDIX C FORM OF MAILED NOTICE REMAINDER OF PAGE LEFT BLANK ii RESOLUTION NO. - 2013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER SERVICE TO PROPERTIES; DESCRIBING THE SYSTEM DEVELOPMENT FEE, COLLECTION COSTS AND THE OTHER TERMS AND CONDITIONS OF THE NON -AD VALOREM ANNUAL WASTEWATER ASSESSMENTS; ESTABLISHING THE AMOUNT AND TERM OF THE ANNUAL WASTEWATER ASSESSMENT FOR EACH PARCEL OF PROPERTY TO BE ASSESSED; DIRECTING PREPARATION OF THE INITIAL SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL FOR PROPERTIES ADDED TO THE SERVICE AREA IN JANUARY 2013 OR DEVELOPED SINCE THE PRIOR ASSESSMENT ROLL FOR THE CUDJOE REGIONAL INNER ISLANDS SERVICE AREA; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED WASTEWATER ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Adjusted Prepayment Amount" means the remaining Prepayment Amount for each Tan Parcel computed by deducting (1) the portion of the system development fee paid by the property owner as Annual Wastewater Assessments from (2) the Prepayment Amount utilized to compute the annual Wastewater Assessment included on the Non -Ad Valorem Assessment Roll for such Tax Parcel. "Annual Wastewater Assessment" means the sum of the sum of (1) the Annual System Development Fee Payment, and (2) the Collection Cost for each Tax Parcel. 3 "Collection Cost" means the amount computed each Fiscal Year for each Tax Parcel that shall be equal to (1) the Prepayment Amount for such Tax Parcel divided by the sum of the aggregate Prepayment Amount, multiplied by (2) the estimated cost to be incurred by the County during any Fiscal Year in connection with collection of the Wastewater Assessments, including staff administration time. "Board" means the Board of County Commissioners of Monroe County, Florida. "County" means Monroe County, a political subdivision of the State of Florida. "County Administrator" means the chief administrative officer of the County, designated by the Board to be responsible for coordinating the Wastewater Assessments, or such person's designee. "Expanded Parcels" means those parcels of real property within the pre-existing boundaries of the Cudjoe Regional Inner Islands assessment area that were not targeted to be improved at the time of the prior assessment roll due to exclusion from the Monroe County Master Wastewater Plan but which have been incorporated into the Cudjoe Regional Inner Island Central Sewer System Project. "Final Assessment Resolution" means the resolution described in Section 2.06 of the Ordinance, which shall confirm, modify or repeal this Resolution. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County, which shall be the final proceeding for the initial imposition of the annual wastewater assessment. "Initial Assessment Resolution" means the resolution described in Section 2.02 of the ordinance, which shall be the initial proceeding for identification of Collection Costs and for imposition of an Annual Wastewater Assessment. "Initial Prepayment" means payment of the system development fee without interest or other Connection Costs. "Improved Tax Parcel" means those privately owned properties in the Cudjoe Regional Service Area described in Appendix A which generate wastewater and therefore will be required to connect to the Cudjoe Regional Wastewater Treatment System. "Newly Developed Properties" means those properties being initially assessed through a supplemental assessment resolution due to the fact that they have been developed or received a certificate of occupancy since the original assessment resolution for the Cudjoe Regional Inner Islands Service Area. "Non -Ad Valorem Assessment Roll" means a non -ad valorem assessment roll, as defined in Section 197.3632(1)(e), Florida Statutes, approved by a Final Assessment Resolution pursuant to Section 2.06 of the ordinance or an annual rate resolution pursuant to Section 2.08 of the ordinance. "Ordinance" means Ordinance No. 027-2003. "Prepayment Amount" means the amount required to prepay remaining balance of Wastewater Assessment for each Tax Parcel following certification of the Non -Ad Valorem Assessment Roll for the ad valorem tax bill to be mailed in November of each year. 4 "Property Appraiser" means the Monroe County Property Appraiser. "System Development Fee" means that portion of the capital cost of the wastewater system being assessed to each owner of a Tax Parcel, up to a maximum of $4,500 per EDU. "Tax Collector" means the Monroe County Tax Collector. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll described in Section 193.114(2), Florida Statutes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "Utility" means Florida Keys Aqueduct Authority. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, grant to a board of county commissioners all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. (B) The Board has enacted the Ordinance to authorize the imposition of wastewater assessments to allow payment of the cost to provide wastewater service to be paid over a period of years using the Uniform Assessment Collection Act. (C) The availability of payment options that allow a property owner either to pay an Initial Prepayment of the System Development Fee or to pay the System Development Fee over a period of years as Annual Wastewater Assessments provides a special benefit to property and encourages the property owner to pay the assessable amounts on a timely basis. (D) Since the System Development Fee and related costs are directly related to each specific parcel of property to be assessed, the wastewater assessment program provides an equitable method of funding the System Development Fee and related costs. 5 ARTICLE II WASTEWATER ASSESSMENTS SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED. Wastewater Assessments shall be imposed in the Cudjoe Inner Island expansion area as adopted on January 16, 2013 by the Board of County Commissioners and properties listed in the Cudjoe Inner Islands that due to timing of development or changes in use, may not have been included on the non -ad valorem tax roll certified in September 2012(Appendix A) SECTION 2.02. IMPOSITION OF ASSESSMENTS. Wastewater Assessments shall be imposed for a period of 20 years. The first Annual Wastewater Assessment for the Cudjoe Regional Inner Island expansion area and newly developed properties not included on the non -ad valorem tax roll certified in September 2012 will be included on the ad valorem tax bill to be mailed in November 2013. When imposed, the wastewater assessment for each Fiscal Year shall constitute a lien upon such Tax Parcels pursuant to the Ordinance. SECTION 2.03. PREPAYMENT AMOUNTS. In the initial year, the amount necessary to prepay the System Development Fee in full for each Tax Parcel shall be $4,500 per EDU. In each successive year, a Prepayment Amount for each Tax Parcel shall be computed annually. SECTION 2.04. COMPUTATION OF ANNUAL ASSESSMENTS. The Annual Wastewater Assessment shall be computed for each Tax Parcel as the sum of (1) the Annual System Development Fee Payment, and (2) the Collection Cost. The Annual System Development Fee Payment is computed as the unpaid balance of the System Development Fee amortized together with interest up to 5% per annum, over the remaining term for such tax parcel. The interest rate applied will be determined based on the interest rate obtained by Monroe County to borrow funds to complete the projects. SECTION 2.05. PREPAYMENT OPTION. The owner of each Tax Parcel subject to the Wastewater Assessments shall be entitled to prepay all future unpaid Annual Wastewater Assessments upon payment of an amount equal to the sum of (1) the Annual Wastewater Assessment and (2) the Adjusted Prepayment Amount. The amount of all prepayments made pursuant to this Section 2.05 shall be final. SECTION 2.06. MANDATORY PREPAYMENT. The owner of a Tax Parcel subject to the Wastewater Assessment shall immediately prepay all future unpaid Annual Wastewater Assessments for such Tax Parcel if (1) the Tax Parcel is acquired by a public entity through condemnation or otherwise, or (2) a tax certificate has been issued and remains outstanding in respect of the Tax Parcel and the County, at its sole option, elects to accelerate the Wastewater Assessment. Failure by the property owner to comply with this Section 2.06, will result in the remaining Prepayment Amount (plus interest computed at the rate utilized to compute the Annual System Development Fee Payment) being placed on the Tax Parcel's ad valorem tax bill for the next Fiscal Year, in addition to its share of the Collection Cost and Statutory Discount. 0 SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION. Upon subdivision of any Tax Parcel subject to the Wastewater Assessment, and compliance with the conditions set forth below, the Prepayment Amount for such Tax Parcel shall be reallocated among the subdivided parcels as described in the Final Assessment Resolution. ARTICLE III NOTICE AND PUBLIC HEARING SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL. The County Administrator is hereby directed to prepare the preliminary Non -Ad Valorem Assessment Roll in the manner provided in the Ordinance. The preliminary Non -Ad Valorem Assessment Roll shall be maintained by the County Administrator and open to public inspection beginning May 16, 2013. The foregoing shall not be construed to require that the Non -Ad Valorem Assessment Roll be in printed form if the amount of the Wastewater Assessment for each Tax Parcel can be determined by use of a computer terminal available to the public. SECTION 3.02. PUBLIC HEARING. A public hearing will be conducted by the Board at 3:00 p.m., or as soon thereafter as the matter can be heard on June 19, 2013, at the County Commission Chambers in the Marathon Government Center; 2798 Overseas Highway; Marathon, Florida to consider (A) imposition of the Wastewater Assessments, and (B) collection of the Wastewater Assessments pursuant to the Uniform Assessment Collection Act. SECTION 3.03. NOTICE BY PUBLICATION. Upon completion of the Non -Ad Valorem Assessment Roll, the County Administrator shall publish a notice of the public hearing authorized by Section 3.02 hereof in the manner and the time provided in Section 2.05 of the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix B. SECTION 3.04. NOTICE BY MAILING. In addition to the notice provided in accordance with Section 3.03, above, at least 20 days prior to the public hearing, the County Administrator shall mail a notice of the public hearing to each person owning property subject to the assessment. Said notice shall be mailed by first-class mail, and shall include all of the information required by Section 197.3632(4)(b), Florida Statutes. Attached as Appendix C. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Wastewater Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of a Final Assessment Resolution confirming this Resolution and imposing the Wastewater Assessments, the Non -Ad Valorem Assessment Roll shall be certified to the Tax Collector pursuant to the Uniform Assessment Collection Act. SECTION 4.02. SEVERABILITY. If any clause, section or provision of this Resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 15a' day of May, 2013. Mayor George Neugent Mayor Pro Tern Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) Attest: Amy Heavilin, CLERK Un Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 8 Mayor/Chairperson APPENDIX A DESCRIPTION OF THE CUDJOE INNER ISLANDS EXPANSION AREA AS ADOPTED ON JANUARY 16, 2013 BY THE BOARD OF COUNTY COMMISSIONERS, AND PROPERTIES LISTED IN THE CUDJOE INNER ISLANDS THAT DUE TO TIMING OF DEVELOPMENT OR CHANGES IN USE, MAY NOT HAVE BEEN INCLUDED ON THE NON -AD VALOREM TAX ROLL CERTIFIED IN SEPTEMBER 2012: ALT OWNER 1149772 ANDREW & HELEN SAUNDERS 1149781 PAUL D FOX 1149799 WEN DY L MEYER 1149829 EDGAR & OLYMPIA OTTO 1149837 TIITF 9082442 ROBERT & JUDITH YASUDA 1149896 F PT& RJ B LIMITED PARTNERSHIP 1149900 RAY MOND C CUDA 1149918 TIITF 1149934 WALTER E DAVIS JR 1150428 ROGER AKERS 1150436 ROGER AKERS 1150444 ORLANDO LINARES 1150452 MICHEAL & TAMMY BRYAN 1150461 TIITF 1150576 MONORE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1150584 IJOHN DICKENSON 1150592 JOSE RAUL HERNANDEZ 1150606 TIITF 1150614 EARNEST & ALICE VOLLGER 1150622 PETER & LENNIE MARSHALL 1150631 ITIITF 1150649 H J H& S G H LTD 1150657 TIITF 1151351 ARTURO COBO 1151360 MONORE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1151378 MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1151386 MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1151432 RALPH J & BEVERLY ROBBINS 1151584 SARAH JAN E MARSHALL 1151556 ITHOMAS KELLY 1151564 FRANCIS P MOONEY 8849846 JUDI'S HOUSE INC 8849559 JUDI'S HOUSE INC APPENDIX A AK# Permit# Address Owner 1261874 01103338 825 GULF DR SUMMERLAND HOUSE LLC 1238252 04100194 1137 BASQUE LANE CBRIS LLC 1236616 04101353 22938 JOHN AVERY LANE CBRIS LLC 1237311 04105551 1193 DE LUSSAN LANE KWEST LLC 1238422 05100097 1115 THATCH LANE MARTINEZ IGNACIO & MARTA 1238562 05100100 1136 THATCH LANE FRANK FERREIRO 1233102 05101131 22932 BLACKBEARD LANE SOUTHERNMOST HOMES INC 1233129 05101135 22912 BLACKBEARD LANE SOUTHERNMOST HOMES INC. 1238589 05103787 1116 THATCH LANE MARTINEZ RODOLFO 1232530 05106718 22480 JOLLY ROGER DR HONDRU SUSAN 1233382 07100607 22871 BUCCANEER LANE KGKEYS LLC 9085565 07104678 1053 HAWKSBILL LN CBRIS LLC 1237639 10102513 1156 HAKLUYT LN MURPHY THOMAS 1252069 11101722 548 AIRPORT DRIVE ORDUN DAVID H & GAIL L 1237001 04105576 1078 PICARD LANE CBRIS LLC 1251470 07102386 78 N LAKE DR GASTER ORVAL ROBERT & VIRGINIA 1238236 12103634 1117 BASQUE LANE CBRIS LLC REMAINDER OF PAGE LEFT BLANK 10 APPENDIX B FORM OF NOTICE FOR PUBLIC HEARING TO CONSIDER ADOPTION OF FINAL ASSESSMENT RESOLUTION REMAINDER OF PAGE LEFT BLANK 11 FORM OF NOTICE FOR PUBLIC HEARING TO CONSIDER ADOPTION OF FINAL ASSESSMENT RESOLUTION NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY FINAL ASSESSMENT RESOLUTION NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 19, 2013 at 3:00 p.m., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida intends to conduct public hearings to consider approval of the following County final assessment resolution: CUDJOE REGIONAL INNER ISLANDS WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM FINAL ASSESSMENT RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE PROVISION OF WASTEWATER CAPACITY; IMPOSING ANNUAL WASTEWATER ASSESSMENTS FOR PROPERTIES ADDED TO THE SERVICE AREA IN JANUARY 2013 OR DEVELOPED SINCE THE PRIOR ASSESSMENT ROLL FOR THE CUDJOE REGIONAL INNER ISLANDS SERVICE AREA; APPROVING THE SUPPLEMENTAL NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. The figure below depicts the limits of the Cudjoe Regional Wastewater Treatment System Inner Islands Service Area. Wastewater Assessments shall be imposed on improved, privately owned tax parcels in the centralized Cudjoe Regional Service Area in the Cudjoe Regional Services Area that include (1) Inner Island expanded service area parcels, as adopted by resolution on JANUARY 16, 2013; (2) parcels in the Cudjoe Regional Wastewater Treatment System Service Area that have been developed or issued a permit to develop after JANUARY 28, 2009. The final non -ad valorem supplemental assessment rolls prepared as directed by the adoption of this resolution will include properties to receive central wastewater service. The central service boundary is as delineated in the Master Plan Update approved by the Board of County Commissioners on January 28, 2009 and updated by resolution on July 18, 2013. First class notices describing the supplemental assessment programs were mailed to owner addresses on file with the property appraiser following the adoption of the initial resolution on May 15, 2013. 12 Cudjoe Regional Wastewater Treatment System Inner Islands Service Area A more specific description of the Cudjoe Regional Inner Islands Wastewater Assessment Supplemental Program is set forth in the proposed Final Assessment Resolution which can be viewed on the Monroe County website at htlp://fl-monroecounty.civicplus.com/agendacenter following publication of the June 19, 2013 BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe Regional Inner Islands Wastewater Assessment Supplemental Program is available for inspection at the County Administrator's office, located at The Historic Gato Cigar Factory, 1100 Simonton Street, Suite 2-205, Key West, Florida. The assessments will be collected on the ad valorem tax bill by the Tax Collector, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. The Board intends to collect the assessments in installments, the first of which will be included on the ad valorem tax bill to be mailed in November 2013. The public hearing is being held for the purpose of receiving public comment on the proposed assessments and collection of the assessment on the ad valorem tax roll. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing, or twenty days from the date of this notice, whichever is longer. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings, and that, for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 13 ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292- 4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (S) calendar days prior to the scheduled meeting, ifyou are hearing or voice impaired, call "711': Dated at Key West, Florida this day of May, 2013. (SEAL) AMY HEAVILIN, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication as display ad with border on the following dates: Reporter (Fr) Keynoter (Sa) KW Citizen (Fr) 14 APPENDIX C First Class Notice To Be Mailed REMAINDER OF PAGE LEFT BLANK 15 Monroe County Engineering Division — Gato Office 1100 Simonton Street, Suite 2-216 Key West, FL 33040 (305)292-4525 «OwnerName1» «OwnerName2» «OwnerAdd 1 » «OwnerAdd2» ((City)) «State» ((Zip)) ((COUNTRY)) Board of County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tern Heather Carruthers, Dist. 3 _ Danny L. Kolhage, Dist. 1 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 -'1 ". AK#: Sequence Number: CI-«SegNum» Notice Date: May 29, 2013 Re: Notice of Wastewater Non -Ad Valorem Assessments (Inner Area — Supplemental Program) Dear Property Owner: Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in 2013 as required by the State Appropriation. Property owners have the option to pay the System Development Fee for these services as one lump sum (Prepayment) or in installments (Wastewater Assessment) financed over twenty years and collected on the ad valorem tax bill as a non -ad valorem assessment. You are receiving this Notice because your property has been included in the Cudjoe Regional Centralized Wastewater expanded service area or your property has been newly improved in the past 18 months. Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based on water consumption for the three year period of 2009, 2010 and 2011. The EDU Allocation for non-residential property is calculated by using the highest three month average water consumption and dividing it by the average monthly water consumption for a residential unit. If you feel there is a mistake on this notice, you need to request an EDU Allocation review. Contact the Monroe County Engineering Division at wastewater(a)monroecounty-fl.gov or at (305) 292-4525 to obtain a Wastewater Appeal form. The EDU Allocation for the above parcel is: EDU The lump sum System Development Fee has been set at $4,500 per EDU. The lump sum System Development Fee for the above parcel is <4500xEDU>. You will receive a separate notice of your prepayment amount at the end of June 2013; the Prepayment will be due by August 31, 2013, if you decide to prepay. If you do not wish to prepay the assessment by August 31, 2013, but decide you want to pay off the assessment in the future, payoffs are calculated annually by reducing the System Development Fee by the principal portion of the annual assessment. Please contact us at (305) 292-4525 to obtain a payoff memo. Payoffs are accepted annually through August 31 and are usually available beginning in October. Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the System Development Fee over 20 years on the property tax bill as authorized by section 197.3632, Florida Statutes. No action is required on your part to elect this option. The assessments will be payable in not to exceed twenty (20) annual installments amortized at a currently estimated 2.4% interest rate which makes the 2013 annual installment $308.93. The actual rate will be set in June 2013 but will be re-evaluated annually in September each year. The first payment shall be included on the ad valorem tax bill to be mailed in November 2013. The total assessment revenue to be generated within the entire Cudjoe Region, including the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period is approximately $89.5 million. Failure to pay your assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The maximum Annual Wastewater Assessment is proposed at $308.93 per EDU. The estimated maximum Annual Wastewater Assessment for the above parcel is: <$308.93xEDU> You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for June 19, 2013 at 3:00 p.m. at the Marathon Government Center 2798 Overseas Highway, 2nd Floor Marathon, FL 33050. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at http://fl-monroecounty.civicplus.com/agendacenter on June 7, 2013. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing. If you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation or an interpreter to participate in this proceeding, contact the County Administrator at (305) 292-4441 at least 48 hours prior to the date of the hearing. Once construction is complete and wastewater service becomes available, owners of properties with water service will be required to connect to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice. This notice satisfies the statutory requirement for notice of the requirement to connect to the regional wastewater treatment system once service becomes available. Property owner responsibilities including construction of on -site pipes, abandonment of on -site systems, permitting and related tasks to complete the connection will be detailed in the connection notice. The on -site costs described above are in addition to the System Development Fee. If you have any questions about this notice you can contact Monroe County Engineering Division at (305) 292-4525 between the hours of 9:00 a.m. and 4:00 p.m. *******THIS IS NOT A BILL — DO NOT PAY****** 16 ADDITIONAL BACK-UP: Resolution No. 197-2012 Resolution No. 198-2012 DoeN 1898719 09/12/2012 Filed & Recorded In Official R eords of MONROE COUNTY DANNY L. KOLRAGE RESOLUTION NO. 197 2012 A RESOLUTION OF THE BOARD OF COUNTY COM aSSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE -PROVISION OF WASTEWATER CAPACITY; IMPOSING ANNUAL WASTEWATER ASSESSMENTS; APPROVING THE NON -AD VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 15, 2003 the Board of County Commissioners (the "Board") of Monroe County, Florida, enacted Ordinance No. 027 2003 (the "Ordinance"), to authorize the imposition of special assessments to fund the cost of wastewater treatment capacity; and WHEREAS, on June 20, 2012, the Board adopted Resolution No. 173-2012 (the "Initial Assessment Resolution") relating to the provision of wastewater service to properties in the Cudjoe Regional Centralized Inner Islands Service Area, describing System Development Fees (SDFs), collection costs and other terms and conditions of wastewater assessment for properties located within these areas; and directing preparation of the preliminary Non -Ad Valorem Assessment Roll and publication of the notice required by the Ordinance; and OWHEREAS, 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 J of the Ordinance; i DocN 1898719 BkN 2388 PgN 739 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 125, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution as defined in the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. SECTION 3. MODIFICATION AND CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION (A) For purposes of clarification, the term "System Development Fee" contained in Section 1.01 in the Initial Assessment Resolution is modified to read as follows: "System Development Fee" means that portion of the capital cost of the wastewater system being assessed to each owner of a Tax Parcel up to a maximum of $4,500 per Equivalent Dwelling Unit ("EDU"). The number of EDUs for residential properties will be the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of adoption of the resolution. The EDU Allocation for non-residential property is calculated by using the highest three month average water consumption over a three year period and dividing it by the average monthly water consumption ' for a residential unit. For the purposes of EDU Allocation, the average water consumption for a residential unit is 167 gallonstday. (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 m the Non -Ad Valorem Assessment Roll are hereby found to be specialty benefited by the provision of wastewater capacity in the amount of the annual Wastewater Assessment set forth in the Non Ad Valorem Assessment Roll. The methodology for computing annual Wastewater Assessments described in the Initial Assessment Resolution represents a fair and reasonable apportionment of cost among the Tax Parcels receiving the special benefit and is hereby approved Annual Wastewater Assessments computed in the manner described in the Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described in the Non -Ad Valorem Assessment Roll at the rate and for the term designated for each Tax Parcel in the Non -Ad Valorem Assessment Roll attached hereto as Appendix C. The initial Annual Wastewater Assessment will be included on the ad .'� valorem tax bill to be mailed in November 2012. 2 Docp 2898719 Bkp 2588 Pgq 740 (B) * Pursuant to the Uniform Assessment Collection Act and the Ordnance, the Wastewater Assessments shall constitute alien against assessed property equal in -rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, titles and claims, until paid. The lien shall be deemed Perfected upon adoption by the Board of this Final Assessment Resolution or an Annual Assessment Resolution and shall attach to the property included on the Non Ad Valorem Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. (C) As to any Real Estate Parcel that is acquired by a public entity through condemnation, negotiated sale or otherwise prior to adoption of the next Annual Assessment Resolution, the Adjusted Prepayment Amount shall constitute alien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall he deemed pmffected upon adoption by the BOCC of the Annual Assessment Resolution and shall attach to the property included on the Assessment Roll upon adoption of the Annual Assessment Resolution. SECTION 6. COLLECTION OF WASTEWATER ASSESSMENTS. The J Wastewater Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the County Administrator shall cause the certification and delivery of the Non -Ad Valorem Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. SECTION 7. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the reasonableness of the legislative determination of special benefit and fair apportionment to the assessed property; the reasonableness of the method of apportionment; the enforceability and accuracy of the calculation of the initial rate of assessment and the preparation of . the initial Non -Ad Valorem Assessment Roll; and the validity and enforceability of the lien of the annual Wastewater Assessment), unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board action on this Final Assessment Resolution. SECTION 8. ASSESSMENT NOTICE. The County Administrator is hereby directed to record this Resolution as notice of the Wastewater Assessments in the Official Records Book in the office of the Monroe County Clerk of Courts. The preliminary Non- Ad Valorem Assessment Roll and each annual Non Ad Valorem Assessment Roll shall be .� retained by the County Administrator and shall be available for public inspection. 3 Docq 1898719 BkN 2588 Pg# 741 SECTION 9. APPEAL PROCEDURE. (A) EDUs were allocated for Real Estate Parcels requiring wastewater service within the centralized Cudjoe Regional Wastewater Service Area based on the Property Appraiser classification of residential parcels and the water consumption for non-residential parcels. The appeal procedure attached hereto as Appendix D is hereby established for an owner of a Real Estate Parcel to challenge the treatment of the property for purposes of the assessments. (B) Notwithstanding Section 9 of this Final Assessment Resolution, any appeals for the 2012 tax bill must be filed by July 18, 2012 as described in the First Class Notice, a sample of which is provided in Appendix B. SECTION 10. PREPAYMENT NOTICES. The County Administrator is hereby directed to provide notice by first class mail to the owner of each Real Estate Parcel described in the Assessment Roll of the opportunity to prepay all future Annual Assessments, without additional financing or administrative costs. The notice, in substantially the form attached as Appendix E, shall be mailed to each property owner at the address utilized for the notice provide pursuant to Section 3 04 of the Initial Assessment Resolution, as amended herein. SECTION 11 EFFECTIVE DATE, This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the I e day of July, 2012. Mayor David Rice Mayor Pro Tem Kim Wigington Commissioner George Neugent Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) Attest DANNY L. KOLHAGE, Clerk 44JC.Ma�n&�-) By- Deputy Clerk qoc" 2898719 t# 2588 P9N 742 Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA - OVY� By:, Mayo hairperspn 9�6/ ` DccN 1898719 Bkp 2588 PgN 743 �J Appendix A Proof of Publication (to be inserted upon receipt from the newspapers) A-1 0 . KaYV11v45T n..,,�.xw.o�wmrrw•..pw.n.r c am Cooke Communications, L.LC Florida Keys PO Box 1000 Key West Ft 33041 Office.....305292-7777 Extensioh........x219 Fax ....... 306-295.8025 leaals0kevsnews.c6m INTERNET PUBLISHING keywastcom keysnews.00m floridakeys.co n key=west.com Web Design Services NEWSPAPERS The Citizen Soulheminost Flyer 6olares Hill Big Pine Free Press Marathon Free. Press Islamorada Free Press Key Largo Free Press MARKETING SERVICES Commercial Printing Clttzen Locals Card Direct Mail FLORIDA XEYS OFFICES Printing I Main Facility 3420 Northside Drive - Key West, FL .33040-1800 Tel .305-292-7777 Fax 305-294-0768 citizen(Skeywincom Internet Division. 33040-3328 Tel 305-292-1880 Fax 305-294-1699 saleg@keywesLeom STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice -President of Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of UIC.. 'FfJU.A) f .CSo?.cAt(u— ...J—: W&A was published in said newspaper in the issue(s) of -2 7 4 uy u) �j q, 2u1 i!_ Affiant further says that the Key West Citizen is: a newspaper published in Key West,..in said Monroe County, Florida and that the said )Newspaper has heretofore been continuously published in said Monroe County, Florida.every day, and has been entered. as -second-elass mail matter at the post office in Key West; in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement;. and affhmt further says that he has neither paid nor promised any person; f rm or corporation any discount, rebate, commission or refund for the- purpose of securing this advertisement for publication in the said newspaper. Signature .of -Affiant Sworn and subscribed before me this,-V_ day of _V 1 , 2012 Upper Keys office No Public: t DAWN KAWZINSKY 91731 Overseas Hwy c• NOTARY PUBLIC Tavernier. FL 33076 _STATE OF FLORIDA Tel 305-853-7277 AA Comm# EE167233 Fax 305-653-0556 G{ . • � E ti —Expires 1/4/2016 frespress@floridakeys.com �w a k4� Dawn Kawzmsky 0. Expires: 1/4/16 Notary Seal Personally.Known x Produced. Identification Type of Identification Produced T VNIZM I I �11 I U �.14; q pa MS1 19 0 Appendix B Affidavit of'Mailing IM 0 AFFIDAVIT OF MAILING BEFORE ME, the, undersigned authority, personally appeared ELIZABETH A WOOD, SANDI MELGAREJO and CHARITY MOORE who after being duly swom depose and say: 1 1, Elizabeth A. Wood, Senior Administrator, Sewer Projects for the Monroe County, Florida, ("County"), pursuant to the authority and direction received from the County Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing and publication of notices in accordance with Ordinance No. 027-2003 (the "Ordinance"), and in conformance with the Initial Assessment Resolution adopted by the County Commission on June 20, 2012, (the "Initial Assessment Resolution"), 2 Sandi Melgarejo, Project Coordinator for GSG. GSG has caused the notices required by the Ordinance to be prepared in conformance with the Initial Assessment Resolution. An exemplary form of such notice is attached hereto. GSG has caused such individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the total arrrount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel.- the total revenue the County expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be Issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at.the hearing and to file written. objections with the local governing board within 20 days of the notice; and the date, time and place of the hearing. $ On or before June 27, 2012, GSG delivered and directed the mailing of the above referenced notices by Modem Mailers, Inc. ("Modem Mailers.), in accordance with the Ordinance and the Initial Assessment Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Monroe County Property Appraiser for the purpose of the levy _and collection of ad valorem taxes. Notices to property owners receiving multiple individual notices were mailed, or caused to be mailed by GSG on or before June 27, 2012. B-2 0 D ,j) 4 r�L wit.is Pr ( l6f Modem Mailers. As directed above, Modern Mail s, mailed or caused to be maiied on or ore June 27, 2012, the above referenced notices delivered to Modem Mailers by GSG. FURTHER AFFIANTS SAYETH NAUGHT. Ellza(�It)A. .. . Afflant Sandl Melgarejo Affiant Lt-t�R,ty �.00re.. Affiant STATE OF FLORIDA COUNTY OF MONROE The foregoing Affidavit of Malting was sworn to and subscribed before me this 3r_kday of July 2012 by . W Elizabeth Aod, Senior Administrator; Sewer Projects for Monroe County, Florida. She is .ersonally known to m_. or who has produced as Identification and did take an oath. s..:..........r............................:.. NNA J. WANSON g e Comm# DD0891641 Expires OWMIS rknu „cLaryAaVL. MC A1Mn.tu..�.r........r..... r•.�.i...•nn. B-3 Notary Public, State of Florida At Large J My Commission Expires Commission No.: ID.b F9l��// 0 STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was swom to and subscribed before: me this day of July 201-2 b eigarejo, Project Coordinator, Government Services Group, .Inc. She is ps Wally known to me-br who has produced as identification and did take an oath. Printed Name: a i?t2Pjt! s TAlVMYPETERS Notary Public, State of Florida _ CnmmWon# DD 921344. ..fresi4ogust 31, 2o13 At Large „ Bado1�TRYiitiss�w�4liSiJli My Commission Expires Commission No..• bA�) STATE OF FLORIDA COUNTY OF LEON The foregoin ffidavlt of Mailing was swor[t,#o and su scribed before me this 4- day of July 12 by oov�- E-Y11Y upPbn 0avaer for Modern Mailers. He! e s ers kno to me r who has produced as identification and did take an oath. TAMW ?'_ nndssbn# DD 9213U " A bw B-4 Printed Name:1iYnV `e;rs Notary Public, State of Florida At Large My Commission Expires Commission No.:T)�) qxuv Monroe County Wastewater Dept. .e' pie •� Board of County Commissioners r 102050 Overseas Highway Suite 2-223 '"js' —•)� ; Mayor David Rice. Dist 4 Mayor Pro Tem Kim Wigington, Dist. Key Largo, FL GeoHeather t. Dist. 33037 i r Carruthers, s Dist. 3 �0Sylvia Murphy, Dist. 5 SUMMERLAND KEY FL 330424828 Sequence Number: MW 01-1500 Notice Date: June 27. 2012 Re: Notice of Wastewater Non -Ad Valorem Assessments (Inner Area) Dear Property Owner: Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence In the beginning of 2013 as required by the State Appropriation. Properly owners have the option to pay the System Development Fee for these services as one lump sum (Prepayment) or in installments (Wastewater Assessment) financed over'twenty years and collected on the ad valorem tax bill as a non -ad valorem assessment. Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties Is based on. water consumption for the three year period of 2009, 2010 and 2011. The EDU Allocation for non- residential property is calculated by usirig the highest three month average water consumption 'and dividing It by the. average monthly water consumption fqr a residential unit. If you feel there is a mistake. on this notice, you need 'to request an EDU Allocation review. For this review, please submit a Wastewater EDU Appeals Form fot EDU Allocations > 1 A to the address printed at the top of this. notice with a postmark of July 18, 2012..Qontact Customer Service at 866-347-1897 to obtain a Wastewater Appeal form, or download it from httpliwww.rrionroacountv.--fl.gov/forms.aspx. The EDU Allocation for the above parcel. is: 1..0 0/The hump sum System Development Fee 'ts proposed at $5,700 per EDU; however, this amount may be reduced at the 11uly 18, 2012 public hearing, The lump sum System Development Fee for the above parcel is $5,700.00. It Is anticipated /that the Prepayment will be due by August 31. 2012, if you decide to prepay. Alternatively, a Wastewater Assessment program has been set Up to provide property, owners the option to pay the System Development Fee. over.20 years on_,the property.tax bill_ No..action is. required on your. part to efecl this, option. The. total. assessment revenue'to bkfre 'e generated within the enCridjge Region. including the financing costs and the collection costs of there are no prepayments) over the entire 20 year period is approximately $89.5 million. The County intends to include annual assessments on your ad valorem tax bill beginning November 2D12. Failure to pay your assessments will cause a tax certificate to be issued against the. property which may result In a loss of title: The maximum Annual Wastewater Assessment is proposed at $638 per EDU; however, this amount may be reduced at the July 10, 2012 public hearing. The estimated Annual Wastewater Assessment for the above parcel Is: $638.00 You are Invited to attend a public hearing to. adopt the Final Assessment Resolution scheduled for July 18. 2012 at 5.01 p.m. at the Harvey Government Center, 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available In the agenda packet for the hearing, to be published at httol/fl-monroscounty cWiicolus corn/aaendacenter on July 6. 2012. All affected property owners have a rightto appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing. If you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal Is to be made. In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation or an interpreter to participate in this proceeding, contact the County Administralor at (305) 292-4441 at least 48 hours prior to the date of the hearing, Once construction is complete and wastewater service becomes available, owners of properties with water service will be required to connect to the regional wastewater treatment system within 3.0 days of receipt of a mandatory connection notice. This notice satisfies the statutory requirement for notice of the requirement to connect to the regional wastewater treatment system once servicebecomes available. Property owner responsibilltlesincluding construction of on -site pipes, abandonment of on -site systems, permitting and related tasks to complete the connection will be detailed in the connection notice. The on -site costs described above are in addition to the System Development Fee. If you have any questions about this notice you can contact Customer Service -at 866-347,1897 between the hours of 9:00 a.m. ".3d 4:00 P.M. B-5 Monroe County I Wastewater bent. '% .- 102050 Overseas Highway Suite 2-223 Key Largo, FL 33037;�j sg SUGARLOAF SHRS FL 33042-3711 Board of County Commissioners Mayor David Rice, Dist. 4 Mayor Pro Tern Kim Wigington, Dist. 1 George Neugent, Dist. 2 Heather Carruthers, Dist. 3 Sylvia Murphy. Dist 5 Sequence Number: MW-02-1500 Notice Date: June 27. 2012 Re: Notice of Wastewater Non -Ad Valorem Assessments (Outer Areal Dear Property Owner, Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in the beginning of 2013 as required by the Stale Appropriation. Property owners have the option to pay the System Development Fee for these services as one lump sum (Prepayment) or, In Installments (Wastewater Assessment) financed over twenty years and collected on the. ad valorem tax bill as a non -ad valorem assessment. Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based on water consumption for the three year period of 2009, 2010 and 2011 The EDU Allocation for non- residential property is calculated by using the highest. three month average water consumption and dividing it by the average Monthly water consumption for a residential Unit. If you feel there is a mistake on this notice. you need to request an EDU Allocatlon review. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations :, 1.1 to the address printed at the top of this notice with a postmark of July 18, 2012. Contact Customer Service at 866-347-1897 to obtain a Wastewater Appeal form, or download It from htto:pvrnw.monroecounty-fl.aovfforms:asox The EDU Allocadtion for the above parcel is: 1.0 he lump sum System Development Fee Is proposed at $15,700 per EDU; however, this amount may be reduced at the my 18, 2017 public hearing. The lump sum System Development Fee for the above parcel is $5,700.00. It -is anticipated that the Prepayment for the Outer Area will be due between July through August 2013. if you decide to,prepay. Alternatively, a Wastewater Assessment program has been set up to provide property -owners the option to pay the System Development Fee over 20 years on the property tax bill. No action is required on your part to elect this option. The total assessment revenue to be generated within the entire CudJoe Region, Including the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period is approximately $89.5 million. The County Intends to include annual assessments on your.ad valorem tax bill beginning November 2018. Failure to -pay your assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The maximum Annual Wastewater Assessment Is proposed .at$638 per EDU; however, this amount may be reduced at the July 18, 2012 public hearing. The estimated Annual Wastewater Assessment for the above parcel Is: $638.00 You are Invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for July 18, 2012 at 5:01 p.m: at the Harvey Government Center, 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available In the agenda packet .for the hearing, to be published at httoa/fl-monroecounty civicnlus coMaaendocenter on July 6. 2012. All affected property owners have a right to. appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing. if you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing, you will need a record, of the proceedings -and may need to ensure that a verbatim record Is made, including the testimony and evidence upon which the appeal Is to be made. In accordance with the Americans with Disabilities Act, If you are a person with a disability who needs any .accommodation or an interpreter to participate in this proceeding, contact the County Administrator at (305) 292-4441 at least 48 hours prior to the date of the hearing. Once construction is complete and wastewater service becomes available, owners of properties with water service will be required to connee( to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice. This notice satisfies the statutory requirement for notice of the requirement to connect to the regional wastewater treatment system once service becomes available. Properly ovdner responsibilities Including construction of -on -site pipes, abandonment of on -site systems, permitting. and related tasks to complete the connection will be detailed In the connection notice. The on -site costs -described above are in addition to the System Development Fee. :3If you have any questions about this notice you can contact Customer Service at 866,341-1897 between the hours of 9:00 a.m. d 4:00 p.m. B.-6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18. Z012 Division: Public Works/En =ering Bulls Item: Yes_ No X Department: Wastewater Staff Contact Person: Elizabeth Wood 453-8795 AGENDA ITEM WORDING: Public hearing to adopt the Final Assessment Resolution (FAR) describing the method of assessment for properties in the centralized Cudjoe Regional Outer Islands wastewater service area. ITEM BACKGROUND: In accordance with section 197.3632, F.S., setting the uniform method for the levy, collection, and enforcement -of non -ad valorem assessments, the local goverment shall hold a properly noticed public hearing to adopt the FAR imposing the assessment sates and approval of the non -ad valorem assessment roll. The Outer Islands include Lower Sugarloaf and Ramrod north to Big Pine Key. PREVIOUS RELEVANT BOCC ACTION: At the June 20, 2012 BOCC meeting; approval was granted for Monroe County to adopt .the centralized Cudjoe Regional Outer Islands Initial Assessment Resolution and to advertise the public hearing for adoption of the FAR for same. At the April 18, 2012 BOCC meeting, the Second Amendment to the September 6, 2005 Interlocal .Agreement was- approved authorizing the levy of a System Development Fee (SDF) of up to $5,700 per Equivalent Dwelling Unit (EDU). Resolution 440b-2011 was. adopted on December 14, 2011 renewing the BOCCs intent to use the uniform method of collecting note -ad valorem special assessments for the cost of providing wastewater services. ;� CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated. TOTAL COST: $18,000 BUDGETED: Yes X No COST TO COUNTY: SOURCE OF FUNDS: MSTU REVENUE PRODUCING: Yes i N AMOUNT PER MONTH Year $2.151M APPROVED BY: County Atty OMB�Purchesing Risk Management DOCUMENTATION: Included X DISPOSITION: Not Required AGENDA ITEM # MONR&E ab NTY aDAMNY la1 Re cis of DoeN 2898718 Bkp 2586 PSN 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; IWOSING 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 v 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 commems .and. receiving objections. of all int.mm ted ....... _ - .. . 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 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. _... 0) '-- As so modifiWthelintial 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 Bkq 258887P90 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. The County Administrator is hereby directed to provide notice by first class mail to the owner of each Real Estate Parcel described in the Assessment Roll of the opportunity to prepay all future Annual Assessments, without additional financing or administrative costs The notice, in substantially the form attached as Appendix E, shall be mailed to each property owner at the address utilized for the notice provide pursuant to Section 3.04 of the Initial Assessment Resolution, as amended herein. SECTION I I - 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. KOLHAGE, Clerk PP. ` Deputy Doen 1898718 Skp 2588 P9n 686 Yes _Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . N.- - 4% W� BY: Mayor/Chairpd ti r 4 Docq 1898718 Bkq 2588 PgN 687 Appendix A Proof of Publication (to be inserted upon receipt from the newspapers) A-1 KaY W83r `� sa.+a�++arrrw.oae.a.�x,•,o�e.a�e.rae Cooke Communication, LLC Florida Keys PO Box 1800 Key West F13.3041 Office....305-292.7777 Extension ........ x219 Fax ....... 305 295.8026 lenals a0keysnews com INTERNET PUBLISHING keywestcom kaysnaws.com floridakeys.com key-west.com Web Design Services NEWSPAPERS The Citizen Southernmost Flyer Soleres. Hill Big Pine Free Press Marathqn Free Press Islamorsda. Free Press Key Largo Free Press MARKETING SERVICES Commercial Printing Citizen Locals Card Boca Vteil FLORIDA KEYS OFFICES Printing I Main Faclitty 3420 Northeide Drive .Key West. FL 33040-1800 Tot 305-292-.7777 Fax 305-294-0768 citizcn@kevwestcom Intemet Dlvislon 33040-3328 Tel 305-292-1880 Fax 305-294-1899 sales(lokeywest.com Upper Keys Office 91731 Overseas Mary Tavernier, FL 33070 Tel 305-853-7277 Fax 305.853-05,58 freepress@llorWakeys.com STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice President.of Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of was published in said, newspaper in the issue(s) of e.Z v ,ZDiz. Afflant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and -that the said newspaper has heretofore .been continuously published in said Monroe County, Florida every day, and has-been entered as second-class mail. matter at the.post office in Ivey West, in said Monroe County, Florida, for a.perlod of 1 year next preceding the first publication of the attached copy of advertisement; and, affiant further says that he has -neither paid nor promised any person, firm. or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication -in the said newspaper. Signaturee of Affiant Sworn and subscribed before me this day of �7_1J 2012 Notary Public: r DAWN KAWZiNSKY NOTARY PUBLIC STATE OFFLORIDA CommkEEI57233 ► Expires 1/4/2016 Dawn Kawzinssky Expires: 1/4/16 Notary Seal Personally Known x Produced Identification Type of Identification Produced TrTff- 4� I Pt.2 77 Fe Villrl 4 t 1 �i: 16 qg.......... . � w 0" tRR T JIM M Appendix B Affidavit of Mailing Mal r AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared ELIZABETH A WOOD, SANDI MELGAREJO and CHARITY MOORE who after being duly sworn depose and say: 1 1, Elizabeth A. Wood, Senior Administrator, Sewer Projects for the Monroe County, Florida, ("County"), pursuant to the authority and direction received from the County Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing and publication of notices in accordance with Ordinance No: 027-2003 (the "Ordinance"), and in conformance with the Initial Assessment Resolution adopted by the County Commission on June 20,.2012, (the "Initial. Assessment Resolution"). 2 Sandi Meigarejo, Project Coordinator for GSG. GSG has caused -the notices. required. by -the .Ordinance to be prepared in conformance with the Initial Assessment Resolution. An exemplary form of such notice is attached hereto: GSG has caused such Individual notices for each affected property owner to be prepared and each notice included the following information: the purpose -of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number.of such units cohtained within each parcel; the total .revenue the County expects -to collect by the assessment; a statement that failure to pay the .assessment will cause a .tax certificate to be Issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written. objections with the local governing board within 20 days of the notice; and the date, time and place of the hearing. 1 3 On or before. June 27, 2012, G$G delivered and directed the mailing of `J the above referenced notices by Modern Mailers, Inc. ("Modern Mailers"), In accordance with the Ordinance and the initial Assessment Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roil database maintained by the Monroe County Property Appraiser for the purpose- of the -levy and collection of ad- valorem taxes. Notices to property owners receiving multiple individual notices were mailed, or caused to be mailed by GSG on or before June 27, 2012. J 1:� 4 CwMa'fl, ls. Modem above, Modem iled or causedto be mailed on or be are June 27 referenced notices delivered to Modem Mailers by GSG.. FURTHER AFFIANTS SAYETH NAUGHT. to STATE OF FLORIDA COUNTY OF MONROE Mailers, As directed 2012, the above P)l.'.n s, � r:Ox, •••Afflant Sandi Melgarejo Afflant L IAAQtiYA1 NNCOGYe— Affiant The foregoing Affidavit of Moiling was sworn to -.and subscribed before me this ]jJ-day of July 2012 by Elizabeth A. Wood, Senior Administrator, Sewer Projects for Monroe County, Florida. She is ertsonaily known to'-m--d*:or who has produced as identification and dial take an oath. r rrnrr.rr DONPAJ HANSOM rrrrrarrr:. COMM# DDOp91641 ; Expires 6=2018 I,, r••.raro rleaca �.o,nryAsan� ]pc Ynr�rr.nrl/rr.r.,..rrrr.rrl..r r.•r1•� J 13-3 Notary Public, State of Florida At Large My Commission Expires sbpDI3 Commission No.:'D D O F9 lbZ// STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was swom to and subscribed before me this,.,,, day of July 2012 bby Sandi Melgarejo, Project Coordinator, Qovemment Services Group, Inc. She is ppF ns -aliy known tome r who has produced as identification and did take an oath.. TAMmYPETERs a :+�_ Cbmmiss� # DD 921344 EVIMAugust31, 2013 p 9-W.nmTwvr&zw�wewBo0ii6aC1G Printed Name: ��r PJVLS Notary Public, State of Florida. At Large My Commission Expires Commission No.: 9-Q 1.3 � STATE OF FLORIDA COUNTY 'OF LEON `J The foregoin ffidavit of Mailing was sworn}- and su scribed before me this C11, day of \ J July 12 by OOr''.- . t'F" dli . ,'fin Obya i- for Modern Mailers. He/ a is ers kno to me • r whohas produced as identification and did take an oath. � �DD 921344 AWw13f, 2013 J B-4 Printed Name: Notary Public, State of Florida At Large My Commission Expires Commission No.:'M 2,21-: T Monroe County Wastewater Dept. 102050.Overseas Highway Suite 2 223 Key Largo, FL 33037 f� Board of. County., Comrnisstoners Mayor -David Rice, Dist 4 11 Mayor Piro Tom Kim Wigington, Dist. 1 V George Neugent. Dist. 2 !' Heather Carruthers, Dist. 3 Sylvia Murphy, Dist. 5 00 SUMMERLAND KEY FL 33042-4828 Sequence Number: MW-01-1500 Notice Date: June 27, 2012 Re: Notice.of. Wastewater Non -Ad Valorem Assessments (Inner Area) Dear Property Owner. Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in the beginning of 2013 as required by the State Appropriation. Property owners have the option to pay the System Development Fee for these services as one lump sum (Prepayment) or In Installments (Wastewater Assessment) financed over twenty years and collected on the ad valorem tax bill as a non -ad valorem assessment. Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based on water consumption for the. three year period of 2009, 2010 and 2011. The EDU Allocation for non- residential property Is calculated by using the highest three month average water donsuriptloh and dividing it by the average monthly water consumption for a residential unit. If you feel there is a mistake- on this notice, you need to request an EDU Allocation review. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations > 1.1 to the address printed at the top of this notice with a postmark of July 18, 2012. Contact Customer Service at 868-347-1897 to obtain a Wastewater Appeal form, or download It from htto:flwww.rnonroecounly-fl.aoyfforms.asox. The EDU Allocation for the above parcel is: 1.0 3 The lump sum System Development Fee is proposed at $6,700 per EDU; however, this amount may be reduced at the July 18, 2012 public hearing. The lump sum System Development Fee forihe above parcel is $5,700.00. It Is anticipated that the Prepayment.will be due by August 31, 2012, If you decide.to prepay. Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the System DevelopMiint' Fee 'over 20 'years on the property'tax' bill - No action -is -required -on -your part to elect this -option. The• total -- assessment revenue to be gel,erate.d within the entire Cudjoe Region, including the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period is approximately $89.5 million. The County intands to Include annual assessments on your ad valorem tak bill beginning November 2012. Failure to pay yourassessments will cause a tax certificate to be issued against the property which may result In a loss of title. The maxIMUm Annual Wastewater Assessment is proposed at $538 per EDU; however, this amount may be reduced at the July 18, 2012 public hearing. The estimated. Annual Wastewater Assessment for the above parcel Is: $638.00 You are invited to attend a public. hearing to adopt the Final -Assessment. Resolution scheduled for Jury 1.9. 2012 at 5:0i p.m. at the Harvey Government Center, 1200 Truman Avenue, Key West, FL 33040. The Final Assessment Resolution will be available In the agenda packet for (he hearing, to be published at hk.iin-monroecounty.civicolus.comfegendacenteon July 6. 2012. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to the public hearing, If you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing, you will need a record or the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be. made. In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation or an interpreter to participate in this proceeding, contact the County Administrator at (305) 292-4441 at least 46. hours prior to the date of the hearing. Once construction is complete and wastewater service becomes avallable. owners of properties with water service will be required to- connect to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice. This notice satisfies the statutory requirement for notice of the requirement to connect to the regional wastewater treatment system once -service becomes available. Property. owner responsibilities including construction of on -site pipes, abandonment of on -site systems, permitting and related tasks to complete the connection will be detailed'In the connection notice. The on -site costs described above are in addition to the System Development Fee. If you have any questions about this notice you can contact Customer Service at 866-347-1897 between the hours of 9:00 a.m. 1 and 4:00 p.m. ra Monroe County Wastewater Dent. 102060 Overseas Highway Suite .2-223 Key Largo, FL 33037 .... .... .... SUGARLOAF SHRS FL 3%2-3711 Board of County Commissioners Mayor David Rice, Dist. 4 Mayor Pro Tem Kim Wigington, Dist. George Neugent, Dist. 2 Heather Carnithers, Dist, 3 Sylvia Murphy, Dist. 5 Sequence Number: MW=02-1500 Notice Date: .June. 27.2012 Re: Notice of Wastewater Non --Ad Valorem Assessments (Outer Area) Dear Property Owner. Construction of the Cudjoe Regional Centralized Wastewater Treatment facility 'Is scheduled to commence in the beginning of 2013 as required by the State Appropriation. Property owners have the option to pay the System Development Fee for these services as. one lump sum (Prepayment) or In Installments (Wastewater Assessment) financed over twenty years and collected on the ad valorem tax bill as a non -ad valorem assessment. Each single family parcel has been assigned one. equivalent dwelling unit (EDU). The EDU Allocation for non-residential properties is based on water consumption for the three year period of 2009, 2010 and 2011. The EDU Allocation for non- residential property Is calculated by using the highest three• month average water consumption and dividing it by the average monthly water consumption for a residential unit. If you feel there is a mistake on this notice. you heed to request an EDU Allocation review. For this review, please submit a Wastewater EDU Appeals Form for EDU Allocations > 1.1 to the address printed at the top of this notice with a postmark of July 18. 2012. Contact Customer Service at 866-347-1897 to obtain a Wastewater Appeal form, or download it from hjto,IN+ww monraecounty-fl gov/forms asox The EDU Allocation for the above parcel Is: 1.0 0 The lump sum System Development Fee Is proposed at $5,700 per EDU.; however, this .amount May be redupod at the July 18, 2012 public hearing. The lump sum System Development' Fee for the- above parcel Is $6,700.00. It isanticipated that the Prepayment for the Outer Area will be due between July through August 2013, if you decide to prepay. Alternatively, a. Wastewater Assessment program has been set up to provide property owners the .option .to pay. the System Development Fee over 20 years on the property tax bill. No action is required on your part to elect this option. The total assessment revenue to be generated within the entire Cudjoe Region. Including the financing costs and the collection costs (If there are no prepayments) over the entire 20 year period is? approximatelyS89.5 million. The County Intends to include annual assessments on your ad valorem tax bill beginning November 2013. Failure to pay your assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The maximum Annual Wastewater Assessment is proposed at $638. per,IEDU; however, this amount may be reiduced at the July 18, 2012 public hearing. The estimated Annual Wastewater Assessment for the above.parcei -is, $538.00 You are Invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for July 18. 2012 at 5:.01 p.m. at the Harvey Government Center, 1200 Truman.Avenue,-Key West, FL 33040. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be -published at htto:/Ig-moftecountV.clvlcnlus..com/aaendacento on .July 6, 2012. All affected property owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to .the public hearing. If you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need t6 ensure that a verbatim record is madeIncluding the testimony and, evidence upon which the appeal Is to be made. In accordance with the Americans with Disabilltles Act, If you are a person with a disability who needs any accommodation or an 'Interpreter to participate In this proceeding, contact the County Administrator at (305) 292-4441 at least 48 hours prior to the date of the hearing. Once construction Is complete and wastewater service becomes available, owners of properties with water service• will be required to connect to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice. This notice satisfies the statutory requirement for notice of the requirement to connect to the regional wastewater treatment system once service becomes available. Property owner responsibilities including construction of on -site pipes, abandonment of on -site systems, permitting and related tasks to complete the connection will be detailed In the connection notice. The on -site costs described above are In addition to the System Development Pee. If you have any questions about this notice you can contact Customer Service at 866-347-189.7 between the hours of 9:00 a.m. and 4:00 p.m. B-6 ri RESOLUTION NO.331 -2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING THE WASTEWATER CAPACITY SERVICE FEE FOR PROPERTIES DEVELOPED WITHIN THE CUDJOE REGIONAL CENTRALIZED INNER ISLAND SERVICE AREA AFTER THE LEVY OF THE NON -AD VALOREM WASTEWATER ASSESSMENTS; PROVIDING FOR A METHOD OF ADJUSTING FOR INFLATION; PROVIDING FOR A METHOD OF COLLECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cudjoe Regional Centralized Wastewater Treatment System herein referred to as the "System" is to be constructed with additional capacity for future development; and WHEREAS, impact fees are normally exacted from future new development of properties but cannot currently be required for wastewater because the capacity for new development for the foreseeable future is included in the System design; and WHEREAS, Section 2.02 of the September 6, 2005 Interlocal Agreement between Monroe County and the Florida Keys Aqueduct Authority, as amended September 19, 2007, establishes the levy of non -ad valorem special assessments as a County responsibility; and WHEREAS, Monroe County levied non -ad valorem wastewater assessments to collect System Development Fees of $4,500.00 per Equivalent Dwelling Unit (EDU) from developed properties within the Cudjoe Regional Centralized Inner Island Service Area as described in the Final Assessment Resolutions adopted on July 18, 2012; and WHEREAS, due to timing of development or changes in use, some properties requiring wastewater service may not have been included on the non -ad valorem tax roll certified in September 2012 or may not have been included for the extent of connection required for the usage of that property; and WHEREAS, in order to provide equity for all users of central wastewater systems, a mechanism is necessary to collect a wastewater capacity fee from those properties within the Cudjoe Regional Centralized Inner Island Service Area for which initial or additional wastewater service is required; and WHEREAS, these wastewater capacity fees from future development have been determined to be necessary to pay towards the anticipated debt obligation incurred to provide future development with wastewater service; and WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those properties within the Cudjoe Regional Centralized Inner Island Service Area which initial or additional wastewater service is required; and WHEREAS, adjustments need to be made for inflation since there are financing costs for the project; and Cudjoe Inner Island Assessment Res. 2012 1 c WHEREAS, the inflationary element would contribute to the overall financing costs similar to the interest factor included on the annual assessment; NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA, AS FOLLOWS: Section 1.0. The following fees are hereby established for wastewater system capacity within the Cudjoe Regional Centralized Inner Island Service Area. These fees apply to new development and re -development for which permits are or were issued subsequent to the non -ad valorem wastewater assessments levied on the 2012 tax bill: 1.1 Residential Service: The wastewater capacity fee for residential service is $4,500.00 per residential unit (EDU) times an adjustment for inflation based upon the all cities Consumer Price Index for all urban consumers (CPI-U) as published by the Bureau of Labor Statistics of the U.S. Government. Single family residences will be charged $4,500.00 times a CPI-U adjustment factor. The base date for CPI adjustments for the Inner Islands Service area is December 2012. The CPI adjustment factor will be 1.0 until the December 2012 and subsequent year CPI -Us are published. The CPI-U adjustment factor is calculated as described below in section 2.0. 1.11 Multi -family residences will be charged $4,500.00 for each dwelling unit times the CPI-U adjustment factor. Wastewater capacity fee = $4,500.00 x number of EDUs x CPI-U adjustment factor (see Section 2.0 below) 1_1 Non -Residential Service: The wastewater capacity fee for non-residential properties shall be calculated based on an estimated EDU allocation provided by the Florida Keys Aqueduct Authority. The EDU allocation will be based on the anticipated volume (in gallons) of wastewater anticipated to be generated by the property divided by a volume to EDU conversion of 167 gallons/EDU. The wastewater capacity fee will be adjusted for inflation in the same manner described in sections 1.1 and 1.11 for residential properties. The anticipated volume shall be calculated based on the State of Florida Department of Health System Size Determinations found in Florida Administrative Code (Chapter 64E-6.008 as of the date of this resolution). Wastewater capacity fee = $4,500 x number of EDUs x CPI-U adjustment factor (see Section 2.0 below) Section 2.0. The CPI-U adjustment factor is calculated each year by dividing the most recent year's December CPI-U (not seasonally adjusted) by the CPI-U (not seasonally adjusted) for December 2012. Section 3.0. The wastewater capacity fee shall be collected by the Monroe County Building Department upon issuance of a permit, or if a permit has already been issued but no certificate of occupancy has been issued, the fee shall be collected by the Monroe County Building Department prior to the issuance of the certificate of occupancy. If a building permit or certificate of CudJoe Inner Island Assessment Res. 2012 occupancy was issued but the System Development Fee was not collected pursuant to the Cudjoe Regional Inner Islands Final Assessment Resolution nor was the wastewater Capacity Fee collected by the Building Department, the wastewater capacity fee will be collected as a supplementary non - ad valorem assessment to the 2012 tax roll. The non -ad valorem assessment will be collected as a part of the annual property tax bill and will include the opportunity for prepayment. Section 4.0. These fees shall apply to all permits and certificates of occupancy issued after the effective date of this resolution. Section 5.0. This resolution shall become effective immediately upon its adoption by the Monroe County Board of County Commissioners. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 17t' day of OctobeT, 2012. Mayor David Rice Yes Mayor Pro Tem Kim Wigington _ Yes Commissioner George Neugent — Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy YeR BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORID (Seal) Attest AW HEAVILM, Cler kBy. e" • B Mayor Deputy Clerk C C. rn r- rn C3 • b � 3 M :. O 00 _ MONROE COUNTY ATTORNI V APP VED AS TO ; U NE MUTTON '%"jq C,OU DANE1f Cudjoe Inner Island Assessment Res. 2012