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Item M08 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 18 June 2003 Division: Growth Management Bulk Item: Yes -X- No Department: Marine Resources AGENDA ITEM WORDING: Approval to advertise an Ordinance and Amending Chapter 15.5, Monroe County Code to provide for a system and procedure for Wastewater Assessment. ITEM BACKGROUND: At various meetings of the Commission, including the latest in January, the Board has sought an ordinance that would allow property owners to finance their wastewater connection fees. The attached ordinance, which will amend Chapter 15.5, has been provided by Neighbors, Giblin, and Nickerson, P.A. with the intent of giving the County the means to establish an assessment which would be attached to a property owners tax bill if they chose to finance their wastewater utility connection fees. The purpose of this ordinance is to supplement such mechanisms as the Florida Keys Aqueduct Authority (FKAA) has in place for other utilities that the County may work with now or in the future (notably, Key West Resort Utility). An assessment on a property owners tax bill for connection fees would occur ONLY at the request of the property owner. The term of the assessment would be determined by Resolution of the Board. Staff has been discussing financing for a term of 20 years to be consistent with financing available through the FKAA. PREVIOUS RELEVANT BOCC ACI'ION: January 2003 - action deferred, pending the development of this Ordinance CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS; Approval TOTAL COST: NA COST TO COUNTY: NA BUDGETED: Yes SOURCE OF FUNDS: No REVENUE PRODUCING: Yes Risk Management NA. No -X- r Month Year APPROVED BY: County Atty -X- DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included ~ To Follow Not Required DISPOSITION: AGENDA ITEM NO.: /7$ BC030640 06/02/03 4:33 PM NABORS, GIBLIN & NICKERSON, P.A. ATTORNEYS AT LAW SUITE: 200 1500 MAHAN DRIVE: TALLAHASSEE. FLORIDA 32308 THE POINTE. SUITE 1060 2502 ROCKY POINT DRIVE TAMPA. F'LORIDA 33607 TELEPHONE (850) 224-4070 TELECOPY (8501224-4073 TELECOPY (813) 281-0129 ~'. '\ 0 ~ CNL CENTER. SUITE 510 SOUTH ORANGE AVENUE G ~RLANDO'F'LORIDA32801 1407) ....26.7595 G TELECOPY '4071 426-8022 18131281-2222 May 27, 2003 Via Overnight Delivery Robert N. Wolfe Chief Assistant County Attorney PO Box 1026 Key West, Florida 33041-1026 RECEIVED MAY 2 8 2003 CIIy Re: Wastewater Assessment Ordinance Draft #2 Dear Mr. Wolfe: Enclosed for your review and comment is the second draft of the County's proposed Wastewater Assessment Ordinance. The attached document is blacklined for ease of reference. In sum, the following changes have been incorporated into the ordinance since the first draft provided to you: 1. The burden has been placed on the Utility Provider to certify the information required for the adoption of the Initial Assessment Resolution and each Annual Rate Resolution. This obligation appears in the definition of "Initial Wastewater Assessment Notice" and "Supplemental Wastewater Assessment Notice" and the changes in Section 2.02 and Section 2.08. 2. The Utility Provider is required to identify in the Supplemental Wastewater Assessment Notice any deletions of assessable parcels included on a prior Assessment Roll as a consequence of prepayment of the unpaid Assessable Costs (if prepayment is allowed in the implementing assessment resolution). See Section 2.08(B)(2) of the Ordinance. 3. The Utility Provider is required to identify in the Supplemental Wastewater Assessment Notice each new connection that elects the privilege of paying the Assessable Costs in installments in the form of an Annual Wastewater Assessment. See the definition of "Supplemental Annual Wastewater Assessment" and the requirement in Section 2.08 that the Supplemental Wastewater Assessment Notice identify each Supplemental Annual Wastewater Assessment and provide the information necessary for Robert N. Wolfe May 27, 2003 Page 2 its inclusion on the next year Assessment Roll. 4. Section 2.03 requires, as a condition of the election of an Owner of the privilege of paying the Assessable Costs in installments, execution by the Owner of a Consent and Acknowledgment Agreement and the payment to the Utility Provider of the Initial Wastewater Assessment Installment. The Utility Provider is required to include acknowledgment of the receipt of the Initial Wastewater Assessment in the Initial Wastewater Assessment Notice required in Section 2.02 and, for each Supplemental Annual Wastewater Assessment, in the Supplemental Wastewater Assessment Notice required in Section 2.08 of the Ordinance. 5. The remainder of the changes indicated were to conform the above substantive changes and to clarify language and terms for consistency. I understand you have discussed these proposed changes with Bob Nabors. Accordingly, if you have any questions regarding the proposed ordinance, please contact either Bob Nabors or myself. Additionally, please provide me with any comments or modifications at your convenience. Very truly yours, cdt~ Heather J. Encinosa HJE: cc: Robert L. Nabors . . . . DRAFT NO.2 MAY 19, 2003 MONROE COUNTY, FLORIDA WASTEWATER ASSESSMENT ORDINANCE ADOPTED , 2003 SECTION 1.01. SECTION 1.02. SECTION 1.03. SECTION 1.04. SECTION 2.01. SECTION 2.02. SECTION 2.03. = DRAFT NO.2 MAY 19, 2003 TABLE OF CONTENTS PAGE ARTICLE I INTRODUCTION I = INTRODUCTION DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 INTERPRETATION .................................. T 8 GENERAL FINDINGS ................................ T 8 LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT.... 9 ARTICLE II ANNUAL II - ANNUAL WASTEWATER ASSESSMENTS GENERAL AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 INITIAL PROCEEDINGS .............................. 10 CONDITIONS ON ELECTION TO PAY THE ASSESSABLE COSTS IN INSTALLMENTS. .. .... ........ 12 SECTION 2.04. INITIAL ASSESSMENT ROLL........................ ++ 12 SECTION 2:e4 2.05. NOTICE BY PUBLICATION .................... 13 ~ = -=== CeCTION 2.05. NOTiCe DY MAIL 12 SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION ..... +4 13 -=== SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION.......... 14 SECTION 2.08. ADOPTION OF ANNUAL RATE RESOLUTION ............ 15 SECTION 2.09. LIEN OF ANNUAL WASTEWATER ASSESSMENTS...... 4918 === SECTION 2.10. REVISIONS TO ANNUAL WASTEWATER ASSESSMENTS. . 19 SECTION 2.11. PROCEDURAL IRREGULARITIES...................... 20 SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS " . . . . . . . . .. 20 ARTICLE III COLLECTION AND USE OF ANNUAL WASTEWATER ASSESSMENTS SECTION 3.01. SECTION 3.02. SECTION 3.03. METHOD OF COLLECTION ......................... %6 22 ALTERNATIVE METHOD OF COLLECTION ............ %6 23 GOVERNMENT PROPERTY. ........................ 29 26 === SECTION 4.01. SECTION 4.02. SECTION 4.03. SECTION 4.04. DRAFT NO.2 MAY 19, 2003 ARTICLE IV GCNCRAl IV -= GENERAL PROVISIONS APPLICABILITY. .................................. az 27 ALTERNATIVE METHOD ........................... az 28 SEVERABILITY ................................... sa 28 EFFECTIVE DATE. ................................ sa 29 = ii ORDINANCE NO. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA; RELATING TO THE PROVISION OF WASTEWATER SERVICES AND FACILITIES IN MONROE COUNTY, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF WASTEWATER ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS INCLUDING A DEFINITION FOR THE TERM "WASTEWATER ASSESSMENT"; ESTABLISHING A PROCEDURE FOR IMPOSING WASTEWATER ASSESSMENTS; PROVIDING THAT WASTEWATER ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A WASTEWATER ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; PROVIDING A PROCEDURE FOR COLLECTION OF WASTEWATER ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 1 DRAFT NO.2 MAY 19, 2003 : DRAFT NO.2 MAY 19, 2003 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: "Annual Rate Resolution" means the resolution described in Section 2.07 hereof 2.08 ofthis Ordinance, establishing the rate at which 8 an Annual Wastewater Assessment for a specific Fiscal Year will be computed. The Final Assessment Resolution shall constitute the Annual Rate Resolution for the initial Fiscal Year in which 8 an Annual Wastewater Assessment is imposed or reimposed. "Annual Wastewater Assessment" means a special assessment lawfully imposed by the Board aoainst Assessed Property to permit payment of the Assessable Costs over a period of years. "Assessable Costs"Assessable Cost" means the amount computed by adding (A) the amount of the Capacity Fee, (B) the amount of the Physical Connection Fee, if any, (C) the amount of the Septic Tank Abandonment Fee, if any, and (D) all costs associated with the structure, implementation, collection, and enforcement of the Annual Wastewater Assessments, including any service charges of the County, Tax Collector, or Property Appraiser and amounts necessary to off-set discounts received for early payment of Annual Wastewater Assessments pursuant to the Uniform Assessment Collection Act of 2 DRAFT NO.2 MAY 19. 2003 for early payments collected pursuant to Gection 3.02 herein an amount for contingencies and attributable to each parcel upon Connection. and any other costs or exoenses related to the collection of the Assessment Costs. "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the "A' astewater wastewater services and facilities identified in the Initial Assessment Resolution or a subsequent Preliminary ~ Annual Rate Resolution. "Assessment Interest Amount" means the annual interest rate charged against the unoaid Assessable 60st Costs by a Utility Provider pursuant to a duly enacted resolution. "Assessment Roll" means the special assessment roll relating to a Annual Wastewater Assessment approved by a Final Assessment Resolution pursuant to Section r:es 2.06 hereof or an Annual Rate Resolution pursuant to Section 2m 2.08 hereof. = = "Board" means the Board of County Commissioners of Monroe County, Florida. "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall include the use of land in which lots or spaces are offered for use, rent or lease for the placement of mobile homes. travel trailers, or the like for residential purposes. "Capacity Fee" means the fee established by a Utility Provider in the Utility Rate Resolution to fund the capital cost of the wastewater capacity attributable to a service connection Connection. 3 DRAFT NO.2 MAY 19, 2003 "Clerk" means the Clerk of the Circuit Court for Monroe County, Florida, as ex-officio Clerk of the Board and such other person as may be duly authorized to act on his or her behalf. "Connection" means the physical interconnection of a Building's sanitary sewer system to a central sewage system provided by a Utility Provider. "Consent and Acknowledgment Agreement" means the agreement, reauired as provided in Section 2.02 herein, betw'een the County and the Ovmer v,'hich shall be of this Ordinance. as a condition precedent to the Owner receiving the privilege of being able to pay oavina the Assessable Cost over time as a Costs in installments as an Annual Wastewater Assessment rather than as a lump sum ttpOn at the time of Connection. The Consent and Acknowledgment Agreement shall provide for the consent of the Owner to the imposition of an annu51 Annual Wastewater Assessment against the Owner's property, acknowledge the total Assessable 60st Costs, acknowledge the amount and use of the Annual Wastewater Assessment, confirm the benefit accruing to the Owner's Property from the Assessable Costs and the imoosition of the Annual Wastewater Assessment, confirm the Assessment Interest Amount, confirm the term of years for collection of the Wastewater Assessment Term for the installment oavment of the Annual Wastewater Assessment, acknowledge the purpose of the 'N astewater Assessment and the tot51 assessment revenue, acknowledge the maximum annu51 maximum Annual Wastewater Assessment and that failure to pay the Annual Wastewater Assessment will c-.ause a tax certificate to be issued against the Owner's property which will result in a loss of title under 4 : DRAFT NO.2 MAY 19,2003 the Uniform Assessment Collection Act. and waive the provision of first class mailed notice provided for under the Uniform Assessment Collection Act. "County" means Monroe County. Florida. "County Administrator" means the chief administrative officer of the County. designated by the Board to be responsible for coordinating the Annual Wastewater Assessments. or such person's designee. "Final Assessment Resolution" means the resolution described in Section z.:es ~ hereof which shall confirm. modify. or repeal the Initial Assessment Resolution and which shall be the final proceeding for the initial imposition of Annual Wastewater Assessments. "Fiscal Year" means that period commencing October 1st of each year and continuing through the next succeeding September 30th. or such other period as may be prescribed by law as the fiscal year for the County. "Government Property" means property owned by the United States of America or any agency thereof. a sovereign state or nation. the State of Florida or any agency thereof. a county. a special district or a municipal corporation. "Initial Assessment Resolution" means the resolution described in Section 2.02 hereof which shall be the initial proceeding for the identification of the Assessable 60st Costs for which an assessment is to be made and for the imposition of 8 an Annual Wastewater Assessment. 5 . . DRAFT NO.2 MAY 19, 2003 "Initial Wastewater Assessment Installment" means the initial installment in the Wastewater Assessment Term required to be paid at the time of the execution of a Consent and AcknowledQment AQreement as a condition for an Owner to exercise the orivileQe to oay the Assessable Costs in installments as orovided in Section 2.03 of this Ordinance. "Initial Wastewater Assessment Notice" means the initial certification orovided by a Utility Provider required under Section 2.02 of this Ordinance for the oreoaration of the Initial Assessment Resolution. "Ordinance" means this Wastewater Assessment Ordinance, as amended from time-to-time. "Owner" means the Person reflected as the owner of Assessed Property on the Tax Roll. "Person" means any individual, partnership, firm, organization, corporation, association, or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. "Physical Connection Fee" means the amount necessary to pay for the pipe, interconnecting facilities and labor necessary to interconnect a Building's sanitary sewer system to a central sewage system provided by a Utility Provider. The Physical Connection Fee shall not include any amounts attributable to the Capacity Fee or the Septic Tank Abandonment Fee. 6 DRAFT NO.2 MAY 19, 2003 "Preliminary Rate Resolution" means the resolution described in Section 2.07 hereof initiating the annual process for updating the Assessment Roll and directing the reimposition of 'Nastewater Assessments pursuant to an Annual Rate Resolution. "Property Appraiser" means the Monroe County Property Appraiser. "Septic Tank Abandonment Fee" means the amount necessary for the disconnecting, crushing, filling and abandonment of a Building's on-site septic tank system upon Connection of that Building to a Utility Provider's central sewage system. "Supplemental Annual Wastewater Assessment" means a new Annual Wastewater Assessment not included or the Initial Assessment Roll certified bv the Utility Provider or in a Supplemental Wastewater Assessment Notice previously certified by the Utility Provider pursuant to Section 2.08 of this Ordinance. "Supplemental Wastewater Assessment Notice" means the certification reauired under Section 2.08 of this Ordinance for the preparation of an Annual Rate Resolution provided by the Utility Provider for Fiscal Years subseauent to the Fiscal Year in which the Initial Assessment Resolution is prepared. "Tax Collector" means the Monroe County Tax Collector. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem 7 DRAFT NO.2 MAY 19, 2003 assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "Utility Rate Resolution" means the schedule of rates, fees, and charges duly approved by the Board or by a Utility Provider. "Utility Provider" means all publicly owned wastewater utilities operating in the unincorporated area of the County and all privately owned wastewater utilities operating within the unincorporated area of the County where the County has purchased utility capacity from that utility, including, but not limited to, the Florida Keys Aqueduct Authority, the Key Largo Wastewater Treatment District and the KW Resort Utility operating within South Stock Island. "Wastewater Assessment " means a special assessment lawfully imposed by the Doard against Assessed Property to permit payment of the Assessable Cost over a period of years. Term" means the number of installments. excludina the Initial Assessment Installment. that an Annual Wastewater Assessment is to be imposed as documented in the Initial Wastewater Assessment Notice or a Supplemental Wastewatel Assessment Notice. 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," "her~under" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective 8 DRAFT NO.2 MAY 19, 2003 date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined, and declared that: (A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125.01 and 125.66, Florida Statutes, the Board has all powers of local self-government to perform county functions and to render county services in a manner not inconsistent with law, and such power may be exercised by the enactment of County ordinances. (B) A reduction in the amount of costs due at the time of Connection from the Owners of properties required to connect to a central sewage system in exchange for a ~ the availabilitv of an Annual Wastewater Assessment option that permits Assessable Costs to be paid over a period of years provides a special benefit to property and encourages properties to connect to a central sewage system on a timely basis. (C) The Annual Wastewater Assessments Assessment authorized by this Ordinance provide provides an equitable method of funding the Assessable Costs. (D) The purpose of this Ordinance is to (1) provide procedures and standards for the imposition of County an Annual Wastewater Assessments Assessment bv the County under the general home rule powers of a county to impose special assessments; (2) identify the Assessable Costs to be collected in installments bv the imposition of the Annual Wastewater Assessments: (3) authorize a procedure forthe funding of'Nastewater wastewater facilities providing special benefits to property within the County; and fflLil 9 DRAFT NO.2 MAY 19, 2003 legislatively determine the special benefit provided to Assessed Property from the provision of wastewater facilities and services. (E) The annual Annual Wastewater Assessments Assessment, to be imposed using the procedures provided in this Ordinance, shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (F) The Annual Wastewater Assessments Assessment to be imposed using the procedures provided in this Ordinance are imposed by the Board, not the Clerk, Property Appraiser or Tax Collector. The duties of the Clerk, Property Appraiser and Tax Collector under the provisions of this Ordinance and the Uniform Assessment Collection Act are ministerial. SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT. It is hereby ascertained and declared that the 'Nastewater wastewater services and facilities comorisinQ the Assessable Costs provide a special benefit to property because V'v' aste't"f8ter wastewater services and facilities possess a logical relationship to the use and enjoyment of improved property by: (1) facilitating the development of property and increasing the use and enjoyment thereof; (2) positively affecting the marketability and market value of the property by the presence of a central sewage treatment service; (3) properly and safely disposing of sewage generated on improved property; and (4) enhancing improved property through the environmentally responsible use and enjoyment of the property,;, 10 DRAFT NO.2 MAY 19, 2003 ARTICLE II ANNUAL WASTEWATER ASSESSMENTS SECTION 2.01. GENERAL AUTHORITY. (A) The Board is hereby authorized to impose an flnnufll Annual Wastewater Assessment to fund all or any portion of the Assessable 60st Costs upon benefitted property at a rate of assessment based on the special benefit accruing to such property from a Utility Provider's provision of 'Nflstewflter wastewater services and facilities. All Annual Wastewater Assessments shall be imposed in conformity with the procedures set forth in this Article II. (B) Annual Wastewater Assessments shall be imposed for a term of years in equal annual amounts sufficient to pay the Assessable 60st Costs and the Assessment Interest Amount. (C) Nothing contained in this Ordinance shall be construed to require the imposition of an Annual Wastewater Assessments Assessment against Government Property. SECTION 2.02. INITIAL PROCEEDINGS. (A) At the time of Connection, fI property Owner shall elect whether an Owner shall pay directly to the Utility Provider the Capacity Fee. the Physical Connection Fee. and the Septic Tank Abandonment Fee reauired by the Utility Provider under its utility service rules and reaulations as a condition of Connection or may elect to pay all Assessable Costs fit Connection or to have all Assessable Costs and an Assessable Interest Amount 11 DRAFT NO.2 MAY 19, 2003 in installments in the form of an Annual Wastewater Assessment assessed against such property as a 'Naste'ii'ater Assessment over a set period of years. In the event a property Owner elects payment as a the privileqe to pay an Annual Wastewater Assessment in installments, such Owner will sign a binding Consent and Acknowledgment Agreement with the County prior to Connection and shall pay the Initial Wastewater Assessment Installment as required in Section 2.03 of this Ordinance. !fU As a condition pursuant to the initial imposition of an Annual Wastewater Assessment. the,:, (O) Annually, by [INCCRT DA TCl, each Utility Provider shall provide a list certify to the County of all properties whose o-wners have elected the. prior to June 1. an Initial Wastewater Assessment option by executing a Consent and AcknowledgmentAgreement, including Notice containinq the following information for preparation of the Assessment ~: . t1iill A list of the Owners who have elected the privileqe of payinq the Annual Wastewater Assessment in installments and a COpy of the Consent and Acknowledqment Aqreement executed by such Owner: ~ Summary description of each parcel of property (conforming to the description contained on the tax roll) Tax Roll) subject to the Annual Wastewater Assessment; ~.@.l The name of the Owner of each parcel as shown on the tax roll; ~ Roll: 12 DRAFT NO.2 MAY 19,2003 fflW The Assessable €ost Costs attributable to each parcel; ili.l The Annual Wastewater Assessment amount: ~ The term of years for collection the installment payment of the Annual Wastewater Assessment; and (5}ill The applicable Assessment Interest Amount: and LID Acknowledament of receipt of the Initial Wastewater Assessment Installment for each parcel of property:: (C) Thereafter, the initial proceeding for the imposition of 8 an Annual Wastewater Assessment shall be the adoption of an Initial Assessment Resolution by the Board, (1) describing the properties electing 8 to pay the Assessable Costs in installments by the imposition of an Annual Wastewater Assessment, (2) determining the Assessable €ost Costs to be assessed against each property, (3) establishing the emount end term of the ennuel Vlesteweter Assessment, (4) esteblishing an estimeted assessment rete for the upcoming fiscal Yeer, Annual Wastewater Assessment amount for the ensuina Fiscal Year. (4) confirmina the Wastewater Assessment Term: and (5) directing the County Administrator to (a) prepare the initial Assessment Roll, as required by Section r:ea ~ hereof, and (b) publish the notice required by Section 2.04 hereof. 2.06 hereof. seCTION 2.03 SECTION 2.03. CONDITIONS ON ELECTION TO PAY THE ASSESSABLE COSTS IN INSTALLMENTS. As a condition pursuant to the Owner 13 DRAFT NO.2 MAY 19, 2003 receivina the Drivileae of Davina the Assessable Costs in installments the County and the Owner shall enter into a Consent and Acknowledament Aareement and the Owner shall Dav to the Utilitv Provider the Initial Wastewater Assessment Installment. SECTION 2.04. INITIAL ASSESSMENT ROLL. (A) The County Administrator shall prepare, or direct the preparation of, the initial Assessment Roll, which shall contain the following: (1) A summary description of all Assessed Property conforming to the description contained on the Tax Roll. (2) The name of the Owner of the Assessed Property. (3) The amount of the Annual Wastewater Assessment to be imposed against each such parcel of Assessed Property. (B) The initial Assessment Roll shall be retained by the County Administrator and shall be open to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Annual Wastewater Assessment for each parcel of property can be determined by use of a computer terminal available to the public. SECTION %-;&4 2.05. NOTICE BY PUBLICATION. Upon completion of the initial Assessment Roll, the County Administrator shall publish, or direct the publication of, once in a newspaper of general circulation within the County a notice stating that at a meeting of the Board on a certain day and hour, not earlier than 20 calendar days from such publication, which meeting shall be a regular, adjourned, or special meeting, the 14 DRAFT NO.2 MAY 19, 2003 Board will hear objections of all interested persons to the Final Assessment Resolution and approve the aforementioned initial Assessment Roll. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. SECTION i-;&5 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the public hearing as noticed pursuant to Sections r:&4- 2.05 hereof, or to which an adjournment or continuance may be taken by the Board, the Board shall receive any oral or written objections of interested persons and may then, or at any subsequent meeting of the Board adopt the Final Assessment Resolution which shall (A) confirm, modify, or repeal the Initial Assessment Resolution with such amendments, if any, as may be deemed appropriate by the Board; (B) impose the Annual Wastewater Assessments Assessment; (C) approve the initial Assessment Roll, with such amendments as it deems just and right; and (0) determine the method of collection. The adoption of the Final Assessment Resolution by the Board shall constitute a legislative determination that all parcels assessed derive a special benefit from the VVaste'v'Y'ater wastewater services and facilities, to be provided or constructed and a legislative determination that the Annual Wastewater Assessments are Assessment is fairly and reasonably apportioned among the properties that receive the special benefit. All written objections to the Final Assessment Resolution shall be filed with the County Administrator at or before the time or adjourned time of such hearing. The Final Assessment Resolution shall constitute the Annual Rate Resolution for the initial Fiscal Year in which an Annual Wastewater Assessments are Assessment is imposed or reimposed hereunder. 15 DRAFT NO.2 MAY 19, 2003 SECTION ~ 2.07. = EFFECT OF FINAL ASSESSMENT RESOLUTION. The Annual Wastewater Assessments Assessment for the initial Fiscal Year shall be established upon adoption of the Final Assessment Resolution. The adoption of the Final Assessment Resolution shall be the final adjudication of the issues presented {including, but not limited to, the reasonableness of the leQislative determination of special benefit and fair apportionment to the Assessed Property; the reasonableness of the method of apportionment and assessment;: the enforceability and accuracy of the calculation of the initial rate of assessment ~ and the preparation of the initial Assessment Roll; and the levy 8nd--validity and enforceability of the lien of the Annual Wastewater Assessments} Assessment), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the Board action on the Final Assessment Resolution. The initial Assessment Roll, as approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, as required by the Uniform Assessment Collection Act, or if the alternative method described in Section 3.02 hereof is used to collect the Annual Wastewater Assessments, such other official as the Board by resolution shall designate. SECTION M1 2.08. ADOPTION OF ANNUAL RATE RESOLUTION. {A} The Board shall adopt an Annual Rate Resolution during its budget adoption process for each Fiscal Year following the initial Fiscal Year for v.hieh a durinQ the Wastewater Assessment is imposed hereunder. Term. 16 DRAFT NO.2 MAY 19, 2003 (O) The,(ID As the initial proceedings for the adoption of an Annual Rate Resolution shall be the adoption of a rreliminary Rate Resolution by the Ooard (1) containing a brief and general description of the Wastewater services, facilities, or programs to be provided; (2) determining the VJastewater Assessable Cost to be assessed for the upcoming riscal Year; (J) establishing the estimated assessment rate for the upcoming riscal Year; (4) authorizing the Utility Provider shall certify prior to June 1 of each Fiscal Year a Supplemental Wastewater Assessment Notice containino the followino information: ill For each Supplemental Annual Wastewater Assessment: (a) summary description of the parcel subiect to the assessment (conformino to the description contained on the Tax Roll): (b) the name of the Owner of the parcel assessed as shown on the Tax Roll: (c) the Assessable Costs. Annual Wastewater Assessment amount. Wastewater Assessment Term and Assessment Interest Amount attributable to the assessed parcel for the Supplemental Annual Wastewater Assessment: and {d} acknowledoment of the receipt of the Initial Wastewater Assessment for the parcel subiect to the Supplemental Annual Wastewater Assessment: ~ Any deletions of an Annual Wastewater Assessment imposed aoainst a parcel of property or a previously adopted Assessment Roll as a conseauence of the prepayment of unpaid Assessable Costs pursuant to any riaht of prepayment provided by resolution. 17 DRAFT NO.2 MAY 19. 2003 LQl Based on the information provided in the Supplemental Wastewater Assessment Notice. the Board shall adopt an Annual Rate Resolution: ill Authorizina the date, time, and place of a public hearing to receive and consider comments from the public and consider the adoption of the Annual Rate Resolution for the upcoming Fiscal Year; and (5) directing~ Directina the County Administrator to (a) update the Assessment Roll, (b) provide notice by publication pursuant to section 2.04 Section 2.05 herein (c) provide notice by first class mail to affected Owners in the event circumstances described in subsection t9}~ of this Section so require, and (d) directing and authorizing any supplemental or additional notice deemed proper, necessary or convenient by the County. ~!ID The Annual Rate Resolution shall (1) establish the rate of assessment Annual Wastewater Assessment to be imposed in the upcoming Fiscal Year and (2) approve the Assessment Roll for the upcoming Fiscal Year with sUGh adjustments as the Board deems just and right. The Assessment Roll shall be prepared in accordance with the method of apportionment set forth in the Initial Assessment Resolution, or any subsequent rreliminar)' l1ate l1esolution, together with modifications, if any, that are provided and confirmed in the Final Assessment Resolution or any subsequent Annual Rate Resolution. t9}~ In the event (1) the proposed Annual Wastewater Assessment for any Fiscal Year exceeds the maximum rate of assessment provided in the Consent and 18 DRAFT NO.2 MAY 19, 2003 Acknowledgment Agreement, (2) the purpose for which the Annual Wastewater Assessment is imposed or the use of the revenue from the Annual Wastewater Assessment is substantially changed from that represented by notice pre\.iously provided to the Owners of Assessed rroperty pursuant to ~ections 2.04 hereof and acknowledoed in the Consent and Acknowledgment Agreement, or (3) Assessed Property is reclassified or the method of apportionment is revised or altered resulting in an increased Annual Wastewater Assessment from that represented by notice previously provided to the Ovmers of Assessed rroperty pursuant to Cections 2.04 hereof find in any oublication orovidedoursuant to Section 2.05 or acknowledoed in the Consent and Acknowledgment Agreement, notice shall be provided first class mail to the Owners of such Assessed Property. Such notice shall substantially conform with the notice requirements set forth in the Uniform Assessment Collection Act and inform the Owner of the date, time, and place for the adoption of the Annual Rate Resolution. The failure of the Owner to receive such notice due to mistake or inadvertence, shall not affect the validity of the Assessment Roll nor release or discharge any obligation for payment of 8 an Annual Wastewater Assessment imposed by the Board pursuant to this Ordinance. ~!El As to any Assessed Property not included on an Assessment Roll approved by the adoption of the Final Assessment Resolution or a prior yefir's year Annual Rate Resolution, the adoption of the succeeding Annual Rate Resolution shall be the final adjudication of the issues presented as to such Assessed Property (including, but not limited to, the reasonableness of the leoislative determination of special benefit and fair 19 0" DRAFT NO.2 MAY 19, 2003 apportionment to the Assessed Property;: the reasonableness of the method of apportionment find flssessment, the: the enforceability and accuracy of the calculation of the initial rate of assessment.,the- and the preparation of the initial Assessment Roll;,! and the levy" find validitv and enforceabilitv of the lien of the Annual Wastewater Assessments) Assessmentl, unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the Board action on the Annual Rate Resolution. Nothing contained herein shall be construed or interpreted to affect the finality of any Annual Wastewater Assessment not challenged within the required 20-day period for those Annual Wastewater Assessments previously imposed against Assessed Property by the inclusion of the Assessed Property on an Assessment Roll approved in the Final Assessment Resolution or any subsequent Annual Rate Resolution. tf7!Ql The Assessment Roll, as approved by the Annual Rate Resolution, shall be delivered to the Tax Collector as required by the Uniform Assessment Collection Act, or if the alternative method described in Section 3.02 hereof is used to collect the Annual Wastewater Assessments Assessment, such other official as the Board by resolution shall designate. If the Annual Wastewater Assessment against any property shall be sustained, reduced, or abated by the court, an adjustment shall be made on the Assessment Roll. SECTION M&; 2.09. LIEN OF ANNUAL WASTEWATER ASSESSMENTS. Upon the adoption of the Assessment Roll, all Annual Wastewater Assessments shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments. Except as otherwise 20 DRAFT NO.2 MAY 19,2003 provided by law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims, until paid. The lien for 8 an Annual Wastewater Assessment shall be deemed perfected upon the Board's adoption of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable. The lien for 8 an Annual Wastewater Assessment collected under the Uniform Assessment Collection Act shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes imposed under the Tax Roll. The lien for 8 an Annual Wastewater Assessment collected under the alternative method of collection provided in Section 3.02 shall be deemed perfected upon the Board's adoption of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable, and shall attach to the property on such date of adoption. SECTION %;99; 2.10. = REVISIONS TO ANNUAL WASTEWATER ASSESSMENTS. If any Annual Wastewater Assessment made under the provisions of this Ordinance is either in whole or in part annulled, vacated, or set aside by the judgment of any court, or if the Board is satisfied that any such Annual Wastewater Assessment is so irregular or defective that the same cannot be enforced or collected, or if the Board has failed to include or omitted any property on the Assessment Roll which property should have been so included, the Board may take all necessary steps to impose a new Annual Wastewater Assessment against any property benefited benefitted by the Wastewater Assessed Costs, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Annual Wastewater Assessment is annulled, vacated, 21 DRAFT NO.2 MAY 19, 2003 or set aside, the Board may obtain and impose other Annual Wastewater Assessments until a valid Annual Wastewater Assessment is imposed. SECTION r:1-92.11. = PROCEDURAL IRREGULARITIES. Any informality or irregularity in the proceedings in connection with the levy of any Annual Wastewater Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Annual Wastewater Assessment as finally approved shall be competent and sufficient evidence that such Annual Wastewater Assessment was duly levied, that the Annual Wastewater Assessment was duly made and adopted, and that all other proceedings adequate to such Annual Wastewater Assessment were duly had, taken, and performed as required by this Ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. SECTION i;+t 2.12. = CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or omission on the part of the Property Appraiser, Tax Collector, County Administrator, Board, or their deputies or employees, shall operate to release or discharge any obligation for payment of 8 an Annual Wastewater Assessment imposed by the Board under the provision of this Ordinance. (B) When it shall appear that any Annual Wastewater Assessment should have been imposed under this Ordinance against a parcel of property specially benefited benefitted by the provision of 'N 8ste'~vater wastewater services, facilities, or programs, but that such property was omitted from the Assessment Roll; or such property was 22 DRAFT NO.2 MAY 19, 2003 erroneously assessed; or was not listed on the Tax Roll as an individual parcel of property as of the effective date of the Assessment Roll approved by the Annual Rate Resolution for any upcoming Fiscal Year, the Board may, upon provision of a notice by mail provided to the Owner of the omitted or erroneously assessed parcel in the manner and form provided in the Uniform Assessment Collection Act, impose the applicable Annual Wastewater Assessment for the Fiscal Year in which such error or omission is discovered, in addition to the applicable Annual Wastewater Assessment due for the prior two Fiscal Years. Such Annual Wastewater Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or against the real property involved, shall be collected as provided in Article 1/1 hereof, and shall be deemed perfected on the date of adoption of the resolution imposing the omitted, delinquent, or corrected assessments. (C) Prior to the delivery of the Assessment Roll to the Tax Collector in accordance with the Uniform Assessment Collection Act, the County Administrator shall have the authority at any time, upon his or her own initiative or in response to a timely filed petition from the Owner of any property subject to 8 an Annual Wastewater Assessment, to reclassify property based upon presentation of competent and substantial evidence, and correct any error in applying the Annual Wastewater Assessment apportionment method to any particular parcel of property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction shall be considered valid 23 DRAFT NO.2 MAY 19, 2003 ab initio and shall in no way affect the enforcement ofthe Annual Wastewater Assessment imposed under the provisions of this Ordinance. All requests from affected property owners for any such changes, modifications or corrections shall be referred to, and processed by, the County Administrator and not the Property Appraiser or Tax Collector. (D) After the Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the Tax Roll upon timely written request and direction of the County Administrator. ARTICLE III COLLECTION AND USE OF ANNUAL WASTEWATER ASSESSMENTS SECTION 3.01. METHOD OF COLLECTION. (A) Unless otherwise directed by the Board, the Annual Wastewater Assessments shall be collected pursuant to the uniform method provided in the Uniform Assessment Collection Act, and the County shall comply with all applicable provisions of the Uniform Assessment Collection Act. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act or other provision of law. (B) The amount of 8 an Annual Wastewater Assessment to be collected using the uniform method pursuant to the Uniform Assessment Collection Act for any specific 24 DRAFT NO.2 MAY 19, 2003 parcel of benefitted property may include an amount equivalent to the payment delinquency, delinquency fees and recording costs for a prior year's assessment for a comparable service, facility, or program provided-;~ (1) the collection method used in connection with the prior year's assessment did not employ the use of the uniform method of collection authorized by the Uniform Assessment Collection Act, (2) notice is provided to the Owner as required under the Uniform Assessment Collection Act, and (3) any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such Annual Wastewater Assessment upon certification of a non-ad valorem roll to the Tax Collector by the County. SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using the Uniform Assessment Collection Act, the Board may elect to collect the Annual Wastewater Assessments by any other method which is authorized by law or under the alternative collection method provided by this Section: (A) The Board shall provide Annual Wastewater Assessment bills by first class mail to the Owner of each affected parcel of property, other than Government Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Annual Wastewater Assessment, (2) a description of the unit of measurement used to determine the amount of the Annual Wastewater Assessment, (3) the number of units contained within the parcel, (4) the total amount of the Annual Wastewater Assessment imposed against the parcel for the appropriate period, (5) the location at which payment will be accepted, (6) the date on which the Annual Wastewater Assessment is due, and (7) 25 DRAFT NO.2 MAY 19, 2003 a statement that the Annual Wastewater Assessment constitutes a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. (B) A general notice of the lien resulting from imposition of the Annual Wastewater Assessments shall be recorded in the Official Records ofthe County. Nothing herein shall be construed to require that individual liens or releases be filed in the Official Records. (C) The Board shall have the right to foreclose and collect all delinquent Annual Wastewater Assessments in the manner provided by law for the foreclosure of mortgages on real property or appoint or retain an agent to institute such foreclosure and collection proceedings. A An Annual Wastewater Assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The Board or its agent shall notify any property owner who is delinquent in payment of his or her Annual Wastewater Assessment within 60 days from the date such assessment was due. Such notice shall state in effect that the Board or its agent will either (1) initiate a foreclosure action or suit in equity and cause the foreclosure of such property subject to a delinquent Annual Wastewater Assessment in a method now or hereafter provided by law for foreclosure of mortgages on real property, or (2) cause an amount equivalent to the delinquent Annual Wastewater Assessment, not previously subject to collection using the uniform method under the Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year. 26 DRAFT NO.2 MAY 19, 2003 (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any foreclosure action as described herein shall be included in any judgment or decree rendered therein. At the sale pursuant to decree in any such action, the County may be the purchaser to the same extent as any Person. The Board or its agent may join in one foreclosure action the collection of Annual Wastewater Assessments against any or all property assessed in accordance with the provisions hereof. All delinquent Owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the Board and its agents, including reasonable attorney fees, in collection of such delinquent Annual Wastewater Assessments and any other costs incurred by the Board as a result of such delinquent Annual Wastewater Assessments and the same shall be collectible as a part of or in addition to, the costs of the action. (E) In lieu of foreclosure, any delinquent Annual Wastewater Assessment and the costs, fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided however, that (1) notice is provided to the Owner in the manner required by the Uniform Assessment Collection Act and this Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent Annual Wastewater Assessment is supplanted by the lien resulting from certification ofthe Assessment Roll, as applicable, to the Tax Collector. 27 DRAFT NO.2 MAY 19, 2003 (F) Notwithstanding the Board's use of an alternative method of collection, the County Administrator shall have the same power and authority to correct errors and omissions as provided to him or other County officials in Section 2:44 ~ hereof. (G) Any Board action required in the collection of Annual Wastewater Assessments may be by resolution. SECTION 3.03. GOVERNMENT PROPERTY. (A) In the event Annual Wastewater Assessments are imposed against Government Property, the Board shall provide Annual Wastewater Assessment bills by first class mail to the Owner of each affected parcel of Government Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Annual Wastewater Assessment, (2) a description of the unit of measurement used to determine the amount of the Annual Wastewater Assessment, (3) the number of units contained within the parcel, (4) the total amount of the parcel's Annual Wastewater Assessment for the appropriate period, (5) the location at which payment will be accepted, and (6) the date on which the Annual Wastewater Assessment is due. (B) Annual Wastewater Assessments imposed against Government Property shall be due on the same date as all other Annual Wastewater Assessments and, if applicable, shall be subject to the same discounts for early payment. (C) A An Annual Wastewater Assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The Board shall notify the Owner of any Government Property that is delinquent in payment of its Annual Wastewater 28 DRAFT NO.2 MAY 19, 2003 Assessment within 60 days from the date such assessment was due. Such notice shall state that the Board will initiate a mandamus or other appropriate judicial action to compel payment. (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent Owners of Government Property against which a mandamus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the County, including reasonable attorney fees, in collection of such delinquent Annual Wastewater Assessments and any other costs incurred by the Board as a result of such delinquent Annual Wastewater Assessments and the same shall be collectible as a part of or in addition to, the costs of the action. (E) As an alternative to the foregoing, 8 an Annual Wastewater Assessment imposed against Government Property may be collected as a surcharge on a utility bill. provided to such Government Property in periodic installments with a remedy of a mandamus action in the event of non-payment. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. APPLICABILITY. This Ordinance and the Board's authority to impose assessments pursuant hereto shall be applicable throughout the unincorporated 29 DRAFT NO.2 MAY 19, 2003 area of the County and throughout the incorporated area of any municipality whose governing body has heretofore or hereafter requested and consented to the provision of the 'A'aste'vvater wastewater services, facilities and programs by the County. SECTION 4.02. ALTERNATIVE METHOD. (A) This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of the County, shall be liberally construed to effect the purposes hereof. (B) Nothing herein shall preclude the Board from directing and authorizing, by resolution, the combination with each other of (1) any supplemental or additional notice deemed proper, necessary, or convenient by the County, (2) any notice required by this Ordinance, or (3) any notice required by law, including the Uniform Assessment Collection Act. SECTION 4.03. SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. 30 DRAFT NO.2 MAY 18, 2003 SECTION 4.04. EFFECTIVE DATE. The Clerk shall file a certified copy of this Ordinance with the Department of State within ten days of its adoption. This Ordinance shall take effect immediately upon its filing with the Department of State. DULY ENACTED this day of June, 2003. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) By: Chair ATTEST: Clerk Approved for Form and Correctness: BY~ County ney F:\WPOAT"'~WONROE 1 /1 3:J'o'd 9tSC~6~S0C'at 3~t~~O ^~~'o' ^~NnO~ 30~NOW'WO~~ 8C'~t C0-~0-Nnr DRAFT NO.2 MAY 19, 2003 --- COMPARISON OF HEADERS -HEADER 1- DRAFT ADril 25 NO.2 MAY 19. 2003