Item C22 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2013 Division: PWD/Engineering—
Bulk Item: Yes_ No X Department: Wastewater
Staff Contact Person/Phone#: Kevin Wilson/8797
AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of
Monroe County, Florida, providing a revised method for collection of wastewater capacity fees in the
Big Coppitt/Duck Key and Cudjoe Regional Centralized Wastewater Treatment Systems for those
properties not already included in the Final Assessment Resolution for their service area, and
providing for repeal of Section 3.0 in each of the following previously enacted capacity fee
resolutions: 365-2011, 331-2012, and 125-2013.
ITEM BACKGROUND: The Final Assessment Resolutions for the Big Coppitt/Duck Key and
Cudjoe Regional Centralized Service Areas included an assessment roll for properties developed as of
the time of the resolution. Sections 3.0 in Resolution Nos. 365-2011, 331-2012, and 125-2013 then
outlined the procedure for collecting capacity fees as to properties that were developed after the FARs
for their areas, meaning, that the property owners provided either for a building permit or a certificate
of occupancy after the FAR. The procedure outlined was that the Building Department would collect
the capacity fee at the time the property owner applied for the permit or the CO. However, at its June
2013 meeting, the BOCC directed staff to prepare a policy change, which would allow property
owners in these areas whose properties were being developed after the FAR for that area the option of
either (a) having the capacity fee included on the tax roll, in which case the capacity fee would be
amortized over the remaining assessment period, or (b) paying the capacity fee in full via the Building
Department.
PREVIOUS RELEVANT BOCC ACTION: Resolution No. 365-2011 (Big Coppitt/Duck Key),
adopted October 19, 2011; Resolution No. 331-2012 (Cudjoe Inner), adopted October 17, 2012;
Resolution No. 125-2013 (Cudjoe Outer), adopted April 17, 2013.
CONTRACT/AGREEMENT CHANGES: Not applicable.
STAFF RECOMMENDATIONS: Approval
TOTAL COST:_ INDIRECT COST: N/A
BUDGETED: Yes X No _ DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:_ SOURCE OF FUNDS:
REVENUE PRODUCING: Yes x No_ AMOUNT PER—TBD—varies (assessment
collections vs Building Department collection option)
APPROVED BY: County Atty C OMB/Purchasing_ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
RESOLUTION NO. -2013
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY,FLORIDA,PROVIDING A REVISED METHOD FOR COLLECTION OF
WASTEWATER CAPACITY FEES IN THE BIG COPPITT/DUCK KEY AND
CUDJOE REGIONAL CENTRALIZED WASTEWATER TREATMENT SYSTEMS
FOR THOSE PROPERTIES NOT ALREADY INCLUDED IN THE FINAL
ASSESSMENT RESOLUTION FOR THEIR SERVICE AREA; PROVIDING FOR
REPEAL OF SECTION 3.0 IN EACH OF RESOLUTION NOS. 365-2011, 331-2012,
AND 125-2013; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Big Coppitt/Duck Key and Cudjoe Regional Centralized Wastewater Treatment
Systems (including Inner and Outer) (collectively hereinafter, "Service Areas") are being constructed with
additional capacity for future development; and
WHEREAS, due to timing of development or changes in use, some properties requiring wastewater
service may not have been included on the non-ad valorem tax roll or may not have been included for the
extent of connection required for the usage of that property; and
WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those properties
within the Services Areas when initial or additional wastewater service is required and the properties were
not included on the assessment roll as of the time of the final assessment resolution for that Service Area
(the "Properties"); and
WHEREAS, Section 3.0 in Resolution 365-2011 (applicable to Big Coppitt/Duck Key Service
Area), Section 3.0 in Resolution 331-2012 (applicable to Cudjoe Regional Inner Island Service Area), and
Section 3.0 in Resolution 125-2013 (applicable to Cudjoe Regional Outer Island Service Area) each
provided a mechanism for collecting wastewater capacity fees for those Properties,namely,that the
capacity fees would be collected by Monroe County Building Department at the time of issuance of the
building permit or, at the latest, at the time of issuance of the certificate of occupancy;but
WHEREAS, at the July 2013 meeting, the Board of County Commissioners expressed a desire to
allow owners of the Properties the option of paying through the non-ad valorem assessment method, even
if their properties had not been listed on the assessment roll; and
WHEREAS, it is advantageous for the property owner to have the option of paying the capacity fees
on the tax bill, in that the capacity fee can be amortized over the period of years for the specific Service
Area.
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA, as follows:
Section 1.0. Those property owners within the Service Areas whose properties were listed on the
assessment roll as of the time of the final assessment resolution for their wastewater Service Area, including
any supplemental final assessment resolutions, shall have their capacity fees collected pursuant to the
method outlined in the Uniform Assessment Collection Act.
I
Section 2.0. The following procedure shall apply to property owners within the wastewater Service Areas
whose properties were not listed on the assessment roll as of the time of the final assessment resolution for
their Service Area, including any supplemental final assessment resolutions.
A. Upon applying for and prior to issuance of a certificate of occupancy(CO)for the Property,the
property owner shall have option of signing and delivering to the County a Consent and
Acknowledgment Agreement, in a form substantially similar to Exhibit A hereto as it may be
amended from time to time. If the property owner signs the Consent and Acknowledgment
Agreement, the capacity fee due and owing will be collected by the method outlined in the Uniform
Assessment Collection Act,by being listed on the tax bill for that property.
1) By executing the Consent and Acknowledgement Agreement,the property owner is agreeing
that wastewater assessments for the Property covered by the Agreement may be collected via
the process set forth in Chapter 197,Florida Statutes, including the non-ad valorem
assessment method, without the need for notice or advertising as to that property.
2) In order to take advantage of this method, at the time of executing the Consent and
Acknowledgement Agreement,the property owner must remit a check or money order for an
initial payment in an amount equal to the capacity fee for other properties within the same
service area, adjusted for inflation based on the Consumer Price Index for urban customers
(CPI-U), plus financing costs (2%),plus interest due for years that have expired in the term,
to bring payments for that property in line with other properties within the same service
("Initial Payment").
3) Thereafter,the property owner will pay an annual assessment that will be included on the tax
bill for the remaining years of the assessment program for that Service Area. The capacity
fee paid through this method after the Initial Payment will be the capacity fee for that Service
Area times the adjustment for inflation based on CPI-U,plus financing costs (2%),plus
annual interest for the remainder of the 20-year assessment period, plus administrative fees.
4) Any capacity fee collected via the non-ad valorem assessment method will be collected as a
part of the annual property tax bill and will include the opportunity for prepayment.
B. If the property owner elects not to sign the Consent and Acknowledgment Agreement,the
wastewater capacity fee will be collected in full by the Monroe County Building Department prior to
issuance of the CO.
Section 3.0. The procedure outlined in Section 2.0 shall apply to all certificates of occupancy issued after
the effective date of this resolution.
Section 4.0. This resolution shall become effective immediately upon its adoption by the Monroe County
Board of County Commissioners.
Section 5.0. This resolution shall rescind and supersede Section 3.0 in each of the following Resolutions:
365—2011, 331-2012, 125-2013. In all other respects, these resolutions shall remain in force and effect.
2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
meeting of said Board held on the_day of July 2013.
Mayor Neugent
Mayor Pro Tem Carruthers
Commissioner Kolhage
Commissioner Rice
Commissioner Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY,FLORIDA
By: By:
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
AP OVED AS TO F R
NTHIA L. AL
ASSISTA T COUNTY ATTORNEY
Date
3
Exhibit A
This instrument was prepared by and return to:
Monroe County Board of County Commissioners
Public Works & Engineering Division
1100 Simonton St., Suite 2-216
Key West, FL. 33040
305-292-4426
CONSENT AND ACKNOWLEDGEMENT AGREEMENT
Name , (the "Owner"), the sole owner of the property described below (the
"Owner's Property"), intending that it and its successors in interest shall be legally
bound hereby, has executed and delivered this Consent and Acknowledgment
Agreement ("Agreement") for the purpose of inducing Monroe County, Florida (the
"County") to permit payment of the system development fee and/or wastewater capacity
fee (collectively, "Capacity Fee") required to connect the Owner's Property to the
wastewater system owned and operated by the County over the term of years described
in paragraph (3) rather than at the time of issuance of the building permit and/or
certificate of occupancy.
The Owner hereby consents and acknowledges as follows:
(1) The Owner has bargained for and negotiated this Agreement and has full
authority to enter into this Agreement.
(2) On July 15, 2003, the Monroe County Board of County Commissioners
passed and adopted Ordinance 027-2003, authorizing the imposition and collection of
wastewater assessments against properties in unincorporated Monroe County.
(3) Subsequently, the County adopted non-ad valorem assessment programs
to enable affected property owners to pay the costs associated with the system over a
period not to exceed twenty (20) years. The base years for the systems covered by this
Agreement are as follows:
Big Coppitt/Duck Key 2007
Cudjoe Inner Islands 2012
Cudjoe Outer Islands 2013
Consent&Acknowledgement for Sewer Assessments Page- 1 -
(4) Under the fee schedules established by the County, a property connecting
to the County's wastewater system or expanding its use of the County's wastewater
system is required to pay a Capacity Fee equal to $4,500 times the ref
Fese enti '' units number of Equivalent Dwelling Units (EDUs) on the Property times an
adjustment for inflation based on the Consumer Price Index for urban customers (CPI-
U).
(5) The number of EDUs assigned to the Owner's Property is as of the
date of this Agreement. The Owner consents to the imposition of an annual special
assessment to fund the Capacity Fee (the "Annual Assessment") against the Owner's
Property for a period of _ years, which is the number of years remaining in the tax roll
to which the Property will be added..
(6) The Owner's Property is described as follows:
[SEE ATTACHED EXHIBIT"A"]
(7) After execution of this Consent and Acknowledgement Agreement and
acceptance of the Agreement by the County, the Owner shall pay $ (Capacity
Fee adjusted by CPI-Ul to the County based on a 20 year payment period plus annual
interest. At the time of execution of this Agreement, the Owner shall remit a check or
money order in the amount of $ , which is equal to the amount of the
Capacity Fee already underway in the service area in which the Property is located.
Thereafter, an Annual Assessment of $ will be included on the annual tax bill
for the Owner's Property each year for the balance of the period described in paragraph
(3). Failure to pay the Annual Assessment will cause a tax certificate to be issued
against the Owner's Property, which may result in a loss of title. In addition, the County
has the right to cease the providing wastewater services to Owner's Property, or to
initiate a mandamus or other appropriate action to compel payment. All costs, fees, and
expenses, including reasonable attorney's 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 and Owner shall be liable for all such costs incurred by the
County to collect the unpaid balance of the Annual Assessment and the same shall be
collectible as a part of or in addition to, the costs of the action.
(8) The Owner acknowledges that the Annual Assessment provides a special
benefit to Owner's Property by reducing the immediate cost of connecting to the
County's wastewater system and that the provision of wastewater service possesses a
logical relationship to the use and enjoyment of the Owner's Property by properly and
safely disposing of wastewater generated on the Owner's Property in an
environmentally responsible manner.
(9) By executing this Agreement, the Owner waives the right for the Property
to be included in the process set forth in Chapter 197, Florida Statutes. In particular,
the Property Owner waives the necessity of a First Class Notice letter and advertising
as to that Property. The Property will be added to the assessment roll and the Capacity
Fee will be collected via the non-ad valorem assessment method without the need for
the First Class Notice letter, advertising, or any other form of notice as to this Property.
Consent&Acknowledgement for Sewer Assessments Page- 2 -
The Property Owner waives any right of appeal as to the number of EDUs assigned to
the Property.
(10) Any changes to the use of the property affecting the wastewater system
capacity between the date when this document was prepared and the date of execution
or after date of execution (i.e., any change that results in an increase above _ EDU's)
will result in an automatic increase in the wastewater system assessment against the
Property without any additional action or notice required by the County.
(11) This Agreement constitutes the entire agreement between the Owner and
County pertaining to the subject matter hereof, and supersedes all prior and
contemporaneous agreements, understandings, negotiations and discussions of the
parties, whether oral or written, and there are no warranties, representations or other
agreements between the parties in connection with the subject matter hereof, except as
specifically set forth herein.
(12) No amendment, supplement, modification, or waiver of this Agreement
shall be binding unless executed in writing by the Owner and County. No waiver of any
of the provisions of this Agreement shall be deemed or shall constitute a waiver of any
other provision of this Agreement, whether or not similar, unless otherwise expressly
provided.
(13) This Agreement shall not be construed against any party based on it being
the drafter of the Agreement. Owner and County agree that both parties played an
equal part in drafting this Agreement.
(14) It is understood by Owner and County that this Agreement is a unified
agreement and if any provision hereof or application thereof to any person shall be held
invalid or unenforceable, such holding shall invalidate and render unenforceable all
other provisions hereof.
(15) This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida, and Owner and County expressly consent to the
jurisdiction of and agree to suit in any court of general jurisdiction in the State, whether
state, local or federal, and further agree that venue shall lie in Monroe County, Florida.
(16) The terms of this Consent and Acknowledgement Agreement shall be
deemed a covenant running with the Owner's Property and shall be binding upon the
Owner, the Owner's heirs and assigns, and shall be recorded in the public records of
Monroe County, Florida.
TO THE PROPERTY OWNER: THIS IS A LEGAL DOCUMENT. YOU HAVE THE
RIGHT TO HAVE THIS DOCUMENT REVIEWED BY AN ATTORNEY BEFORE YOU
SIGN.
Consent&Acknowledgement for Sewer Assessments Page- 3 -
IN WITNESS WHEREOF, the Owner has executed and delivered this Consent
and Acknowledgement Agreement this day of , 20
By:
Owner
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20 , by , who is personally known to me OR
produced as identification.
My Commission expires:
Name:
Notary Public, State of
Consent&Acknowledgement for Sewer Assessments Page-4-
BACK UP DOCUMENTS
1.) Resolution No. 365-2011
2.) Resolution No. 331-2012
3.) Resolution No. 125-2013
RESOLUTION NO.26�-2011
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, ESTABLISHING THE WASTEWATER CAPACITY SERVICE
FEE FOR PROPERTIES DEVELOPED WITHIN THE BIG COPPTTT AND DUCK KEY
CENTRAL SERVICE AREAS AFTER THE LEVY OF THE NON-AD VALOREM
WASTEWATER ASSESSMENTS; PROVIDING FOR A METHOD OF ADJUSTING
FOR INFLATION; PROVIDING FOR A METHOD OF COLLECTION;PROVIDING A
REVISED DATE FOR PAYMENT IN FULL OF WASTEWATER CAPACITY FEE,
PROVIDING AN EFFECTIVE DATE; AND REPEALING THE FORMER
RESOLUTION NO. 16&2011.
WHEREAS,the Big Coppitt and Duck Key Central Wastewater Systems were constructed with
additional capacity for future development;and
WHEREAS,impact fees are normally exacted for new development of properties but cannot currently be
rewired for wastewater because the capacity for new development for the foreseeable future was incorporated into
the Big Coppitt and Duck Key Central Wastewater Systems;and
WHEREAS,Monroe County is obligated to repay the Florida Department of Environmental Protection
(FDEP)State Revolving Fund(SRF)debt service associated with this additional capacity,and
WHEREAS,Section 2.02 of the 6 September 2005 Interlocal Agreement between Monroe County and
the Florida Keys Aqueduct Authority,as amended 19 September 2007,establishes the levy of non-ad valorem
special assessments as a County responsibility;and
WHEREAS,Monroe County levied non-ad valorem wastewater assessments to collect System
Development Fees of$4,500 per Equivalent Dwelling Unit(EDU)from developed properties within in the Big
Coppitt and Duck Key Service Arena as described in Resolution 302-2007 adopted on 10 September 2007;and
WHEREAS,due to timing of development or changes in use,some properties have not been assessed for
any connection or for the extent of connection required for the usage of that property;and
WHEREAS,in order to provide equity for all users of central wastewater systems,a mechanism is
necessary to collect a wastewater capacity fee from those properties within the Big Coppitt and Duck Key service
areas for which initial or additional wastewater service is required;and
WHEREAS,a significant capital funding gap exists for the Cudjoe Regional Wastewater Facility;and
WHEREAS,these wastewater capacity fees from future development have been determined to be
necessary to pay the FDEP SRF so that future sales tax revenue may be de-obligated;and
WHEREAS,a mechanism is necessary to collect wastewater capacity fees from those properties within
the Big Coppitt and Duck Key service areas for which initial or additional wastewater service is required;and
WHEREAS,there have been costs of financing the projects since the debt started to accrue,and the
inflationary element would contribute to the financing costs similar to the interest factor which has been paid and
will be paid by properties on the initial tax roll;and
WHEREAS,Resolution 168-2011 provided that any wastewater capacity fee paid in full prior to 30
September 2011 was not subject to the CPI indexing;and
1
i
WHEREAS,the intent of the 30 September 2011 date was to provide property owners who developed
after adoption of Final Assessment Resolution 302-2007 but prior to adoption of Resolution 168-2011 the
opportunity to pay the capacity fee without administrative fees,interest or CPI index adjustment;and
WHEREAS,additional time was necessary to identify those properties that developed after adoption of
Final Assessment Resolution 302-2007 but prior to adoption of Resolution 168-2011;and
WHEREAS,setting the date to apply the CPI index as 1 March 2012 for those properties developed after
adoption of Final Assessment Resolution 302-2007 but prior to adoption of Resolution 168-2011 allows sufficient
time to send capacity fee letters by the end of 2011;and
WHEREAS,the uniform method of collection will be used to collect capacity fees from properties
developed after adoption of the Final Assessment Resolution 302-2007 but prior to adoption of Resolution 168-
2011 that have not paid the capacity fee by 29 February 2012;and
WHEREAS,it is anticipated that the Initial Assessment Resolution will be adopted in April 2012 and the
Final Assessment Resolution will be adopted in July 2012;and
WHEREAS,it is desired to replace Resolution 168-2011 to extend the date capacity fees without
interest,administrative fees,and/or CPI index adjustment may be collected from property owners who developed
after adoption of Final Assessment Resolution 302-2007 but prior to adoption of Resolution 168-2011:
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS,of
MONROE COUNTY,FLORIDA,that:
Section 1.0 The following fees are hereby established for wastewater system capacity within the Big Coppitt and
Duck Key central service areas. These fees apply to new development for which permits are or were issued
subsequent to the initial wastewater capacity assessments levied in 2007:
Residential Service:
The wastewater capacity fee for residential service is 54,500.00 per residential unit(EDU)times an adjustment for
inflation based upon the all cities Consumer Price Index for all urban consumers(CPI-U)as published by the
Bureau of Labor Statistics of the U.S.Government December 2007 shall be used as the base index month
December 2007 CPI-U=211.4). Single family residences will be charged 54,500.00 times a CPI-U adjustment
factor.
Wastewater capacity fee=$4,500 x CPI-U Adjustment factor(see Section 2.0 below)
1.11 Multi-family residences will be charged 54,500.00 for each dwelling unit times the CPI-U adjustment factor.
The CPI-U adjustment factor is calculated as described above in section 2.0:
Wastewater capacity fee=54,500 x Adjustment factor(see Section 2.0 below)
1.2 Non-Residential Service:
The wastewater capacity fee for non-residential properties shall be calculated based on an estimated EDU
allocation provided by the Florida Keys Aqueduct Authority.The EDU allocation will the based on the anticipated
volume(in gallons)of wastewater anticipated to be generated by the property divided by a volume to EDU
conversion of 167 gallons/EDU. The wastewater capacity fee will be adjusted for inflation in the same manner
described in sections 1.1 and 1.11 for residential properties. The anticipated volume shall be calculated based on
the State of Florida Department of Haft System Size Determinations found in Florida Administrative Code
2
(Chapter 64E-6.008 as of the date of this resolution).
Wastewater capacity fee=$4,500 x number of EDUs x CPI-U Adjustment factor(see Section 2.0 below)
Section 2.0 The CPI-U adjustment factor is calculated each year by dividing the most recent year's December CPI-
U(not seasonally adjusted)by the CPI-U(not seasonally adjusted)for December 2007. The CPI-U(not seasonally
adjusted)in December 2007 was 210.0.
Section 3.0 The wastewater capacity fee shall be collected by the Monroe County Building Department upon
issuance of a permit,or if a permit has already been issued but no certificate of occupancy has been issued,the fee
shall be collected by the Monroe County Building Department prior to the issuance of the certificate of occupancy.
If a building permit or certificate of occupancy has already been issued but the wastewater capacity fee has not been
paid in full before 29 February 2012 and the wastewater capacity fee is not being collected as a non-ad valorem
assessment as a part of the annual property tax bill,the wastewater capacity fee,as calculated using Section 1.0 of
this resolution,will be incorporated into a special non ad valorem assessment on the properties so situated.
Wastewater opacity fees paid in full by 29 February 2012 for permits or certificates of occupancy issued after
adoption of Final Assessment Resolution 302-2007 on 10 September 2007 but prior to adoption of Resolution 16&
2011 on 15 June 2011 are not subject to the CPI indexing in Section 1.0 of this resolution.
Section 4.0 These fees shall apply to all permits and certificates of occupancy issued after the effective date of this
resolution.
Section 5.0 This Resolution repeals Resolution 16&2011.
Section 6.0 This resolution shall become effective immediately upon its adoption by the Monroe County Board of
County Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,at a meeting of
said Board held on the 19*day of October.
Mayor Heather Carruthers Yes
Mayor Pro Tem David Rice Y"
Commissioner Kim Wigington ye
Commissioner George Neugent
Commissioner Sylvia Murphy y" —
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BOARD OF COUNTY
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Attest Danny L.Kolhage,Clerk lay
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Mayor
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Deputy lerierk --.NROE COUNTY ATTORNEY
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RESOLUTION NO. 331 -2012
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ESTABLISHING THE WASTEWATER
CAPACITY SERVICE FEE FOR PROPERTIES DEVELOPED WITHIN THE
CUDJOE REGIONAL CENTRALIZED INNER ISLAND SERVICE AREA
AFTER THE LEVY OF THE NON-AD VALOREM WASTEWATER
ASSESSMENTS; PROVIDING FOR A METHOD OF ADJUSTING FOR
INFLATION; PROVIDING FOR A METHOD OF COLLECTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Cudjoe Regional Centralized Wastewater Treatment System herein
referred to as the"System" is to be constructed with additional capacity for future development;
and
WHEREAS, impact fees are normally exacted from future new development of properties
but cannot currently be required for wastewater because the capacity for new development for the
foreseeable future is included in the System design; and
WHEREAS, Section 2.02 of the September 6, 2005 Interlocal Agreement between
Monroe County and the Florida Keys Aqueduct Authority, as amended September 19, 2007,
establishes the levy of non-ad valorem special assessments as a County responsibility; and
WHEREAS, Monroe County levied non-ad valorem wastewater assessments to collect
System Development Fees of$4,500.00 per Equivalent Dwelling Unit(EDU) from developed
properties within the Cudjoe Regional Centralized Inner Island Service Area as described in the
Final Assessment Resolutions adopted on July 18, 2012; and
WHEREAS, due to timing of development or changes in use, some properties requiring
wastewater service may not have been included on the non-ad valorem tax roll certified in
September 2012 or may not have been included for the extent of connection required for the usage
of that property; and
WHEREAS, in order to provide equity for all users of central wastewater systems, a
mechanism is necessary to collect a wastewater capacity fee from those properties within the
Cudjoe Regional Centralized Inner Island Service Area for which initial or additional wastewater
service is required; and
WHEREAS,these wastewater capacity fees from future development have been determined
to be necessary to pay towards the anticipated debt obligation incurred to provide future
development with wastewater service; and
WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those
properties within the Cudjoe Regional Centralized Inner Island Service Area which initial or
additional wastewater service is required; and
i
WHEREAS, adjustments need to be made for inflation since there are financing costs for
the project; and
Cudjoe Inner Island Assessment Res.2012 1
f
WHEREAS, the inflationary element would contribute to the overall financing costs
similar to the interest factor included on the annual assessment;
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, FLORIDA, AS FOLLOWS:
Section 1.0. The following fees are hereby established for wastewater system capacity within the
Cudjoe Regional Centralized Inner Island Service Area. These fees apply to new development and
re-development for which permits are or were issued subsequent to the non-ad valorem wastewater
assessments levied on the 2012 tax bill:
1.1 Residential Service:
The wastewater capacity fee for residential service is $4,500.00 per residential unit(EDU)times an
adjustment for inflation based upon the all cities Consumer Price Index for all urban consumers
(CPI-U) as published by the Bureau of Labor Statistics of the U.S. Government. Single family
residences will be charged $4,500.00 times a CPI-U adjustment factor. The base date for CPI
adjustments for the Inner Islands Service area is December 2012. The CPI adjustment factor will
be 1.0 until the December 2012 and subsequent year CPI-Us are published. The CPI-U adjustment
factor is calculated as described below in section 2.0.
1.11 Multi-family residences will be charged $4,500.00 for each dwelling unit times the CPI-U
adjustment factor.
Wastewater capacity fee = $4,500.00 x number of EDUs x CPI-U adjustment factor(see Section
2.0 below)
1.1 Non-Residential Service:
The wastewater capacity fee for non-residential properties shall be calculated based on an
estimated EDU allocation provided by the Florida Keys Aqueduct Authority. The EDU allocation
will be based on the anticipated volume (in gallons) of wastewater anticipated to be generated by
the property divided by a volume to EDU conversion of 167 gallons/EDU. The wastewater
capacity fee will be adjusted for inflation in the same manner described in sections 1.1 and 1.11 for
residential properties. The anticipated volume shall be calculated based on the State of Florida
Department of Health System Size Determinations found in Florida Administrative Code (Chapter
64E-6.008 as of the date of this resolution).
Wastewater capacity fee = $4,500 x number of EDUs x CPI-U adjustment factor(see Section 2.0
below)
Section 2.0. The CPI-U adjustment factor is calculated each year by dividing the most recent
year's December CPI-U (not seasonally adjusted) by the CPI-U (not seasonally adjusted) for
December 2012.
Section 3.0. The wastewater capacity fee shall be collected by the Monroe County Building
Department upon issuance of a permit, or if a permit has already been issued but no certificate of
occupancy has been issued, the fee shall be collected by the Monroe County Building Department
prior to the issuance of the certificate of occupancy. If a building permit or certificate of
Cudjoe Inner Island Assessment Res.2012 2
occupancy was issued but the System Development Fee was not collected pursuant to the Cudjoe
Regional Inner Islands Final Assessment Resolution nor was the wastewater Capacity Fee collected
by the Building Department, the wastewater capacity fee will be collected as a supplementary non-
ad valorem assessment to the 2012 tax roll. The non-ad valorem assessment will be collected as a
part of the annual property tax bill and will include the opportunity for prepayment.
Section 4.0. These fees shall apply to all permits and certificates of occupancy issued after the
effective date of this resolution.
Section 5.0. This resolution shall become effective immediately upon its adoption by the Monroe
County Board of County Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a meeting of said Board held on the 17th day of October, 2012.
Mayor David Rice Yes
Mayor Pro Tern Kim Wigington Yes
Commissioner George Neugent — Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy des
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORID
(Seal)Attest AW HEAITTJ Clerk
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Deputy Clerk
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MONROE COUNTY ATTORNEY
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Cudjoe Inner Island Assessment Res.2012 3
RESOLUTION NO. 125 - 2013
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ESTABLISHING THE WASTEWATER
CAPACITY SERVICE FEE FOR PROPERTIES DEVELOPED WITHIN
THE CUDJOE REGIONAL CENTRALIZED OUTER ISLAND SERVICE
AREA AFTER THE LEVY OF THE NON-AD VALOREM
WASTEWATER ASSESSMENTS; PROVIDING FOR A METHOD OF
ADJUSTING FOR INFLATION; PROVIDING FOR A METHOD OF
COLLECTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Cudjoe Regional Centralized Wastewater Treatment System herein
referred to as the "System" is to be constructed with additional capacity for future development;
and
WHEREAS, impact fees are normally exacted from future new development of
properties but cannot currently be required for wastewater because the capacity for new
development for the foreseeable future is included in the System design; and
WHEREAS, Section 2.02 of the September 6, 2005 Interlocal Agreement between
Monroe County and the Florida Keys Aqueduct Authority, as amended September 19, 2007,
establishes the levy of non-ad valorem special assessments as a County responsibility; and
WHEREAS, Monroe County levied non-ad valorem wastewater assessments to collect
System Development Fees of$4,500.00 per Equivalent Dwelling Unit (EDU) from developed
properties within the Cudjoe Regional Centralized Outer Island Service Area as described in
the Final Assessment Resolutions adopted on July 18, 2012; and
WHEREAS, due to timing of development or changes in use, some properties requiring
wastewater service may not have been included on the non-ad valorem tax roll developed in
2012 or may not have been included for the extent of connection required for the usage of that
property; and
WHEREAS, in order to provide equity for all users of central wastewater systems, a
mechanism is necessary to collect a wastewater capacity fee from those properties within the
Cudjoe Regional Centralized Outer Island Service Area for which initial or additional
wastewater service is required; and
WHEREAS, these wastewater capacity fees from future development have been
determined to be necessary to pay towards the anticipated debt obligation incurred to provide
future development with wastewater service; and
WHEREAS, a mechanism is necessary to collect wastewater capacity fees from those
properties within the Cudjoe Regional Centralized Outer Island Service Area which initial or
additional wastewater service is required; and
Page 1 of 3
Cudjoe Outer Island Resolution 2013
WHEREAS, adjustments need to be made for inflation since there are financing costs
for the project; and
WHEREAS, the inflationary element would contribute to the overall financing costs
similar to the interest factor included on the annual assessment;
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS,FLORIDA, AS FOLLOWS:
Section 1.0. The following fees are hereby established for wastewater system capacity
within the Cudjoe Regional Centralized Outer Island Service Area. These fees apply to new
development and re-development for which permits are or were issued subsequent to the non-ad
valorem wastewater assessments levied on the 2013 tax bill:
1.1 Residential Service:
The wastewater capacity fee for residential service is $4,500.00 per residential unit
(EDU) times an adjustment for inflation based upon the all cities Consumer Price Index
for all urban consumers (CPI-U) as published by the Bureau of Labor Statistics of the
U.S. Government. Single family residences will be charged $4,500.00 times a CPI-U
adjustment factor. The base date for CPI adjustments for the Outer Islands Service Area
is December 2013. The CPI adjustment factor will be 1.0 until the December 2013 and
subsequent year CPI-U's are published. The CPI-U adjustment factor is calculated as
described below in 2.0.
1.11 Multi-family residences will be charged $4,500.00 for each dwelling unit times the
CPI-U adjustment factor. The CPI-U adjustment factor is calculated as described below
in section 2.0.
Wastewater capacity fee = $4,500 x number of EDUs x CPI-U adjustment factor (see
Section 2.0 below)
1.2 Non-Residential Service:
The wastewater capacity fee for non-residential properties shall be calculated based on an
estimated EDU allocation provided by the Florida Keys Aqueduct Authority. The EDU
allocation will the based on the anticipated volume (in gallons) of wastewater anticipated
to be generated by the property divided by a volume to EDU conversion of 167
gallons/EDU. The wastewater capacity fee will be adjusted for inflation in the same
manner described in sections 1.1 and 1.11 for residential properties. The anticipated
volume shall be calculated based on the State of Florida Department of Health System
Size Determinations found in Florida Administrative Code (Chapter 64E-6.008 as of the
date of this resolution).
Wastewater capacity fee = $4,500 x number of EDUs x CPI-U adjustment factor (see
Section 2.0 below)
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Cudjoe Outer Island Resolution 2013
Section 2.0 The CPI-U adjustment factor is calculated each year by dividing the most
recent year's December CPI-U (not seasonally adjusted) by the CPI-U (not seasonally adjusted)
for December 2013.
Section 3.0 The wastewater capacity fee shall be collected by the Monroe County
Building Department upon issuance of a permit, or if a permit has already been issued but no
certificate of occupancy has been issued, the fee shall be collected by the Monroe County
Building Department prior to the issuance of the certificate of occupancy. If a building permit
or certificate of occupancy was issued but the System Development Fee was not collected
pursuant to the Cudjoe Regional Outer Islands Final Assessment Resolution nor was the
wastewater Capacity Fee collected by the Building Department, the wastewater capacity fee will
be collected as a supplementary non-ad valorem assessment to the 2013 tax roll. The non-ad
valorem assessment will be collected as a part of the annual property tax bill and will include
the opportunity for prepayment.
Section 4.0. These fees shall apply to all permits and certificates of occupancy issued
after the effective date of this resolution.
Section 5.0 This resolution shall become effective immediately upon its adoption by the
Monroe County Board of County Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of said Board held on the 17`h day of April, 2013.
Mayor George Neugent Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner Danny Kolhage Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
Mayor i C= '
(Seal) `C
AMY AVILI ,CLERK = r a
Deputy Clerk =. :. x n
C-�
:. o
MONROE ATTORNEY
Page 3 of 3 APPR AS O RM:
Cudjoe Outer Island Resolution 2013 CQ B.WW.LINGER,JR.
TTORNEY
DEN u