Resolution 404-2021 RESOLUTION NO. 404 -2021
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, TERMINATING THE
COLLECTION OF WASTEWATER SYSTEM DEVELOPMENT FEES
AS PART OF THE BUILDING PERMIT SYSTEM IN FAVOR OF
COLLECTION OF THOSE FEES BY THE FLORIDA KEYS
AQUEDUCT AUTHORITY; SETTING A CUTOFF DATE FOR THE
COLLECTION OF THE SYSTEM DEVELOPMENT FEES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Monroe County (hereinafter "County") has the authority pursuant
to F.S. 125.38, F.S. 125.3401, and its home rule powers, to determine that the sale of
a wastewater utility is in the public interest; and
WHEREAS, the County has determined that it is in the best interests of the County
and the citizens of the County to sell the County-owned centralized wastewater system
within the unincorporated county to Florida Keys Aqueduct Authority ("FKAA"), because
the sale of the assets to FKAA will consolidate the ownership of the assets under the entity
best equipped to own and manage the wastewater utility; and
WHEREAS, on July 15, 2003, with the adoption of Ordinance No. 027-2003, the
Board of County Commissioners ("Board") authorized the imposition of special
assessments to fund a portion of the costs of wastewater treatment capacity; and
WHEREAS, beginning in July 2007 and continuing on a rolling basis through 2015,
the Board adopted numerous assessment resolutions relating to the provision of
wastewater services to properties within unincorporated County, levying assessments for
system development fees in accordance with other terms and conditions of the
assessment program for properties located within these areas; and
WHEREAS, the special assessments have been collected using the uniform
method laid out in F.S. 197.3632, the Florida Uniform Assessment Collection Act, which
provides that if that method is used, then the assessments may either be paid in lump
sum (the "prepayment option"), or, if the owner agrees'to terms and conditions of the
assessment programs, the special assessments may be paid over a term of years by
having the annual amount of the assessment placed on the tax bill and collected in that
manner; and
WHEREAS, the term for the various assessment programs adopted by the Board
for the County-owned system pursuant to F.S. 197.3632 has been for twenty (20) years
from the time the resolutions were adopted; and
WHEREAS, it has been the practice of the Monroe County Building Department
to collect the system development fees as one of the steps prior to issuing the building
permit, either by collecting the Initial Prepayment prior to issuance of the building permit
or by entering into a Consent and Acknowledgement Agreement with the property owner
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to place the property on the assessment roll so that the system development fees can be
paid over the term of the assessment program; and
WHEREAS, with the sale of the wastewater system ("Acquired Assets", as that
term is defined in the Asset Purchase Agreement approved by the Board), it is necessary
to establish a cutoff date, beyond which the County will no longer collect special
assessments from newly developed properties or properties with changes in
development use resulting in an increase in the number of equivalent dwelling units
(EDUs) assigned to the property; and
WHEREAS, Section 3.03 of the Asset Purchase Agreement, if approved by the
Board, provides that on the Closing Date, the County shall deliver a list of properties
already on the County's assessment rolls ("Assessed Properties") to the Purchaser, and
after the Closing Date, FKAA will assess and collect system development fees from that
point forward for any new properties and any Assessed Properties for which system
development fees will be increased as a result of expansion of the use of the property.
These system development fees will provide FKAA with a source of funding for future
capacity needs.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, AS FOLLOWS:
1. The Closing Date for the sale of the wastewater system to FKAA pursuant to the
Asset Purchase Agreement shall be held on or before October 29, 2021.
2. On or before the Closing Date, the Monroe County wastewater program shall
deliver a list of the Assessed Properties to the Monroe County Building
Department, showing a list of properties already on the County's assessment roll.
3. After the Closing Date, Monroe County Building Department will no longer collect
system development fees after the Closing Date for other properties, i.e., (a) any
new properties not yet contained on the County's assessment roll and (b)
properties where additional system development fees will be collected as a result
of expansion of the use of the property that increases the number of EDUs
assigned (collectively, these will be known as "Additional Properties"). This
policy will apply to all properties who have not yet paid the system development
fees as of that date, even if the properties have already applied for building
permits. After the Closing Date, FKAA will be responsible for collection of its own
system development fees from Additional Properties.
4. This resolution is effective upon adoption by the Board of County
Commissioners.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 20th of October, 2021.
Mayor Michelle Coldiron Yes
Mayor Pro Tem David Rice Yes
co =' Commissioner Craig Cates Yes
Commissioner Eddie Martinez Yes
‘': . Commissioner Holly Merrill Raschein Yes
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Yam` `- ��t f ,!* BOARD OF COUNTY COMMISSIONERS
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`4at. ; _ ' 'OK, CLERK OF THE COURT OF MONROE COU► ' ' B
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By: G-?,,I.A.0 By: c).11/4 ke MO FP
As Deputy Clerk Mayor
Approved as to form and legal sufficiency:
Monroe County Attorney's Office :_'>
10-27-2021
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