Item J4* 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 Venture Out parcels that were coded as vacant properties and, therefore, not included in
Resolution 197-2012 for the Inner Islands of the Cudjoe Regional Centralized Wastewater Treatment
System adopted on July 18, 2012. F.S. 714120 states that each condominium parcel should be
separately assessed. A separate billing was mailed to these properties in November 2012.
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 the 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. All of the affected properties were already
notified by U.S. mail of the error and of the County's intent to correct the assessment rolls in 2013.
The properties will initially be treated as a separate roll and then combined with the inner islands in
future years.
PREVIOUS RELEVANT BOCC ACTION: On July 18, 2012, the BOCC adopted Resolutions
197-2012 Final Assessment Resolution for the Inner Island Area of the Cudjoe Regional Centralized
Wastewater Treatment System. At the time of the adoption, a number of properties within the Venture
Out Resort community were inadvertently left off of the tax roll because they were listed as vacant n
the Property Appraiser's database. F.S. 718.120 states that each condominium parcel should be
separately assessed.
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: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH Year TBD
APPROVED BY: County Atty Z-V-Ci B/Purchasing _ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM # J-4
* REVISED BACK-UP *
(Revisnclul R orm of Notice
MONROE COUNTY, FLORIDA
CUDJOE REGIONAL
WASTEWATER ASSESSMENT SUPPLEMENTAL PROGRAM
FOR VENTURE OUT PARCELS
INITIAL ASSESSMENT RESOLUTION
(INCLUDING VENTURE OUT RESORT VACANT PARCELS THAT OPTED TO
PAY FISCAL YEAR 2012 - 2013 ANNUAL WASTEWATER ASSESSEMENT
AND UNPAID FISCAL YEAR 2012 - 2013 ANNUAL WASTEWATER
ASSESSMENTS FOR VENTURE OUT RESORT VACANT PARCELS)
MAY 15, 2013
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....................................................... 7
REALLOCATION UPON FUTURE SUBDIVISION ....................... 7
ARTICLE III
NOTICE AND PUBLIC HEARING
SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL .................................. 7
SECTION 3.02. PUBLIC HEARING........................................................................... 7
SECTION 3.03. NOTICE BY PUBLICATION............................................................ 7
SECTION 3.04. NOTICE BY MAILING..................................................................... 7
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. METHOD OF COLLECTION........................................................... 8
SECTION 4.02. SEVERABILITY................................................................................ 8
SECTION 4.03. EFFECTIVE DATE............................................................................ 8
i
TABLE OF APPENDICES
APPENDIX A DESCRIPTION OF THE VENTURE OUT RESORT PARCELS CODED
AS VACANT AND PAID FISCAL YEAR 2012 - 2013 ANNUAL
WASTEWATER ASSESSMENT
APPENDIx B DESCRIPTION OF THE UNPAID FISCAL YEAR 2012 - 2013
ANNUAL WASTEWATER ASSESSMENTS FOR VENTURE OUT
RESORT PARCELS CODED AS VACANT
APPENDIX C FORM OF PUBLIC HEARING NOTICE TO BE PUBLISHED
APPENDIX D FORM OF MAILED NOTICE - VENTURE OUT RESORTS PARCELS
PAID
APPENDIX E FORM OF MAILED NOTICE - VENTURE OUT RESORTS
PARCELS UNPAID
Remainder of page left blank
ii
RESOLUTION NO. - 2013
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RELATING TO THE PROVISION OF WASTEWATER SERVICE
TO PROPERTIES; DESCRIBING THE SYSTEM
DEVELOPMENT FEE, COLLECTION COSTS AND THE
OTHER TERMS AND CONDITIONS OF THE NON -AD
VALOREM ANNUAL WASTEWATER ASSESSMENTS;
ESTABLISHING THE AMOUNT AND TERM OF THE
ANNUAL WASTEWATER ASSESSMENT FOR EACH PARCEL
OF PROPERTY TO BE ASSESSED; DIRECTING
PREPARATION OF AN INITIAL SUPPLEMENTAL NON -AD
VALOREM ASSESSMENT ROLL FOR VENTURE OUT
PARCELS FOR WHICH ASSESSMENT NOTICES WERE
MAILED IN 2012 AND FOR WHICH CLARIFICATON IS
NEEDED TO ADDRESS NON-PAYMENT OF ASSESSMENT;
ESTABLISHING A PUBLIC HEARING TO CONSIDER
IMPOSITION OF THE PROPOSED WASTEWATER
ASSESSMENTS AND THE METHOD OF THEIR
COLLECTION; DIRECTING THE PROVISION OF NOTICE IN
CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
ARTICLE I
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms
shall have the following meanings, unless the context hereof otherwise requires.
"Adjusted Prepayment Amount" means the remaining Prepayment Amount for each
Tax Parcel computed by deducting (1) the portion of the system development fee paid by the
property owner as Annual Wastewater Assessments from (2) the Prepayment Amount utilized to
compute the Annual Wastewater Assessment included on the Non -Ad Valorem Assessment Roll
for such Tax Parcel.
"Annual Wastewater Assessment" means the sum of the sum of (1) the Annual System
Development Fee Payment, and (2) the Collection Cost for each Tax Parcel.
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.
"Final Assessment Resolution" means the resolution described in Section 2.06 of the
Ordinance, which shall confirm, modify or repeal this Resolution.
"Fiscal Year" means the period commencing on October 1 of each year and continuing
through the next succeeding September 30, or such other period as may be prescribed by law as
the fiscal year for the County, which shall be the final proceeding for the initial imposition of the
annual wastewater assessment.
"Initial Assessment Resolution" means the resolution described in Section 2.02 of the
ordinance, which shall be the initial proceeding for identification of Collection Costs and for
imposition of an Annual Wastewater Assessment.
"Initial Prepayment" means payment of the system development fee without interest or
other Connection Costs.
"Improved Tax Parcel" means those privately owned properties in the Cudjoe Regional
Service Area (1) described in Appendix A which generate wastewater OR could generate
wastewater, were coded as vacant at the time of adopting Resolution 197-2012 AND opted to
pay Fiscal Year 2012 — 2013 when noticed separately by letter dated November 1, 2012 OR (2)
described in Appendix B which generates wastewater OR could generate wastewater, were
coded as vacant at the time of adopting Resolution 197-2012 AND opted not to pay annual
wastewater when noticed separately by letter dated November 1, 2012. F.S. 718.120(l) states
that each condominium parcel should be separately assessed as a single parcel. Therefore,
parcels listed in Appendix A and Appendix B will be required to connect to the Cudjoe Regional
Wastewater Treatment System.
"Non -Ad Valorem Assessment Roll" means a non -ad valorem assessment roll, as
defined in Section 197.3632(1)(e), Florida Statutes, approved by a Final Assessment Resolution
pursuant to Section 2.06 of the ordinance or an annual rate resolution pursuant to Section 2.08 of
the ordinance.
"Ordinance" means Ordinance No. 027-2003.
"Prepayment Amount" means the amount required to prepay remaining balance of
Wastewater Assessment for each Tax Parcel following certification of the Non -Ad Valorem
Assessment Roll for the ad valorem tax bill to be mailed in November of each year.
"Property Appraiser" means the Monroe County Property Appraiser.
4
"Supplemental Program" means a program specially designed to address the non-
payment of Fiscal Year 2012-2013 assessments by a number of Venture Out property owners.
"System Development Fee" means that portion of the capital cost of the wastewater
system being assessed to each owner of a Tax Parcel, up to a maximum of $4,500 per EDU.
"Tax Collector" means the Monroe County Tax Collector.
"Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a
distinct ad valorem property tax identification number.
"Tax Roll" means the real property ad valorem tax assessment roll described in Section
193.114(2), Florida Statutes.
"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida
Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on
the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder.
"Utility" means Florida Keys Aqueduct Authority.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number, and vice versa; the terms
"hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution;
and the term "hereafter" means after, and the term "heretofore" means before, the effective date
of this Resolution. Words of any gender include the correlative words of the other gender, unless
the sense indicates otherwise.
SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and
declared that:
(A) Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and
125.66, Florida Statutes, grant to a board of county commissioners all powers of local self-
government to perform county functions and to render services for county purposes in a manner
not inconsistent with general law, or with special law approved by vote of the electors, and such
power may be exercised by the enactment of county ordinances.
(B) The Board has enacted the Ordinance to authorize the imposition of wastewater
assessments to allow payment of the cost to provide wastewater service to be paid over a period
of years using the Uniform Assessment Collection Act.
(C) The availability of payment options that allow a property owner either to pay an
Initial Prepayment of the System Development Fee or to pay the System Development Fee over
a period of years as Annual Wastewater Assessments provides a special benefit to property and
encourages the property owner to pay the assessable amounts on a timely basis.
(D) Since the System Development Fee and related costs are directly related to each
specific parcel of property to be assessed, the wastewater assessment program provides an
equitable method of funding the System Development Fee and related costs.
5
ARTICLE II
WASTEWATER ASSESSMENTS
SECTION 2.01. DESCRIPTION OF PROPERTY TO BE ASSESSED.
Wastewater Assessments shall be imposed on Venture Out Resort parcels that were listed as
vacant at the time of adoption of Resolution 197-2012 (Appendix A and Appendix B list)
SECTION 2.02. IMPOSITION OF ASSESSMENTS. Wastewater Assessments
shall be imposed for a period of 20 years. The parcels described in Appendix A opted to pay the
First Annual Wastewater Assessment for Fiscal Year 2012 — 2013, according to separate bill
dated November 1, 2012, these parcels will be included on the ad valorem tax bill to be mailed in
November 2013 for their second Annual Wastewater Assessment. Future Annual Assessments
will be included in certified tax rolls for Cudjoe Regional Inner Islands Annual Wastewater
Assessments. The parcels described in Appendix B opted to NOT pay the first Annual
Wastewater Assessment for Fiscal Year 2012 — 2013, as provided in the separate billing dated
November 1, 2012. These parcels will have the first Annual Wastewater Assessment for Fiscal
Year 2012 -2013 AND the second Annual Wastewater Assessment for Fiscal Year 2013 — 2014
included on the ad valorem tax bill to be mailed in November 2013. Future Annual Assessments
will be included in the certified tax rolls for the Cudjoe Regional Inner Islands Annual
Wastewater Assessments. When imposed, the wastewater assessment for each Fiscal Year shall
constitute a lien upon such Tan 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.
0
SECTION 2.06. MANDATORY PREPAYMENT.
The owner of a Tax Parcel subject to the Wastewater Assessment shall immediately
prepay all future unpaid Annual Wastewater Assessments for such Tax Parcel if (1) the Tax
Parcel is acquired by a public entity through condemnation or otherwise, or (2) a tax certificate
has been issued and remains outstanding in respect of the Tax Parcel and the County, at its sole
option, elects to accelerate the Wastewater Assessment. Failure by the property owner to comply
with this Section 2.06, will result in the remaining Prepayment Amount (plus interest computed
at the rate utilized to compute the Annual System Development Fee Payment) being placed on
the Tax Parcel's ad valorem tax bill for the next Fiscal Year, in addition to its share of the
Collection Cost and Statutory Discount.
SECTION 2.07. REALLOCATION UPON FUTURE SUBDIVISION.
Upon subdivision of any Tax Parcel subject to the Wastewater Assessment, and
compliance with the conditions set forth below, the Prepayment Amount for such Tax Parcel
shall be reallocated among the subdivided parcels as described in the Final Assessment
Resolution.
ARTICLE III
NOTICE AND PUBLIC HEARING
SECTION 3.01. NON -AD VALOREM ASSESSMENT ROLL. The County
Administrator is hereby directed to prepare the preliminary Non -Ad Valorem Assessment Roll in
the manner provided in the Ordinance. The preliminary Non -Ad Valorem Assessment Roll shall
be maintained by the County Administrator and open to public inspection beginning May 16,
2013. The foregoing shall not be construed to require that the Non -Ad Valorem Assessment Roll
be in printed form if the amount of the Wastewater Assessment for each Tax Parcel can be
determined by use of a computer terminal available to the public.
SECTION 3.02. PUBLIC HEARING. A public hearing will be conducted by the
Board at 3:00 p.m., or as soon thereafter as the matter can be heard, 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.
7
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 15t' 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
Mayor/Chairperson
r- •
APPENDIX A
DESCRIPTION OF THE VENTURE OUT RESORT VACANT PROPERTIES WHICH HAVE
PAID THE FIRST YEAR ANNUAL WASTEWATER ASSESSMENT FOR FISCAL YEAR
2012 -2013 TO BE INCLUDED IN FUTURE CERTIFIED TAX ROLLS FOR CUDJOE
REGIONAL INNER ISLAND ANNUAL WASTEWATER ASSESSMENTS:
Venture Out Vacant Parcels — Paid First Year Assessment Roll
ALT
I Name, last
INarne, first
I ALT
I Name, last
I Name, first
1240737
Woodworth
Ann
1244040
Perry
Cynthia & Richard
1240893
Petrozelli
Daniel
1244104
Eidemiller
Thomas
1241024
Mazzer
Helen
1244414
Tolksdorf
Frank
1241059
Sporer
Arlene
1244422
Tolksdorf
Frank
1241334
Arentz
Edward And Marie
1244571
Sitron
Bernard And Star
1241342
Sporer
Arlene
1244694
Mullens
L. Col. Fred
1241377
Roeder
Properties
1244805
Fargo
Family Trust
1241628
Fernstrom
Herny
1245283
Kubiak
Gary
1241709
Bratsburg
Jeffrey And Marcia
1245356
Titsworth
Donna
1241903
LittreII
James
1245461
Drenth
Don And Karolyn
1241989
Jensen
Alice
1245623
Ulrich
Rich/Kathy
1242250
Sangster
Ron And Bibian
1245666
Manzo
Family Trust
1242667
Vogan
Shirley
1245801
Cibirka
Sally
1242713
Pravis
1245836
Norcross
Frank
1242772
Mullan
William
1245852
Fisher
Robert
1242896
Foley
John
1246042
Lussier
Joanne
1243264
Snider
Jack And Peggy
1246131
Jolie
Joan And Rob
1243515
Hawxhurst
Dorothy
1246280
Grim
Robert
1243604
Rogers
Dana And Thereasa
1246328
Harss
Robert
1243612
Rogers
Charles
1246450
Catron
Janie
1243728
Kearney
William
1246522
Panzer
Elizabeth
1243817
Keeney
James And Eileen
1246751
Catron
Charles
1243825
Wright
Lisa
1246921
King
Jewel
1243931
Hartung
James
1247006
Fry
APPENDIX B
DESCRIPTION OF THE VENTURE OUT RESORT VACANT PROPERTIES THAT OPTED
TO NOT PRE PAY IN FULL OR PAY FIRST ANNUAL WASTEWATER ASSESSMENT
FOR FISCAL YEAR 2012 - 2013
Venture Out Vacant Parcels - Unpaid
ALT
Name, last
Name, first
ALT
Name, last
Name, first
1240711
Woodrow John/Kathleen
1244007
Merk Joseph/Janet
1240729
Marino John/Beverly
1244171
Credico Teena
1240761
Kahlo Robert/Vera
1244228
Harrell Clifford/McCracken
1240796
Carangi William/ClaudiaV1244392
Kilmoyer Robert/ Letitia
1240826
Park Clyde/Betty
Frederic Myron/Frances
1240958
Janosko Dorothy
Best James/Ann
1240974
Campbell Edward/MaryFerreira
Robert/Mary
1241113
Smith Survivors TR
1244678
Hoffman Larry/Christa
1241156
Lewis Maurice
1244708
Peterson Edgar/Ruth
1241351
Ellis Robert/Carolyn
1244864
Hughes William/Judy
1241423
Rasmussen Eric/Tammy Lynn
1244970
Grace Louisa REV TR DTD
1241610
Berkman Kevin
1245003
Eide Arvid LIV TR
1241644
Whitman Judy
1245062
Buganski FamilyTR
1241741
Barr Douglas
1245160
Momeier Richard/Kathleen LIV TR
1241890
Schwarz Ernest/Kathryn
1245381
Engers Topm/Lynn
1242063
Naset Wallace/Ruth
1245402
Blair Elsie TR DTD
1242080
McMahon Andrew/Cecelia
1245534
Nowaczyk Jim/Kathleen
1242438
Cook John
1245542
Pennock William
1242462
Snyder Thomas/Sharon
1245721
Pensco TR Custodian
1242489
Baranyi Andrew
1245739
Undesser John
1242675
Vereb Paul/Pamela
1245780
Allmond Virgil/Sandra
1242756
Seymour Oliver/Sylvia
1245798
Berggren Jean FamilyTR
1242764
Junkins Donald/Norma
1246174
Baranyi Andrew Tr
1242845
Garchinsky Roger IivTR
1246719
Edwards Juan/Cynthia
1242853
Garchinsky Kathleen Liv.trust
1246743
Catron Frank
1242969
Verb Paul/Pamela
1246760
Groenewep Cornelius
1243043
Schuler Michael/Leigh An
1246832
Clark Alfred / Sandra
1243051
Flowers Andrew/Pamela
1246841
Dwyer Robert/Karen
1243485
Eide Arvid LIV TR
1246859
Filasky Frederick/Georgia
1243507
Kantzler Elizabeth
1246948
Greene Wendell
1243558
Vereb Paul/Pamela
1246964
Hagman Anna
1243574
Read Harlold
1247014
Ackman Richard/Cynthia
1243671
Vereb Paul
1247111
Cleven Jerry/Paricia
1243680
Marino John/Beverly
1247162
Pirner Hans/Melissa
1243698
Kilmartin Beverly
1247189
Kaskawits Marvin/Bernice
1243701
Cummings Jeffrey/Kelly
1247227
Terry William/Virginia
1243779
Tutor Gene/Carlotta
10
APPENDIX C
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 WASTEWATER ASSESSMENT
SUPPLEMENTAL PROGRAM FOR VENTURE OUT PARCELS
FINAL ASSESSMENT RESOLUTION
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, RELATING TO THE
PROVISION OF WASTEWATER CAPACITY; IMPOSING ANNUAL
WASTEWATER ASSESSMENTS FOR VENTURE OUT PARCELS FOR
WHICH ASSESSMENT NOTICES WERE MAILED IN 2012 AND FOR
WHICH CLARIFICATON IS NEEDED TO ADDRESS NON-PAYMENT OF
ASSESSMENT; APPROVING THE SUPPLEMENTAL NON -AD
VALOREM ASSESSMENT ROLL; PROVIDING FOR COLLECTION
OF THE WASTEWATER ASSESSMENTS; AND PROVIDING AN
EFFECTIVE DATE.
The figure below depicts the limits of the Cudjoe Regional Wastewater Treatment System Inner
Islands Service Area with Venture Out Resort outlined and noted. Wastewater Assessments shall
be imposed on improved, privately owned tax parcels in the centralized Cudjoe Regional Service
Area in the Cudjoe Regional Services Area that include the properties coded as vacant in the
Venture Out Resort and were excluded from Resolution 197-2012. F.S. 178-120 state that each
condominium parcel should be separately assessed. The final non -ad valorem supplemental
assessment rolls prepared as directed by the adoption of this resolution will include properties to
receive central wastewater service. The central service boundary is as delineated in the Master Plan
Update approved by the Board of County Commissioners on January 28, 2009 and updated by
resolution on July 18, 2013. 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
with Venture Out Resort outlined and noted.
A more specific description of the Cudjoe Regional Wastewater Assessment Supplemental
Program for Venture Out Parcels is set forth in the proposed Final Assessment Resolution
which can be viewed on the Monroe County website at http://fl-
monroecount..c�plus.com/agendacenter following publication of the June 19, 2013
BOCC agenda. The preliminary Non -Ad Valorem Assessment Roll for the Cudjoe
Regional Wastewater Assessment Supplemental Program for Venture Out Parcels 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.
13
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to
appeal any decision made by the Board with respect to any matter considered at the
hearing, such person will need a record of the proceedings, and that, for such purpose, such
person may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special
accommodations in order to participate in this proceeding, please contact the County
Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. -
5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting, if you are
hearing or voice impaired, call "711':
Dated at Key West, Florida this 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:
KW Citizen (Su)
Keynoter (Wed)
Reporter (Fr)
14
APPENDIX D
NOTICE FORM TO BE MAILED
Venture Out - Paid
REMAINDER OF PAGE LEFT BLANK
15
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
«OwnerName1» AK#:
«OwnerName2» Sequence Number: VO-cSegNum»
«OwnerAdd1» Notice Date: May 29, 2013
«OwnerAdd2»
((City)) «State» ((Zip)) ((COUNTRY))
Re: Notice of Wastewater Non -Ad Valorem Assessments (Excluded Venture Out)
Dear Property Owner:
Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in 2013 as
required by the State Appropriation. Property owners have the option to pay the System Development Fee for these
services as one lump sum (Prepayment) or in installments (Wastewater Assessment) financed over twenty years and
collected on the ad valorem tax bill as a non -ad valorem assessment. You are receiving this Notice because your
property was not identified as requiring wastewater service until after the first class notices for the 2012 tax bill were
mailed. You received a separate bill dated November 1, 2012 that allowed you the option to prepay in full or to pay
the Fiscal Year 2012-13 Annual Wastewater Assessment (first annual installment) of $401.11. Since you have not
prepaid in full, but paid the Fiscal Year 2012-13 assessment amount, this notice is required to inform you that the
County intends to include the remaining annual assessments on your ad valorem tax bill beginning November 2013.
The EDU Allocation for the above parcel is 1 EDU based on the PC Code classification of "00" (vacant
residential), the availability of water service, the terms of FS §718.120(1), and the anticipated need for
wastewater service based on use. The lump sum System Development Fee has been set at $4,500 per EDU.
The lump sum System Development Fee for the above parcel is $4,500. The November 1, 2012 separate bill
provided you notice of the opportunity to prepay in full. You will not receive another notice of your prepayment
amount; however prepayment will be due by August 31, 2013, if you decide to prepay. If you do not wish to prepay
the assessment by August 31, 2013, but decide you want to pay off the assessment in the future, payoffs are
calculated annually by reducing the System Development Fee by the principal portion of the annual assessment.
Please contact us at (305) 292-4525 to obtain a payoff memo. Payoffs are accepted annually through August 31 and
are usually available beginning in October.
Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the
System Development Fee over 20 years on the property tax bill as authorized by section 197.3632, Florida Statutes.
No action is required on your part to elect this option. The assessments will be payable in not to exceed twenty (20)
annual installments amortized at a currently estimated 2.4% interest rate which makes the 2013 annual installment
$310.63. This will be re-evaluated annually when the actual rate is set in September. The first payment shall be
included on the ad valorem tax bill to be mailed in November 2013. The total assessment revenue to be generated
within the entire Cudjoe Region, including the financing costs and the collection costs (if there are no prepayments)
over the entire 20 year period is approximately $89.5 million. Failure to pay your assessments will cause a tax
certificate to be issued against the property which may result in a loss of title.
The estimated maximum Annual Wastewater Assessment for Fiscal Year 2013-14 and future fiscal years for
the above parcel is $310.63.
You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for June 19, 2013 at
3:00 p.m. at the Marathon Government Center 2798 Overseas Highway, 2nd Floor Marathon, FL 33050. The Final
Assessment Resolution will be available in the agenda packet for the hearing, to be published at http:Hfl
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
APPENDIX E
NOTICE FORM TO BE MAILED
Venture Out - Unpaid
REMAINDER OF PAGE LEFT BLANK
17
Monroe County Board of County Commissioners
Engineering Division — Gato Office Mayor George Neugent, Dist. 2
1100 Simonton Street, Suite 2-216 Mayor Pro Tern Heather Carruthers, Dist. 3
Key West, FL 33040 Danny L. Kolhage, Dist. 1
(305) 292-4525 David Rice, Dist. 4
Sylvia J. Murphy, Dist. 5
«OwnerName1»
«OwnerName2» AK#:
«OwnerAdd1» Sequence Number: VO-cSegNum»
«OwnerAdd2» Notice Date: May 29, 2013
«City» «State» «Zip» «COUNTRY»
Re: Notice of Wastewater Non -Ad Valorem Assessments (Excluded -Unpaid Venture Out)
Dear Property Owner:
Construction of the Cudjoe Regional Centralized Wastewater Treatment facility is scheduled to commence in 2013 as
required by the State Appropriation. Property owners have the option to pay the System Development Fee for these
services as one lump sum (Prepayment) or in installments (Wastewater Assessment) financed over twenty years and
collected on the ad valorem tax bill as a non -ad valorem assessment. You are receiving this Notice because your property
was not identified as requiring wastewater service until after the first class notices for the 2012 tax bill were mailed. You
received a separate bill dated November 1, 2012 that allowed you the option to prepay in full or to pay the Fiscal Year 2012-
13 Annual Wastewater Assessment (first annual installment) of $401.11. Since you have not prepaid in full or paid your
Fiscal Year 2012-13 Annual Wastewater Assessment, this notice is required to inform you that the County intends to include
the unpaid Fiscal Year 2012-13 Annual Assessment and the remaining annual assessments on your ad valorem tax bill
beginning November 2013.
The EDU Allocation for the above parcel is 1 EDU based on the PC Code classification of "00" (vacant residential),
the availability of water service, the terms of FS §718.120(1), and the anticipated need for wastewater service based
on use. The lump sum System Development Fee has been set at $4,500 per EDU. The lump sum System
Development Fee for the above parcel is $4,500. The November 1, 2012 separate bill provided you notice of the
opportunity to prepay in full. You will not receive another notice of your prepayment amount; however prepayment will be
due by August 31, 2013, if you decide to prepay. If you do not wish to prepay the assessment by August 31, 2013, but
decide you want to pay off the assessment in the future, payoffs are calculated annually by reducing the System
Development Fee by the principal portion of the annual assessment. Please contact us at (305) 292-4525 to obtain a payoff
memo. Payoffs are accepted annually through August 31 and are usually available beginning in October.
Alternatively, a Wastewater Assessment program has been set up to provide property owners the option to pay the System
Development Fee over 20 years on the property tax bill as authorized by section 197.3632, Florida Statutes. No action is
required on your part to elect this option. The assessments will be payable in not to exceed twenty (20) annual installments
amortized at a currently estimated 2.4% interest rate which makes the 2013 annual installment $310.63. The actual rate will
be set in June 2013 but will be re-evaluated annually in September each year. The first payment shall be included on the ad
valorem tax bill to be mailed in November 2013. The total assessment revenue to be generated within the entire Cudjoe
Region, including the financing costs and the collection costs (if there are no prepayments) over the entire 20 year period is
approximately $89.5 million. Failure to pay your assessments will cause a tax certificate to be issued against the property
which may result in a loss of title.
The estimated maximum Annual Wastewater Assessment for Fiscal Year 2013-14 and future fiscal years for the
above parcel is $310.63.
The unpaid Annual Wastewater Assessment for Fiscal Year 2012-13 for the above parcel is $401.11.
The total Annual Wastewater Assessment for Fiscal Year 2013-14 -for the above parcel is $711.74.
You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for June 19, 2013 at 3:00
p.m. at the Marathon Government Center 2798 Overseas Highway, 2nd Floor Marathon, FL 33050. The Final Assessment
Resolution will be available in the agenda packet for the hearing, to be published at 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******
18
ADDITIONAL BACK-UP:
Resolution No. 197-2012
DccN 1898719 09/12/2012
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
l� RESOLUTION NO. 197 2012
A RESOLUTION OF THE BOARD OF COUNTY CohMSSIONERS OF MONROE
COUNTY, FLORIDA, RELATING TO IMPROVISION 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 Count
y 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 heroof 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 properly 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 23BB 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 terns in this Resolution shall have the
meanings defined in the Ordinance and the Initial Assessment Resolution.
SECTION 3. MODIFICATION AND CONFIRMATION OF llirrM L
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
`J 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 in
the Non -Ad Valorem Assessment Roll are hereby found to be specially benefited by the
provision of wastewater capacity in the amount of the annual Wastewater Assessment set
forth in the Non -Ad Valorem Assessment Roll. The methodology for computing annual
Wastewater Assessments described in the Initial Assessment Resolution represents a fair
and reasonable apportionment of cost among the Tax Parcels receiving the special benefit
and is hereby approved Annual Wastewater Assessments computed in the manner
described in the Initial Assessment Resolution are hereby levied and imposed on all Tax
Parcels described in the Non -Ad Valorem Assessment Roll at the rate and for the term
designated for each Tax Parcel in the Non -Ad Valorem Assessment Roll attached hereto as
Appendix C. The initial Annual Wastewater Assessment will be included on the ad
valorem tax bill to be mailed in November 2012.
Doca 1898719
Bkp 2588 P9N 740
(B) - Pursuant to the Uniform Assessment Collection Act and the Ordinance, the
Wastewater Assessments shall constitute a lien against assessed property equal in -rank and
dignity with the liens of all state, county, district or municipal taxes and other non -ad
valorem assessments. Except as otherwise provided by law, such lien shall be superior in
dignity to all other prior liens, titles and claims, until paid. The lien shall be deemed
perfected upon adoption by the Board of this Final Assessment Resolution or an Annual
Assessment Resolution and shall attach to the property included on the Non -Ad Valorem
Assessment Roll as of the prior January 1, the lien date for ad valorem taxes.
(C) As to any Real Estate Parcel that is acquired by a public entity through
condemnation, negotiated sale or otherwise prior to adoption of the next Annual
Assessment Resolution, the Adjusted Prepayment Amount shall constitute a lien against
assessed property equal in rank and dignity with the liens of all state, county, district or
municipal taxes and other non -ad valorem assessments. Except as otherwise provided by
law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The
lien shall be deemed perfected upon adoption by the BOCC of the Annual Assessment
Resolution and shall attach to the property included on the Assessment Roll upon adoption
of the Annual Assessment Resolution.
SECTION 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 s am
initiated in a court of competent jurisdiction to secure relief within20 days from the �date of
Board action on this Final Assessment Resolution.
SECTION S. 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.
r:J
3 DocM 1898719
BkN 2588 Pgp 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 Tern Kim Wigington
Commissioner George Neugent
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
^' N 258887P9p 742
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:- MayoHChairpersQn
4 ~--
Doea 1898719
Bkq 2588 Pgp 743
Appendix A
Proof of Publication
(to be inserted upon receipt from the newspapers)
A-1
0
"D
0
KEY
.o.ko.rrsrr.o.n.aswmu
Cooke CoMmunications, LLC
Florida Keys
PO Box 1800
Key West FI 33041
Office.....305 292-777T
Extension ........ x219
Fax.......305-295-8025
legaisAkevsnews.com
INTEANET PUBLISHING
keywastcom
keysnews.com
tiorldakeys.com
key-west.com
Web Design Services
NEWSPAPERS
The Citizen
Soulhemmost Flyer
Solares Hill
Big Pine Free Press
Marathon Free. Press
Islamorada Free Prass
Key Largo Free Press
MARKETING SERVICES
Commercial Printing
Citizen Locals Card
Direct Mail
FLORIDA KEYS OFFICES
Printing 1 Main Facility
3420 Northside Drive
Key West, Fl-
•33040-1800
Tel 305-292-7777
Fax 3Q5-294-0768
citizen ilkevwesteom
Internet Division
33040-3328
Tel 305-292-1880
Fax 305--294-169.9
sales@keyweet.com
Upper Keys Office
91731 Overseas Hwy
Tavernier, FL 33076
Tel 305-853-7277
Fax 305-853-0658
fmapress®eoddakeys.com
STATE OF FLORIDA
COUNT' 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
—vgdi
1' I.Ai.A) As.<carna:�I d1ci�t.uu1 ..J�NiyP-fi SI�RNO
was published in said newspaper in the issue(s) of
-274Su) u q, 2u7-?--
Affiant further says that the Key West Citizen is a newspaper published in
Key West; .in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second-class mail matter at the post office in Key
West; in said Monroe County, Florida, for it period of 1 year next preceding
the fast publication of the attached copy of advertisement;. and affiant Rather
says that he has neither paid nor promised any person; firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. _ ,,
Signature of Affiant
Sworn and subscribed before me this, day of �7UI , 2012
Notary Public:
Dawn Kawzinsky
Expires: 114116
DAWN KAWZINSKY
NOTARY PUBLIC
1 ESTATE OF FLORIDA
Comm# EE157233
9 Expires 1/412016
Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
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Appendix B.
Affidavit of Mailing
WE
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 I, Elizabeth A. Wood, Senior Administrator, Sewer Projects for the Monroe
County, Florida, ("County"), pursuant to the authority and direction received from the County
Commission, timely directed the preparation of the Assessment Roll and the preparation,
mailing and publication of notices in accordance with Ordinance No. 027-2003 (the
"Ordinance"), and in conformance with the Initial Assessment Resolution adopted by the County
Commission on June 20, 2012, (the "Initial Assessment Resolution").
2 Sandi Melgarejo, Project Coordinator for GSG. GSG has caused the
notices required by the Ordinance to be prepared in conformance with the Initial Assessment
Resolution. An exemplary form of such notice is attached hereto. GSG has caused such
individual notices for each affected property owner to be prepared and. each notice included the
following information: the purpose of the assessment; the total amount proposed to be levied
against each parcel; the unit of measurement to be applied against each parcel to determine the
assessment; the number of such units contained within each parcel; the total revenue the
County expects to collect by the assessment; a statement that failure to pay the assessment
will cause a tax. certificate to be Issued against the property which may result in a loss of title; a
statement that all affected property owners have a right to appear at -the hearing and to file
written objections with the local goveming board within 20 days of the notice; and the date, time
and place of the hearing.
3 On or before June 27, 2012, GSG delivered and directed the mailing of
the above referenced notices by 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
14 U�°�— Is . r r AC11 J0 .
above, ModemU Maii , mailed or caused to be mailed on or�Modem Mailers: As directed
June 27, 2012, the above
4
referenced notices delivered to Modern Mailers by GSG.
FURTHER AFFIANTS SAYETH NAUGHT.
Eliza et A. Wood
Afflant
Sandl Melgarejo
Afflant
- C-1nram.. VYn ea N-'L.__
Lt��iz�'� V►n.cx�re.
Aff iant
STATE OF FLORIDA
COUNTY OF MO.NROE
The foregoing Affidavit of Mailing was swom to and subscribed before me this 3rkday of
July 2012 by Elizabeth A. W od, Senior Administrator; Sewer Projects for Monroe County,
Florida. She is ersonaDy known to m. • :or who has produced as identification and did
take an oath.
rr:naara■a•anranaanaaa.aar.r.nunrau■
DONNA J. HANSON
Comm# DD0891641
' Expires 8125I2013 s'
x►bncr �%LaryAmm , I= _
1rrr7a1.a4rn.rw..• r...I ......f.a.."06;
i3-3
Sa•� i r
Notary Public, State of Florida
At Large
My Commission Expires
Commission No.: _p D b F9 11-1141/
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before: me this day of
July 201Vbb elgarejo, Project Coordinator, Government Services Group,.Inc.She is
pp palown to me r who has produced as identification and did take an oath.
�► `�TPJQY PETERS
Commission# QQ 92134¢
r,
BOUA gW31, 2013
M, es+emn..r,�vA�►rn,,,.Aq{.�tsiDlo
STATE OF FLORIDA
COUNTY OF LEON
Printed Name: a PJe�sitsA
Notary Public, State of Florida
At Large
My Commission Expires
Commission No.:_
The foregoingAffidavitof Mailing was sworMo and su scribed before me this Cq, day of
July 12 by 1 00 n 012VAOr for Modern Mailers.
He/ e s pets kno to me�r who has produced as identification and did take
an oath.
TAMMYPEi1;RS Printed Name, CL/mI ' -�- Ks
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6x*ft august 31, 2013
B'tleOTM"r'4'�^6""0saou Notary Public, State of Florida
At Large
My Commission Expires
Commission No.:Vo
T
B-4
Monroe County
Wastewater Dept. ,f •„ Board of County Commissioners
102050 Overseas Hlgh�vay Mayor David Rice, Dist: 4
Suite 2-223 � Mayor Pro Tom Kim Wigington, Dist. 61 IV
Key Largo, FL 33037 '�►George Neugent, Dist 2
',;:r Heather Carruthers, Dist. 3
'� Syivia Murphy, Dist. 5
(D
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. Property owners have the option to pay the System Development Fee for these
services as one lump sum (Prepayment) or in installments (Wastewater Assessment) financed over twenty years and collected
on the ad valorem tax bill as a non -ad valorem, assessment.
Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential
properties Is based on. water consumption for the three year period of 2009, 2010 and 2011. The EDU Allocation for non-
residential property Is calculated by using the .highest three month average water consumption and dividing It by the average
monthly water consumption for a residential unit. If you feel there Is a mistake on this notice, you need to request an EDU
Allocation review. For this review, please submit a Wastewater EDU Appeals Form fot EDU Allocations > 1 A to the address
printed at the top of thisnotice with a postmark of July 18, 201.2. Contact Customer Service at 866-347-1897 to obtain a
Wastewater Appeal form, or download it from httoJ/www.monroecounly-fl.gm /forms asox
The EDU Allocation for the above parcel. is: 1..0
0lump sum System Development Fee is proposed .at $5,700 per EDU; however, this amount may be reduced at the
uly 18, 2012 public hearing. The lump sum System Development Fee for the above parcel is $6,700,00. It Is anticipated
that the Prepayment will be due by August 31.2012, Ifyou 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 y_ears on the property. tax bill_ No action is required on..y_our_part to elect this.. option. The. total
assessment revenue 'to be generated within the entire Cudjge 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 $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 July 18. 2012 at 5:01 p.m. at
the Harvey Govemment 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 MtpJ/fi-monroecouMy cMcelus comlaaendacenter 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 whb 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 responsibiilties°Inctuding 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.
-end 4:00 p.m.
13-5
Monroe County
Wastewater Dept.,.,,
102050 Overseas Highway
Suite 2-223
Key. Largo, FL 33037;
SUGARLOAF SHRS FL 33042-3711
Board of County Commissioners
Mayor David Rice, Dist. 4
Mayor Pro Tam Kim Wigington, Dist. 1
George Neugent, Dist. 2
Heather Carruthers, Dist. 3
Sylvia Murphy. Dist 5
Sequence Number: MW-02-1500
Notice Date: June 27. 2012
Re: Notice of Wastewater Non Ad Valorem Assessments (Outer Area)
Dear Property Owner.
Construction of the Cudjoe Regional Centralized Wastewater Treatment facility Is scheduled to commence in the beginning of
2013 as required by the State Appropriation. Property owners have the option to pay the System Development Fee for these
services as one lump sum (Prepayment) or In installments (Wastewater Assessment) financed over twenty years and collected
on the ad valorem tax bill as a non -ad valorem assessment.
Each single family parcel has been assigned one equivalent dwelling unit (EDU). The EDU Allocation for non-residential
properties is based on water consumption for the three year period of 2009. 2010 and 2011 The EDU Allocation for non-
resldentlal 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 feet there is a mistake on this notice. you need to request an EDU
Allocation review. For this review, please submit a Wastewater EQU Appeals Form for EDU Allocations > 1.1 to the address
printed at the by of this notice with a postmark of July 18. 2012. Contact Customer Service at 8W.347-1897 to obtain a
Wastewater Appeal form, or download It from _httpt//www.monroecounty--fl cov/formyes x
The EDU Allocation for the above parcel is: 1.0
he lump sum System Development Fee Is proposed at $6, 00 per EDU; however, this amount may be reduced at the
my 18, 2012 public heating. 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 2013. Failure to pay.your assessments will cause a tax certificate
to be issued against the property which may result in a loss oftide.
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 Inviled.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 httpJ/fl-monroecountv.CMi:bius.com/aaendocenter on July 8. 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 slate of the hearing.
Once construction is complete and wastewater service becomes available, owners of properties with water service will be
required to connect to the regional wastewater treatment system within 30 days of receipt of a mandatory connection notice.
This notice satisfies the statutory requirement for notice of the requirement to connect to the regional wastewater treatment
system once service becomes available. Property owner responsibilities Including construction of -on -site pipes, abandonment of
on -site systems, permitting, and related tasks to complete the connection will be detailed in the connection notice. The on -site
costs described above are in addition to the System Development Fee.
�If you have any questions about this notice you can contact Customer Service at 8864411-1897 between the hours of 9:00 a.m.
nd 4:00 p.m.
Et-6