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Resolution 236-2022 RESOLUTION NO. 236 - 2022 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CONTINUING THE ASSESSMENTS OF WASTEWATER SERVICE TO PROPERTIES IN THE BIG COPPITT, DUCK KEY, STOCK ISLAND, CUDJOE REGIONAL CENTRALIZED INNER AND OUTER ISLAND SERVICE AREAS, EAST/WEST LONG KEY, NO NAME KEY, MIDDLE/BIG TORCH KEY, AND EXPANDED PARCELS WITHIN THE CUDJOE REGIONAL SERVICE AREA FOR THE 2022 TAX YEAR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 20-164 of the Monroe County Code provides that the Board of County Commissioners will adopt an annual rate resolution during its budget adoption process for each fiscal year following the initial fiscal year of a wastewater assessment; and WHEREAS, the Board of County Commissioners of Monroe County, Florida enacted Ordinance No. 027-2003 relating to the provision of wastewater service and facilities in Monroe County,Florida and authorizing the imposition and collection of wastewater assessments against property; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 261-2004 relating to the provision of wastewater service to properties in the Stock Island Service Area, describing the capacity reservation fee, collection costs, and the other terms and conditions of the non-ad valorem annual wastewater assessments; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 265-2004 that imposed a special assessment to collect Capacity Reservation Fees from certain parcels within the Stock Island Service Areas to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of$2,700 per Equivalent Dwelling Unit("EDU"), wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 265-2004 and the number of EDUs for non-residential properties was based on water consumption; and WHEREAS, the Stock Island Assessments have been imposed annually since 2004 to recover Capacity Reservation Fees advanced by Monroe County on behalf of certain parcels within the Stock Island Service Area; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 116-2017 that imposed a special assessment to collect Capacity Reservation Fees from certain parcels within the Stock Island Phase 2 Service Area to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of$2,700 per Equivalent Dwelling Unit("EDU"),wherein the number of EDUs for residential properties were assigned by KW Resort Utilities, Inc. (KWRU). These parcels were determined to not have paid the Capacity Reservation Fee included in the Stock Island Assessments covered by Resolution 265-2004; and WHEREAS,the Stock Island Assessment Phase 2 was imposed in August 2017 to recover Capacity Reservation Fees advanced by Monroe County on behalf of certain parcels within the Stock Island Special Assessment Phase 2 which were not collected in the imposition of annually collected assessments in 2004; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 264-2007 relating to the provision of wastewater service to parcels in the Big Coppitt and Duck Key Service Areas, describing the system development fee, collection costs, and the other terms and conditions of the non-ad valorem annual wastewater assessments; and Monroe County BOCC-Annual Rate Resolution—August 2022 Page 1 of 5 WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 302-2007 that imposed a special assessment to collect System Development Fees from certain parcels within the Big Coppitt and Duck Key Service Areas to fund that portion of the capital cost of the wastewater system being assessed to each owner up to a maximum of$4,500 per EDU,wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 302-2007 and the number of EDUs for non-residential properties was based on water consumption; and WHEREAS, the Big Coppitt Assessments have been imposed annually since 2007 to pay a portion of the debt service on Obligations issued in connection with the construction of Wastewater Collection and Treatment Facilities within the Big Coppitt Service Area; and WHEREAS, the Duck Key Assessments have been imposed annually since 2007 to fund construction of a portion of the Duck Key Wastewater Treatment Facility; and WHEREAS, the Board of County Commissioners of Monroe County,Florida adopted Resolutions 173-2012, 174-2012, 154-2013, 155-2013, 156-2013, and 157-2015 relating to the provision of wastewater service to properties in the Cudjoe Regional Centralized Service Area, describing the System Development Fee, collection costs, and the other terms and conditions of the non-ad valorem annual wastewater assessments; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolutions 197-2012, 198-2012, 184-2013, 185-2013, and 186-2013 that imposed a special assessment to collect System Development Fees from certain parcels within the Cudjoe Regional Centralized Service Area to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of$4,500 per EDU,wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolutions and the number of EDUs for non-residential properties was based on water consumption; and WHEREAS, assessments on properties within the Cudjoe Regional Centralized Service Area have been imposed annually since 2012 to pay a portion of the debt service on Obligations issued in connection with the construction of and the wastewater system; and WHEREAS, the Board of County Commissioners of Monroe County,Florida adopted Resolution 157-2013 relating to the provision of wastewater service to supplemental parcels in the Big Coppitt and Duck Key Service Area, describing the System Development Fee, collection costs, and the other terms and conditions of the non-ad valorem annual wastewater assessments; and WHEREAS, the Board of County Commissioners of Monroe County,Florida adopted Resolution 212-2013 that imposed a special assessment to collect System Development Fees from certain supplemental parcels within the Big Coppitt and Duck Key Service Area, to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of$4,500 per EDU, wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 212-2013 and the number of EDUs for non-residential properties was based on water consumption; and WHEREAS, the Assessments on the supplemental parcels within the Big Coppitt and Duck Key Service Areas have been imposed annually since 2013 to fund construction of a portion of the Duck Key Wastewater Treatment Facility; and WHEREAS, the Board of County Commissioners of Monroe County,Florida, adopted Resolution 157-2015,relating to the provision of wastewater service to parcels on East/West Long Key, Monroe County BOCC-Annual Rate Resolution—August 2022 Page 2 of 5 No Name Key, Middle/Big Torch Key, and Expanded Parcels within Cudjoe Regional Wastewater Service Area; and WHEREAS, the Board of County Commissioners of Monroe County, Florida adopted Resolution 185-2015 that imposed a special assessment to collect System Development Fees from certain parcels within East/West Long Key and No Name Key and Middle/Big Torch Key to fund that portion of the capital cost of the wastewater facility being assessed to each owner up to a maximum of$4,500 per EDU,wherein the number of EDUs for residential properties was assessed based on the number of residential units for that Tax Parcel as determined by the Property Appraiser at the time of the adoption of Resolution 185-2015 and the number of EDUs for non-residential properties was based on water consumption; and WHEREAS, assessments on properties within East/West Long Key and No Name Key and Middle/Big Torch Key and Expanded Parcels within the Cudjoe Regional Wastewater Service Area have been imposed annually since 2015 to pay a portion of the debt service on Obligations issued in connection with the construction of and the wastewater treatment system; and WHEREAS, Section 2.02 of Resolution 261-2004 established the assessment term for Stock Island to be 5, 10 or 20 years; and WHEREAS, the 10 year assessment term for Stock Island expired in 2013 and the 20 year assessment term for Stock Island will expire in 2023; and WHEREAS, Section 2.02 of Resolution 116-2017 established the assessment term for Stock Island Phase 2 to be 20 years; and WHEREAS, Section 2.02 of Resolution 264-2007 established the assessment term for Big Coppitt and Duck Key to be 20 years; and WHEREAS, Section 2.02 of Resolution 173-2012 established the assessment term for Cudjoe Regional Centralized Inner Islands to be 20 years; and WHEREAS, Section 2.02 of Resolution 174-2012 established the assessment term for Cudjoe Regional Centralized Outer Islands to be 20 years; and WHEREAS, Section 2.02 of Resolution 154-2013 established the assessment term for the Cudjoe Regional Centralized Inner Islands Service Area supplemental parcels to be 20 years; and WHEREAS, Section 2.02 of Resolution 155-2013 established the assessment term for the Cudjoe Regional Centralized Outer Islands Service Area supplemental parcels to be 20 years; and WHEREAS, Section 2.02 of Resolution 156-2013 established the assessment term for parcels in Venture Out to be 20 years; and WHEREAS, Section 2.02 of Resolution 157-2013 established the assessment term for the Big Coppitt and Duck Key Service Area supplemental parcels to be 20 years; and WHEREAS, Section 2.02 of Resolution 157-2015 established the assessment term for East/West Long Key and No name Key and Middle/Big Torch Key and Expanded Parcels within Cudjoe Regional to be 20 years; and WHEREAS, the annual assessment revenue is necessary to repay debt obligations and capital construction costs; and Monroe County BOCC-Annual Rate Resolution—August 2022 Page 3 of 5 WHEREAS, assessment rolls have been approved by the Board of County Commissioners as part of each of the above-referenced resolutions NOW THEREFORE,BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,FLORIDA,AS FOLLOWS: Section 1.0 The non-ad valorem annual assessment will be levied at a rate of$ 207.73 per EDU for those property owners who elected to pay the Capacity Reservation Fee over 20 years as previously noticed for the Stock Island assessment program. Section 2.0 The non-ad valorem annual assessment will be levied at a rate of $ 211.37 per EDU for those property owners who elected to pay the Capacity Reservation Fee over 20 years as previously noticed for the Stock Island Phase 2 assessment program. Section 3.0 The non-ad valorem annual assessment initially levied at the rate of$441.00 per EDU for the Big Coppitt and Duck Key assessment programs was lowered to $271.88 per EDU in 2013. The amount actually charged in 2013 was $343.02. A credit of$71.14 per EDU was applied to outstanding balances and the annual rate of 271.88 began in 2014. The annual amount for 2022 will continue at a set rate of $271.88 per EDU. Section 4.0 The 2022 non-ad valorem annual assessment for the Cudjoe Regional Centralized assessment tax rolls are: • The annual amount for the Inner Islands tax roll which started in 2012 is set at a rate of$302.53 per EDU. • The annual amount for the Outer Islands tax roll which started in 2013 is set at a rate of$310.29 per EDU. • The annual amount for the tax roll for the Inner and Outer Islands Supplemental parcels expanded in January 2013 within Cudjoe Regional is set at a rate of$308.93 per EDU. • The annual amount for the parcels in the July 2015 Cudjoe-Long Key expansion(No Name Key, Torches, 35 additional properties, and Long Key)will be levied at a rate of$337.10 per EDU. Section 5.0 The non-ad valorem annual assessment will be levied at the rate of$329.24 per EDU for the Big Coppitt and Duck Key Supplemental Service Area assessment programs. Section 6.0 The non-ad valorem annual assessment will be levied at the rate of$337.10 per EDU for East/West Long Key and No Name Key. Section 7.0. The assessment rolls for the above-referenced Service Areas for the upcoming fiscal year, previously approved by the Board of County Commissioners in connection with the above-referenced resolutions, are hereby approved. [remainder of page left blank] Monroe County BOCC-Annual Rate Resolution—August 2022 Page 4 of 5 Section 8.0. The effective date of this Resolution is August 17,2022. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida, at a meeting of said Board held on the 17th day of August 2022. Mayor David Rice Yes Mayor Pro Tern Craig Cates Yes Commissioner Michille Coldiron Yes Commissioner James Scholl Yes Commissioner Holly Merrill Raschein Yes �W n BOARD OF COUNTY 4.‘0)0) OF MONROE COUNTY,FLORIDA .1\ BY. Mayo hair ,N vin Madok,Clerk Z)'r -bU 91/ As D uty Clerk Co") Approved as to form and content - Monroe County Attorney's Office: 3 Ci iTi Assistant County Attorney Date: 5-4-2022 Monroe County BOCC-Annual Rate Resolution—August 2022 Page 5 of 5 14 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 SOLID WASTE 1100 SIMONTON ST ROOM 2-231 KEY WEST FL 33040 Account: 420450 Ticket: 3854600 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY RESOLUTION b)To comment on an item using the COUNTY OF MONROE live Zoom webinar link: Open this live NOTICE IS HEREBY GIVEN TO WHOM Zoom webinar link @ https:Hmcbocc. IT MAY CONCERN that on August 17, zoom.us/j/82370285170 (that also ap- Before the undersigned authority personally appeared 2022,at 1:30 P.M.,or as soon thereafter pears in both the published Agenda as the matter may be heard,at the Har- and Agenda Packet). When prompt- vey Government Center,1200 Truman ed,enter your email address and name Avenue,Key West,Florida,the Board to join the webinar. When the May- Melinda Prescott who on oath says that he or she Is of County Commissioners of Monroe or calls for speakers on the item(s)on County, Florida, intends to consider which you wish to comment,or when adopting the following ordinance: the Board is nearing your item(s)as the The legal advertising representative of the Key West Citizen,a five day news- meeting progresses,select the "Raised AN ORDINANCE OF THE BOARD OF Hand"feature that appears at the bot- paper published in Key West, in Monroe County, Florida;that the attached copy COUNTY COMMISSIONERS OF MON- tom of the Zoom webinar screen to of advertisment, being a legal notice in the matter of Resolution WW Rate was ROE COUNTY, FLORIDA, CONTINUING be recognized by the Zoom webinar THE ASSESSMENTS OF WASTEWATER host. published In said newspaper In the Issues of: SERVICE TO PROPERTIES IN THE BIG COPPITT, DUCK KEY, STOCK ISLAND, The Zoom webinar host will request CUDJOE REGIONAL CENTRALIZED IN- the item#on which you wish to speak Wednesday,July 27,2022 NER AND OUTER ISLAND SERVICE AR- and enable your participation when EAS,EAST/WEST LONG KEY,NO NAME the Mayor calls for public speakers on KEY,MIDDLE/BIG TORCH KEY,AND EX- your item.To report problems with the Affiant further says that the Key West Citizen is a newspaper published in Key PANDED PARCELS WITHIN THE CUD- broadcast or participation in the Zoom West, in said Monroe County, Florida and that the said newspapers has hereto- JOE REGIONAL SERVICE AREA FOR THE webinar,please call(305)872-8831. fore been continuous) published in said Monroe County, Florida Tuesday thru EFFECTIVE TAX YEAR;AND PROVIDING AN Y p Y Y EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Saturday weekly,and has been entered as periodicals matter at the post office in Statutes,notice is given that if a person Key West, in said Monroe County, Florida,for a period of 1 year next preceding The public can participate in the Au- decides to appeal any decision made by gust 17, 2022, meeting of the Board the Board with respect to any matter the first publication of the attached copy of advertisement;and affiant further says of County Commissioners of Monroe considered at such hearings or meet- that he or she has neither paid nor promised any person,firm or corporation any County, FL by attending in person or ings,he will need a record of the pro- via Communication Media Technol- ceedings, and that, for such purpose, discount, rebate, commission or refund for the purpose of securing this advertise- ogy ("CMT') using a Zoom Webinar he may need to ensure that a verba- ment for publication In the said newspaper. platform by following the detailed in- tim record of the proceedings is made, structions below. The public is strong- which record includes the testimony ly encouraged to watch the meeting and evidence upon which the appeal is on Monroe County's MCTV on Comcast to be based. Channel 76,AT&T U-verse Channel 99 or on the County's web portal @ http:H ADA ASSISTANCE: If you are a person monroecountyfl.igm2.com/Citizens/De- with a disability who needs special fault.aspx. Simply select the "Watch accommodations in order to partici- Live" banner to view the live meeting pate in this proceeding,please contact with live closed-captioning on an inte- the County Administrator's Office, by grated page that includes the Agenda phoning(305)292.4441, between the and Agenda Backup. hours of 8:30a.m.-5:00p.m., prior to (Signature of Affiant) the scheduled meeting;if you are hear- If a citizen has a Roku device,they can ing or voice-impaired,call"711". Live search for and add "MCTV" to their Closed-Captioning is available via our Affirmed and subscribed before me this 27th day of July 2022 personal lineup. Monroe County's web portal @ http://monroecounty- "MCTV" is also provided via the Mon- fi.igm2.com/Citizens/Default.aspx for roe County mobile apps for iOS and An- meetings of the Monroe County Board droid and through our streaming web of County Commissioners. portal @ https://monroe-fl.vod.castus. tv/vod/?live=chl&nav=live. Dated at Key West, Florida,this 18TH (Notary Public Signature) day of July,2022. Citizens can listen to audio-only from (SEAL) their phones by dialing(646)518-9805 KEVIN MADOK,Clerk of the Circuit Laura M Robins or (669)900-6833 and, when prompt- Court and ex off icio Clerk of the Board (Notary Public Printed Name) ed,enter the Webinar ID 823 7028 5170 of County Commissioners of Monroe followed by the#key. County,Florida July 27,2022-KWC My commission expires 9/26/2022 The public can comment during the live 420450 3854600 Public Hearing either by phoning in or by connecting to the live Zoom webi- Personally Known X Produced Identification_ nar link using the following instruc- Type of Identification Produced (Notary Seal) tions: a)To comment on an item by phone: rvaaery Fub3 c SYaee at FrorJde Dial (646) 518-9805 or (669) 900-6833 Lauri M Ft�6ns and,when prompted,enter the Webi- nar ID 823 7028 5170 followed by the# £xpitea R38/26ID22 key,then*9 to"Raise your Hand"to be recognized by the Zoom webinar host.