Item R01 R.1
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Number: R.1
Agenda Item Summary #10500
BULK ITEM: No DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider approval of the annual rate resolution
for Canal 266 on Big Pine Key as part of the canal restoration program, imposing an annual
assessment for the cost of Canal 266 operations and maintenance for FY 2023.
ITEM BACKGROUND: In 2017, the Board of County Commissioners (BOCC) adopted
Ordinance 021-2017, creating the Monroe County Canals Municipal Service Benefit Unit (MSBU)
to finance the canal restoration program. Section 3.08 of the Ordinance provides that each year, the
BOCC will adopt an annual rate resolution setting the canal assessment for the upcoming fiscal year.
The attached resolution states the amount of the assessment and also lists the assessment roll for the
program.
As required by the Ordinance, notice of the public hearing on the annual rate resolution has been
published in a newspaper of general circulation within the County for at least 20 days prior to the
public hearing.
PREVIOUS RELEVANT BOCC ACTION:
10/18/2017: BOCC approval of Ordinance 021-2017, establishing a Municipal Service Benefit Unit
for collection of special non-ad valorem assessments for the canal restoration program.
11/24/17: Approval to advertise a public hearing to consider approval of a resolution of Monroe
County, Florida electing to use the uniform method of collecting non-ad valorem special assessments
levied within the County toward the cost of providing Operations and Maintenance costs for canal
restoration demonstration projects and/or for canal skimming services for any canals within
unincorporated Monroe County (the Notice of Intent resolution will be heard at the December 13,
2017 public hearing in Key Largo).
11/20/18: Discussion and direction on the County's three air curtains installed on Big Pine Key as
part of the County's demonstration projects that were destroyed by Hurricane Irma. [Commissioners
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directed staff to proceed with an air curtain replacement at canal 266 and to proceed with an MSBU
to fund the operations and maintenance.]
04/17/19: BOCC approval of Initial Assessment Resolution (Res. No. 121-2019), imposing annual
maintenance assessment for properties on Canal 266.
7/17/19: BOCC adopts revised Initial Assessment Resolution (Res. No. 200-2019) imposing annual
maintenance assessments for properties on Canal 266.
8/21/19: BOCC adopts Final Assessment Resolution (Res. No. 229-2019), imposing maintenance
assessments for properties on Canal 266.
08/18/21: A public hearing to consider approval of the annual rate resolution for Canal 266 on Big
Pine Key as part of the canal restoration program, imposing an annual assessment for the cost of
Canal 266 operations and maintenance for FY 2022.
CONTRACT/AGREEMENT CHANGES:
Not Applicable
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Annual Rate Resolution Canal 266 Aug 2022 with assessment roll
Proof of Pub Legal Display - Canal 266 The Citizen
Proof of publication C266 MSBU The Citizen.jpg
Proof of Pub 22-0721 Legal Display - Canal 266 Keys Weekly
Resolution 200-2019 IAR for Canal 266
Ordinance 0212017 creation MSBU canal restoration
Resolution 229-2019 FAR for Canal 266
FINANCIAL IMPACT:
Effective Date: August 17, 2022 Expiration Date: N/A
Total Dollar Value of Contract: N/A Total Cost to County: $0
Current Year Portion: $0 Budgeted: N/A
Source of Funds: MSBU CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $29,950.80 total
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
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REVIEWED BY:
Rhonda Haag Completed 07/27/2022 2:15 PM
Cynthia Hall Completed 07/29/2022 1:02 PM
Purchasing Completed 07/29/2022 1:35 PM
Budget and Finance Completed 08/01/2022 10:35 AM
Brian Bradley Completed 08/01/2022 11:31 AM
Lindsey Ballard Completed 08/01/2022 12:38 PM
Board of County Commissioners Pending 08/17/2022 9:00 AM
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R.1.a
RESOLUTION NO. - 2022
A RESOLUTION OF THE BOARD OF COUNTY E
COMMISSIONERS OF MONROE COUNTY, FLORIDA, 0
RELATING TO THE CANAL RESTORATION PROGRAM; U)
IMPOSING ANNUAL MAINTENANCE ASSESSMENT FOR
PROPERTIES LOCATED WITHIN THE CANAL ass
RESTORATION MUNICIPAL SERVICE BENEFIT UNIT; U)
APPROVING THE NON-AD VALOREM ASSESSMENT ROLL;
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PROVIDING FOR COLLECTION OF MAINTENANCE
ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, in 2019, the Monroe County Board of County Commissioners ("BOCC") 0
adopted Ordinance No. 021-2017 ("Ordinance"), establishing the Monroe County Canals '
Municipal Services Benefit Unit("MSBU")to finance canal restoration work in certain canals;
and
WHEREAS, in 2019, through adoption of Resolution No. 229-2019 ("Final Assessment
Resolution"), the BOCC provided that the assessment would be collected from certain properties X
lining Canal 266 on Big Pine Key (the "Air Curtain Technology Assessment Area"), and further
provided that the amount of the assessment would be $1,247.95 per parcel, which had the effect
of raising approximately $29,950.80 per fiscal year; and
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WHEREAS, Section 3.08 of the Ordinance, now codified at Section 26-168 of the U)
Monroe County Code,provides that the Board of County Commissioners will adopt an annual U)
rate resolution during its budget adoption process for each fiscal year following the initial fiscal
year of a wastewater assessment; and
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WHEREAS, the annual assessment revenue is necessary to continue to pay for canal N
restoration costs.
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, FLORIDA,AS FOLLOWS:
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Section 1.0. The non-ad valorem annual assessment for the canal restoration program will be
levied at a rate of $1,247.95 per Tax Parcel in the Assessment Area as shown on Exhibit A to
this Resolution. U)
Section 2.0. The assessment roll for the above-referenced Assessment Area for the upcoming
fiscal year as shown on Exhibit A is hereby approved.
Section 3.0. The non-ad valorem annual assessments for the canal restoration program will
continue to be collected using the Uniform Method as set forth in F.S. 197.3632 and as set forth
in Monroe County Ordinance No. 021-2017.
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Monroe County BOCC-Annual Rate Resolution Canals—August 2022 Page 1 of 3
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R.1.a
Section 4.0. The effective date of this Resolution is August 17, 2022. u
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a meeting of said Board held on the 171h day of August 2022.
Mayor David Rice
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Mayor Pro Tem Craig Cates U)
Commissioner Michelle Coldiron
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Commissioner James K. Scholl
Commissioner Holly Raschein
BOARD OF COUNTY COMMISSIONERS 0
OF MONROE COUNTY, FLORIDA '
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BY:
Mayor
(Seal) 0-
Attest: Kevin Madok, Clerk
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As Deputy Clerk
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Approved as to form and content N
Monroe County Attorney's Office
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7-27-2022
Assistant County Attorney
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Monroe County BOCC-Annual Rate Resolution Canals—August 2022 Page 2 of 3
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R.1.a
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Exhibit A
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Monroe County Canal 266 - 2022
Preliminary Assessment Roll N
AK RECHAR PC' DOWNER NAME, Canal Unit Ar�nalAsmt �
1382396 00310280-000000 0000 ANDRE DEVELOPMENT INC 266 1 $1,247.95
1382400 00310290-000000 0100 LANGMICHAEL 266 1 $1,247.95
1382442 00310330-000000 0000 DONOHUE KEVIN T 266 1 $1,247.95 0
1382451 00310340-000000 0100 DONOHUE KEVIN T 266 1 $1,247.95
1382469 00310350-000000 0100 SCIABARASSI ALFRED 266 1 $1,247.95
STONE LIVING TRUST
1382485 00310370-000000 0100 1/7/1997 266 1 $1,247.95
1382507 00310390-000000 0100 KESSEL LINDA 266 1 $1,247.95
1382523 00310410-000000 0100 CLARK SHARON L 266 1 $1,247.95
1382540 00310430-000000 0100 WILSON MICHAEL G 266 1 $1,247.95
1382566 00310450-000000 0100 REISNER MICHAEL D 266 1 $1,247.95 E
ALESI DENISE M LIVING e)
1382591 00310480-000000 0100 TRUST 6/28/2012 266 1 $1,247.95 U)
e)
1382604 00310490-000000 0100 SHEARIN JERRY N 266 1 $1,247.95
1382612 00310500-000000 0100 DAVEYJOHN 266 1 $1,247.95
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1382647 00310540-000000 0800 GUARINI CAROLYN RITA 266 1 $1,247.95 cN
WEINBERG LAWRENCE REV cN
1382698 00310590-000000 0100 TR4/6/1996 266 1 $1,247.95
1382710 00310610-000000 0100 BAILEY SHARON S 266 1 $1,247.95
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1382736 00310630-000000 0100 SACKETT JOELLE 266 1 $1,247.95
1382761 00310660-000000 0100 REESE WILLIAM KENTON JR 266 1 $1,247.95
ARNOLD FAMILY INT VIV t3
1382779 00310670-000000 0100 TRUST 3/7/1999 266 1 $1,247.95
1382787 00310680-000000 0100 ISHAM RANDALL 266 1 $1,247.95
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1382795 00310690-000000 0100 CUTLER CHARLES ALMOND 266 1 $1,247.95 U)
1382809 00310700-000000 0100 SEVOR JEFFREY J 266 1 $1,247.95
1382817 00310710-000000 0100 RUGGIANO GEORGE W 266 1 $1,247.95 �
1382833 00310730-000000 0100 AWIS BRIAN 266 1 $1,247.95
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Monroe County BOCC-Annual Rate Resolution Canals—August 2022 Page 3 of 3
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The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F.•(305)295-8025
legals@keysnews.com
MONROE CO ADMIN/BOCC
1100 SIMONTON ST STE 2-205 En
KEY WEST FL 33040
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Account: 423273 Ticket: 3853407
PUBLISHER'S AFFIDAVIT U)
STATE OF FLORIDA [legal.text] CN
COUNTY OF MONROE
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Before the undersigned authority personally appeared
Melinda Prescott ,who on oath says that he or she is 0
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The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County,Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of.,
Saturday,July 23,2022
Affiant further says that the Key West Citizen is a newspaper published in Key
West,in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County,Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in U
Key West,in said Monroe County,Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount,rebate,commission or refund for the purpose of securing this advertise- c14
ment for publication in the said newspaper.
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(Signature of Affiant)
Affirmed and subscribed before me this 25th day of July 2022
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0
(Notary Public Signature) O
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_Laura M Robins
(Notary Public Printed Name)
My commission expires 9/26/2022
Personally Known X Produced Identification_
Type of Identification Produced ITITITITmmmmmITITITITmmµ_ (Notary Seal).... _
^�� Ptotary PutNic stale of Florida
Laura M Robins
My Commission GG 282758
" � �µ 'Expires 09V28r2022
Packet Pg. 3206
ess: naps:MCDOcc100m.Us/f/Z5Z3/UZZ501ITor I uonservationuommission,aemonstratesthepi
receiving public comment on the proposed as- paign targeting English- and next three weeks,Rafter said. measure a Florida spiny lobster off Islamorada
Spanish-speaking audi- The FWC will have three large Keys.
Monroe County, Florida ences and the dedicated offshore vessels patrolling
Canal Restoration Program KeysLobsterSeason.com Keys waters,in addition to its
Annual Rate Resolution website. normal fleet of Florida Keys w
ELUTION OF THE BOARD OF COUNTY The Monroe County boats. M , ' 5ming Lolbste'
iSIONERS OF MONROE COUNTY, FLOR Sheriff's Office is as- "Boating safety is always
ILATING TO THE CANAL RESTORATION sisting by publicizing first and foremost," Rafter No 'person shall harvest or attempt
1M; IMPOSING ANNUAL MAINTENANCE KeysLobsterSeason.com on said. "Nobody's life is worth spite lGbst'er by diving unle_-they pos
MENTS FOR PROPERTIES LOCATED their portable messaging a lobster. Divers should also in,-the'water,a gaugg made for measur
THE CANAL RESTORATION MUNICIPAL signs positioned at points on not be banging into or touch-
BENEFIT UNIT; APPROVING THE NON- the Overseas Highway. ing coral. People should be All lobster must be measmx•e-d in. the
]REM ASSESSMENT ROLL; PROVIDING vested by slip m'g
LLECTION OF MAINTENANCE ASSESS Keys lodging and oth careful about having their mm-
AND PROVIDING AN EFFECTIVE DATE. er tourism businesses are nets scrapping against coral V LobstxT carapace most b"e greater
epicts the Assessment Areas within the Canal Restoration Mu- encouraged to share the and jabbing their tickle sticks
(3) iims�be} to be lxax-vested or poys
refit Unit subject to the assessments: KeysLobsterSeason.com into coral." undersiZed lobsters mu,,t be released ac
C— URL with guests before their Last year, one man died
arrival in the Keys.They can and another was hospitalized v All recreationally ban,.eLted lobster:m
also print out a two-page dig- during the two-day lobster in whole condition while at sea.
ital version of the brochure, mini-season. Both incidents
available on the website,and involved men diving for ` Tail cam,only be separated',on land. 1
t ' distribute it to guests after spiny lobster. is separated Emm the body..it-must be g
they arrive. People have to wait until 5-172'ITMcEwes.
TDC efforts are part of a Wednesday to harvest lob-
multi-agency communica- sters. FWC and the Sheriff's'',' .
Canal 266 Big Pine Key,FL tions strategy by a county- Office have already issued
ing is being held for the purpose of receiving public Wide lobster mini-season several citations in the pastti;,
proposed assessments and collection of the assess- task force, started in week for people who were
valorem tax bills. All affected property owners have the 2021 by Monroe County caught harvesting lobster' ; r"
and provide input at the hearing, and may file written
:he County Administrator at any time prior to the public Commissioner Michelle early.
n twenty(20)days following publication of this notice, Coldiron and Marathon For information on
ater. Mayor John Bartus. The the Florida Keys lobster `s
Is have been adopted to fund ongoing annual mainte- initiative involves rep- season, visit http://www. y
:he canals,including but not limited to cost of electricity resentatives from the KeysLobsterSeason.com.
ns,vegetation removal and related services. The as Florida Fish and Wildlife tohara@keysnews.com �� �� I �
ch parcel of property is based upon the number of Tax ti rn,
sessment Area. A more specific description is set forth y � r�
sessment Resolution adopted by the Board of Coun- NOTICE OF COMMUNITY MEETING Lobster
rs on July 17,2019. Copies of the Initial Assessment calpe, ��"tip '
Mans and specifications for the Maintenance Activities, ,"g
��° ��^�
ary Assessment Roll are available for inspection at the NOTICE OF REQUEST FOR AN AMENDMENT TO must be l 'AV
Administrator's Office,1100 Simonton St.,Suite 2-268, MONROE COUNTY FUTURE LAND USE MAP greater , a
133040,between the hours of 8:00 a.m.and 4:30 p.m., tba�
Friday. ti r4 1� jf
NOTICE OF REQUEST FOR AN AMENDMENT w
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TO MONROE COUNTY LAND USE three (3) ,, .,
ssment rates are: inches-
rx Parcel in the Assessment Area DISTRICT (ZONING) MAP I , f
s will be collected on the ad valorem tax bill,commenc AUGUST 11, 2022M�
bill to be mailed in November 2022,as authorized by au
2,Florida Statutes and in future fiscal years. Failure to NOTICE IS HEREBY GIVEN that on Thursday,August 11,2022,the appli- y „*.. '
ents will cause a tax certificate to be issued against the cant of the below mentioned application will hold a Community Meeting y
ich may result in a loss of title. via Zoom Webinar,beginning at 05:05 P.M. The following items will be
discussed at the COMMUNITY MEETING: " w
questions,please contact Rhonda Haag at(305)453- AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COM- r
rough Friday between 8:00 a.m.and 4:30 p.m. MISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE
MAP FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL HIGH
tion 286.0105, F.S., if a person decides to appeal any (RH), FOR PROPERTY LOCATED AT 21085 OLD STATE ROAD, CUDJOE
)y the Board with respect to any matter considered at KEY, MILE MARKER 21, LEGALLY DESCRIBED AS LOT 30 SACARMA,
i person will need a record of the proceedings and may A SUBDIVISION OF GOVERNMENT LOTS 3 AND 4 IN SECTION 29,
hat a verbatim record is made,including the testimony TOWNSHIP 66 SOUTH, RANGE 28 EAST (PLAT BOOK 2, PAGE 48), Vote by Mail/Absentee Balloi
on which the appeal is to be made. MONROE COUNTY, FLORIDA, HAVING PARCEL IDENTIFICATION NUM- Now Being Mailed.
In accordance with the Americans with Disabilities BER 00174960-000000;AS PROPOSED BY MOBILE HOMES HOLDINGS
needing a special accommodation or an interpreter to COCO, LLC; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL The elections office has started mailing
>proceeding should contactmode iCountyoran interpreter to OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE Ballots for the August 23, 2022, Primary Election.
32-4441,between the hours of 8:30 a.m.and 5:00 p.m., STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PRO- ed to have ballots mailed to you and have not rece
e(5)days prior to the date of the hearing. If you are PLAVIDIN
FOR INCLUSION IN THE HE FUTUNROERE
COUNTY COMPREHENSIVE please call the Supervisor of Elections offices at
impaired,call'711.' PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;PROVID- 305.289.6017, or 305.453.8740.
ING FOR AN EFFECTIVE DATE.(FILE 2022-085)
blic Hearing virtually,please click on the zoom Webinar AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COM- You may still request a Vote by Mail Ballot. For y(
link: MISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT
17,2022 09:00 AM Eastern Time(US and Canada) (ZONING) MAP FROM SUBURBAN COMMERCIAL (SC) TO URBAN complete the following information is needed:the v
RESIDENTIAL (UR), FOR PROPERTY LOCATED AT 21085 OLD STATE dress,date of birth,Florida Driver's License number c
ise click the link below to join the Webinar: ROAD, CUDJOE KEY, MILE MARKER 21, LEGALLY DESCRIBED AS LOT of your social security number, address where the
ittps:Hmcbocc.zoom.us/j/82370285170 30 SACARMA, A SUBDIVISION OF GOVERNMENT LOTS 3 AND 4 IN
n ^ mailed,and signature if the request is in writing. PIE
NOTICE OF INTENT TO CONSIDER
ADOPTION OF COUNTY ANNUAL RATE
,RESOLUTION-CANALS'
WEE
N IS t18RlFY G � WHOM MAY CONCERN that on Aygust-12,202 a1,30
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p.ln,or as awn thereafteras may be'heard,atdte Hary Government Center,tOOTrtrman
Avenue,2nd Floor„KeyWVest,�FL�3 ,the 0azard of Courtty Commissioners of Mori U)
County,Florida;will held a`publlc-hearing to considerooprovalor the following Couirnty, U)
Published Weekly resolution: The public can also attend the Publle Hearing via Communication Med1a
Marathon,Monroe County, TchaaoYoy (CNt6Thamat o following wr)rtua address �httpsl�mtborau U)
Y J/8i310,2#$t70 forth purpose of teceiving,pubi(c corhment on the proposed assessments _
PROOF OF PUBLICATION Monroe County to
-• Canal Restorationn Pr Program:.
Annual Rate Resolution C
STATE OF FLORIDA
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, N COUNTY OF MONROE FLORIDA,RELATING TO THE CANAL RESTORATION,PROGRAW IMPOSING ANNUAL MAINTE-
Before the undersigned authority NANCE ASSESSMENTS FOR PROPERTIES'LOCATED WITHIN THE CANAL RESTORATION co
MUNICIPAL SERVICE BENErrr UNIT;APPROVING THE NON-AD VALOREM ASSESSMENT ROLL,-
personally appeared JASON KOLER who PROVIDING,FOR COLLECTION OF MAINTENANCE ASSESSMENTS; AND PROVIDING AN
on oath, says that he is PUBLISHER of EFFECTIVE DATE.
the WEEKLY NEWSPAPERS, a weekly The figure below depicts theAssessment Areas within the Canal Restoration Municipal O
newspaper published in Marathon, in Service Benefit Unit Subject to the assessments:
Monroe County, Florida: that the 0
attached copy of advertisement was Canal Restoration-#266- •
published in said newspaper in the Big PineKey,,FL
issues of:(date(s)of publication) The public hearing is being held for the
purpose of receiving'public comment, —
f on the proposed assessments and
l ` collection of the assessment on the ad
valorem tax bills. All affected property
owners have the right to appear and
--_— ptovido inptn at the hearing,and may OL
Affiant further says that the said WEEKLY hid vrritten objections with the County
NEWSPAPERS is a newspaper published AdminIstrator,at,any t)me prior Itothe >%
public meeting or within twenty(20)
Y y g-publication of this
at Marathon, in said Monroe County, days following
Florida,and that the said newspaper has notice,whichever is greater.
heretofore been continuously published the Assessments have.been adopted to fund,ongoing annual iinalotonante costs for the
In said Monroe County, Florida, once canals,including but not limited to cost ofelectricitytb run air curtains,vegetation removal
and related Services,The assessment for ea t parcel of property Is based upon the number
each week (on Thursday) and has been ofTa Parcelt In the Assessment area,A mare specific description is set forth in the inwai
qualified as a second class mail matter at Assessment Resolution adopted by the Rnord of Courlty Commissloners on July 17,2019. �
the post office in Marathon, In Monroe C)slalus nten of the Initial Assessiment Resoltltlon,'the plans and s ecifications for the cy
p MR( anceActivities,and the preliminary Assessment Roll are,.avai abiefor Inspection at �
County, Florida,for a period of one year the Monroe CountyAdminkstrato•r's Office,1100SlnaomonSt.,Stillte2-268,1fey estFlorida
next preceding the first publication of ;1040,between the hours off3;00a.m.and s.30p,m.,Monday through Friday, ro
The annual assessment rates are: U
the attached copy of advertisement.The - m
1'•, 47.95 per Tax Parcel In the Assessment AM �
affiant further says that he has neither The arssessmentsvwfll betol*t dh l a4 v 6e',r�tax bill,com mencIng with the tax Nil 2
paid nor promised any person, firm, or to be mailed In November 2022„as authorized by Section 197,3632,Florida Statutes and in CL
future fiscal years Failure to pay the assessments wilf cause a tax certificat to be Issued rA
corporation any discount, rebate, ,againstthe real property hichmay result I nalossoftitVe.
commission or refund forthe purpose of If you ,p rJ y y questions,please contact Rhonda Haag at(305)453-8774
securing this advertisement for Monday through Friday betweett8:00a.m.and 4::30pm.
publication in the said newspaper(s)and Pursuanttp Section 280,0105,ES,kfa person decides toappealanydt lsltn made bythe �
that The Weekly Newspapers is kn fJJ,I.I. Roani with res ct to any matter considered at the hearing,such person Will need a recordcom
of thin pr � tlngs and may need to ensure that.a verbatim record is made,Including the
pllaurce with Chapter 50 .t, :; drnony and evfdencduppnwhlch the appeal Istobetnade�
Fir i 'AtttetdtJltta, oil Legal and cN
ADA Assistance: In accordance,with the,Anterkans with Disabilities Act,any parson cN
f t jag dv lf(S . gents needtlngasoecialwommodationoranfnt pre,tertopartfcliaateinthisproceedingshould �
contact the County Administrator's office at:(305)292.4441,between the hours of 8a30 San,
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and 5:00 p.m.,no later than five(5)days prior to the date of the hearing. If you are hearing
mr orvoice impaired,call'71 1.' -
To attend the Public Hearing virtually,please click on the zoom webinar link:
Sworn to'and ubscribed before me O
¢ vWhen:Aug 17,2022 09:00 AM Eastern Time(US and Canada) O
thtls,�,"� day of 2022. Please click the link below to join the webinar:
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(S E txL) https✓/mcbocc.zoom.us/j/82370285170
Or iPhone one-tap:
' Li :+16465189805,82370285170#or+1669900683382370285170#,
OtrTfwone:
r Dial(for higher quality,dial a number based on your current jotlorl)i,
Notary US:+1 646 518 9805 or+1 669 900 6833
Webinar ID:823 7028 5170
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International numbers available:htt s://mcbocczoom.us/u/k8R kd6G
If`a person WNhes to rrment on a particular item on the public aorftrt of the Agenda,
r CH41 tl O f]E HRUCKA J when the webinar monitor ant(/or tho Mayor calls for speaers on tlthe itarti on which,you
A MY C01MMiSSION#GG 2218,335 wish to comment
)rile EX a)f a)Ifphoni09In,,Dial19to"raiseyourhatld"taber ragirN dbylhe2 rtlra binaamouftor,
Bonded I hiu Ilr:w w r Pub is Undcrv�nr�s b)if watching onllne click on"open the llve Zoom' pblha'link,which link epp �
the published Agendiand Agenda:Packet When promp "d, ter uremaila2l Packet Pg. 3208
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Monroe County,Florida
PROOF OF PUBLICATION
Canal Restoration Program R.1.d
Annual Rate Resolution
STATE OF FLORIDA A'RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
COUNTY OFMONROE FLORIDA,RELATINGTO THE CANAL RESTORATION,PROGRAM;IMPOSING ANNUAL MAINTE-
Before the undersigned authority NANCE ASSESSMENTS FOR PROPERTIES LOCATED WITHIN THE CANAL RESTORATION
personally appeared JASON KOLERwho MUNICIPAL SERVICE BENEFIT UNIT,APPROVINGTHENON-ADVALOREM ASSESSMENT ROLL,
p Y pp PROVIDING'.FOR COLLECTION OF MAINTENANCE ASSESSMENTS; AND PROVIDING AN
on oath, says that he is PUBLISHER of EFFECTIVE DATE
the WEEKLY NEWSPAPERS, a weekly The figure below depictsthe Assessment Areas within the Canal Restoration Municipal
newspaper published in Marathon, in Service Benefit Unitsubject to the assessments:
Monroe County, Florida: that the U)
attached copy of advertisement was Canal Restoration-#266- 0
published in said newspaper in the Big Pine Key,FIL 0', as
issues of:(date(s)of publication) The public hearing is being held for the
purpose of receiving public comment
on the proposed assessments and
` 14 collection of the assessment on the ad
valorem tax bills. All affected property U)
owners have the right to appear and co
provide Input at the hearing,and mo �
Affiant further says that the said WEEKLY hie Written Objections with the County c14
Aflmindstrator at any time prior to the
NEWSPAPERS is a newspaper published �
public:meeting or within twenty(20)
at Marathon, in said Monroe County, days following publication of this
1�jiewhwx,ww _ <J
Florida,and that the said newspaper has notice,whichever is greater.
heretofore been continuously published The Assessments have been adapted to fund ongoing annual malntenan"costs for the 0
g,anafsi Including but not limited to co Ofetec city-to run aIt cua ins„vegetation removal 2
In said Monroe County, Florida, once and related services.The assessment for,each parcel ofpropertyIs based upon then umber 0
each week (on Thursday) and has been of Tax Parcels In the Assessment Area. A more specffue deseruption Is set forth In the lnitpal a)
Assessment Resolution adopted b the Board of oun omn%sioners ore ful i7, 01g,
qualified as a second class mail matter at y fy" y
the post office in Marathon, In Monroe Copies of the Initial Assessment Resolution, the`,plains and specifications for the '
Mal rmtanance,Activides,'and the preliminary Assessment Roli areavaldable for Inspection at �
County, Florida,for a period of one year theMonr County Admintstrator'sOffrce,l`1005la tentonSt,,Sugte2�268,KeyWestFlodda,
next preceding the first publication of
,33040r between the hours of 8,06 a.m,and 4.30 p.m,,Monday through Friday.
the attached copy of advertisement.The The,annual assessraent rates ate:
51,247.95 perTax parcel in the Assessment Area
affiant further says that he has neitherThe ''°
y ,tssessments�rabll be collected on tN+e=ao valorem tax bill,commencing with the tax bill �
paid nor promised any person, firm, or to bewailed is November 2022,,as authorized by Section 197 3632,florida Statutes and in OL
corporation any discount, rebate, future fiscal years, Failure to pay the assessments Wilt ca Use a tax certificatetobeissued
against the real property which may result in a loss of title.
commission or refund for the purpose of If you have any questions,please;contact Rhonda Haag at(305)453-8774
securing this advertisement for Monday through Friday between8:00a.m.and 4;30pmt
publication in the said newspaper(s)and I Pursuant to Section 286,0105,F;S;,9 a persons plecides;to appeal any decision made by the
that The Weekly Newspapers ps Lrrt_,f ti.M.,( Board with respactto any matter considered at the headog,such person will need arecord U)
of'the proceetlingsand may need to ensure that a verbatim irecord is made,Including the
compliance with Chatter f the testlmr"nyand'eu*hce uponwhlchtheatpealistobema&
Florida State Stat w�t pru UL aal__ansd ALGA Assistance,, In accordance with the Americans with Msabllllies,Act, any person �
Ofh,�.lal Advertisements needing a special accommodation ofaninterpreter"topartdclpateIn this proceetdingshould
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contact the County Administrator'5ke at(305)291 lbetween the hours of8 p am,and 5:00 p.m.,no later than five(5)days prior to the date of the hearing. If you are hearing
or voice impaired,call'711:
To attend the Public Hearing virtually'y,please click on the zoom webinar link: U
Sworn to and Ltbscribed before me When:Aug 17,202209:00AM Eastern fMme(U5 and Canada)
this, P day'Of 2022. Please click the link below to join the webinar:
(SEAL) httpW/mcbocc.zoom.us/j/82370285170
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Or iPhone one-tap: ,A
.•- V, US:+1M65189805 82370285170#or+1 669M833,823702851700
t - t'tarTelaphone: 7.
Notary Dial(for higher quality,dial a number based on your current location): 0
US:+1 646 518 9805 or+1 669 900 6833 0
Webinar ID:823 7028 5170
International numbers available:https:Hmcbocc.zoom.us/u/k8Rgkd6G2 N
IT A11151,
If a person wtrishe5 to comment on a particular item on the public portion of the Agenda,
y; l h41'I G f i t hRU�E\A I when the webinar monitor and/or the Mayor calls for speakers on the item on which you
MY C(`AMiSSiON#GC 291805 wish to comment: cN
EXPIRES:Se
ptember 2022 4)lfphonlit0n,DWI*9'io'ralseyour hand"to be recognized bythe2 rnlwebtnar-monitori �
Bonded rhlLJtkA,wlPuNicUnderwnr�rs b)lf watching tandine cllcironlrrpen the live oonliN Iaiarlirvlt wltichllwtkappearsln
� OL
the published Agenda,a and Agenda,Packet,When prompted,enter your emaiS address and 4—
name to join the webinar and then setect the�Ralsed Hand."feature ihat appears at thw O
bottom ofthe Zoom w ebinar'screen to be recognized by the webinar Monitor„To reIport 4—
problems,please call(305)872-8831 O
A person m ay submit written of other phystcai evidence one a particular agonda item OL
for-ton sidoratton at thba BOCC meeting to: Lindsey ldaplard,via email,Im ballard-ldndsey, 4,
omonroecousntyfl,gov.The documents most be reaelyed by 3,8f1 PM on Monde August'August
15 2022,and must include the submitter s m ame acidress,.phone number,emairaddt s5
and thk agiOnda i r'p humber to which the documents'refer.
cs
KEVIN MADOK,Clerk of the Circuit Court .
and exofl9cio Clerk of the Board of County Publish:July 21,2022
Commissioners of Monroe County,Florida The Weekly Newspapers
Packet Pg. 3209
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MONROE COUNTY, FLORIDA
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MONROE COUNTY CANAL RESTORATION CN
OPERATIONS AND MAINTENANCE SERVICES ra
ASSESSMENT PROGRAM u
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INITIAL ASSESSMENT RESOLUTION
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CANAL 266
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ADOPTED JULY 17, 2019
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Packet Pg. 3210
TABLE OF CONTENTS
PAGE
ARTICLE I
AUTHORITY, DEFINITIONS AND LEGISLATIVE FINDINGS
SECTION 1.01. AUTHORITY..................................................................................3
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SECTION 1.02. DEFINITIONS 4 U)
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SECTION 1.03. INTERPRETATION.......................................................................7
SECTION 1.04. FINDINGS 7 m
ARTICLE II
NOTICE AND PUBLIC HEARING
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SECTION 2.01. PUBLIC HEARING........................................................................9 ra
SECTION 2.02. NOTICE BY PUBLICATION........................................................9
SECTION 2.03. NOTICE BY MAIL ........................................................................9 2
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ARTICLE III
PROPOSED ASSESSMENT AREAS
SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREAS......... 10
ARTICLE IV
MAINTENANCE ASSESSMENTS
SECTION 4.01. ESTIMATED MAINTENANCE COST....................................... 10 CN
SECTION 4.02. IMPOSITION OF MAINTENANCE ASSESSMENTS............... 11
SECTION 4.03. COMPUTATION OF MAINTENANCE ASSESSMENTS ........ 11
SECTION 4.04. MAINTENANCE ASSESSMENT ROLL ................................... 12 0
ARTICLE V
GENERAL PROVISIONS CN
SECTION 5.01. METHOD OF COLLECTION 12 `N
SECTION 5.02, SEVERABILITY 12
SECTION 5.03. CONFLICTS 12
12 �'SECTION 5.04. EFFECTIVE DATE
APPENDICES:
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APPENDIX A: FORM OF NOTICE TO BE MAILED......................................... 13
APPENDIX B: FORM OF NOTICE TO BE PUBLISHED .................................. 15
APPENDIX C: LEGAL DESCRIPTION OF PARCELS
BY ASSESSMENT AREA........................................................... 17
APPENDIX D: LIST OF PARCELS BY ASSESSMENT AREA......................... 19
2 Packet Pg. 3211
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MONROE COUNTY, FLORIDA
RESOLUTION NO. 200 - 2019
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RELATING TO THE CANAL RESTORATION PROGRAM; U)
IMPOSING ANNUAL MAINTENANCE ASSESSMENTS U)
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FOR PROPERTIES LOCATED WITHIN THE MONROE M
COUNTY CANAL 266 MUNICIPAL SERVICE BENEFIT
UNIT; ESTABLISHING LEGISLATIVE FINDINGS
DETERMINING THAT SUCH REAL PROPERTY WILL
DERIVE A SPECIAL BENEFIT FROM THE CANAL CN
RESTORATION ACTIVITIES AND THE ONGOING
OPERATIONS AND MAINTENANCE THEREOF AND
THE REASONABLE APPORTIONMENT OF THE 0
ASSESSMENT; ESTABLISHING THE TERMS AND
CONDITIONS OF THE PROPOSED SPECIAL
ASSESSMENT, INCLUDING ADMINISTRATIVE AND
COLLECTION COSTS; ESTABLISHING THE AMOUNT
AND TERM OF THE ANNUAL CANAL OPERATIONS
AND OPERATION ASSESSMENT FOR EACH PARCEL
OF PROPERTY TO BE ASSESSED BASED ON THE
METHODOLOGY SET FORTH HEREIN; DIRECTING
PREPARATION OF THE ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING CN
THE PROVISION OF NOTICE THEREOF; AND
PROVIDING AN EFFECTIVE DATE. U
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ,
MONROE COUNTY, FLORIDA, AS FOLLOWS:
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ARTICLE I CN
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AUTHORITY, DEFINITIONS, LEGISLATIVE FINDINGS
2
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SECTION 1.01. AUTHORITY. This resolution is adopted pursuant to the
provisions of Article VIII, Section 1 of the Florida Constitution; Sections 125.01 and
125.66 of Florida Statutes, which grant to a board of county commissioners all
powers of local self-government to perform county functions and to render services
for county purposes in a manner not inconsistent with general law; Monroe County
Ordinance No. 021-2017 ("Ordinance") creating and establishing the Monroe
3 Packet Pg. 3212
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County Canals Municipal Service Benefit Unit ("MSBU"); and other applicable
provisions of law.
Section 1.02. DEFINITIONS. This resolution constitutes the Initial Assessment
Resolution as defined in the Ordinance. Any capitalized words and terms not defined
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herein shall have the meaning ascribed to such terms in the Ordinance. Unless the M
context indicates otherwise, words imparting the singular number including the C
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plural number, and vice versa. As used in this Resolution,the following terms shall
have the following meanings, unless the context hereof otherwise requires.
"Annual Maintenance Assessment" means the amount computed for each
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Parcel pursuant to Section 4.03 hereof.
"Assessment Area" means a geographic area created by this Resolution,
which is a sub-unit of an MSBU, containing properties that specially benefit from a
Local Improvement, service, facility or program. N
"Assessment Coordinator" means the person designated by the County to U
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be responsible for coordinating the Assessments, or such person's designee.
"Board" means the Board of County Commissioners of Monroe County,
Florida.
"Canal Improvements" means canal restoration activities performed
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within each of the canals within the MSBU as part of a Local Improvement as
defined in the Ordinance, including but not limited to organic removal, backfilling,
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installation of air curtains, and installation of culverts, or any combination thereof.
"County" means Monroe County, a political subdivision of the State of
Florida.
"County Administrator" means the chief executive officer of the County,
4 Packet Pg. 3213
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or such person's designee.
"Final Assessment Resolution" means the resolution described in Sections
3.02 and 3.06 of the Ordinance that imposes the Assessments within the Assessment
Area.
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"Fiscal Year" means the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as may U)
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be prescribed by law as the fiscal year for the County.
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"Government Property" means property owned by the United States of
America or any agency thereof, the State of Florida or any agency thereof, a county,
a special district or a municipal corporation.
"Local Improvement" means a capital improvement constructed or
installed by the County for the special benefit of a neighborhood or other local area,
for which special assessments are imposed pursuant to the Ordinance.
"Lot" means a building lot described on a map or plat recorded in the c
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County's Official Records on or prior to the effective date of the Final Assessment
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Resolution or any subsequent Annual Assessment Resolution. N
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"MSBU" means the Monroe County Canals Municipal Service Benefit Unit a
described in the Ordinance.
"Maintenance" or "Maintenance Activities" means the ongoing
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operations and maintenance of the canal improvements, including but not limited to
electrical service to operate air curtains and other electrical equipment, regular
upkeep, and minor repairs.
"Maintenance Assessment" means an annual special assessment imposed
against real property located within the MSBU to fund the Maintenance Activities,
5 Packet Pg. 3214
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and related expenses, computed in the manner described in Section 4.03 hereof.
"Maintenance Assessment Collection Cost" means the estimated cost to be
incurred by the County during any Fiscal Year in connection with the administration
of the Maintenance Assessment program and collection of the Maintenance
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Assessment, and shall consist of an internal administrative fee in the amount of five
percent(5%) of the Maintenance Costs; external consultant administrative fee; and a U)
commission paid to the Tax Collector, authorized per F.S. 192.091(2)(b), all
distributed on a per Tax Parcel basis.
"Maintenance Assessment Roll" means a non-ad valorem assessment roll
relating to the Maintenance Cost of the Maintenance Activities and related expenses.
"Maintenance Assessment Statutory Discount Amount" means the
amount computed for each Parcel pursuant to Section 4.03 hereof.
"Maintenance Cost" means all or any portion of the expenses that are
properly attributable to the Operations and Maintenance under generally accepted
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accounting principles, including,without limiting the generality of the foregoing, the
cost of ongoing operations and maintenance of the canal improvements, including N
but not limited to electrical service to operate air curtains and other electrical
equipment; repair and maintenance of the air curtain equipment, replacement of the
air curtain equipment;and similar services. "Maintenance Cost"is synonymous with
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"Service Cost" as defined in the Ordinance.
"Ordinance" means Monroe County Ordinance No. 021-2017, the Canal
Restoration Program Assessment Ordinance.
"Property Appraiser" means the Monroe County Property Appraiser.
6 Packet Pg. 3215
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"Tax Parcel" means a parcel of real property to which the Property
Appraiser has assigned a distinct ad valorem property tax identification number.
"Tax Roll" means the real property ad valorem tax assessment roll
maintained by the Property Appraiser for the purpose of the levy and collection of
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ad valorem taxes. M
"Uniform Assessment Collection Act" means Sections 197.3632 and
197.3635, Florida Statutes, or any successor statutes authorizing the collection of
non-ad valorem Assessments on the same bill as ad valorem taxes,and any applicable
regulations promulgated thereunder.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number,and vice versa. The
terms "hereof," "hereby," "herein,""hereto," "hereunder" and similar terms refer to
this Resolution; the term "hereafter" means after; and the term "heretofore" means
before, the effective date of this Resolution. Words of any gender include the U
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correlative words of the other gender, unless the sense indicates otherwise.
SECTION 1.03. FINDINGS. It is hereby ascertained, determined and
declared that:
(A) The Board of County Commissioners of Monroe County,Florida,has
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enacted the Ordinance in order to provide for the creation of a municipal service ..
benefit unit and to authorize the imposition of Assessments to fund the Maintenance
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of Local Improvements that serve and specially benefit the property located therein.
(B) The Canal Improvements constitute a Local Improvement, as defined
in the Ordinance, and Maintenance constitutes a related service.
(C) All properties within the Assessment Area that have received an air
7 Packet Pg. 3216
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curtain will require continued operation of the air curtain in order to maintain the
benefits achieved by these types of technology. All Lots and Tax Parcels within the
MSBU that have received any this technology will also benefit from Maintenance of
the Local Improvements. Without Maintenance of the Local Improvements, the
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gains achieved through improvement in water quality within the benefitted Lots and
Tax Parcels by the Canal Improvements will be lost. U)
(D) The Board desires to create the Assessment Area and to collect
Maintenance Assessments in order to fund Maintenance Costs.
(E) The Canal Improvement, and the related Maintenance Activities, U)
provide a special benefit to the properties located within the Assessment Area, by
protecting and enhancing their value,use and enjoyment;promoting health, welfare,
convenience and safety for all assessed property owners in the Assessment Area;
stabilization of or increase in property values; established and preserving water N
access to all properties within the Assessment Area; and improved appearance of the U
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Assessment Area.
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(F) The Board hereby finds and determines that the Assessments to be N
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imposed in accordance with this Resolution provide an equitable method of funding a
the Maintenance of the Local Improvements by fairly and reasonably allocating the
cost to specially benefitted property.
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(G) The Board hereby finds that each property within the proposed
MSBU will be benefited by the Maintenance of the Local Improvements in an
amount not less than the Assessment imposed against such property, computed in the
manner set forth in this Resolution.
(H) The Maintenance Assessment will be implemented to provide for
8 Packet Pg. 3217
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mandatory payment of the annual Maintenance Costs by all Tax Parcels within the
MSBU.
ARTICLE II
NOTICE AND PUBLIC HEARING E
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SECTION 2.01. PUBLIC HEARING. A public hearing will be conducted by the
Board at 1:30 P.M., or as soon thereafter as the matter can be heard, on August 21,
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2019,at the Harvey Government Center, 1200 Truman Avenue,2°d Floor,Key West,
Florida, 33040 to consider adoption of a Final Assessment Resolution that will (A)
create Assessment Areas, (B) impose Assessments, and (C) authorize collection of
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the Assessments pursuant to the Florida Uniform Assessment Collection Act.
SECTION 2.02. NOTICE BY PUBLICATION. Upon completion of the initial
Assessment Roll, the Assessment Coordinator shall publish a notice of the public
hearing on adoption of a Final Assessment Resolution as authorized by Section 2.01
hereof in the manner and the time provided in Section 3.04 of the Ordinance and
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Section 197.3632. Such notice shall be in substantially the form attached hereto as 0
Appendix A.
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SECTION 2.03. NOTICE BY MAIL. Upon completion of the initial Assessment
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Roll, the Assessment Coordinator shall, at the time and in the manner specified in
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Section 3.05 of the Ordinance, provide first class mailed notice of the public hearing
authorized by Section 2.01 hereof to each real property owner proposed to be
assessed at the address indicated on the Tax Roll. Such notice shall be mailed at least
twenty (20) days prior to the public hearing, in accordance with Section 197.3632,
F.S., and shall be in substantially the form attached hereto as Appendix B.
9 Packet Pg. 3218
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ARTICLE III
PROPOSED ASSESSMENT AREA
SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA.
(A) The Board proposes to create an assessment area for the Tax Parcels
more particularly described in Appendix C attached hereto. The assessment area(the
"Air Curtain Technology Assessment Area") shall consist of Tax Parcels shown in
Appendix C, on Canal 266 (Big Pine Key) and listed in Appendix D, Description of
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Parcels by Assessment Area. Each Tax Parcel has received the Local Improvements
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consisting of air curtain technology.
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(B) The Assessment Area is proposed for the purpose of funding
Maintenance Activities within the MSBU and for the purpose of improving the use
and enjoyment of property by funding the ongoing operations and maintenance of
the Local Improvements.
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ARTICLE IV
MAINTENANCE ASSESSMENTS U
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SECTION 4.01. ESTIMATED MAINTENANCE COST. The
estimated annual Maintenance Cost for the Tax Parcels within the Air Curtain N
Technology Assessment Area is $34,942.60 per Fiscal Year. This Maintenance
Cost will be funded through the imposition of Maintenance Assessments against
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real property located in the Air Curtain Technology Assessment Area in the manner
set forth in this article.
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SECTION 4.02. IMPOSITION OF MAINTENANCE ASSESSMENTS.
The Maintenance Assessments shall be imposed against all real property located
within the MSBU for each Fiscal Year and shall be computed in accordance with this
10 Packet Pg. 3219
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Article. The Maintenance Assessments shall be imposed for a period of twenty (20)
years. The first annual Maintenance Assessment will be included on the ad valorem
tax bill to be mailed in November 2019. When imposed, the Maintenance
Assessment for each Fiscal Year shall constitute a lien upon the Tax Parcels located U)
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in the MSBU,pursuant to the Ordinance. M
SECTION 4.03. COMPUTATION OF MAINTENANCE ASSESSMENTS.
(A) The annual Maintenance Assessments shall be computed for each N
Tax Parcel located in the MSBU by: adding the annual Maintenance Cost together
with the Collection Cost, plus a five per cent (5%) reserve for the under-collection
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of assessments due to the discount on annual property tax bills allowed for property
owners who pay prior to March 1 ("Maintenance Assessment Statutory Discount
Amount"). This sum is then divided by the sum by the total number of Tax Parcels
within the Assessment Area. The result is the portion of the Maintenance Costs
attributable to each Tax Parcels.
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(B) The above calculations shall be completed on an annual basis for
purposes of the Maintenance Assessments.
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SECTION 4.04. MAINTENANCE ASSESSMENT ROLL.
The Assessment Coordinator is hereby directed to prepare a final estimate of
the Maintenance Assessments and to prepare the initial Maintenance Assessment
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Roll in the manner provided in the Ordinance. The Assessment Coordinator shall
apportion the Maintenance Cost among the Tax Parcels of real property within the
MSBU and within each Assessment Area as reflected on the Tax Roll in conformity
with this Article. The estimate of Maintenance Cost and the Maintenance
11 Packet Pg. 3220
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Assessment Roll shall be maintained on file at the office of the Assessment
Coordinator and open to public inspection. The foregoing shall not be construed to
require that the Maintenance Assessment Roll be in printed form if the amount of
the Maintenance Assessment for each Tax Parcel can be determined by use of a
computer terminal available to the public.
ARTICLE V
GENERAL PROVISIONS
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SECTION 5.01. METHOD OF COLLECTION. The Assessments shall be
levied and collected pursuant to the Florida Uniform Assessment Collection Act,F.S.
197.3632 and 197.3635.
SECTION 5.02. SEVERABILITY. If any clause, section or provision of this
Resolution shall be declared unconstitutional or invalid for any reason or cause, the
remaining portion of said Resolution shall be in full force and effect and be valid as
if such invalid portion thereof had not been incorporated herein. U
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SECTION 5.03. CONFLICTS. All resolutions or parts thereof in conflict herewith
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are hereby repealed to the extent of such conflict.
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SECTION 5.04. EFFECTIVE DATE. This Resolution shall take effect N
immediately upon its adoption.
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12 Packet Pg. 3221
R.1.e
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 17th day of July 2019.
Mayor Sylvia Murphy Yes
Mayor Pro Tem. Danny Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner Michelle Coldiron Yes
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a Commissioner David Rice Yes
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+Nt^hyo T N
KEVIN MADOK, Clerk of Circuit BOARD OF COUNTY
Court and Ex-Officio Clerk to the COMMISSIONERS OF MONROE
Board of County Commissioners COUNTY, FLORIDA
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By: Deputy Clerk By:Aayorlvia Murphy
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r" MOICROE COUNTY ATTORNEY 0
APP O N j,!
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13 Packet Pg. 3222
APPEADIX A
F(")RM OF'NOTICTITO BE PUBLISHED
To fie flub fished on or betbre hily 31,2019
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NOTIC'E OF INTENTION TO CONSIDER ADOPTION OF 0
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COUNTY FINAL ASSESSMEINT RE'SOLUTION U)
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NOTICE IS HERFIBY CIVEN ]'0 W110M I I' MAY CONC71"RN that on August 21,2019,at 1.30 es
p.m. or as scion thereafter as may be heard,at the 14arvey Government Center, 12001'ruman Aveime, CL
2"" Floor, Key West, FL 33040,the Board ofCounty(,"onlinissioners of'Monroe County, Ilorida, will hold a U)
public hearing to consider approva I ot"Ifie fbHowing("ourily restflufion: CN
Monroe County, Florida
('anal Restoration Pro grain
Finals e Assessment Rsolution .2
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A REISOLUTION OF THE BOARD C OFOUNTY COMMISSIONERSOF NIONROE U)
COUNTY, FLORIDA, RELATING T( THE CANAL, RUSTORATION PROGRAM;
IMPOSING ANNUAL MAINTENANCE ASSESSMENTS FOR PROPER"HES
LOCATED WITHIN THE CANAL RESTORATION MUNICIPAL SERVICE
BFNEIAT UNIT; APPROVING' THE NON-AD VALOREM ASSESSMENT ROLL;
PROVIDING' FOR COLLECTION OF MAINTENANCE ASSESSMENTS; AND
PRO VIDINC:s AN EFFECTIVE DATE. X
The figure below depicts ihe Assessrilent Areas witflin the Canai Restoration Municipal Service flenefit t Jilit
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subJect to 1he assessnlents:
Canal Restoratio Un-#266 L-
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Canal 266 134, Pine Key, FL,
The public hearing is being held for 0ic purpose oh-eceiving pubiic comment oil the proposed assessmenIs and
Collcuion of the assessincrit on the ad valorem lax hils. ,All dfcded property owners have the ripht (o appicar
and 11,rovide input at tile fic"irim" and may file written obl cctions with the Counly Adininistrator at any little
prior to 0ie public inecling or Avithin twenty(20)clays f'ollowing publication ofihis notice, whichever is greater.
Mac Assessinents luwe been proposed to fund ongoing,, anrival maimenance costs I'm the canals, including but
14 1 Packet Pg. 3223
R.1.e
not limited to cost of electricity to run air curtains, vegetation removal and related services. The assessment
for each parcel of property will be based upon the number of Tax Parcels in the Assessment Area. A more
specific description is set forth in the Initial Assessment Resolution adopted by the Board of County
Commissioners on July 17,2019. Copies of the Initial Assessment Resolution,the plans and specifications for
the Maintenance Activities,and the initial Assessment Rolls are available for inspection at the Monroe County
Administrator's Office, 1100 Simonton St., Suite 2-268, Key West Florida 33040, between the hours of 8:00
a.m.and 4:30 p.m.,Monday through Friday. E
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The annual assessment rates are: U)
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$1,247.95 per Tax Parcel in the Air Curtain Technology Assessment Area M
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The assessments will be collected on the ad valorem tax bill, commencing with the tax bill to be mailed inCL
November 2019,as authorized by Section 197.3632,Florida Statutes. Failure to pay the assessments will cause U)
a tax certificate to be issued against the real property which may result in a loss of title. CN
If you have any questions,please contact Rhonda Haag at(305)453-8775 Monday through Friday between
8:00 a.m. and 4:30 p.m.
Pursuant to Section 286.0105,F.S., if a person decides to appeal any decision made by the Board with respect
to any matter considered at the hearing, such person will need a record of the proceedings and may need to
ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be
made. °
ADA Assistance: In accordance with the Americans with Disabilities Act, any person needing a special
accommodation or an interpreter to participate in this proceeding should contact the County Administrator's
office at(305)292-4441,between the hours of 8:30 a.m. and 5:00 p.m.,no later than five(5)days prior to the
date of the hearing. If you are hearing or voice impaired,call `71 L'
(SEAL) KEVIN MADOK,Clerk of the Circuit Court and ex officio C"
Clerk of the Board of County Commissioners of Monroe
County,Florida U
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Publication as display ad with border on the following dates: _
Reporter s
Keynoter
KW Citizen
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15 Packet Pg. 3224
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APPENDIX B
FORM OF FIRST CLASS NOTICE TO BE MAILED
Monroe County E
y a Board of County Commissioners
Sustainability Department ? , ;s U)
Mayor Sylvia Murphy, Dist. 5
102050 Overseas Hwy., #246 _�_ Mayor Pro Tem Danny Kolhage, Dist.
Key Largo, FL 33037 Michelle Coldiron, Dist. 2
Heather Carruthers, Dist. 3
David Rice, Dist. 4
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July_,2019
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«OwnerName1»
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«OwnerName2»
«OwnerAdd1» AK#:
«OwnerAdd2»
«City» «State» «Zip» ((COUNTRY)) Sequence Number: S12-«SegNum»
Notice Date: July 31, 2019
Re: Notice of Proposed Maintenance Special Assessment for Canal 266 Air Curtain
Canal Restoration Program
Dear Property Owner:
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A municipal service benefit unit is being created to fund assessments for operation and maintenance costs
related to certain canal restoration activities in your area. The operation and maintenance work is necessary
in order to maintain the water quality improvement that has already been achieved on the canals. The type
of operation and maintenance work that is necessary depends on the type of canal restoration technology 4-
that was used in each canal. The assessment for each parcel of property is based on the cost of the operations
and maintenance and the number of Tax Parcels on each canal. A more specific description of the assessment ,
program is set forth in the Initial Assessment Resolution adopted by the County Commission on April 17,2019.
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Information regarding the assessment for your specific property is shown below.
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Monroe County created the Monroe County Canals Municipal Service Benefit Unit to impose special C
assessments to fund ongoing operations and maintenance costs for those canals in the canal restoration
program. The maintenance assessments will be collected on the ad valorem tax bill commencing with the tax
bill to be mailed in November 2019, as authorized by Section 197.3632, Florida Statutes. Failure to pay the
assessments will cause a tax certificate to be issued against the real property, which may result in a loss of
title.
A more specific description of the improvements and the method of computing the assessment for each
parcel of real property are set forth in the Initial Assessment Resolution adopted by the Board of County
Commissioners on July 17, 2019. Copies of the Canal Restoration Program Assessment Ordinance,the Initial
Assessment Resolution (including an explanation of the assessment methodology)and the initial Assessment
Roll are available for inspection at the Monroe County Administrator's Office,1100 Simonton St.,#2-268, Key
West Florida 33040 between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. Information
regarding the assessment for your specific real property is attached to this letter.
The proposed assessments are based on the total overall future maintenance cost,divided by the number
of Tax Parcels on the canal. The annual assessment for each Tax Parcel will include its share of annual
16 Packet Pg. 3225
. R.1.e
collection costs. An amount is also added to cover the statutory discount applicable to early payment of ad
valorem taxes and special assessments.
The total number of Tax Parcels attributable to the above tax parcel is: 28
The estimated Annual Maintenance Assessment for the above parcel is $1,247.95, which translates to
$104.00 per Tax Parcel per month.
The estimated total revenue to be collected for the Air Curtain Technology Assessment Area is 34,943 per Fiscal U)
Year.
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You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for August 21, 76
2019 at 1:30 p.m.at the Harvey Government Building at 1200 Truman Avenue,2nd Floor, Key West, FL 33040.
The Final Assessment Resolution will be available in the agenda packet for the hearing, to be published at U)
www.monroecounty-fl.gov/agendacenter on August 6, 2019. All affected property owners have a right to
appear at the hearing and to file written objections with the County Administrator any time prior to the public cN
hearing. If you decide to appeal any decision made by the County Commission with respect to any matter
considered at the hearing,you will need a record of the proceedings and may need to ensure that a verbatim U
record is made, including the testimony and evidence upon which the appeal is to be made. C
0
In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs special
accommodations to participate in this proceeding, please contact the County Administrator at (305) 292-
4441,between the hours of 8:30 a.m.—5:00 p.m., no later than fine(5)calendar days prior to the date of the
hearing. If you are hearing or voice impaired, call "711".
Questions regarding your assessment and the process for collection may be directed to the Monroe County
Sustainability Department at(305)453-8774, Monday through Friday between 8:00 a.m.and 4:30 p.m.
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MONROE COUNTY, FLORIDA
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APPENDIX C
LEGAL DESCRIPTION OF PARCELS IN ASSESSMENT AREA
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Cana1266 Those lots lying on Big Pine Key,"FL adjacent to Canal 266,
lying in the portion of unincorporated Monroe County bounded
on the north by Baileys Lane, on the west by Matthew Rd., on U)
the south by Witters Lane, and on the east by the Gulf of
Mexico. N
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18 Packet Pg. 3227
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APPENDIX D
DESCRIPTION OF PARCELS BY ASSESSMENT AREA
The Air Curtain Technology Assessment Area shall consist of the following
properties located in the unincorporated area of Monroe County, Florida, on Canal
266, as identified by the parcel identification number provided by the Monroe U)
County Properly Appraiser. M
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Alt Key RE# Owner Name Parcels Assessment U)
1382396 00310280-000000 ANDRE DEVELOPMENT INC 1-0 $1,247.95
1382400 00310290-000000 LANG MICHAEL 1-0 $1,247.95 N
1382442 00310330-000000 DONOHUE KEVIN T 1-0 $1,247-95
1382451 00310340-000000 DONOHUE KEVIN T 1-0 $1,247-95
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1382469 00310350-000000 SCIABARASSI ALFRED 1-0 $1,247-95
1382485 00310370-000000 STONE LIVING TRUST 1/7/1997 1.0 $1,247.95
1382493 00310380-000000 STONE LIVING TRUST 1/7/1997 1.0 $1,247-95
0
1382507 00310390-000000 KESSEL LINDA 1.0 $1,247-95
1382523 00310410-000000 CLARK SHARON L 1.0 $1,247-95
1382540 00310430-000000 A-1 FINANCIAL SERVICES INC 1.0 $1,247.95
1382566 00310450-000000 REISNER MICHAEL D AND SHERYL L 1.0 $1,247-95
1382591 00310480-000000 ALESI DENISE M LIVING TRUST 6/28/2012 1.0 $1,247-95
1382604 00310490-000000 SHEARIN JERRY N 1.0 $1,247-95
1382612 00310500-000000 DAVEYJOHN 10 $1,247-95
1382621 00310510-000000 MILLER JAMES M 1-0 $1,247-95 CL
1382639 00310520-000000 MILLER JAMES M 1.0 $1,247.95
1382647 00310540-000000 DIMARCO EVELYN H/W 1.0 $1,247-95
1382698 00310590-000000 WEINBERG LAWRENCE REV TR 4/6/1996 1-0 $1,247.95 CN
1382710 00310610-000000 BAILEY SHARON S 1.0 $1,247-95
1382736 00310630-000000 SACKETT JOELLE 1-0 $1,247-95 U
1382744 00310640-000000 MOSS ROBERT F 1-0 $1,247-95 L-
1382761 00310660-000000 REESEJR WILLIAM KENTON LO $1,247-95
1382779 00310670-000000 ARNOLD FAMILY INT VIV TRUST 3/7/1999 1-0 $1,247.95 _
1382787 00310680-000000 SHIREY PATRICK 1.0 $1,247-95
1382795 00310690-000000 CASEYJR RICHARD C 1.0 $1,247-95
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1382809 00310700-000000 SEVOR JEFFREYJ AND SUSAN 1-0 $1,247-95
1382817 00310710-000000 RUGGIANO GEORGE W AND PATRICIA L 1-0 $1,247-95
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1382833 00310730-000000 LEIEUNE LARRY W 1-0 $1,247.95
Total 28.0 $34,942.60 O
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MONROE COUNTY, FLORIDA
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MONROE COUNTY CANAL RESTORATION
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OPERATIONS AND MAINTENANCE SERVICES
ASSESSMENT PROGRAM
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FINAL ASSESSMENT RESOLUTION
CANAL 266 cN
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ADOPTED AUGUST 21, 2019
Packet Pg. 3229
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TABLE OF CONTENTS
PAGE
SECTION 1. AUTHORITY..................................................................................4
SECTION 2. DEFINITIONS................................................................................4
SECTION 3. CREATION OF ASSESSMENT AREA........................................4 �.
SECTION 4. INITIAL ASSESSMENT RESOLUTION AMENDED.................5
SECTION 5. CONFIRMATION OF E
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INITIAL ASSESSMENT RESOLUTION AMENDED.................5 0
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SECTION 6. APPROVAL OF ASSESSMENT ROLL........................................5
SECTION 7. ASSESSMENTS.............................................................................5
SECTION 8. COLLECTION OF ASSESSMENTS.............................................5
SECTION 9. EFFECT OF FINAL ASSESSMENT RESOLUTION...................6 U)
SECTION 10. ASSESSMENT NOTICE................................................................6
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SECTION 11. PREPAYMENT NOTICE...............................................................7
SECTION 12. SEVERABILITY ............................................................................7
SECTION 13. EFFECTIVE DATE........................................................................7
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APPENDICES:
APPENDIX A: PROOF OF PUBLICATION..........................................................9
APPENDIX B: AFFIDAVIT OF MAILING ......................................................... 16
APPENDIX C: ASSESSMENT ROLL..................................................................21
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-2- Packet Pg. 3230
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MONROE COUNTY, FLORIDA
RESOLUTION NO. 229 -2019
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RELATING TO THE CANAL RESTORATION PROGRAM; U)
IMPOSING ANNUAL MAINTENANCE ASSESSMENTS FOR 0
PROPERTIES LOCATED WITHIN THE CANAL M
RESTORATION MUNICIPAL SERVICE BENEFIT UNIT;
APPROVING THE NON-AD VALOREM ASSESSMENT
ROLL; PROVIDING FOR COLLECTION OF MAINTENANCE U)
ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 18, 2017, the Board of County Commissioners
("Board") of Monroe County, Florida adopted Ordinance No 021-2017
0
("Ordinance"), creating and establishing a Monroe County Canals Municipal '
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Service Unit ("MSBU") to finance canal restoration work and authorizing the
imposition and collection of non-ad valorem assessments within the MSBU for the
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enumerated purposes within the Ordinance; and
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WHEREAS, on July 17,2017,the Board adopted Resolution No. 200-2019,
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the Initial Assessment Resolution,imposing annual maintenance assessments for an 0
Assessment Area consisting of properties located on Canal 266 within the MSBU
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according to the legal description set forth within Appendix C to the Initial
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Assessment Resolution and applicable to the parcels identified in Appendix D to the
Initial Assessment Resolution, directing preparation of the tentative Assessment 0
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Roll, and further directing provision of mailed and published notice in accordance
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with the Ordinance; and
WHEREAS, in accordance with the provisions of the Ordinance, the
County is required to confirm, modify or repeal the Initial Assessment Resolution
with such amendments as the Board deems appropriate, after hearing comments and
receiving objections of all interested parties; and
-3- Packet Pg. 3231
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WHEREAS,the Assessment Roll has been prepared and is available within
the Office of the County Administrator, as required by the Ordinance; and
WHEREAS, as required by the terms of the Ordinance, notice of a public
hearing has been published and mailed to each property owner proposed to be E
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assessed notifying such property owner of the opportunity to be heard; the proof of
publication and an affidavit of mailing are attached hereto as Appendices A and B
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respectively; and
WHEREAS, a public hearing was held on August 21, 2019, and comments
and objections of all interested persons have been heard and considered as required
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by the terms of the Ordinance. 0
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the
Ordinance, the Initial Assessment Resolution as amended herein, Chapter 125 of the
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Florida Statutes, Article VIII section 1 of the Florida Constitution, and other
applicable provisions of law. '
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SECTION 2. DEFINITIONS. This Resolution is the Final
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Assessment Resolution. All capitalized terms shall have the meanings defined in the
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Ordinance and the Initial Assessment Resolution.
SECTION 3. CREATION OF ASSESSMENT AREA. The Air Curtain
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Technology Assessment Area is hereby created, to consist of the Tax Parcels shown
on Appendix C (Legal Description of Parcels in Assessment Area) and listed in
Appendix D (Description of Parcels by Assessment Area) to the Initial Assessment
Resolution.
-4- Packet Pg. 3232
R.1.g
SECTION 4. INITIAL ASSESSMENT RESOLUTION AMENDED.
A. The Assessment Roll shown in Appendix D to the Initial Assessment
Resolution is modified slightly to reflect the sale of one property. The revised
Assessment Roll is shown in Appendix C to this Resolution. E
B. A sub-paragraph(C)is added to Section 4.03 of the Initial Assessment U)
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Resolution, to read as follows: "The Tax Parcels on which the Maintenance
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Assessment will be imposed is the list of parcels within the Assessment Area, in W
existence as of January 1, 2019."
SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT
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RESOLUTION. The Initial Assessment Resolution, as amended, modified and '
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supplemented herein, is hereby confirmed.
SECTION 6. APPROVAL OF ASSESSMENT ROLL. The Assessment
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Roll, a copy of which is attached hereto as Appendix C, is hereby approved.
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SECTION 7. ASSESSMENTS.
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A. The Tax Parcels described in the Assessment Roll are found to be 0
specially benefited by the Canal Improvement and Maintenance Activities in the
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amount of the Maintenance Assessment set forth in the Assessment Roll. The
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methodology set forth in Article IV of the Initial Assessment Resolution, as amended
herein, for computing the Maintenance Assessments is hereby approved and found 0
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to be a fair and reasonable method of apportioning the Maintenance Costs among
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the benefited properties within the Assessment Area.
B. The Maintenance Assessments computed in the manner set forth in
the Initial Assessment Resolution, as amended herein, are hereby levied and imposed
on all Tax Parcels described in the Assessment Roll as set forth herein.
C. The maximum amount of assessment that may be collected pursuant
-5- Packet Pg. 3233
R.1.g
to this Resolution is $104.00 per parcel per month, or $1,247.95 per parcel per year.
D. Upon adoption by this Final Assessment Resolution, the Maintenance
Assessments shall constitute a lien against the assessed property equal in rank and
dignity with the liens of all state, county, district or municipal taxes and other non- E
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ad valorem assessments. Except as otherwise provided by law, such lien shall be U)
superior in dignity to all other liens, titles and claims until paid. The lien shall be
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deemed perfected upon adoption by the Board of this Final Assessment Resolution W
and shall attach to the property included on the Assessment Roll as of the prior
January 1, the lien date for ad valorem taxes.
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SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments '
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shall be collected pursuant to the Florida Uniform Assessment Collection Act
("Act"). Upon adoption of this Final Assessment Resolution, the County
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Administrator shall cause the certification and delivery of the Assessment Roll to the
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Tax Collector by no later than September 15, in the manner prescribed by the Act.
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SECTON 9. EFFECT OF FINAL ASSESSMENT RESOLUTION. The 0
adoption of this Final Assessment Resolution shall be the final adjudication of the
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issues presented herein and in the Initial Assessment Resolution, as amended herein N
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(including, but not limited to, the method by which the Maintenance Assessments
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will be computed, the Assessment Roll, the maximum annual Maintenance 0
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Assessment, the levy and lien of the Assessments and the terms for prepayment of
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the Assessments)unless proper steps are initiated in a court of competent jurisdiction
to secure relief within twenty (20) days from the date of Board action on this Final
Assessment Resolution.
SECTION 10. ASSESSMENT RESOLUTION. The County
Administrator is hereby directed to record this Resolution as notice of Assessments
-6- Packet Pg. 3234
R.1.g
in the Official Records of the Monroe County Clerk of Courts. The preliminary
Assessment Roll shall be retained by the County Administrator and shall be available
for public inspection.
SECTION 11. PREPAYMENT. Pursuant to Section 197.3632(8)(b), E
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within thirty (30) days following the hearing on this Final Assessment Resolution,
any person having any right, title, or interest in any parcel against which an
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assessment has been levied may elect to prepay the same in whole. The amount of W
the assessment so prepaid shall be the full amount levied over the term of the
assessment program, without financing costs or administrative costs. For further
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information, contact(305) 453-8774. '
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SECTION 12. SEVERABILITY. If any clause, section or provision of this
Resolution shall be declared unconstitutional or invalid for any reason or cause, the
remaining portion of said Resolution shall remain in full force and effect and shall
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be valid as if such invalid portion thereof had not been incorporated herein.
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SECTION 13. EFFECTIVE DATE. This Resolution shall take effect 0
immediately upon its adoption.
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-7- Packet Pg. 3235
R.1.g
PASSED AND ADOPTED by the Monroe County Board of County
Commissioners at a regular meeting of said Board held on 2 1'day of August 2019.
Mayor Sylvia Murphy Yes
Mayor Pro Tem Danny Kolhage Yes
Commissioner Heather Carruthers Yes
t)
�r Commissioner David Rice Yes
Commissioner Michelle Coldiron YPG
ST: BOARD OF COUNTY
••� IN MADOK, Clerk of Circuit COMMISSIONERS OF MONROE
•'�`°^__��'" •ourt and Ex-Officio Clerk to the COUNTY, FLORIDA
Board of County Commissioners
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By: Deputy Clerk
By: Ma or Sylvia Murphy
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APPROVED AS TO FORM:
MONROE COUNTY ATTORNEYS OFFICE L-
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'Digitally signed by Cynthia
t I Hall
DN:am=Cynthla L Hall,
o=Monroe County BOCC,ou, LL
�• 'email=hall-
Cynthia@monroecounty- (Q. �' --
Date:2019.08.2609:01:50 :-cl:�' Moo F'T` C1
-04'00' C:)('7': - N
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Assistant County Attorney M::<! � � C
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Packet Pg. 3236
APPENDIX A
PROOF OF PUBLICATION
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iifficrHZEN
The Florida Keys Only Daily Newspaper, Est. 176
PO Box 1800,Key West FL 33041
P (305)292-7777 ext 219 F(305)295-8025
legais@keysnews.com
MONROE CO ADMIN/BOCC
THE HISTORICBUILDING
1100 SIMONTONSUITE
KEY WEST FL 33040 U)
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Account: 1331 Ticket: 304023 U)
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PUBLISHER'SI I cs
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STATE I f I.t
COUNTY OF MONROE
efo the ndo
ersi7 authority personally appeared
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who on oath says that he or she is
of the Key West Citizen,a daily o
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newspaper pubtis a in Ke est,in Monroe County, Florida®that the attached
py of advertisment,being egal notice in the matter of was published in said
newspaper in the issues of:
Wednesday,July 2 ,2019
Affrant further says that the Key West Citizen is a newspaper published in Key
West,in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day,and
has been entered as periodicals matter at the post office in Key West,in said c14
Monroe County, Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement,and affi nt further says that he or she has U
neither paid nor promised any person,firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for u lica- -
tion in the s 's newsa~er.
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(KignaturVofAffiant)
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A 7ZI su d fore me this th day of July 01 ��
065tariPublic ° nature
(Notary u lic Printed Name) (Notary Seal)
y commission expires
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Personally Known Produced Identification
Type of Identification Produced Sue�nn Stamper
® EXPIRES.
out Bonded Ulm Aaron Notary
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Packet Pg. 3238
NOTICE OF INTENTION
T6 CONSIDER R.1.g
ADOPTION'OF COUNTY
FINAL ASSESSMENT
RESOLUTION
.NOTICE IS HEREBY OWN M WHOM IT MAY CONCERN that an
Aopwt2ln 2019,at "p.rrl.oTr Boon Dxroaftarastrhay ba"Fo ,
'el tlx Nwsy OovarrhrhharhtCarnta,�7a00 Thnnxn Avanhna,2nd Fioor,
,Kay Waal FL 3304q me BoaW d Camtr Ccram�lonara d Morwa
may,Stands."�H hold a plldo hexing m canukda u1pp10VN of
tuna
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Moraoa Coudy,Florida
Final A ssmarf.tlo rRe ofM tlon A ',RESOLUTION OF THE:BOARD OF COUNTY....
COMM18810NETtS OF MONROE COUNTY,.FLORiDA,
RBL/1TN6 TO THErOlWI1L:RESTOiIATIOFI:PROORAI�
IMPOSMa"NINNWL'".:%MIYIRENANCE%fiA88F8SM�li6x �
FOR 2PROPERTIES,sLOCATED,WITHIN THE CANAL
RESTORATION,NKRECIPAL SERVICE,::ESNMT..'UNIT,
APPROVING,7HE,4Ory-AD`.VALOREM ASSESSMENT
.:ROLL;PROIRDIIM POR COLLECTION OF MAINTENANCE U)
ASSESSMENTS;AND PROVIDING AN F.FPBCTNE DATE U)
.,The Igaao b11*d4+Hm tx ad Aaaaa wtltn.the Cana U)
'Rea«ea Muaktxl,Iaw,a Baxnt tkx eul m the U)
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The pWta;Ixa6N!b bakp t7ald•farltha�nM�ec4oQfoaw Public
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ass
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written objections with tha COUFOY ,to the si my tIM pdU
public masking orwhtdn,t !Rol I hD Publication or a," 0
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•rthWdenahca coils law the censia,khcNxllrh0 but thou hmftal4a gnat d
eleoh5oty toituh.4 asr)skxd yngetatbVl mniavnl aW relmeda - aka+
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fa od Mrt lq the lydtW Rmoludon adopted
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tux Irdtld A�maanalt�,the plan,end epadtc"Itlape tx� twokt�AdWitlea,endteh>ItIN AuaeemeM Racy arsawaI&Iafor
1,loo xobon M the Maeda County Adminietmtoes Otke,.1100 Simonton
St.,Sudo 2,203.Key Mat Flaida 33040,batwmn this b m of tdxl �
mM 4'30 p.m:,MaWay th-0 Friday.
'TM aew1Y aum..m hates at:
,S1247B5 per Tax Panel o H. tides "s
Themeoemhhahls ion w�a, dantf—dvaWran azbtl,eanmenaaW!
with the too bill to bematad In NtyMPbw2019;m aulhat od by Sactlaa
197.'W2,Sorkin Solutes.Fdm to pay the asomauna to will cause
"a W mraf sate to be wkwt Ma nal w pwW which may neat'... N
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If you Save awry ..please eontoot VtxaM Hoop at )453-
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Phaaumt to Section 2SM0105.F.S.,if a pexan decides to appeal arty" L)
clacialon male by the Bond with respect to any nand considered at'.....
the haakp.—h person will mead a uacord of tx pmoadkps arW may 0
mad to snore that a veeMi t ra m d Is made,Irwkiding the f"oony
.andewideace upon which the appeal w to be made.
ADA :In doconclance with"Antaricam with DitaWTlrm
Act,any paacn needing a special a b on oton".Io
pahiolpate o lids N'Fxt confa+:t tlx Cony
bites el )2g2-4449, tx boom dSMa.m:afW Stb p.m,.
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NOTICE OF INTENTION
Td CONSIDER R.1.g
ADOPTION'OF COUNTY
FINAL ASSESSMENT
RESOLUTION
.NOTICE IS HEREBY OWN M WHOM IT MAY CONCERN that an
Aopwt2ln 2019,at "p.rrl.oTr Boon Dxroaftarastrhay ba"Ford,
'el tlx Nwsy OovarrhrhharhtCarnta,�7a00 Thnnxn Avanhna,2nd Fioor,
,Kay Waal FL 3304q me BoaW d Camtr Ccram�lonara d Morwa
may,Stands."�H hold a plldo hexing m canukda u1pp10VN of
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Moraoa Coudy,Florida
Final A ssmarf.tlo rRe ofM tlon A ',RESOLUTION OF THE:BOARD OF COUNTY....
COMM18810NETtS OF MONROE COUNTY,.FLORiDA,
RBL/1TN6 TO THErOlWI1L:RESTOiIATIOFI:PROORAI�
IMPOSMa"NINNWL'".:%MIYIRENANCE%fiA88F8SM�li6x �
FOR 2PROPERTIES,sLOCATED,WITHIN THE CANAL
RESTORATION,NKRECIPAL SERVICE,::ESNMT..'UNIT,
APPROVING,7HE,4Ory-AD`.VALOREM ASSESSMENT
.:ROLL;PROIRDIIM POR COLLECTION OF MAINTENANCE U)
ASSESSMENTS;AND PROVIDING AN F.FPBCTNE DATE U)
.,The Igaao b11*d4+Hm tx ad Aaaaa wtltn.the Cana U)
'Rea«ea Muaktxl,Iaw,a Baxnt tkx eul m the U)
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Canll 211S ;„ ,Bk Pkw Key,Fl.
The pWta;Ixa6N!b bakp t7ald•farltha�nM�ec4oQfoaw Public
•.,akw���"I�a4� "; PurPaaa'mIop ny"adwnef;;.
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.:hone the rant to aid pwkl®"Put at tlrp h"ft.arKd nray fib.
written objections with tha COUFOY ,to the si my tIM pdU
public masking orwhtdn,t !Rol I hD Publication or a," 0
'.Made,whkW~I.gnwtkr
.The Amosoarnanis hare,been•. to find" .,annual i
•rthWdenahca coils law the censia,khcNxllrh0 but thou hmftal4a gnat d
eleoh5oty toituh.4 asr)skxd yngetatbVl mniavnl aW relmeda - aka+
Tux, for wth p of ppropaio$will be 6ened uP�ah
-fha remhar oP'Itx M tlro 'Arm.'A rmre spsdlb
fa od Mrt lq the lydtW Rmoludon adopted
;by III.Baba"of Cc unty:C",, ' m July 17,2015:Cpplee.1
tux Irdtld A�maanalt�,the plan,end epadtc"Itlape tx� twokt�AdWitlea,endteh>ItIN AuaeemeM Racy arsawaI&Iofor
1,loo xobon M the Maeda County Adminietmtoes Otke,.1100 Simonton
St.,Sudo 2,203.Key Mat Flaida 33040,batwmn this b m of tdxl �
mM 4'30 p.m:,MaWay th-0 Friday.
'TM aew1Y aum..m hates at:
,S1247B5 per Tax Panel o H. tides "s
Themeoemhhahls ion w�a, dantf—dvaWran azbtl,eanmenaaW!
with the too bill to bematad In NtyMPbw2019;m aulhat od by Sactlaa
197.'W2,Sorkin Solutes.Fdm to pay the asomauna to will cause
"a W mraf sate to be wkwt Ma nal w pwW which may neat'... N
,kl a ose of mia.
If you Save awry ..please eontoot VtxaM Hoop at )453-
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MaW.y tuna my Friday belwmn 9dn a.m.and 4.W pm." p(�q
Phaaumt to Section 2SM0105.F.S.,if a pexan decides to appeal arty" L)
clacialon male by the Bond with respect to any nand considered at'.....
t e hsakV.auh person will mead a uacord of tx pmoadkps arW may 0
mad to snore that a veeMi t ra m d Is made,Irwkiding the f"oony
.andewideace upon which the appeal w to be made.
ADA :In doconclance with"Antaricam with DitaWTlrm
Act,any paacn needing a special a b on oton".Io
pahiolpate o lids N'Fxt confa+:t tlx Cony
bites el )2g2-4449, tx boom dSMa.m:afW Stb p.m,.
no ilia tan,mre Wry doya'imim to the date of)tale heann9. t you m
thmrog o wowI pw d .N 711:
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I6EVIN h4ADOK Clerk of the Ckauit Coat and an aA7kkr Clark of:the Board ofCamty D¢anml+m of Macon County,Fta69a �J N
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Marathon-Sunshine Key-Big Pine Key-No Name Key-Little,Middle&Big Torch Key-Ramrod Key-Summerland Key-Cudjoe Key-Sugarloaf Key
30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043 E
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Phone: 305-872-0106 Fax: 305-515-2939 U)
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AFFIDAVIT OF PUBLICATION M
STATE OF FLORIDA U)
COUNTY OF MONROE
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Before the undersigned authority personally appeared Steve Estes,-who-on-oath-says-that-he-is-the---
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PdbIith_e_rF_f6_rt e News-Barometer, a weekly newspaper published each Friday in Big Pine Key, a
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Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter
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of: 0
LEGAL NOTICE: PUBLIC HEARING CANAL 266 ASSESSMENT: MONROE COUNTY
SUSTAINABILITY & PROJECTS, 102050 OVERSEAS HIGHWAY, SUITE 246, KEY LARGO, FL
33037
was published in said newspaper in the issue(s) of:
JULY 26, 2019
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Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in a
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said Monroe County, Florida and that said newspaper has heretofore been continuously published in L")
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said Monroe County, Florida each week and has been entered as first-class mail matter at the post 4-
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office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding the first <
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publication of the attached copy of advertisement; and affiant further says that she has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur-
p-o
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s e-of-ser.uring this advertisement for publication in-said newspaper.
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Signature of Affiant 0
Svqrn and subs"ed before me this 26th day of JULY, 20
V
Signature of Notary Printed Name of Notary'
Expires
Personally Known Produced Identification
Type of Identification Produced
VANESSA HEDRICK
-14- my commISSION 4 G024158
(9 EXPIRES October 06, Packet
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as soon thereafter as may be heard,at the Harvey t,overnua
West,FL 33040,the Board of County Commissioners ofMonroe County,Florida,will hold a public cane R.1.9
approval of the following County resolution:
Monroe County,Florida
Canal Restoration Program
Final Assessment Resolution
y A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, RELATING TO THE CANAL RESTORATION PROGRAM;
t IMPOSING ANNUAL MAINTENANCE ASSESSMENTS FOR PROPERTIES LOCATED
WITHIN THE CANAL RESTORATION MUNICIPAL SERVICE BENEFIT UNIT;
APPROVING THE NON-AD VALOREM ASSESSMENT ROLL; PROVIDING FOR
COLLECTION OF MAINTENANCE ASSESSMENTS;AND PROVIDING AN EFFECTIVE
DATE.
The figure below depicts the Assessment Areas Within the Canal Restoration Municipal Service Benefit Unit subject to
the assessments: U)
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Canal Restaration-#266
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Cana1266 Big Pine Key,FL
The public hearing is being held for the purpose of receiving public comment on the proposed assessments and collection
of the assessment on the ad valorem tax bills. All affected property owners have the right to appear and provide input
at the hearing,and may file written objections with the County Administrator at any time prior to the public meeting or
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within twenty(20)days following publication of this notice,whichever is greater.
The Assessments have been proposed to fund ongoing annual maintenance costs for the canals,including but not limited t14
to cost of electricity to run air curtains,vegetation removal and related services. The assessment for each parcel of 76
property will be based upon the number of Tax Parcels in the Assessment Area. Amore specific description is set forth
in the initial Assessment Resolution adopted by the Board-of County Commissioners on July 17,2019. Copies of the U
Initial Assessment Resolution,the plans and specifications for the Maintenance Activities,and the initial Assessment L_
Rolls are available for inspection at the Monroe County Administrator's Office, 1100 Simonton St.,Suite 2-268,Key
West Florida 33040,between the hours of 8:00 a.m.and 4:30 p.m.,Monday through Friday.
The annual assessment rates are: s
$1,247.95 per Tax Parcel in the Assessment Area
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The assessments will be collected on the ad valorem tax bill,commencing with the tax bill to be mailed in November 0)
2019,as authorized by Section 197.3632,Florida Statutes. Failure to pay the assessments will cause a tax certificate to N
be issued against the real property which may result in a loss oftitle. a
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If you have any questions,please contact Rhonda Haag at(305)453-8775 Monday through Friday between 8:00 a.m.
and 4:30 p.m. 6
Pursuant to Section 296.0105,F.S.,if a person decides to appeal any decision made by the Board with respect to any
matter considered at the hearing,such person will need a record of the proceedings and may need to ensure that a
verbatim record is made,including the testimony and evidence upon which the appeal is to be made. G2
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ADA Assistance: In accordance with the Americans with Disabilities Act,any person needing a special accommodation
or an interpreter to participate in this proceeding should contact the County Administrator's office at(305)292-4441,
between the hours of 8:30 a.m.and 5:00 p.m.,no later than five(5)days prior to the date of the hearing. If you are
hearing or voice impaired,call`71 L'
(SEAL) KEVIN MADOK,Clerk of the Circuit Court and ex officio Clerk of
the Board of County Commissioners of Monroe County,Florida
Classifieds Pay You
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Packet Pg. 3243
APPENDIX B
AFFIDAVIT OF MAILING
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Packet Pg. 3244
R.1.g
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Ms. Rhonda Haag
and Tammy Peters, who, after being duly sworn, depose and say:
1. Ms. Rhonda Haag, as Director of Sustainability and Projects of Monroe County,
(the "County"), pursuant to the authority and direction received from the Board of
County Commissioners thereof, timely directed the preparation of the Assessment Roll
for properties in the Monroe Canals Municipal Service Benefit Unit and the preparation, N
mailing, and publication of notices, in conformance with the Initial Assessment
Resolution adopted by the County Commission on July 17, 2019.
0
2. Tammy Peters is the Office Manager for Government Services Group,
Inc., a Florida corporation ("GSG"). GSG has caused the notices required to be
prepared in conformance with the Initial Assessment Resolution. An exemplary form of
such notice is attached hereto. GSG has caused such individual notices for each
affected property owner to be prepared and each notice included the following
information: the purpose of the assessment; the total amount proposed to be levied U
0
against each parcel; the unit of measurement to be applied against each parcel to
determine the assessment; the number of such units contained within each parcel; the
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total revenue the County expects to collect by the assessment; a statement that failure N
to pay the assessment will cause a tax certificate to be issued against the property
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which may result in a loss of title; a statement that all affected property owners have a
right to appear at the hearing and to file written objections with the local governing
board within 20 days of the notice; and the date, time, and place of the hearing.
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Packet Pg. 3245
R.1.g
3. On or before July 31, 2019, GSG caused the mailing of the above-
referenced notices in accordance with the Initial Assessment Resolution by First Class
Mail to each affected owner, at the addresses then shown on the real property
assessment tax roll database maintained by the Monroe County Property Appraiser for
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the purpose of collection of ad valorem taxes. M
FURTHER AFFIANTS SAYETH NOT.
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hon 1!da Haag, affiant
" ammy Pete ; affi nt
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
. day of August 2019 by Rhonda Haag, Director of Sustainability and Projects,
Monroe County, Florida. She is personally known to fT or has produced N
as identification and did take an oath.
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Printed Na
Notary P lic, State of Floe a
At Large
My Commission Expires:
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Commissio,
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BMEDYRIGBY N
' MY COMMISSION#GG 245771
• .' EXPIRES:Sepwnber5.2022
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Packet Pg. 3246
R.1.g
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of August 2019 by Tammy Peters, Office Manager, Government Services
Group, Inc., a Florida corporation. She is personally known to me or has produced
as identification and did take an oath. U)
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Printed Name: Sa,,-cx — alocl�
Notary Public, State of Florida
At Large U)
My Commission Expires: ? z
Commission No.: Q N
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dawdagf'�wue Ny Fran ins ann M1 •3E a•7(JS t)
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Monroe County Board of County Commissioners
Sustainability Department Mayor Sylvia Murphy, Dist. 5
102050 Overseas Hwy.,#246 a Mayor Pro Tern Danny Kolhage, Dist, 1
Key Largo, FL 33037 Michelle Coldiron, Dist.2
Al"
(� Heather Carruthers, Dist. 3
4 a David Rice, Dist.4
July 31, 2019
STONE LIVING TRUST 1/7/1997 AK#: 1382485
C/O STONE JAMES R AND DANN R CO-TRUSTESS Sequence Number: MC-22 E
7273 DANBURY WAY Notice Date: July 31,2019
CLEARWATER FL 33764 U)
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Re: Notice of Proposed Maintenance Special Assessments,Canal Restoration Program CL
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Dear Property Owner:
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A municipal service benefit unit is being created to fund assessments for operation and maintenance costs related to certain canal
restoration activities in your area. The operation and maintenance work is necessary in order to maintain the water quality improvement
that has already been achieved on the canal. The type of operation and maintenance work that is necessary depends on the type of
canal restoration technology that was used in each canal. The assessment for each parcel of property is based on the cost of the g
operations and maintenance and the number of Tax Parcels on each canal. A more specific description of the assessment program is
set forth in the Initial Assessment Resolution adopted by the County Commission on July 17,2019. Information regarding the assessment
for your specific property is shown below.
Monroe County created the Monroe County Canals Municipal Service Benefit Unit to impose special assessments to fund ongoing
operations and maintenance costs for those canals in the canal restoration program. The maintenance assessments will be collected on
the ad valorem tax bill commencing with the tax bill to be mailed in November 2019, as authorized by Section 197.3632, Florida Statutes.
Failure to pay the assessments will cause a tax certificate to be issued against the real property,which may result in a loss of title.
A more specific description of the improvements and the method of computing the assessment for each parcel of real property are set
forth in the Initial Assessment Resolution adopted by the Board of County Commissioners on July 17, 2019. Copies of the Canal P,
Restoration Program Assessment Ordinance, the Initial Assessment Resolution (including an explanation of the assessment
methodology) and the initial Assessment Roll are available for inspection at the Monroe County Administrator's Office, 1100 Simonton
St., #2-268, Key West Florida 33040 between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. Information regarding the c14
assessment for your specific real property is attached to this letter.
U
The proposed assessments are based on the total overall future maintenance cost, divided by the number of Tax Parcels on the canal. L-
The annual assessment for each Tax Parcel will include its share of annual collection costs. An amount is also added to cover the
statutory discount applicable to early payment of ad valorem taxes and special assessments. The assessment rates are $104.00 per
Tax Parcel per month or$1,247.95 per Tax Parcel per year in the Air Curtain Technology Assessment Area. The estimated total revenueLL
for the Air Curtain Technology Assessment Area is$34,943 per Fiscal Year.
The total number of Tax Parcels attributable to the above tax parcel is: 1 C1,4
The estimated Annual Maintenance Assessment for the above parcel is: $1,247.95 0)
The estimated Monthly Maintenance Assessment for the above parcel is: $104.00 cN
a
0
You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for August 21, 2019 at 1:30 p.m. at the
Harvey Government Building at 1200 Truman Avenue,2"a Floor, Key West, FL 33040, The Final Assessment Resolution will be available
in the agenda packet for the hearing,to be published atwww.monroecounty-fl.gov/agendacenter on August 6,2019. All affected property
owners have a right to appear at the hearing and to file written objections with the County Administrator any time prior to the public
hearing. If you decide to appeal any decision made by the County Commission with respect to any matter considered at the hearing,you ,
will need a record of the proceedings and may need to ensure that a verbatim record is made,including the testimony and evidence upon
which the appeal is to be made.
In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs special accommodations to
participate in this proceeding, please contact the County Administrator at (305) 292-4441, between the hours of 8:30 a.m.—5:00 p.m.,
no later than five(5)calendar days prior to the date of the hearing. If you are hearing or voice impaired, call 711".
Questions regarding your assessment and the process for collection may be directed to the Monroe County Sustainability Department at
(305)453-8774, Monday through Friday between 8:00 a.m. and 4:30 p.m.
MONROE COUNTY, FLORIDA
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APPENDIX C
ASSESSMENT ROLL
MIAW71EINANCE CO�STS 4551ESSM ENT ROUL
AlK RE# INAIMIE AITTILIal AsSint imanthllly Assint E
U)
.138,2442 003,103 30-0000GG DONOHU E KEVIN T S1,247.95 $104.00 U)
1382451 003,20140-OCODGG DONO HU E KJEVI N T S1,2'47.9,5 $104.00 U)
1392523 003,104 10-000000 CILARIKSHAROINI L S1,247.9,5 $104.00 U)
m
13S 2 720 003106510-000000 &M LEY 51H.ARONI 5 $1,2'47.91 $104.0,0
139216,04 003,20490-000000 SHEARIN JlERRY'N $1,247.9,5 104.00
133209, 003,10700-000000 SE` N R J E FIFR E Y J $1,247.95 $104.00 0
138,2591 003,104,60-000000 ALESI DENISE M I-I'd ING TRUIST 6/2 8,/2012 $1,247.95 $104.00 U)
1382744 003,20640-000000 MOSS ROBERT IF $1,2'47.95 $104.00
1392612 003,10500-00000,0 DAVEY JOHN $1,247.9,5 $104.00 C14
138,2540 003,104 30-00000,13 WI LSO,N rqlll CH AE L�G $1,247.95 $104.00
13824547 003,205,40-000000 DlIM4RC:O GlIU571IN,0 $l,1247.9,5 $104.00
1332736 003,10630-00000,0 SACKETT JOEULE $1,247.95 $104.00
138,2761 003,10HO-00000,13 RZESE WILLIAM KENTON $1,247.95 $104.00
0
1382933 003,207 30-000000 LEJEUNE LAIRRY W $1,2'47.9,5 $104.00
1332795 003,10690-000000 CASEY RICH A RD C $1,247.9,5 $104.00 6
138,2698, 003,10590-00000,13 WEINBERG ILrAWRENCE REV 7R 4/6(19'96 $1,247.95 $104.00 U)
1382469, 003,20350-000000 SCIABARASS�,ALIFIRE�D $l,Z47.9,5 $104.00
1332617 003,107 10-00000,13 RUG GIA NO G EORG E W $1,247.9,5 $104.00 0)
138,2566 003,104 00 0,13 50- 00 RZISME R M ICHA E D L $1,2 95 m
47. $104.00 L-
1382396 003,202 90-000000 ANDRE DEVELOPMENT IINC $1,247.9,5 $104.00
1332493 003,10390-00000,0 STONE LIVf`NG 71RUS7 1/7/19,97 $1,247.9,5 $104.00
.138,2483 003,10370-0000GG STOINE LIVf`NG.71RUS7 117119S7 $1,247.95 $104.00
1382400 003,20290-000000 LANG MlIClHAEL $1,2'47.9,5 $104.00
1392507 003,10390-00000,0 KESSEL ILIINDA $1,247.9,5 $104.00 CL
1332621 003,105 10-000000 MILLER JAMES P.4 $1,247.95 $104.00
.138216-39, 003,205 20-000000 MILLER JAMES M $1,247.9,5 $104.00
1332787 003,10620-00000,0 S,HIRIEY PATRICK $1,247.9,5 $104.00 C14
.138,2779, 003,10670-0000GG ARNOLD FANTILY IIN17 VfI'V TRUST 3/7/1999, $1,247.95 $104.00
34,942.6G L)
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ILL.
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ORDINANCE NO. 021 - 2017
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING
TO THE IMPOSITION OF SPECIAL ASSESSMENTS FOR A
CANAL RESTORATION PROGRAM; CREATING AND
ESTABLISHING A MONROE COUNTY CANALS MUNICIPAL
SERVICE BENEFIT UNIT ("fMSBU") TO FINANCE THE
IMPROVEMENTS; AUTHORIZING THE IMPOSITION AND
COLLECTION OF ASSESSMENTS AGAINST PROPERTY
WITHIN THE UNINCORPORATED AREA OF MONROE COUNTY;
ESTABLISHING THE PROCEDURES FOR IMPOSING
ASSESSMENTS; ESTABLISHING PROCEDURES FOR NOTICE
AND ADOPTION OF ASSESSMENT ROLLS; PROVIDING THAT
ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED
PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLL;
PROVIDING THAT THE LIEN FOR AN 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; AUTHORIZING EXEMPTIONS AND HARDSHIP
ASSISTANCE; PROVIDING PROCEDURES FOR COLLECTION
OF ASSESSMENTS; AUTHORIZING THE ISSUANCE OF
OBLIGATIONS SECURED BY ASSESSMENTS AND PROVIDING
FOR THE TERMS THEREOF; PROVIDING THAT THE COUNTY'S
TAXING POWER SHALL NOT BE PLEDGED; PROVIDING
REMEDIES; DEEMING THAT PLEDGED REVENUES SHALL BE
CONSIDERED TRUST FUNDS; PROVIDING FOR THE
REFUNDING OF OBLIGATIONS; PROVIDING THAT THIS
ORDINANCE IS AN ALTERNATIVE MEANS OF
IMPLEMENTATION AND FOR SEVERABILITY; PROVIDING FOR
THIS ORDINANCE TO BE LIBERALLY CONSTRUED;
PROVIDING FOR CONFLICTS AND CODIFICATION; PROVIDING
FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
2
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 3.08
establishing the rate at which an annual canal assessment for a specific year shall be
computed. The final assessment resolution shall constitute the annual rate resolution
for the initial fiscal year in which an annual canal Assessment is imposed or reimposed.
"Assessed Property" means all parcels of land included on the Assessment
Roll that receive a special benefit from the delivery of the service, facility or program or
provision of a Local Improvement identified in the Initial Assessment Resolution.
"Assessment" means a special assessment imposed by the County pursuant to
this Ordinance to fund the Capital Cost or Project Cost, if obligations are issued, of
Local Improvements or the Service Cost of services, that provide a special benefit to
property as a consequence of a logical relationship to the value, use, or characteristics
of property identified in an Initial Assessment Resolution. The term "Assessment" shall
include Capital Assessments and Service Assessments.
"Assessment Area" means any of the areas created by resolution of the Board
pursuant to Section 2.02 hereof, that specially benefit from a Local Improvement or
service, facility, or program.
"Assessment Roll" means the special assessment roll relating to an
Assessment approved by a Final Assessment Resolution pursuant to Section 3.06
hereof or an Annual Rate Resolution pursuant to Section 3.08 hereof.
3
"Assessment Unit" means the unit or criteria utilized to determine the
Assessment for each parcel of property, as set forth in the Initial Assessment
Resolution. "Assessment Units" may include, by way of example only and not limitation,
one or a combination of the following: platted lots or parcels of record, vested lots, land
area, improvement area, equivalent residential connections, equivalent residential units,
permitted land use, trip generation rates, front footage, rights to future trip generation
capacity under applicable concurrency management regulations, property value or any
other physical characteristic or reasonably expected use of the property that has a
logical relationship to the Local Improvement or service to be funded from proceeds of
the Assessment.
"Board" means the Board of county Commissioners of the county.
"Capital Assessment" means a special assessment imposed by the County
pursuant to this ordinance to fund the capital cost or Project Cost, if obligations are
issued, of Local Improvements that provide a special benefit to property as a
consequence of a logical relationship to the value, use, or characteristics of property
identified in an Initial Assessment Resolution.
"Capital Cost" means all or any portion of the expenses that are properly
attributable to the acquisition, design, construction, installation, reconstruction, renewal
or replacement (including demolition, environmental mitigation and relocation) of Local
Improvements and imposition of the related Assessments under generally accepted
accounting principles, and including reimbursement to the County for any funds
advanced for Capital Cost and interest on any interfund or intrafund loan for such
purposes.
"Clerk" shall mean the clerk of the circuit court for the county, ex-officio clerk of
4
the board, or such other person as may be duly authorized to act on such person's
behalf.
"county" means Monroe County, Florida.
"County Administrator" means the chief administrative officer of the County, or
such person's designee.
"Final Assessment Resolution" means the resolution described in Sections
3.06 hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and
which shall be the final proceeding for the initial imposition of an Assessment. "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, 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 Sections
3.02 hereof which shall be the initial proceeding for the identification of the service,
facility, program, or Local Improvement for which an Assessment is to be made and for
the imposition of an Assessment.
"Local Improvement" means a canal restoration improvement project that has
been constructed or installed by the County for the special benefit of a neighborhood or
other Assessment Area.
"Maximum Assessment Rate" means the maximum rate of assessment
established by the Final Assessment Resolution for the service, facility, program, or
Local Improvement identified in the Initial Assessment Resolution.
5
"obligations" means bonds or other evidence of indebtedness including but not
limited to, notes, commercial paper, capital leases, reimbursable advances by the
County, or any other obligation issued or incurred to finance any portion of the Project
Cost of Local Improvements and secured, in whole or in part, by proceeds of the
Assessments.
"Ordinance"' means this Ordinance, as it may be amended from time-to-time.
"Owner"' shall mean 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.
"Pledged Revenue" means, as to any series of obligations, (A) the proceeds of
such Obligations, including investment earnings, (B) proceeds of the Assessments
pledged to secure the payment of such Obligations, and (C) any other legally available
non-ad valorem revenue pledged, at the Board's sole option, to secure the payment of
such obligations, as specified by the ordinance or resolution authorizing such
Obligations.
"Preliminary Rate" means the rates published for adoption as described in
Section 3.08 hereof initiating the annual process for updating the annual Assessment
Roll and directing the reimposition of Assessments pursuant to an Annual Rate
Resolution.
"Project Cost" means (A) the Capital Cost of a Local Improvement, (B) the
Transaction Cost associated with the obligations which financed the Local
Improvement, (C) interest accruing on such obligations for such period of time as the
5
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Board deems appropriate, (D) the debt service reserve fund or account, if any,
established for the obligations which financed the Local Improvement, and (E) any
other costs or expenses related thereto.
"Property Appraiser" means the Property Appraiser of Monroe County.
"Resolution of Intent" means the resolution expressing the Board's intent to
collect assessments on the ad valorem tax bill required by the Uniform Assessment
Collection Act.
"Service Assessment" means a special assessment imposed by the County
pursuant to this ordinance to fund the Service Cost of services that provide a special
benefit to property as a consequence of a logical relationship to the value, use, or
characteristics of property identified in an Initial Assessment Resolution.
"Service Cost" means all or any portion of the expenses that are properly
attributable to operations and maintenance of a Local Improvement and imposition and
collection of related Assessments under generally accepted accounting principles.
"Tax Collector" means the Tax Collector of Monroe County.
"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.
"Transaction Cost" means the costs, fees and expenses incurred by the County
in connection with the issuance and sale of any series of obligations, including but not
limited to (A) rating agency and other financing fees; (B) the fees and disbursements of
bond counsel; (C) the underwriters' discount; (D) the fees and disbursements of the
County's financial advisor; (E) the costs of preparing and printing the obligations, the
preliminary official statement, the final official statement, and all other documentation
supporting issuance of the obligations; (F) the fees payable in respect of any municipal
a
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bond insurance policy; (G) administrative, development, credit review, and all other fees
associated with any pooled commercial paper or similar interim financing program; and
(H) any other costs of a similar nature incurred in connection with issuance of such
Obligations.
"Uniform Assessment Collection Act" means Sections 197.3532 and
197.3635, Florida Statutes, as amended from time-to-time, or any successor statutes
authorizing the collection of non-ad valorem assessments on the same bill as ad
valorem taxes, and any applicable regulations promulgated thereunder.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number, and vice versa; the
terms "hereof," "hereby," "herein," "hereto," "hereunder' and similar terms refer to this
Ordinance; and the term "hereafter' means after, and the term "heretofore" means
before the effective date of this Ordinance. Words of any gender include the correlative
words of the other genders, unless the context indicates otherwise.
SECTION 1.03. FINDINGS.
It is hereby ascertained, determined, and declared that:
(A) Pursuant to Article Vlll, section 1, Florida constitution, and sections 125.91 3
and 125.55, Florida Statutes, the county has all powers of local self-government to
perform county functions and to render county and municipal services in a manner not
inconsistent with law and such power may be exercised by the enactment of county
ordinances, including but not limited to the power pursuant to Section 125.01, Florida
Statutes, to establish municipal service benefit units to provide recreation, transportation
and other essential facilities.
(B) The Assessments to be imposed pursuant to this Ordinance shall constitute
S
non-ad valorem assessments within the meaning and intent of the Uniform Assessment
Collection Act.
(C) The Assessments to be imposed pursuant to this ordinance are imposed
by the Board, not the Property Appraiser or Tax Collector. The duties of the Property
Appraiser and Tax collector under the Uniform Assessment collection Act are
ministerial.
(D) The purposes of this ordinance are to: (1) provide procedures and
standards for the imposition of Assessments within the County by resolution under the
general home rule powers of a county to impose special assessments; and (2) authorize
a procedure for the funding of public services, facilities, programs, or Local
Improvements providing special benefit to subsequently identified property within the
County.
ARTICLE 11
GENERAL PROVISIONS
SECTION 2,01. CREATION OF MONROE COUNTY CANALS MUNICIPAL
SERVICE BENEFIT UNIT.
(A) Pursuant to F.S. 125(1)(q) and (r), the Monroe county Canals Municipal
Service Benefit Unit (MSBU) is hereby created to accomplish the improvements
contemplated herein. The boundaries of the MSBU shall consist of all of the
unincorporated area within Monroe County.
(B) Each municipality with the county may request to be included within the
boundaries of the MSBU. A certified copy of the resolution adopted by the municipality
requesting inclusion in the MSBU must be received by the county prior to June 1 and
shall be effective beginning the next fiscal year. Upon being included, all provisions of
this ordinance shall apply within the boundary of such municipality.
SECTION 2.02. CREATION OF ASSESSMENT AREA.
(A) The Board is hereby authorized to create Assessment Areas in accordance
with the procedures set forth in Section3.02 and 3.06. The Assessments Areas shall
contain property located within the County that is specially benefitted by the services,
facilities, programs, or Local Improvements proposed for funding from the proceeds of
Assessments to be imposed therein.
(B) Either the Initial Assessment Resolution proposing each Assessment Area
or the Final Assessment Resolution creating each Assessment Area shall include brief
descriptions of the proposed services, facilities, programs, or Local Improvements, a
description of the property to be included within the Assessment Area, and specific
legislative findings that recognize the special benefit to be provided by each proposed
service, facility, program, or Local Improvements to property within the Assessment
Area.
SECTION 2.02. REVISIONS TO ASSESSMENTS. If any 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 of competent jurisdiction, or if the Board is satisfied
that any such Assessment is so irregular or defective that the same cannot be enforced
or collected, or if the Board has omitted to include any property on the Assessment Roll
which property should have been so included, the Board may take all necessary steps
to impose a new Assessment against any property benefited by the Service costs,
Capital costs or Project costs, following as nearly as may be practicable, the provisions
of this Ordinance, and in case such second Assessment is annulled, vacated, or set
aside, the Board may obtain and impose other Assessments until a valid Assessment is
10
1
imposed.
SECTION 2.03. PROCEDURAL IRREGULARITIES. Any informality or
irregularity in the proceedings in connection with the levy of any Assessment under the
provisions of this ordinance shall not affect the validity of the same after the approval
thereof, and any Assessment, as finally approved, shall be competent and sufficient
evidence that such Assessment was duly levied, that the Assessment was duly made
and adopted, and that all other proceedings adequate to such 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. Notwithstanding the provisions of this Section,
any party objecting to an Assessment imposed pursuant to this ordinance must file an
objection with a court of competent jurisdiction within the time periods prescribed herein.
SECTION 2.04. CORRECTION OF ERRORS AND OMISSIONS.
(A) No act of error or omission on the part of the Property Appraiser, Tax
Collector, County Administrator, their deputies, employees, or designees, shall operate
to release or discharge any obligation for payment of an Assessment imposed by the
Board under the provision of this ordinance.
(B) When it shall appear that any Assessment should have been imposed
under this ordinance against a lot or parcel of property specially benefited by the
provision of a service, facility, program, or Local Improvement, but such property was
omitted from the Assessment Roll, the Board may, upon provision of appropriate notice
as set forth in this Article, impose the applicable Assessment. Such total Assessment
shall become delinquent if not fully paid upon the expiration of 60 days from the date of
the adoption of said resolution. The Assessment so imposed shall constitute a lien
11
a
against such 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
and may be collected as provided in Article VI hereof.
(C) 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
Assessed Property, to correct any error in applying the Assessment apportionment
method to any particular property not otherwise requiring the provision of notice
pursuant to the Uniform Assessment collection Act. Any such correction that reduces
an Assessment shall be considered valid ab initio and shall in no way affect the
enforcement of the Assessment imposed under the provisions of this ordinance. Any
such correction which increases an Assessment or imposes an Assessment on omitted
property shall first require notice to the affected owner in the manner described in
Section 3.05 hereof, as applicable, providing the date, time and place that the Board will
consider confirming the correction and offering the owner an opportunity to be heard. 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.
SECTION 2.05. LIEN OF ASSESSMENTS.
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(A) Upon the adoption of the Assessment Roll, all Assessments shall constitute
a lien against such property equal in rank and dignity with the liens of all state, county, _
district, or municipal taxes and special assessments. Except as otherwise provided by
law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and
claims, until paid.
(B) The lien for an Assessment shall be deemed perfected upon adoption by
the Board of the Final Assessment Resolution or the Annual Rate Resolution, whichever
is applicable. The lien for an Assessment collected under the Uniform Assessment
Collection Act shall attach to the property as provided by law. The lien for an
Assessment collected under the alternative method of collection provided in Section
5.02 shall be deemed perfected upon adoption by the Board of the Final Assessment
Resolution or the Annual Rate Resolution, whichever is applicable, and shall attach to
the property on such date of adoption.
ARTICLE III
ASSESSMENTS
SECTION 3.01. GENERAL AUTHORITY.
(A) The Board is hereby authorized to impose an annual Assessment to fund
all or any portion of the Capital Cost, Project cost, or Service cost on benefitted
property at a rate of assessment based on the special benefit accruing to such property
from the County's provision of the subsequently identified service, facility, or program.
(B) The amount of the Assessment that is imposed each Fiscal Year against
each parcel of Assessed Property shall be determined pursuant to an apportionment
methodology based upon a classification of property designed to provide a fair and
13
reasonable apportionment of the Capital Cost, Project Cost or Service Cost among
properties on a basis reasonably related to the special benefit provided by the service,
facility, or program funded with Assessment proceeds.
(C) All Service Assessments shall be imposed in conformity with the
procedures set forth in this Article III.
SECTION 3.02. INITIAL ASSESSMENT RESOLUTION. The first step for the
initial imposition of a Service Assessment shall be the Board's adoption of an Initial
Assessment Resolution (A) describing the property to be located within any proposed
Assessment Area; (B) containing a brief and general description of the services, facilities,
or programs to be provided; (C) determining the Capital Cost, Project Cost or Service
Cost to be assessed; (D) describing the method of apportioning the Capital cost, Project
Cost or Service Cost and the computation of the Assessments for specific properties; (E)
establishing an estimated assessment rate for the upcoming Fiscal Year; (F) establishing
a Maximum Assessment Rate, if desired by the Board; (G) authorizing the date, time, and
place of a public hearing to consider the adoption of the Final Assessment Resolution for
the upcoming Fiscal Year; and (H) directing the County Administrator to (1) prepare the
initial Assessment Roll, as required by Section 3.03 hereof, (2) publish the notice
required by Section 3.04 hereof, and (3) mail the notice required by Section 3.05 hereof.
SECTION 3.03. ASSESSMENT ROLL.
(A) The County Administrator shall prepare, or direct the preparation of, the
initial Assessment Roll for the Assessments, 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;
14
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(3) The number of Assessment Units attributable to each parcel;
(4) The estimated maximum annual assessment for each Assessment
Unit; and
(5) The amount of the Service Assessment to be imposed against each
Assessed Property.
(B) Copies of the Initial Assessment Resolution and the preliminary
Assessment Roll shall be available in the office of the county Administrator and 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 Service Assessment for each parcel of
property can be determined by use of a computer terminal available to the public.
SECTION 3.04. NOTICE BY PUBLICATION. Upon completion of the initial
Assessment Roll, the county Administrator shall publish notice of a public hearing to
adopt 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 3.05. NOTICE BY MAIL.
(A) For the initial Fiscal Year in which an Assessment is imposed by the Board
against Assessed Property pursuant to the Uniform Assessment Collection Act and in
addition to the published notice required by Section 3.04, the County Administrator shall
provide notice of the proposed Service Assessment by first class mail to the owner of
each parcel of property subject to a Service Assessment.
(B) The mailed notice shall conform to the requirements set forth in the Uniform
Assessment collection Act.
(C) Notice shall be deemed mailed upon delivery thereof to the possession of
15
the United States Postal Service. 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 a Service Assessment imposed by the Board
pursuant to this Ordinance.
(D) Notice by mail for Fiscal Years after the initial Fiscal Year shall be
controlled by Section 3.08(D) hereof.
SECTION 3.06. FINAL ASSESSMENT RESOLUTION.
(A) At a public hearing named in the notices required by Sections 3.04 and
3.05 or to such time as an adjournment or continuance may be taken by the Board, after
receiving oral or written objections of interested persons, the Board may then, or at any
subsequent meeting of the Board, adopt the Final Assessment Resolution, which shall
(A) create any Assessment Area; (B) confirm, modify, or repeal the Initial Assessment
Resolution with such amendments, if any, as may be deemed appropriate by the Board;
(C) establish the Maximum Assessment Rate, if desired by the Board and set the rate of
assessment to be imposed in the upcoming fiscal year; (D) approve the initial
Assessment Roll, with such amendments as it deems just and right; and (E) determine
the method of collection.
(B) All parcels assessed shall derive a special benefit from the service, facility,
or program to be provided or constructed and the Service Assessment shall be fairly
and reasonably apportioned among the properties that receive the special benefit.
(C) 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.
(D) The Final Assessment Resolution shall constitute the Annual Rate
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Resolution for the initial Fiscal Year in which Assessments are imposed or reimposed
hereunder.
SECTION 3.07. EFFECT OF FINAL ASSESSMENT RESOLUTION.
Assessments 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 method of
apportionment and assessment, the Maximum Assessment Rate, the initial rate of
assessment, the initial Assessment Roll, and the levy and lien of the Assessments),
unless proper steps are initiated in a court of competent jurisdiction to secure relief
within twenty (20) days from the date of 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, or the Property Appraiser if so
directed by the Tax collector, or if an alternative method is used to collect the Service
Assessments, such other official as the Board by resolution shall designate.
SECTION 3.08. 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 which a service
assessment is imposed hereunder. The Annual Rate Resolution shall approve the
assessment roll for the upcoming fiscal year. The Assessment Roll shall be prepared in
accordance with the method of apportionment set forth in the Initial Assessment
Resolution together with modifications, if any, and as confirmed in the Final Assessment
Resolution.
(B) The Board shall hold a public hearing to adopt the Annual Rate Resolution
and the annual assessment roll for the ensuing fiscal year. At the public hearing, the
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Board shall hear comments and objections from owners and other members of the
public as to the Preliminary Rate and proposed assessments. The Board shall make
such increase, decrease or revision to any proposed Assessment as it shall deem
necessary or appropriate. In addition, the Board shall make such changes,
modifications or additions as necessary to conform the preliminary annual assessment
roll with the adopted rate resolution and this article. The Board may continue said public
hearing to a date and time certain without the necessity of further public notice to allow
prior to final adoption increases, decreases or revisions to the Preliminary Rate or for
such other reason deemed necessary in the sole discretion of the board. Upon
completion of such public hearing the Board may approve the Annual Rate Resolution.
(C) Notice of the public hearing for the Annual Rate Resolution shall be
published in a newspaper of general circulation within the county, at least twenty (20)
days prior to the public hearing. The published notice shall contain at least the following
information: the name of the local governing board; a geographic depiction of the
property subject to the assessment; the proposed schedule of the assessment; the fact
that the assessment will be collected by the tax collector; and a statement that all
affected property owners have the right to appear at the public hearing and the right to
file written objections within 20 days of the publication of the notice.
(D) In the event that the uniform method of collection provided for in the
Uniform Assessment Collection Act is used and:
( 1) The proposed service assessment for any fiscal year exceeds the
maximum assessment rate included in notice previously provided
to the owners of assessable property pursuant to sections 3.04
and 3.05 hereof,
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(2) The method of apportionment is changed or the purpose for which
the assessment is imposed is substantially changed from that
represented by the notice previously provided to the owners of
assessable property pursuant to sections 3.04 and 3.05 hereof,
(3) Assessable property is reclassified in a manner that results in an
increased assessment beyond that represented by notice
previously provided to the owners of assessable property pursuant
to sections 3.04 and 3.05 hereof, or
(4) an assessment roll contains assessable property that was not
included on the assessment roll approved for the prior fiscal year,
then notice shall be provided by first class mail to the owners of such assessable
property. Such supplemental notice shall substantially conform with the notice
requirements set forth in section 3.04 and 3.05 hereof and shall inform the property
owner of the date and place for the adoption of the annual rate resolution. The failure of
the owner to receive such supplemental notice due to mistake or inadvertence, shall not
affect the validity of the assessment roll nor release or discharge any obligation for
payment of a service assessment imposed by the board pursuant to this article.
(E) As to any Assessed Property not included on an Assessment Roll approved
by the adoption of the Final Assessment Resolution or a prior year's 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 determination of special benefit and fair apportionment to the Assessed
Property, the method of apportionment and assessment, the rate of assessment, the
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establishment or increase of a Maximum Assessment Rate, the Assessment Roll, and
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the levy and lien of the Assessments), unless proper steps are initiated in a court of {
competent jurisdiction to secure relief within twenty (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 Assessment not challenged within the required
20-day period for those 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.
(F) 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. If
the Assessment against any property shall be sustained, reduced, or abated by the
court, an adjustment shall be made on the Assessment Roll.
ARTICLE IV
COLLECTION AND USE OF ASSESSMENTS
SECTION 4.01. METHOD OF COLLECTION.
(A) Unless otherwise directed by the Board, the Assessments shall be
collected pursuant to the Uniform Assessment collection Act, and the County shall
comply with all applicable provisions of the Uniform Assessment collection Act. The
Resolution of Intent required by the Uniform Assessment collection Act may be adopted
either prior to or following the Initial Assessment Resolution; provided however, that the
Resolution of Intent must be adopted prior to January 1 (or March 1 with consent of the =
Property Appraiser and Tax Collector) of the year in which the Assessments are first
collected on the ad Valorem tax bill. Any hearing or notice required by this ordinance
may be combined with any other hearing or notice required by the Uniform Assessment
Collection Act.
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(B) The amount of an Assessment to be collected using the Uniform
Assessment collection Act for any specific parcel of benefitted property may include an
amount equivalent to the payment delinquency, delinquency fees and recording costs
for prior years' assessment for a comparable service, facility, program, or Local
Improvement provided, (1) the collection method used in connection with the prior year's
assessment did not employ the use of the Uniform Assessment Collection Act, (2) notice
is provided to the owner, and (3) any lien on the affected parcel for the prior year's
assessment is supplanted and transferred to such Assessment upon certification of a
non-ad 'Valorem roll to the Tax Collector by the County.
SECTION 4.02. GOVERNMENT PROPERTY. In lieu of using the Uniform
Assessment collection Act to collect Assessments from Government Property, the
County may elect to use any other method authorized by law or provided by this Section
as follows:
(A) The County shall provide 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 Assessment, (2) a description of the
unit of measurement used to determine the amount of the Assessment, (3) the number
of units contained within the parcel, (4) the total amount of the parcel's Assessment for
the appropriate period, (5) the location at which payment will be accepted, and (6) the
date on which the Assessment is due.
(B) Assessments imposed against Government Property shall be due on the
same date as all other Assessments and, if applicable, shall be subject to the same
discounts for early payment.
(C) An Assessment shall become delinquent if it is not paid within 30 days from
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the date any installment is due. The County shall notify the owner of any Government
Property that is delinquent in payment of its Assessment within 60 days from the date
such Assessment was due. Such notice shall state that the county 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
Assessments and any other costs incurred by the County as a result of such delinquent
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, an Assessment imposed against
Government Property may be collected on the bill for any utility service provided to such
Government Property. The Board may contract for such billing services with any utility
not owned by the County.
ARTICLE V
ISSUANCE OF OBLIGATIONS
SECTION 5.01. GENERAL AUTHORITY.
(A) Upon adoption of the Final Assessment Resolution imposing Capital
Assessments to fund a Local Improvement or at any time thereafter, the Board shall
have the power and is hereby authorized to provide by resolution, at one time or from
time to time in series, for the issuance of obligations to fund the Project Cost thereof.
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(B) If issued, the principal of and interest on each series of Obligations shall be
payable from Pledged Revenue. At the option of the Board, the County may agree, by
resolution, to budget and appropriate funds to make up any deficiency in the reserve
account established for the Obligations or in the payment of the Obligations, from other
non-ad valorem revenue sources. The Board may also provide, by resolution, for a
pledge of or lien upon proceeds of such non-ad valorem revenue sources for the benefit
of the holders of the Obligations. Any such resolution shall determine the nature and
extent of any pledge of or lien upon proceeds of such non-ad valorem revenue sources.
SECTION 5.02. TERMS OF THE OBLIGATIONS. If issued, the Obligations shall
be dated, shall bear interest at such rate or rates, shall mature at such times as may be
determined by resolution of the Board, and may be made redeemable before maturity,
at the option of the County, at such price or prices and under such terms and
conditions, all as may be fixed by the Board. Said Obligations shall mature not later than
40 years after their issuance. The Board shall determine by resolution the form of the
Obligations, the manner of executing such Obligations, and shall fix the denominations
of such Obligations, the place or places of payment of the principal and interest, which
may be at any bank or trust company within or outside of the State of Florida, and such
other terms and provisions of the Obligations as it deems appropriate. The Obligations
may be sold at public or private sale for such price or prices as the Board shall
determine by resolution. The Obligations may be delivered to any contractor to pay for ti
construction of the Local Improvements or may be sold in such manner and for such
price as the Board may determine by resolution to be for the best interests of the
County.
SECTION 5.03. VARIABLE RATE OBLIGATIONS. At the option of the Board,
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Obligations may bear interest at a variable rate.
SECTION 5.04. TEMPORARY OBLIGATIONS. Prior to the preparation of
definitive Obligations of any series, the Board may, under like restrictions, issue interim
receipts, interim certificates, or temporary Obligations, exchangeable for definitive
Obligations when such Obligations have been executed and are available for delivery.
The Board may also provide for the replacement of any Obligations which shall become
mutilated, destroyed or lost. Obligations may be issued without any other proceedings
or the happening of any other conditions or things than those proceedings, conditions or
things which are specifically required by this Ordinance.
SECTION 5,05. ANTICIPATION NOTES. In anticipation of the sale of
Obligations, the Board may, by resolution, issue notes and may renew the same from
time to time. Such notes may be paid from the proceeds of the Obligations, the
proceeds of the Capital Assessments, the proceeds of the notes and such other legally
available money as the Board deems appropriate by resolution. Said notes shall
mature within five years of their issuance and shall bear interest at a rate not exceeding
the maximum rate provided by law. The Board may issue Obligations or renewal notes
to repay the notes. The notes shall be issued in the same manner as the Obligations.
SECTION 5.06. TAXING POWER NOT PLEDGED. Obligations issued under
the provisions of this Ordinance shall not be deemed to constitute a general obligation
or pledge of the full faith and credit of the County within the meaning of the Constitution
of the State of Florida, but such Obligations shall be payable only from Pledged
Revenue in the manner provided herein and by the resolution authorizing the
Obligations. The issuance of Obligations under the provisions of this Ordinance shall
not directly or indirectly obligate the County to levy or to pledge any form of ad valorem
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taxation whatever therefore. No holder of any such obligations shall ever have the right
to compel any exercise of the ad valorem taxing power on the part of the County to pay
any such obligations or the interest thereon or to enforce payment of such Obligations
or the interest thereon against any property of the county, nor shall such obligations
constitute a charge, lien or encumbrance, legal or equitable, upon any property of the
County, except the Pledged Revenue.
SECTION 5.07. TRUST FUNDS. The Pledged Revenue received pursuant to
the authority of this ordinance shall be deemed to be trust funds, to be held and applied
solely as provided in this Ordinance and in the resolution authorizing issuance of the
Obligations. Such Pledged Revenue may be invested by the County, or its designee, in
the manner provided by the resolution authorizing issuance of the Obligations. The
Pledged Revenue upon receipt thereof by the County shall be subject to the lien and
pledge of the holders of any Obligations or any entity other than the County providing
credit enhancement on the obligations.
SECTION 5.08. REMEDIES OF HOLDERS. Any holder of Obligations, except to
the extent the rights herein given may be restricted by the resolution authorizing
issuance of the obligations, may, whether at law or in equity, by suit, action, mandamus
or other proceedings, protect and enforce any and all rights under the laws of the State
of Florida or granted hereunder or under such resolution, and may enforce and compel
the performance of all duties required by this part, or by such resolution, to be
performed by the County.
SECTION 5.09. REFUNDING OBLIGATIONS. The County may, by resolution
of the Board, issue obligations to refund any Obligations issued pursuant to this
Ordinance, or any other obligations of the County theretofore issued to finance the
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Project Cost of a Local Improvement and provide for the rights of the holders hereof.
Such refunding Obligations may be issued in an amount sufficient to provide for the
payment of the principal of, redemption premium, if any, and interest on the outstanding
Obligations to be refunded. If the issuance of such refunding Obligations results in an
annual Assessment that exceeds the estimated maximum annual Capital Assessments
set forth in the notice provided pursuant to Section 4.05 hereof, the Board shall provide
notice to the affected property owners and conduct a public hearing in the manner
required by Article IV of this ordinance.
ARTICLE VI
MISCELLANEOUS PROVISIONS
SECTION 6.01. APPLICABILITY. This Ordinance and the Board's authority to
impose assessments pursuant hereto shall be applicable throughout the County.
SECTION 6.02. 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.
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SECTION 6.03. LIBERALLY CONSTRUED. This ordinance, being necessary
for the welfare of the inhabitants of the county, particularly the owners of property
located therein, shall be liberally construed to effect the purposes hereof.
SECTION 6.04. 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.
SECTION 6.05. CONFLICTS. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 6.46. CODIFICATION. It is the intention of the Board, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the
Code of Monroe County in a new Article VI within chapter 26 ("Waterways"); that the
sections of this ordinance may be renumbered or relettered to accomplish such
intentions; and that the word "ordinance" shall be changed to "Section" or "Article" or
other appropriate word.
SECTION 6.07. EFFECTIVE DATE. A certified copy of this ordinance shall be
filed with the Department of State of the State of Florida within 10 days of enactment
and shall take effect upon filing with said department.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
Count Florida at a regular meeting held on the 18�` day of October, 2017.
Y� � � y
Mayor George Neugent Yes
Mayor Pro Tern David Rice Yes
Commissioner Danny Kolhage Yes
Commissioner Heather Carruthers Yes
Y Commissioner Sylvia Murphy No
s AL BOARD of COUNTY COMMISSIONERS
z r
Att6 t.,-,KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
BY. BY.
Deputy Clerk Mayor George Neugent
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