Resolution 487-2021 RESOLUTION NO. 487 - 2021
A RESOLUTION OF MONROE COUNTY, FLORIDA
ANNOUNCING NOTICE OF INTENT TO USE THE UNIFORM
METHOD OF COLLECTING NON-AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN THE COUNTY BEGINNING
WITH THE TAX BILL ISSUED IN NOVEMBER 2022 FOR CANAL
RESTORATION PROJECTS ON CANALS 82, 83 AND 84 IN KEY
LARGO; STATING A NEED FOR SUCH LEVY; PROVIDING FOR
THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on October 18, 2017, Monroe County Board of County Commissioners
("BOCC") adopted Ordinance No. 021-2017 ("Ordinance"), creating a Monroe County Canals
Municipal Service Benefit Unit ("MCBU"), allowing for the future financing of improvements in a
canal restoration program through the collection of non-ad valorem special assessments; and
WHEREAS, under Section 197.3632(3)(a), Florida Statutes, and Section 4.01 of the
Ordinance, if Monroe County ("County") intends to collect a special assessment for the first time
in a geographic area, the County is required to adopt a resolution stating its intent prior to January
1 prior to the tax year in which the assessment will be collected, stating the need for the levy and
the legal description of the boundaries of the real property subject to the levy; and
WHEREAS, Monroe County (the "County") is contemplating the imposition of special
assessments beginning in November 2022 in order to pay for operations and maintenance cost
for air curtains on Canals 82, 83 and 84 in Key Largo, with the boundaries of the real property
shown on Exhibit A to this Resolution, incorporated by reference; and
WHEREAS, if assessments are used for these projects, the County intends to use the
uniform method for the levy and collection of non-ad valorem special assessments, as authorized
by section 197.3632, Florida Statutes, because this method will allow such special assessments
to be collected annually commencing in November 2022; and
WHEREAS, use of the uniform method provides a benefit to the property owners who are
paying the cost of the canal restoration, in that it allows the property owners to amortize the costs
and pay a portion on each year's tax bill; and
WHEREAS, the assessments are necessary in order to have the property owners of the
properties that receive the benefit of canal restoration programs also pay for ongoing operations
and maintenance of the canal restoration methods; and
WHEREAS, if the County proceeds with the assessment programs, adoption of this
"notice of intent' resolution will be followed by adoption of an initial assessment resolution and
final assessment resolution, later in the Spring, which will provide specific details about (a) the
amount of the assessment, (b) which properties will be subject to the assessment, and (c) the
amount of the assessment for each individual lot or parcel; and
WHEREAS, the County held a duly advertised public hearing prior to the adoption of this
Resolution, proof of publication of such hearing being attached hereto as Exhibit B.
NOW, THEREFORE BE IT RESOLVED:
1. Commencing with the Fiscal Year beginning on October 1, 2022, and with the tax
statement mailed for such Fiscal Year and continuing thereafter until discontinued by the County,
1
the County intends to use the uniform method of collecting non-ad valorem assessments
authorized in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem
assessments for the cost of providing canal restoration on certain properties located on Canals
82, 83 and 84. Such non-ad valorem assessments shall be levied within the County. A legal
description of such area subject to the assessment is attached hereto as Exhibit A and
incorporated by reference. .
2. The County hereby determines that the levy of the assessments is needed to fund
the cost of operations and maintenance for the canal restoration projects performed on Canals
82, 83 and 84.
3. Upon adoption, the County Clerk is hereby directed to send a copy of this
Resolution by United States mail to the Florida Department of Revenue, the Monroe County Tax
Collector, and the Monroe County Property Appraiser by no later than January 10, 2022.
4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 8th day of December 2021.
Mayor David Rice Yes
Mayor Pro Tem Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner District 3, Vacant Vacant
Commissioner Holly Merrill Raschein Yes
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,, t ib.-'e t: ,N MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
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By - By:
As Deputy Clerk Mayor
Digitally signed by Cynthia L Hall J
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,, Date:2021.12.1008_37:46-05'00' L,Fri
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Approved as to form and legal sufficiency by :,.tee �1
Cynthia Hall,Assistant County Attorney c
Monroe County Attorney's Office `u .70
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Exhibit A -- Legal Description of Areas
KEY LARGO AREA
That portion of the unincorporated area of Monroe County bounded on the west by Florida Bay,
on the north by Latitude 25.291354, on the east by the Atlantic Ocean, and on the south by
Tavernier Creek, in Monroe County, Florida.
Canal 82:
Between Lobster Lane and Bonito Lane, between Overseas Highway and open water.
Canal 83:
Between Bonito Lane and Grouper Lane, between Overseas Highway and open water.
Canal 84:
Between Cuda Lane and Grouper Lane, between Overseas Highway and open water.
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82
84
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Exhibit B — Proof of Publication
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KEYVWEST
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The Fronds Keys Only Deily Newspaper Est. 1876
PO Box 18W,Hey Mat FL 33041
(305) 2-7777 ext.219 F:(3 )29&W26
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COMMISSIONERSMONROE CO BOARD OF
PO BOX 1026
KEY WEST FL 33041-1026
Account: 421061 Ticket: 3818320
PUBLISHER'S
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COUNTY OF MONROEN F CDUM RESOLIMON b) To rrientanaro' musing
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the Board o County mmissioners When the Mayor ells for akers on
of Monroe County,Florida,intends to the item(s)on which you wash to com-
of the Key West Citizen,a five day consider the adoption o4 the following ment or when the Board is rearing
Countyresolution: your item(s)as the meetin progresses,
newspaper published in K st,in Monroe County,Florida,that the attached select 'Raised Hand"leature that
y of advertisrtlent,being a al noticein the matter of LFLORIDAANNOUNCING
ARE L oN F NReE Cts , appearsre bottom of
OF IN- bat n to be recognized by the
LEVEL RISE was published in said newspaper in the issues o: TENT TO USE THE UNIFORM MErHOO Zoom vvebinar host.
OF COLLECTING NON-AD VALOREM
SPEQAL ASSESSMENTS E H Zoom webmar hog will request
Wednesday,October 7,20 1 IN THE COUNTYBEGINNING WITH THE the item#on which you wish to speak
TAX BILL ISSUED IN NOVEMBER 2022 and enable your participation when
Wed nes ay,November 3,2021 FOR CANAL RESTORATION PROJECTS the Mayor calls for public speakers on
Wednesday,November 10,2021 ON CANALS 8Z 83 AND 84 IN our item.To p I wl the
Wednesday,November 17,20Z1 Go.STATING NEED R SU or rti® t in 2oom
PROVIDING FOR THE MAILING OF THIS webmar,plewe call 5j M4831.
RESOLUTION AND PROVIDING FOR AN
EFFECTIVE DATL Pursuant to Section 286.0105, Florida
ant further says that the t Citizen is a newspaper publish in drat notice is given that a n
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West,in said Monroe County,Florida and that the said newspapers has hereto camber B,2021,meeting of the Board the Board with respect to any matter
CountyCommissioners Monroeconsideredat h hei tfo n continuouslypublished in said on County,Florida Tuesday thru County,FL via Communication is he iln a ofthepro-.
Saturday weekly, n n enter asperiodicals matter at the post o in 7 (• Try using a i and t for s purpose,he
Key West,in id on County,Florida,fora r3 of 1 year nextpreceding bl r fol in de oy n to ensure t a verbatim re-
taiInstructions ubiic d of the proceedings is made,which
the first publication of the attached copy of advertisement;and a Iant further says is strongly e ura to we the record includes the testimony and evi-
that he or she has neither paid n promsed any person,firm or corporation any meeting on Monroe Coun °s dence upon which the appeal is to be
discount,rebate,commission fund r the u of securingthis avrti on carp cannel 7 ,AT T based.
Channel 99, or on the Cou s web
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