Item B
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 9/1 0/03
Division:
District 1
Bulk Item: Yes
No
Department: Mayor Dixie M. Spehar
AGENDA ITEM WORDING:
Approval of a resolution of the Board of County Commissioners of Monroe County, Florida
concerning the implementation of Ordinance 027-2003 for South Stock Island by providing for an
initial payment of five percent of the $2700 per EDU capacity reservation fee for the connection to a
central wastewater collection system, and directing the County Administrator to implement the
collection of the remaining amount through a non ad valo~ assessment over a period not to exceed
twenty (20) years. e.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
The BOCC passed Ordinance 027-2003 on July 15,2003 authorizing and establishing the procedure
for imposing wastewater assessments.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
This resolution meets with staff approval.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty X OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
#:.. /7;., bh.u)
Mayor jJfxie M. Spehar
DOCUMENTATION:
Included X
To Follow
Not Required
-
DISPOSITION:
AGENDAITEM#~
Revised 1/03
Board of County Commissioners
gt:SOLUTION. t4~.
-2003
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA CONCERNING THE IMPLEMENTATION OF
ORDINANCE NO. 027-2003 FOR SOUTH STOCK ISLAND BY
PROVIDING FOR AN INITIAL PAYMENT OF FIVE PERCENT OF THE
$2700 PER EDU CAPACITY RESERVATION FEE FOR THE CONNECTION
TO A CENTRAL WASTEWATER COLLECTION SYSTEM, AND DIRECTING
THE COUNTY ADMINISTRATOR TO IMPLEMENT THE COLLECTION OF
THE REMAINING AMOUNT THROUGH A NON-AD VALOREM
ASSESSMENT OVER A PERIOD NOT TO EXCEED 20 YEARS.
WHEREAS, Sec. 15.5-2(a), Monroe County Code, provides that "The owner of an
onsite sewage treatment and disposal system must connect the system or the building's
plumbing to an available publicly owned or investor-owned sewerage system within 30 days
after written notification by the owner of the publicly owned or investor-owned sewerage
system that the system is available for connection;" and
WHEREAS, Sec. 15.5-20, defines "Available" as applied to a publicly owned or
investor-owned sewerage system to mean that the "sewerage system is capable of being
connected to the plumbing of an establishment or residence," . . . and:
1. For a residential subdivision lot, a single~family residence, or an
establishment, any of which has an estimated sewage flow of 1,000 gallons per day
or less, a gravity sewer line to maintain gravity flow from the property's drain to the
sewer line, or a 'low pressure or vacuum sewage collection line in those areas
approved foe low pressure or vacuum sewage collection, exists in a public easement
or right-of-way that abuts the property line of the lot, residence, or establishment.
2. For an establishment with an estimated sewage flow exceeding 1,000
gallons per day, a sewer line, force main, or lift station exists in a public easement or
right-of-way that abuts the property of the establishment or is within 50 feet of the
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property line of the establishment as accessed via existing right-of-way or
easements." . . .; and
WHEREAS, Ordinance No. 027-2003 defines "capacity fee" as the fee established by
a Utility Provider to fund the Capital Cost of the Wastewater Capacity attributable to a
Connection;" and
. WHEREAS, the current agreement between Monroe County and KW Resort Utilities
Corp. establishes the Capacity Reservation fee at $2,700.00 per Equivalent Development
Unit (EOU); and
WHEREAS, Ordinance No. 027-2003, at Section 2.02(A), allows a property owner the
right to elect to pay the Capacity fee, together with other allowable costs, over a set period
not to exceed twenty (20) years; and
WHEREAS, if the property owner elects to pay the capacity fee, together with other
allowable costs, over a set period of time, a condition of such election is that the property
owner must pay to the Utility Provider an "initial wastewater assessment installment" prior
to connection; and
WHEREAS, Monroe County now wishes to provide an interim definition of "initial
wastewater assessment installment," NOW, THEREFORE
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
S(:!ction 1. The Board hereby defines the initial wastewater assessment installment
to be an amount equal to Five Percent (50/0) of the Capacity Reservation Fee per EDU of
$2700.00 fur those property owners on south Stock Island who are required by the Monroe
County Code to connect to the wastewater collection and treatment system owned by KW
Resort Utilities, Inc. (the Utility Provider), when the system becomes available for
connection.
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Section 2. The Board further determines that, pursuant to Ordinance No. 027-
2003, those south Stock Island property owners who would otherwise be required to pay
the. Capacity Reservation Fee, and other allowable costs, in full, may elect to pay the
Capacity Reservation Fee, minus the initial wastewater assessment installment, plus
allowable costs, plus interest of %, over a set term not to exceed twenty (20) years
(the Term) as a non ad valorem assessment under Sec. 197.3632, FS, in exchange for both
the payment of the initial wastewater assessment per EDU to be paid to the Utility Provider
(for subsequent remittance to the County), and an executed consent and acknowledgment
agreement in a format approved by the County Attomey.
Section 3. In order to allow for the collection of the amounts from south Stock
Island property owners that elect to utilize the Annual Wastewater Assessment to begin in
fiscal year 2004-2005, the County Administrator is directed to compile the following
information as it becomes available from the Utility Provider:
a) A list of the south Stock Island Owners who have elected the privilege of
paying the Annual Wastewater Assessment and a copy of the Consent and Acknowledgment
Agreement: executed by suCh Owner;
b) Summary description of each parcel of property (conforming to the description
contained on Tax Roll) subject to the Annual Wastewater Assessment;
c) The name of the Owner of each parcel as shown on the Tax Roll;
d) The number'of EDU's attributable to each parcel;
e) The resultant total Fee attributable to each parcel;
f) The tentative amount of Annual Wastewater Assessment attributable to each
parcel;
g) Acknowledgment of receipt of the initial payment received by the Utility
Provider for each parcel of property.
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Thereafter, the County Administrator shall cause the preparation of the Initial
Assessment Roll as required by Ordinance No. 027-2003.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the
day of September, 2003.
Mayor Spehar
Mayor Pro Tern Nelson
. Commissioner McCoy
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
jresWWSI
MONROE COUNTY ATTORNEY
_ AP~:
~ JOHN R. COLLINS
~~NTY ATTORNEY
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SEP-04-03 16,41 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE
1/8
1 AMENDMENT NUMBER ONE TO THE KW RESORT UnLmES CORPORATION
2 CAPACITY RESERVATION AND INFRASTRUCTURE CONTRACT
3
4
5 This is an amendment to the Capacity Reservation and Infrastructure Contract
6 between Monroe County, a political subdivision of the State of Florida, hereafter
7 County, and KW Resort Utilities Corporation, a Florida corporation, hereafter Utility.
8 RECITATIONS
9
A.
On July 31, 2002, the parties entered a contract whereby the County
10 purchased a reservation of wastewater treatment capacity from the Utility in an
11 amount deemed sufficient to treat the wastewater generated on south Stock Island.
12
B
In consideration for the County's purchase of the reserved wastewater
13 treatment capacity the UtfHty agreed to extend its collection system through out
14 south Stock Island and to collect $2700 per EDU (equivalent dwelling unit) from
15 each property owner required by County ordinance to connect to south Stock Island
16 wastewater collection system when the system is complete.
17
C.
As provided for in the parties' July 31, 2002 contract, the $2700 is
18 intended to repay the County for the County's purchase of the wastewater
19 treatment capacity reservation and to pay for the upgrade of the Utility's Stock
20 Island wastewater treatment plant to AWT.
21
D.
Pursuant, to the parties' July 31, 2002 contract and the current
22 provision of the Monroe County Code, the $2700 is due in full from each property
23 owner upon notification of availability for connection of the south Stock Island
24 wastewater collection system.
25
E.
In recognition of the financial hardship to some property owners that
26 payment of the $2700 in full might cause the Board of County Commissioners has
SEP-04-03 16,41 FROM,MONROE COUNTY ATTY OFFICE ID,3052923516
PAGE 2/8
1 adopted an ordinance (Ordinance No. 027-2003) that would allow a property
2 owner to elect to pay the $2700 per EDU (plus ) over a period of up to 20 years
3 with annual payments collected as non-ad valorem assessments under Sec.
.. 197.3632, FS.
5 F. As a result of Ordinance No. 027-2003, an amendment to the Capacity
6 Reservation and Infrastructure Contract is necessary.
7 In consideration of the mutual promises and consideration set forth below,
8 the parties agree as follows:
9 1. The parties' July 31, 2002 contract (the original contract) is attached
10 to this contract amendment as Exhibit A and made a part of this amendment. The
11 parties acknowledge that the County in Resolution No. 595-2002 directed that the
12 Utility upgrade its Stock Island wastewater treatment plant to AWT by January 1,
13 2007 pursuant to paragraph 5 of the original contract. A copy of Resolution No.
14 595-2002 is attached to this contract amendment as Exhibit B and made a part of
15 this amendment.
16 2. Subparagraph 4A is hereby added to the original contract to read as
17 follows:
18 "A. Notwithstanding paragraphs 3 and 4, as a result of the adoption
19 of Ordinance No. 017-2003, the Utility shall:
20 (1) collect from a property owner so electing 5% of the total
21 capacity reservation that would otherwise be due and remit the 5% collected
22 to the County by the 10th day of the month following the month of collection;
23 and
SEP-04-03 16,42 FROM,MONROE COUNTY ATTY OFFICE ID,3052823516
PAGE
3/8
1 (2) obtain a written consent to payment of the capacity reservation fee
2 through the non-ad valorem collection method (on the form furnished by the
3 County) and deliver the written consent to the County.
4 The County must by June 1, 2005, determine whether the south Stock
5 Island capacity reservation fee revenue collected through the non-ad valorem
6 assessment method can legally be pledged for the repayment of bonds. If
7 the revenue is pledged, then the .$600 per EDU for AWT must be paid to the
8 Utility out of the bond proceeds within 30 days of the County's receipt of
9 such proceeds (e)(cept for the $600 per EDU COllected from property owners
10 who paid the $2700 in full). If the County chooses not to pledge the capacity
11 reservation fee revenue for the repayment of bonds, then the County agrees
12 in fiscal year 2005-2006 to levy a non-ad valorem assessment on property
13 owners electing the non-ad valorem assessment option that is sufficient to
14 generate $600 per EDU in revenue. That $600 per EDU will then be paid to
15 the Utility for the AWT upgrade. Alternatively, the County may pay the
16 Utility in fiscal year 2005-2006 the $600 per EDU (except for property
17 owners who paid their capacity reservation fees in full), out of any lawfully
18 available revenue source."
19 3. Except as provided in this amendment, in all other respects the
20 parties' original contract remains in full fot"ce and effect.
21 4. This contract amendment will take effect on the signature date of the
22 last party to e)(ecute this amendment.
23 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as
24 indicated below.
SEP-04-03 18,42 FROM,MONROE COUNTY ATTY OFFICE 10,3052823518
PAGE
4/8
1
2 (SEAL)
3 ATTEST: DANNY L KOLHAGE, CLERK
4
5
6 By
7 Deputy Clerk
8 Date
9
10
11 (SEAL)
12 Attest:
13
14
15 By
16 Secreta ry
17
18 Date
19
20 jconKWRUA
21
22
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
KW RESORT UTIUTlES CORPORATION
By
President
MONROE COUNTY ATTORNEY
~B~M:
JOHN R. COLLINS
~~UNTY ATTORNEY
D.te~ 05"1 o~
CONSENT AND ACKNOWLEDGMENT AGREEMENT
[ (1). J (the "Owner"), a [ (2) J, has executed and delivered this
Consent and Acknowledgment Agreement to induce [ (3) J ("Utility") to allow
Owner to pay the Capacity Fee due at Connection of Owner's property to Utility's
wastewater system, together with an Assessable Interest Amount and all other
Assessable Costs, in installments in the fonn of an Annual Wastewater Assessment
assessed against Owner's property over a period of [ (4) J years pursuant to
the Monroe County, Florida, Wastewater Assessment Ordinance, No. [ (5) J (the
"Ordinance"). All capitalized tenns not otherwise defined herein shall have the meanings
set forth in the Ordinance.
The Owner hereby consents and acknowledges as follows:
(1) The Owner consents to the imposition of an Annual Wastewater
Assessment, including the amount of the Capacity Fee, an Assessable Interest Amount,
and all other Assessable Costs, against the Owner's real property that has or will be
connected to the Utility's wastewater system ("Owner's Property") for a period of [(6) J
years. The Owner's Property is more specifically identified in Attachment A, which is
made a part of this Agreement. The property has a street address of
identification number of
, and a parcel
(2) Upon the execution of the Consent and AcknOwledgment Agreement, the
Owner shall pay to the Utility the Initial Wastewater Assessment Installment of $[ (7) j.
The Owner acknowledges that the total Assessable Costs, after crediting the amount of
the Initial Wastewater Assessment Installment, that will be assessed against Owner's
Property over the [ (8) J-year assessment period is $[ (9) J. The..
Assessable Costs will be divided into [ (10) J equal annual installment payments
to be collected by the Tax Collector on the ad valorem tax bill pursuant to the Unifonn
Assessment Collection Act and will include an Assessable Interest Amount calculated at
[ (11) J percent per annum. The maximum amount of the Annual Wastewater
Assessment that will be imposed against Owner's Property in any Fiscal Year without
further notice is $[ (12) j. Failure to pay the Wastewater Assessment will cause a
tax certificate to be issued against the Owner's Property which may result in a loss of
title.
(3) The Owner acknowledges that the Annual Wastewater Assessment
provides a special benefit to Owner' Property based upon the following: (1) a reduction
in the amount of costs immediately due at the time of Connection of Owner's Property to
Utility's wastewater system facilitates the ability of Owner's Property to connect to a
central sewage system on a timely basis; (2) the wastewater services and facilities to be
provided with the proceeds of the Total Assessable Costs assessed against Owner's
Property possess a logical relationship to the use and enjoyment of Owner's Property by
facilitating the development of said property and increasing the uses and enjoyment
thereof; positively affecting the marketability and market value of the Owner's Property
by the presence of a central sewage treabnent system; property and safely disposing of
1
sewage generated on Owner's Property; and enhancing Owner's Property through the
environmentally responsible use and enjoyment thereof.
(4) The Owner acknowledges that this Consent and Acknowledgment
Agreement satisfies the first class notice requirements of the Uniform Assessment
Collection Act and the Owner hereby waives the requirement of additional first class
notice each year prior to the imposition of the Annual Wastewater Assessment and its
collection on the tax bill pursuant to the Uniform Assessment Collection Act.
(5) The Owner acknowledges that the terms of this Consent and
Acknowledgment Agreement shall be deemed a covenant running with the Owner's
Property and shall be binding upon the Owner, the Owner's heirs and assigns, and shall
be recorded in the public records of Monroe County, Florida. The costs of recording
shall be paid by the Owner.
IN WITNESS WHEREOF, the Owner has executed and delivered this Consent
and Acknowledgment Agreement this _ day of , 20_.
[INSERT NAME OF OWNER]
By:
Printed name [Title]
STATE OF FLORIDA )
)
COUNTY OF MONROE )
The foregoing instrument was acknowledged before me this _ day of
,20_. by . who is personally known to me OR
produced as identification.
My Commission expires:
Name:
Notary Public, State of Florida
F:\WPDA T A\PROJECTS\Monroe CountY\03032\CONSENT
ACKNOWLEDGEMENT AGREEMENT.doc
AND
2
1. NAME
2. DESCRIBE ENTITY
3. UTILITY PROVIDER
4. INSERT TERM
5. TO COME
6. INSERT TERM
7. INmAL AMOUNT
8. INSERT TERM
9. TOTAL ASSESSABLE COST
10. TERM
11. INTEREST PERCENT
12. MAXIMUM ANNUAL ASSESSMENT
3
Exhibit A
CAPACITY RESERVAnON AND INFRASTRUCTURE CONTRACT
KW Resort Utilities Corporation
THIS CONTRACT Is entered Into this 31st day of July, 2002, by and between Monroe County,
a political subdivision of the State of Florida, whose address Is Gato Building, 1100 Simonton Street,
Key West, FL 33040 (County), and KW Resort Utilities Corp., a Florida corporation whose address Is
6450 College Road, Key West, FL 33040 (Utility), for the purchase of wastewater treatment plant
capacity reservation to serve South Stock Island and the installation and expansion for the
wastewater collection treatment system on South Stock Island. Whereby the County agrees to
proVide Initial funding for the Installation and expansion of the Utility wastewater treatment system
and the Utility agrees to provide wastewater treatment services to the residences and businesses of
South Stock Island.
IN CONSIDERATION of the mutual promises and benefits set forth below, the parties agree as
follows:
1. A. The County agrees to purchase from the Utility, and the Utility agrees to sell,
capacity at Its wastewater treatment plant sufficient to treat 1500 e.d.u.'s. The Utility agrees that
the capacity purchased Is to serve the South Stock Island area. As consideration for the purchase
the County agrees to fund the Utility's construction of the wastewater collection system on South
Stock Island , in an amount not to exceed $4,606,000, pursuant to the plans dated May 30, 2002
from Weller Engineering COrporation. The plans are attached to this contract as Exhibit A and made
a part of it. The Utility's completion of the system must be done in 16 months from the
commencement date of this contract unless delayed by acts of war, legal challenges, acts of God, or
lack of funding from the government.
B. The Utility agrees that the County will make monthly partial payments of the
construction costs of $4,606,000 to the Utility In amounts equal to the percentage of South Stock
Island Infrastructure work satisfactorily completed during the previous month. The parties agree
that the construction costs of $4,606,000 is allocated as follows:
i.
II.
Ill.
iv.
Collection system Infrastructure
Contingency amount
Engineering and engineering Inspection
COnstruction administration and legal fees
Testing
Total
$3,500,000
380,000
279,000
347,000
100.000
$4,606,000
v.
The Utility agrees that the maximum amount due it from the County under this contract is
$4,606,000. If the construction of the South Stock Island Infrastructure expansion described in
paragraph one costs In excess of $4,606,000, the excess costs are solely the responsibility of the
Utility and do not operate In any way to relieve the Utility of Its obligation to complete the
Infrastructure so that It satisfactorily collects wastewater In South Stock Island and transports It to
the Utility's plant for treatment. In order to insure that the collection Infrastructure Is satisfactOrily
completed and that all contractors (In any tier) and materialmen are paid, the Utility agrees to
purchase, or require its contractors to purchase, performance and payment bonds in a form and
amount satisfactory to the County. No payment wili be made by the County until the bonds are
purchased. The Utility must also supply the County with the names of all contractors before
payment can be made.
C. Payments to the Utility will be made as follows:
i. On the first business day of each month the Utility shall submit to the County
Engineer an invoice, in a form satisfactory to the County Clerk, for payment for
the work completed, or materials delivered, during the prior month. The
invoice must contain:
a) An engineer's certificate that the percentage of work requested for
payment has been completed in a good workmanlike manner and the
amount requested represents the percentage of work completed, or
materials delivered to the Utility for incorporation into the work provided
they are kept separate from other materials at the Utility's slte(s) and
are Identifiable as materials for Incorporation In the work authorized by
this contract, together with any supporting documentation requested by
the County Engineer.
b) Partial lien waivers for Interim payments from the contractors,
materialmen, and Utility. Final waivers are necessary for final payment.
An engineer's certificate that the South Stock Island infrastructure
expansion Is functioning satisfactorily and in accordance with the design
and performance criteria of Ex. A Is also required for final payment.
II. The County Engineer must review the Invoice and within 5 business days,
Inspect the work completed and materials delivered, and Inform the Utility in
writing of any error or omission In the Invoice and what must be done to
correct the deficiency. If the Invoice Is satisfactory he shall forwarcl the Invoice
to the County Clerk for payment. The Clerk must then promptly review the
Invoice. If the Clerk determines there Is an error or omission In the invoice, he
must Inform the Utility In writing. If the Invoice Is not returned to the Utility by
the Engineer or Clerk for correction, the Clerk must make the payment to the
Utility within 20 business days of the County Engineer's receipt of the Invoice.
A corrected Invoice need only be returned to the officer who noted the
deficiency, with a copy to the County Engineer and, If satisfactorily corrected,
shall be paid by the Clerk within 20 days of the officer's receipt of a corrected
Invoice.
iii. If there Is a dispute between the Utility and one of Its contractors which
disrupts, delays or stops the work, the County reserves the right to withhold
payment(s) until the dispute is resolved.
D. The Utility agrees to keep its financial records pertaining to this contract
accorcllng to generally accepted accounting principles. The recotds must be kept three years after
the date of the County Cler~'s, or County's Issuance of an audit for this contract.
The Utility must make Its financial records pertaining to this contract available to an auditor
employed by the COl/nty or Clerk during regular business hours (Monday-Friday, 9 AM _ 5 PM,
holidays excepted). If the auditor determines that money paid by the County to the Utility was not
spent as authorized by this contract, or that the $600 portion of the capacity reselVatlon fees
collected from property owners was not spent on AWT conversion and operating costs as required by
this contract, or that capacity reselVatlon fees collected from property owners were not remitted to
the County as required by this contract, then the Utility must repay to the County the amounts not
spent or remitted as required by this contract, together with interest calculated at the rate set forth
in Sec. 55.03, Fla. Stat., from the date the auditor determines that the funds were improperly spent
or withheld.
E. The parties agree that nothing in this contract may be construed to create
privity, or any other contractual or legal relationship however described, between the County and
2
any contractors, subcontractors, design professionals and administrative personnel, and
materialmen, of the Utility. Such persons may not seek payment from the County but only from the
Utility or the Utility's sureties.
F. The South Stock Island wastewater collection infrastructure constructed
pursuant to this contract Is, and will remain, the sole property of the Utility. Nothing in this contract
may -be construed as creating any County obligation or liability to the Utility or any third parties to
construct, maintain, repair or operate the infrastructure.
G. The payments due the Utility pursuant to this contract may be paid out of
County non-ad valorem revenue sources only. The Utility agrees that it may not seek to compel the
County to pay any amount out of ad valorem funds that may be due the Utility under this contract.
3. Utility agrees to reimburse County, to the extent of its collection of capacity
reservation fees from all new customers connecting to the vacuum sewer system to be constructed
pursuant to the plans of Ex. A. and funded by this contract. Utility shall account and pay to the
County on a monthly basis all amounts due. The capacity reservation fee is $2,700 per EDU
(equivalent dwelling unit) as set forth in the Utility's tariff filed with the Public Service Commission,
which fee shall remain at $2,700 until January 1, 2007. Notwithstanding, the foregoing Utility shall
not be required to repay the County the advanced funds unless there are monies generated by
connections to the South Stock Island wastewater collection Infrastructure project and only to the
extent of collections from that project.
4. Utility agrees to repay the funds advanced by County for the construction of the South
Stock Island wastewater collection infrastructure project. Utility's obligation of repayment is limited
to the capacity reservation fees collected by the Utility from new customers connecting to the
project. Utility shall account for the collection of new customer capacity reservation fees on a
monthly basis. Utility shall pay to the County the total sum of the new customer capacity
reservation fees collected during any month by the fifth business day of the succeeding month.
Utility has neither the authority nor the obligation to enforce the mandate of the State of Florida or
to require the owners of residences and businesses of South Stock Island to abandon their current
wastewater treatment system and connect to the wastewater collection Infrastructure project.
5. Utility further agrees to convert Its wastewater treatment system to Advanced Waste
Water Treatment (5-5-3-1), hereafter AWT, by January 1, 2007 provided that the County so
requests and that UtlJ/ty Is allowed to recapture the costs of Its conversion to AWT and increased
operating costs by a resolution of the County Commission. Such resolution requesting that the
Utility convert to AWT and that allows Utility to recapture the costs of Its conversion to AWT and
increased operating costs must be adopted before January 1, 2003. Any repayment of funding by
the County to construct the project from the collection of new capacity reservation fees shall be
proportionally discounted and reduced by the Utility's cost of conversion to AWT standards. Utility
Shall be allowed to retain a fixed fee of $600 per capacity reservation fee (EDU) from the project to
cover the Incremental cost of conversion and Initial AWT operation. The net amount due to the
County from the collection of any new capacity reservation fees would be equal to $2,100 (capacity
reservation fee $2,700 per EDU less discount for AWT conversion $600). Any connection fees
collected from users of the existing wastewater collection system who connected to that system prior
to the effective date Qf this contract, and which fees were reserved for AWT, must be spent on AWT.
The Utility agrees to complete the AWT upgrade at its own expense If the fees collected for the
upgrade under this paragraph do not cover the total cost of the upgrade. The Utility agrees to use
Its best efforts to require the property owners of South Stock Island to connect to the new collection
Infrastructure. If the owner of a property required to connect to the new collection system refuses
to do so, the Utility shall refer the refusal to the County which may use any available legal or
equitable remedy to compel connection.
6. Utility agrees not to add the construction cost funded by the County to its cost basis
utilized by the Public Service Commission to calculate a reasonable return on invested capital. Utility
3
further agrees not to use the advances in calculating any impact fees, connection charges or any like
charges imposed on Utillty's customers, i.e., that the advances will be applied as a credit against
such fees otherwise charged.
7. The Utility agrees to indemnify and hold harmless the County, members of the County
Commission, County officers and employees, and County contractors, from any acts or omission
committed by the Utility's officers, employees, and contractors (of any tier) during ~he course of
performing the work required by this contract. This paragraph will survive the completion of the
work. The purchase of the insurance required by paragraph 8 does not vitiate this
Indemnification/hold harmless paragraph.
8. During the term of this contract the Utility must keep In full force and effect the
insurance set forth in Exhibit B. Exhibit B Is attached to this contract and made a part of It.
9. The Utility warrants that he/It has not employed, retained or otherwise had act on
his/Its behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee In violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the County may, In its discretion, terminate this
contract without liability and may also, In its discretion, deduct from the contract or purchase price,
or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
10. This contract Is governed by the laws of the State of Florida. Venue for any litigation
arising under this contract must be in a court of competent jurisdiction In Monroe County, Florida.
In the case of litigation, the prevailing party is entitled to costs plus a reasonable fair market value
attorney's fees.
11. The parties agree that this written contract represents their final mutual
understanding and replaces any prior communications or representations between the parties,
whether written or oral. This contract may only be modified In a writing agreed to, and executed by,
both parties.
12. County hereby agrees to grant perpetual R.O.W. easements to Utlllty for the
wastewater collection Infrastructure contemplated by Exhibit A, as long as such easements are used
for wastewater collection Infrastructure. The County agrees to provide the Utility access to existing
County Stock Island rights-of-way necessary for construction. The County also agrees to and hereby
does permit this project without any additional permitting requirements.
13. Because County will repave the following streets following project completion, after
Installation of the pipes and other subterranean Infrastructure under the streets and R.O.W. County
will only require that Utlllty,or its contractors to backfill, compact and level street trenches for the
following streets.
STREET
Front
Cross Street
5th Street
5th Avenue
4th Avenue
3111 Avenue
Sunshine (B)
2nd Avenue
2nd Avenue
2nd Terrace
2nd Street
Peninsula Avenue
Peninsula Avenue
fBQM
utility
US 1
US 1
End (radio station)
5th Avenue
End past Sunshine
3111 Avenue
Sunshine (B)
3111 Street
3111 Avenue
3111 Avenue
End Peninsula Marine
Maloney Avenue
IQ
End
12th Avenue
12th Avenue
4th Avenue
Maloney Ave. (excluding Maloney Intersection)
4th Avenue
2nd Avenue
3111 Street (excluding 3111 St. Intersection)
Maloney Avenue
2nd Avenue
1st Avenue
Maloney Ave. (excluding Maloney intersection)
End by HICkory House
4
14. This contract is binding on the heirs, successors, and assigns of the parties and shall
bind such heirs, succ;essors and assigns as if they were the original parties to this contract.
15. The Utility warrants and represents that:
A. its existing facilities, and facilities to be constructed, are, and will be, in
compliance with all applicable environmental permits, laws, rules, and orders;
B. the contract is Utility's legal and binding obligation, enforceable against it in
accordance with its terms;
C. Utility has taken all necessary corporate actions to approve, enter Into, become
bound by, and perform the Contract;
D. Utility holds all necessary permits, certificates, licenses, and authorizations
from the PSC and any environmental regulatory agency with jurisdiction over the Utility and the new
South Stock Island Infrastructure; and
E. Utility's current rates, Including Its capacity reservation fees, have been duly
approved by the PSC.
16. The Utility shall be deemed In default under this Contract in the event that, and as
soon as, any of the following occurs:
A. Utility falls to perform any obligation to the County under this Contract as and
when due;
B. Utility faUs to reimburse or pay to the County, as and when due, any amount to
which the County is or becomes entitled under this Contract or otherwise;
C. Utility breaches any representation or warranty to the County in this Contract
or in any related agreement or Instrument;
D. Utility falls to obtain any license, permit certificate, or order that It needs to
construct and operate, as planned, the expansion of its system contemplated by this Contract, or
any such license, permit, certificate, or order is rescinded, revoked, suspended, or nullified, or is
modified in a materially adverse respect;
E. The Florida PSC declines or refuses to approve any rate, rate plan, or rate
change that Utility proposes, requests, or needs to construct and operate the Stock Island
infrastructure or to operate profitably;
F. Utility becomes Insolvent, or ceases to pay Its debts and obligations as and
when due, or becomes the subject of a petition filed under the United States Bankruptcy Code; or
G. a receiver or similar custodian Is appointed for Utility, Its Stock Island facilities,
or any substantial part of Its business or properties.
17. In the event that Utility is in default under this Contract and falls to remove or cure
such default within 30 business days after written notice thereof by the County, then the County
may take any or all of the following actions, In any combination and order, all In the County's sole
discretion and without limiting any other rights or remedies that the County may have under this
Contract or applicable law In, the circumstances:
A. terminate this Contract and the County's performance, duties, and obligations
hereunder;
B. suspend or refuse to make any or all further payments to Utility that otherwi~e
might or would be or become due or payable to Utility under this Contract;
C. exercise Its rights under any performance, payment, or surety bond or similar
agreement or policy that Utility or the County may have;
D. assume responsibility for and control over completion of construction of the
Stock Island Infrastructure and facilities;
E. require Utility to furnish collateral satisfactory in form and amount to the
County;
F. file a complaint or initiate a proceeding with the Florida PSC;
G. initiate a suit for any and all available monetary damages and injunctive and
equitable relief and remedies in any court of competent jurisdiction; and .
H. file a petition with any such court for appointment of a receiver for some or all
of Utility's facilities and properties, and recommend a person or entity to serve in such capacity.
5
18. This contract commences on the signature date of the last party to sign it.
19. All communication of the parties required by this contract shall be In writing and
addressed to:
~. .."(;i".. ...~..~. '.-J~,_Monroe County Administrator
~~._~\~))~OO Simonton Street
..~~iJrt:::~~ West, FL 33040
.?.i-V \ \.r.
- 't
~ WHEREOF, the parties hereto have set their hands and seals the day and year
KW Resort Utilities Corp.
6450 College Road
Key West, FL 33040
By ~o.U-C. ~yj~
Deputy Clerk ./
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mav4,person
L. KOLHAGE, CLERK
(SEAL)
ATTEST:
KW RESORT UTlUTlES CORP.
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COMPLETE SET OF EXHIBIT A PLANS ARE ON FILE IN THE CLERK'S OFFICE
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VEmCLE LlABILrn'
INSURANCE REQUIREMENTS
It'OR
CONTRACT
BETWEEN
MONROE COUNlY. noRmA
AND
R~8 that the worJc govcmed by thiS contract requires tbe use ofvebicJa, the Contractor,
prior to the commencemcm of wor~ shall obtain Vehicle Liability Insurance. ~ sI1all be
maintained throughout the life oftbo contrac:t aDd indude. as a minimum, liability covcrag.; for:
· Owned, Non-owned, and Him1 Vehicles
Tho minimum limits acceptable abaU be:
$1,000,000 Combined Sinsfe limit (CSL)
If split limits are provided, the minimum limits a<<.eptable shaU be:
S SOO,OOO per Person
$1,000,000 per ~
$ 100,000 Propaty Damage
The Monroe County Boani otCounty Commissioners d1aU be named as Additional In5UfCd 00 all
policies issued to satisfy the above requirements.
VL3
AdaWtisanlian InstrudiEID
14'709_3
12
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e 1.1.101- 0 Hi 1i)[J
ees:o[ 20 22 Inr
JUJ..,-;J1/J-1/J2 Hib I/JI/J- FROM., MONROE. COUNTY- A-TTY. OFFI~E----I-D-.-30S2923S't1i- ---'---____.___ h -PACE----B.i"'II--'-~-
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INSTALLAnON PLOATER
lNSUR;\NCE REQUIREMENTs
)lOR
CONTRAcr
BETWEEN
MONROE COUNTY, FLORIDA
~
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i
The Conmactor shall be RQUirecl to IJW'Chasc and mamtaiD throughout the life orthe ~ and
until the pmjca is aa;cprc:d by the County, IDStaflIlion lnsurucc providiua ~c Ifor
machinery aDd equipmens. &OVemed by tJais C'.ODtnK:t, wbiIc being tnnsportcd, iD.\1IUcp IIIId tested.
I
A3 a minimum. tovetagc shaU iacJude:
Pire
Explosion
Civil Commotion
Aircnft
Lightning
CoUap$C
VAndensm
flood
W"aadstorm
Strikes
Malicious Mischief
H4i.l
Ribts
VebirJcs
I
The policy limits shall be no less than the amount oribe machinery or equipment bein, installed.
I
The MolU'OC County Board of County CommissioOCl"$ shall be named as Additional .'~surcd and .
Loss Payee as their intCR3t may appear.
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PACE 10/ II
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BlJILDER'S RISK
INSlJItANCE ~UlUMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
j AND
The Contractor shaD be ~uircd to purchase and maintain. tbroushout the life of the conttaa.
and until the project is accepted by the County. Bu.iI~s Risk Wuraucc on an AD Risk o~Loss
fom. Coverage Iha1l include:
Theft
Hail
P.xplosion
Riot
evil Commotion
Vehicles
Aircraft
Smoke
Fife
CoDapsc
Flood
The policy limits shaD be no less than the amount of the finished project ancl ~wragc shGll be
provided 011 a completed vaNe basis. :
J
Property located Oil the oonstrudion premises, which is intended to become a permanent pm of
the buildiD& shall be included u property covered. ;
The policy sbaJl be endorsed permitting the CoWlty to occupy the building prior to compl~on
without effecdng the covense. I
The Monroe Couaty Board or County Commissioners &haJJ be: named as AdditionallDsured and
I
Loss Payee. .
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PAGE 1'1'" II'L
IN Uieiee
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WORKUS' COP4PENSATION
IN~CE llEQUJRl:MDTs
FOR
CONTRAcr
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the COllUDClJCCQJc:at of work govaned by this colItJact" the CoDlractor WlI obtiin
Workers' CompalSlUon Insurance with limits IdfJiQeat to I"C:SpOnd to the applicable ltatb statutes.
!
In adclition, the Contractor shall obtain Employcn'Liability Insutance with limits of not Icss than~
$1,000,000 Bodily !Diu!}' by Accidc:ut
SI.ooo.ooo BodiJy lI\juJy by DilCUC, policy 6lnita
$1,000,000 Bodily lajury by ~ eacl1 employee
Coverage shaD be maintained throughout the entire term oftbe CODttact.
Coverage shalJ be providocl by a campaay or compaaies authorized to tl'lllSlCt business ~ft the
. state of Florida .
If the Conuaetor hu beea ..,prowd by the Rorida's Oepartmeat ofI..eboc. as an authOJi2ed self.
inSwer. the ~ shall recognize and honor the ContDctor's status. ne Ccmtraaorqay be
required to submit a Letter of Authorization issued by the Oepanment of Labor and a qertificale
of Insunnce" providing details OD the Contractor's: ~ Imurancc Prognm. .
Ifthe Conuaccor participates in II IOIf-insurance fund. a Certificate ofllllUr'UCe will be ~uired.
In addition. the COntractor may be n:quircd to submit updated fioanciaISWcmcots from die fund
upon request from the County. I
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PACE ?,/ 1 1
19'J6 ~~
--
GENERAL LIABILITY
INSURANCE ~VJR:f;MDrrs
JlOR
CONTRACI'
BE1WEEN
MONROE COUNTY, FLORIDA
AND
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Prior to the commenc:omenr. oCworJc Bovemed by thi$ tOfttract. the CoatractOl" shall obtain
General Liability Insurmc:e. CowragC dtalJ be maintained throughout the life ofthe con. ancl
include. as a minimum: I
. Premises Operations i
· Produc;t$ aDd Completed OporatioDS
· Blanket Contractual Liability. .
· PersonallDjury Liabitily
· Expanded De6aition ofPropCrty Damage
The minimum limits accepr.ble sbaU be:
SI~OOO~OOO QJmbined Single Limit (CSL)
If split limits arc provided. the minimum limits acceptable shall be:
.-.
$ 500.000 per Person
$ 1,000,000 F Occurrence
S 100,000 Property Damage
An QCWlTcnc:e Form po6c;y js prcfcrmI, If cowtq;e is provided Oft a Claims Made poQcy, Us
provisioDs should include co~ for daims filed. on or after the e:fFCldivo due oftlaia _tract.
In addition, the period for which daim$ may be teportccl should cxtCDd fo.. a minimum qftwc1ve
(12) momhs foUowing the IICCICptaDCe ofwurk by the County. i
The Monroe ~ Board of County CommWiOlM:rS sbaJI be: named as Additional InJcc. 00 BJI
policies issued to satisfY the ebove rcquiR:mcnts. ~
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GL3
AtlmatillCndicla JNtIuctiaD
.47093
"
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2t.etr-!;S2 (SOE)
el"'CW-oun.a
.E~IOI 20 22 T"1
,- \fhibi+ B
1996 Edition
MONROE COUNTY, FLORIDA
mSURANCECHECKL~T
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
to assist in the development of your proposal, the insumnce coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have himlher sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WCl
WC2
WC3
WCUSLH
WCJA
X
X
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$500,000/$500,000/$500,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
INSCKLST
Administration lnstruction
#4709.3
4
1996 Edition
GENERAL LIABILITY
. As a minimum, the required general liability coverages will include:
· Premises Operations
· Blanket Contractual
· Expanded Definition
of Property Damage
.
.
Products and Completed Operations
Personal Injury
Required Limits:
GLl
GL2
GL3
GL4
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
x
Required Endorsement:
GLXCU
GLLIQ
GLS
Underground, Explosion and Collapse (XCV)
Liquor Liability
Security Services
All endorsements are required to have the same limits as the basic policy.
INSCKLST
Administration Instruction
#4709.3
5
r.' . ,,,',
1996 Edition
VEillCLE LIABILITY
. As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired Vehicles
Required Limits:
VLl
$50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
VL2
VL3
x
VL4
NUSCELLANEOUSCOVERAGES
BRI X
MVC
PRO I
PR02
PR03
POLl
POL2
POL3
EDI
ED2
GKI
GK2
GIG
Builders'
Risk
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
$ 250,000 per Occurrencel$ 500,000 Agg.
$ 500,000 per Occurrencel$I,OOO,OOO Agg.
$1,000,000 per Occurrencel$2,000,000 Agg.
$ 500,000 per Occurrencel$I,OOO,OOO Agg.
$1,000,000 per Occurrencel$2,000,000 Agg.
$5,000,000 per Occurrencel$IO,oOO,OOO Agg.
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
INSCKLST
Motor Truck
Cargo
Professional
Liability
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
Administration Instruction
#4709.3
6
1996 Edition
MEDl Medical $ 250,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg.
oMED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg.
IF X Installation Maximum value of Equipment
-- Floater Installed
VLPl Hazardous $ 0 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of Property
HKLl Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
AIRl Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AEOl Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrence/$I,OOO,OOO Agg.
AE03 $ 1,000,000 per Occurrence/$3,000,000 Agg.
EOI Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg.
E02 & Omissions $ 500,000 per Occurrence/$I,oOO,OOO Agg.
E03 $ 1,000,000 per Occurrence/$3,000,000 Agg.
Administration Instruction
#4709.3
INSCKLST
7
;... .."-;;'';.::.?\~;:~'T.~-~~
I 996 Edition
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are _ Occurrence
Claims Made
Insurance Agency
Signature
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
INSCKLST
Administration Instruction
#4709.3
8
Exhibit B
Marine Resources
RESOLUTION NO. 595 2002
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS REQUESTING THAT THE KEY WEST
RESORT UTILITY (KWRU) CONVERT ITS WASTEWATER
TREATMENT PLANT TO MEET A WT STANDARDS (553 1),
THAT KWRU BE ALLOWED TO RECOVER
CONSTRUCTION AND OPERATIONIMAINTENANCE
COSTS ABOVE AND BEYOND FUNDS ADVANCED TO
KWRU ($600.PER EDU) FOR MAKING THE CONVERSION,
AND THAT KWRU OBTAIN PERMITS FOR THE
TREATMENT PLANT UPGRADE AS APPROPRIATE BY NO
LATER THAN THE JANUARY 1, 2007 DEADLINE
ESTABLISHED IN THE COUNTY'S CONTRACT WITH
KWRU.
WHEREAS, the County approved a contract with Key West Resort Utility
(KWRU) on July 31, 2002; and
WHEREAS, the contract establishes that the County may request that
KWRU upgrade its wastewater treatment plant to meet A WT standards (5 5 3 1),
and
WHEREAS, the contract provides that KWRU is allowed to recover costs
associated with the upgrade above and beyond the funds advanced to the Utility by
the County ($600 per EDU), namely additional conversion costs and higher plant
operation and maintenance costs; and
WHEREAS, the conversion to A WT will provide cesspits credits for use in
the lower Keys important to allowing the immediate use of all permit allocations,
now therefore,
BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA THAT:
Section 1. KWRU is requested to begin immediately to convert its wastewater
treatment plant to meet A WT standards (5 5 3 1).
KWRU 5531./21802
11/27/02 I :34 PM
Marine Resources
Section 2. KWRU should obtain permits for the treatment plant upgrade
immediately, if possible, in order to meets its construction deadline well in
advance of the January 1, 2007 deadline established in the County's contract
with KWRU.
Section 3. KWRU is allowed to recover costs of the conversion to A WT (both in
construction and operation and maintenance costs), above and beyond the $600
amount per EDU advanced to KWRU by the County for the conversion).
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held onthe 18th day
of December, A.D., 2002.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
ye.1'l
yes
yes
ypl'l
YWil
BOARD OF COUNTY COMMISSIONERS
MONROE~O~TY~~OroDA
~/~)~ ///. ~
BY:
MA YOR/CHAIR PERSON
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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KWRU 5531.121802
1//27/021:34 PM
ORDINANCE NO. 027-2003
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA;
RELATING TO THE PROVISION OF WASTEWATER
SERVICES AND FACILITIES IN MONROE COUNTY,
FLORIDA; AUTHORIZING THE IMPOSITION AND
COLLECTION OF WASTEWATER ASSESSMENTS
AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS
INCLUDING A DEFINITION FOR THE TERM
''WASTEWATER ASSESSMENr'; ESTABLISHING A
PROCEDURE FOR IMPOSING WASTEWATER
ASSESSMENTS; PROVIDING THAT WASTEWATER
ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED
PROPERTY UPON ADOPTION OF ASSESSMENT ROLL;
PROVIDING THAT THE LIEN FOR A WASTEWATER
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; PROVIDING A PROCEDURE FOR
COLLECTION OF WASTEWATER ASSESSMENTS;
PROVIDING A MECHANISM FOR THE IMPOSITION OF
ASSESSMENTS ON GOVERNMENT PROPERTY;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
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"Assessed Property" means all parcels of land included on the Assessment Roll
that receive a special benefit from the delivery of the wastewater services and facilities
identified in the Initial Assessment Resolution or the Annual Rate Resolution.
"Assessment Interest Amount" meaJ)S-the annual interest rate charged against
the unpaid Assessable Costs by a UtilitY Provider ,pursuant to a duly enacted resolution.
"Assessment Roll" means the 'SpeGfal assessment roll relating to a Annual
Wastewater Assessment approved by a Final Assessment Resolution pursuant to Section
2.06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof.
"Board" means the Board of County Commissioners of Monroe County, Florida.
"Building" means any structure, whether temporary or permanent, built for support,
shelter or enclosure of persons, chattel, or property of any kind, inClUding mobile homes.
This term shall include the use of land in which lots or spaces are offered for use, rent or
lease for the placement of mobile homes, travel trailers, or the like for residential purpos~.
"Capacity Fee" means the fee established by a Utility Provider in the Utility Rate
Resolution to fund the capital cost of the wastewater capacity attributable to a Connectio",
"Clerk" means the Clerk of the Circuit Court for Monroe County, Florida, as
ex-officlo Clerk of the Board and such other person as may be duly authorized to act on
his or her behalf.
"Connection" means the physical interconnection of a Building's sanitary sewer
system to a central sewage system provided by a Utility Provider.
"Consent and Acknowledgment Agreement" means the agreement, required as
provided in Sections 2.02 and 2.03 of this Ordinance, as a condition precedent to the
Owner receiving the privilege of paying the Assessable Costs in installments as an Annual
Wastewater Assessment rather than as a lump sum at the time of Connection. The
3
Consent and Acknowledgment Agreement shall provide for the consent of the Owner to
the imposition of an Annual Wastewater Assessment against the Owner's property,
acknowledge the total Assessable Costs, acknowledge the amount and use of the Annual
Wastewater Assessment, confirm the benefit accruing to the Owner's Property from the
Assessable Costs and the imposition of the Annual Wastewater Assessment, confirm the
Assessment Interest Amount, confirm the Wastewater Assessment Term for the
installment payment of the Annual Wastewater Assessment, acknowledge the maximum
Annual Wastewater Assessment and that failure to pay the Annual Wastewater
Assessment will cause a tax certificate to be issued against the Owner's property which will
result in a loss of title under the Uniform Assessment Collection Act, and waive the
provision of first class mailed notice provided for under the Uniform Assessment Collection
Act.
"County" means Monroe County, Florida.
"County Administrator" means the chief administrative officer of the County,
designated by the Board to be responsible for coordinating the Annual Wastewater
Assessments, or such person's designee.
"Final Assessment Resolution" means the resolution described in Section 2.06
hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which
shall be the final proceeding for the initial imposition of Annual Wastewater Assessments.
"Fiscal Year" means that periOd commencing October 1 st 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.
4
"Government Property" means property owned by the United States of America
or any agency thereof, a sovereign state or nation, 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 Section 2.02
hereof which shall be the initial proceeding for the identification of the Assessable Costs
for which an assessment is to be made and for the imposition of a'n Annual Wastewater
Assessment.
"Initial Wastewater Assessment Installment" means the initial installment in the
Wastewater Assessment Term required to be paid at the time of the execution of a
Consent and Acknowledgment Agreement as a condition for an Owner to exercise the
privilege to pay the Assessable Costs in installments as provided in Section 2.03 of this
Ordinance.
"Initial Wastewater Assessment Notice" means the initial certification provided
by a Utility Provider required under Section 2.02 of this Ordinance for the preparation of
the Initial Assessment Resolution.
"Ordinance" means this Wastewater Assessment Ordinance, as amended from
time-to-time.
"Owner" means 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.
"Property Appraiser" means the Monroe County Property Appraiser.
5
"Supplemental Annual Wastewater Assessment" means a new Annual
Wastewater Assessment not included or the Initial Assessment Roll certified by the Utility
Provider or in a Supplemental Wastewater Assessment Notice previously certified by the
Utility Provider pursuant to Section 2.08 of this Ordinance.
"'Supplemental Wastewater Assessment Notice"' means the certification required
under Section 2.08 of this Ordinance for the preparation of an Annual Rate Resolution
provided by the Utility Provider for Fiscal Years subsequent to the Fiscal Year in which the
Initial Assessment Resolution is prepared.
"'Tax Collector"' means the Monroe County Tax Collector.
"'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.
"'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.
""Utility Rate Resolution" means the schedule of rates, fees, and charges duly
approved by the Board or by a Utility Provider.
""Utility Provider"' means all publicly owned wastewater utilities operating in the
unincorporated area of the County and all privately owned wastewater utilities operating
within the unincorporated area of the County where the County has purchased utility
capacity from that utility, including, but not limited to, the Florida Keys Aqueduct Authority,
the Key largo Wastewater Treatment District and the KW Resort Utility operating within
South Stock Island.
6
"Wastewater Assessment Term" means the number of installments, excluding the
Initial Assessment Installment, that an Annual Wastewater Assessment is to be imposed
as documented in the Initial Wastewater Assessment Notice or a Supplemental
Wastewater Assessment Notice. The Wastewater Assessment Term shall not exceed a
time period of twenty (20) years.
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 sense indicates otherwise.
SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined,
and declared that:
(A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125.01
and 125.66, Florida Statutes, the Board has all powers of local self-government to perform
county functions and to render county services in a manner not inconsistent with law, and
such power may be exercised by the enactment of County ordinances.
(B) A reduction in the amount of costs due at the time of Connection from the
Owners of properties required to connect to a central sewage system by the availability of
an Annual Wastewater Assessment option that permits Assessable Costs to be paid over
a period of years provides a special benefit to property and encourages properties to
connect to a central sewage system on a timely basis.
(C) The Annual Wastewater Assessment authorized by this Ordinance provides
an equitable method of funding the Assessable Costs.
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(D) The purpose of this Ordinance is to (1) provide procedures and standards for
the imposition of an Annual Wastewater Assessment by the County under the general
home rule powers of a county to impose special assessments; (2) identify the Assessable
Costs to be collected in installments by the imposition of the Annual Wastewater
Assessments; (3) authorize a procedure for the funding of wastewater facilities providing
special benefits to property within the County; and (4) legislatively'determine the special
benefit provided to Assessed Property from the provision of wastewater facilities and
services.
(E) The Annual Wastewater Assessment, to be imposed using the procedures
provided in this Ordinance, shall constitute non-ad valorem assessments within the
meaning and intent of the Uniform Assessment Collection Act.
(F) The Annual Wastewater Assessment to be imposed using the procedures
provided in this Ordinance are imposed by the Board, not the Clerk, Property Appraiser or
Tax Collector. The duties of the Clerk, Property Appraiser and Tax Collector under the
provisions of this Ordinance and the Uniform Assessment Collection Act are ministerial.
SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT.
It is hereby ascertained and declared that the wastewater services and facilities comprising
the Assessable Costs provide a special benefit to property because wastewater services
and facilities possess a logical relationship to the use and enjoyment of improved property
by: (1) facilitating the development of property and increasing the use and enjoyment
thereof; (2) positively affecting the marketability and market value of the property by the
presence of a central sewage treatment service; (3) properly and safely disposing of
sewage generated on improved property; and (4) enhancing improved property through the
environmentally responsible use and enjoyment of the property.
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ARTICLE II
ANNUAL WASTEWATER ASSESSMENTS
SECTION 2.01. GENERAL AUTHORITY.
(A) The Board is hereby authorized to impose an Annual Wastewater
Assessment to fund all or any portion of the Assessable Costs upon benefitted property
at a rate of assessment based on the special benefit accruing to'such property from a
Utility Provider's provision of wastewater services and facilities. All Annual Wastewater
Assessments shall be imposed in conformity with the procedures set forth in this Article II.
(B) Annual Wastewater Assessments shall be imposed for a term of years, not
to exceed twenty (20) years, in equal annual amounts sufficient to pay the Assessable
Costs and the Assessment Interest Amount.
(e) Nothing contained in this Ordinance shall be construed to require the
imposition of an Annual Wastewater Assessment against Government Property.
SECTION 2.02. INITIAL PROCEEDINGS.
(A) At the time of Connection, an Owner shall pay directly to the Utility Provider
the Capacity Fee required by the Utility Provider under its . utility service rules and
regulations as a condition of Connection or an Owner may elect to pay the Capacity Fee
together with an Assessable Interest Amount and all other Assessable Costs in
installments in the form of an Annual Wastewater Assessment assessed against such
property over a set period not to exceed twenty (20) years. In the event a property Owner
elects the privilege to pay an Annual Wastewater Assessment in installments, such Owner
will sign a binding Consent and Acknowledgment Agreement with the County prior to
Connection and shall pay the Initial Wastewater Assessment Installment as required in
Section 2.03 of this Ordinance.
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(B) As a condition pursuant to the initial imposition of an Annual Wastewater
Assessment, the Utility Provider shall certify to the County, prior to June 1, an Initial
Wastewater Assessment Notice containing the following information:
(1) A list of the Owners who have elected the privilege of paying the
Annual Wastewater Assessment in installments and a copy of the Consent and
Acknowledgment Agreement executed by such Owner;
(2) Summary description of each parcel of property (conforming to the
description contained on the Tax Roll) subject to the Annual Wastewater Assessment;
(3) The name of the Owner of each parcel as shown on the Tax Roll;
(4) The Assessable Costs attributable to each parcel;
(5) The Annual Wastewater Assessment amount;
(6) The term of years for the installment payment of the Annual
Wastewater Assessment;
(7) The applicable Assessment Interest Amount; and
(8) Acknowledgment of receipt of the Initial Wastewater Assessment
Installment for each parcel of property.
(C) Thereafter, the initial proceeding for the imposition of an Annual Wastewater
Assessment shall be the adoption of an Initial Assessment Resolution by the Board, (1)
describing the properties electing to pay the Assessable Costs in installments by the
imposition of an Annual Wastewater Assessment, (2) determining the Assessable Costs
to be assessed against each property, (3) establishing the Annual Wastewater Assessment
amount for the ensuing Fiscal Year, (4) confirming the Wastewater Assessment Term; and
(5) directing the County Administrator to (a) prepare the initial Assessment Roll, as required
by Section 2.04 hereof, and (b) publish the notice required by Section 2.06 hereof.
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SECTION 2.03. CONDITIONS ON ELECTION TO PAY THE ASSESSABLE
COSTS IN INSTALLMENTS. As a condition pursuant to the Owner receiving the privilege
of paying the Assessable Costs in installments the County and the Owner shall enter into
a Consent and Acknowledgment Agreement and the Owner shall pay to the-Utility Provider
the Initial Wastewater Assessment Installment.
SECTION 2.04. INITIAL ASSESSMENT ROll.
(A) The County Administrator shall prepare, or direct the preparation of, the initial
Assessment Roll, 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.
(3) The amount of the Annual Wastewater Assessment to be imposed
against each such parcel of Assessed Property.
(B) The initial Assessment Roll shall be retained by the County Administrator and
shall be 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 Annual Wastewater Assessment
for each parcel of property can be determined by use of a computer terminal available to
the public.
SECTION 2.05. NOTICE BY PUBLICATION. Upon completion of the initial
Assessment Roll, the County Administrator shall publish, or direct the publication .of, once
in a newspaper of general circulation within the County a notice stating that at a meeting
of the Board on a certain day and hour, not earlier than 20 calendar days from such
publication, which meeting shall be a regular, adjourned, or special meeting, the Board will
hear objections of all interested persons to the Final Assessment Resolution and approve
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the aforementioned initial Assessment Roll. The published notice shall conform to the
requirements set forth in the Uniform Assessment Collection Act.
SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the
public hearing as noticed pursuant to Sections 2.05 hereof. or to which an adjournment or
continuance may be taken by the Board. the Board shall receive any oral or written
objections of interested persons and may then. or at any subsequent meeting of the Board
adopt the Final Assessment Resolution which shall (A) confirm, modify. or repeal the Initial
Assessment Resolution with such amendments. if any. as may be deemed appropriate by
the Board; (B) impose the Annual Wastewater Assessment; (C) approve the initial
Assessment Roll. with such amendments as it deems just and right; and (D) determine the
method of collection. The adoption of the Final Assessment Resolution by the Board shall
constitute a legislative determination that all parcels assessed derive a special benefit from
the wastewater services and facilities. to be provided or constructed and a legislative
determination that the Annual Wastewater Assessment is fairly and reasonably
apportioned among the properties that receive the special benefit. All written objections
to the Final Assessment Resolution shall be filed with the County Administrator at or before
the time or adjourned time of such hearing. The Final Assessment Resolution shall
constitute the Annual Rate Resolution for the initial Fiscal Year in which an Annual
Wastewater Assessment is imposed or reimposed hereunder.
SECTION 2.07.
EFFECT OF FINAL ASSESSMENT RESOLUTION. The
Annual Wastewater Assessment 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 reasonableness of the legislative determination of special benefit and fair
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apportionment to the Assessed Property; the reasonableness of the method of
apportionment; the enforceability and accuracy of the calculation of the initial rate of
assessment and the preparation of the initial Assessment Roll; and the validity and
enforceability of the lien of the Annual Wastewater Assessment), unless proper steps shall
be initiated in a court of competent jurisdiction to secure relief within 20 days from the date
of the 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, as
required by the Uniform Assessment Collection Act, or if the alternative method described
in Section 3.02 hereof is used to collect the Annual Wastewater Assessments, such other
official as the Board by resolution shall designate.
SECTION 2.08. 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 during the Wastewater
Assessment Term.
(B) As the initial proceedings for the adoption of an Annual Rate Resolution the
Utility Provider shall certify prior to June 1 of each Fiscal Year a Supplemental Wastewater
Assessment Notice containing the following information:
(1) For each Supplemental Annual Wastewater Assessment: (a) summary
description of the parcel subject to the assessment (conforming to the description
contained on the Tax Roll); (b) the name of the Owner of the parcel assessed as shown
on the Tax Roll; (c) the Assessable Costs, Annual Wastewater Assessment amount,
Wastewater Assessment Term and Assessment Interest Amount attributable to the
assessed parcel for the Supplemental Annual Wastewater Assessment; and (d)
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acknowledgment of the receipt of the Initial Wastewater Assessment for t"e parcel subject
to the Supplemental Annual Wastewater Assessment;
(2) Any deletions of an Annual Wastewater Assessment imposed against
a parcel of property or a previously adopted Assessment Roll as a consequence of the
prepayment of unpaid Assessable Costs pursuant to any right of prepayment provided by
resolution.
(C) Based on the information provided in the Supplemental Wastewater
Assessment Notice, the Board shall adopt an Annual Rate Resolution:
(1) Authorizing the date, time, and place of a public hearing to receive and
consider comments from the public and consider the adoption of the Annual Rate
Resolution for the upcoming Fiscal Year; and
(2) Directing the County Administrator to (a) update the Assessment Roll,
(b) provide notice by publication pursuant to Section 2.05 herein (c) provide notice by first
class mail to affected Owners in the event circumstances described in subsection (E) of
this Section so require, and (d) directing and authorizing any supplemental or additional
notice deemed proper, necessary or convenient by the County.
(D) The Annual Rate Resolution shall (1) establish the Annual Wastewater
Assessment to be imposed in the upcoming Fiscal Year and (2) approve the Assessment
Roll for the upcoming Fiscal Year with such adjustments as the Board deems just and right.
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, that are
provided and confirmed in the Final Assessment Resolution or any subsequent Annual
Rate Resolution.
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(E) In the event (1) the proposed Annual Wastewater Assessment for any Fiscal
Year exceeds the maximum rate of assessment provided in the Consent and
Acknowledgment Agreement, (2) the purpose for which the Annual Wastewater
Assessment is imposed or the use of the revenue from the Annual Wastewater
Assessment is substantially changed from that acknowledged in the Consent and
Acknowledgment Agreement, or (3) Assessed Property is reclassified or the method of
apportionment is revised or altered resulting in an increased Annual Wastewater
Assessment from that represented in any publication provided pursuant to Section 2.05 or
acknowledged in the Consent and Acknowledgment Agreement, notice shall be provided
first class mail to the Owners of such Assessed Property. Such notice shall substantially
conform with the notice requirements set forth in the Uniform Assessment Collection Act
and inform the Owner of the date, time, and place for the adoption of the Annual Rate
Resolution. The 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 an Annual Wastewater Assessment imposed by the Board
pursuant to this Ordinance.
(F) As to any Assessed Property not included on an Assessment Roll approved
by the adoption of the Final Assessment Resolution or a prior year 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
reasonableness of the legislative determination of special benefit and fair apportionment
to the Assessed Property; the reasonableness of the method of apportionment; the
enforceability and accuracy of the calculation of the initial rate of assessment and the
preparation of the initial Assessment Roll; and the validity and enforceability of the lien of
15
the Annual Wastewater Assessment), unless proper steps shall be initiated in a court of
competent jurisdiction to secure relief within 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 Annual Wastewater Assessment not challenged within the
required 20-day period for those Annual Wastewater 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.
(G) 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, or
if the alternative method described in Section 3.02 hereof is used to collect the Annual
Wastewater Assessment, such other official as the Board by resolution shall designate.
If the Annual Wastewater Assessment against any property shall be sustained, reduced,
or abated by the court, an adjustment shall be made on the Assessment Roll.
SECTION 2.09. LIEN OF ANNUAL WASTEWATER ASSESSMENTS. Upon
the adoption of the Assessment Roll, all Annual Wastewater Assessments shall constitute
a lien against Assessed 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. The lien for an Annual Wastewater Assessment shall be deemed perfected
upon the Board's adoption of the Final Assessment Resolution or the Annual Rate
Resolution. whichever is applicable. The lien for an Annual Wastewater Assessment
collected under the Uniform Assessment Collection Act shall attach to the property
included on the Assessment Roll as of the prior January 1, the lien date for ad valorem
16
taxes imposed under the Tax Roll. The lien for an Annual Wastewater Assessment
collected under the alternative method of collection provided in Section 3.02 shall be
deemed perfected upon the Board's adoption of the Final Assessment Resolution or the
Annual Rate Resolution, whichever is applicable, and shall attach to the property on such
date of adoption.
SECTION 2.10. REVISIONS TO ANNUAL WASTEWATER ASSESSMENTS.
If any Annual Wastewater 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, or
if the Board is satisfied that any such Annual Wastewater Assessment is so irregular or
defective that the same cannot be enforced or collected, or if the Board has failed to
include or omitted any property on the Assessment Roll which property should have been
so included, the Board may take all necessary steps to impose a new Annual Wastewater
Assessment against any property benefitted by the Wastewater Assessed Costs, following
as nearly as may be practicable, the provisions of this Ordinance and in case such second
Annual Wastewater Assessment is annulled, vacated, or set aside, the Board may obtain
and impose other Annual Wastewater Assessments until a valid Annual Wastewater
Assessment is imposed.
SECTION 2.11. PROCEDURAL IRREGULARITIES. Any informality or
irregularity in the proceedings in connection with the levy of any Annual Wastewater
Assessment under the provisions of this Ordinance shall not affect the validity of the same
after the approval thereof, and any Annual Wastewater Assessment as finally approved
shall be competent and sufficient evidence that such Annual Wastewater Assessment was
duly levied, that the Annual Wastewater Assessment was duly made and adopted, and that
all other proceedings adequate to such Annual Wastewater Assessment were duly had,
17
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.
SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS.
(A) No act of error or omission on the part of the Property Appraiser, Tax
Collector, County Administrator, Board, or their deputies or employees, shall operate to
release or discharge any obligation for payment of an Annual Wastewater Assessment
imposed by the Board under the provision of this Ordinance.
(B) When it shall appear that any Annual Wastewater Assessment should have
been imposed under this Ordinance against a parcel of property specially benefitted by the
provision of wastewater services, facilities, or programs, but that such property was omitted
from the Assessment Roll; or such property was erroneously assessed; or was not listed
on the Tax Roll as an individual parcel of property as of the effective date of the
Assessment Roll approved by the Annual Rate Resolution for any upcoming Fiscal Year,
the Board may, upon provision of a notice by mail provided to the Owner of the omitted
or erroneously assessed parcel in the manner and form provided in the Uniform
Assessment Collection Act, impose the applicable Annual Wastewater Assessment for the
Fiscal Year in which such error or omission is discovered, in addition to the applicable
Annual Wastewater Assessment due for the prior two Fiscal Years. Such Annual
Wastewater Assessment shall constitute a lien against Assessed 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, shall be collected as provided in
18
Article 11/ hereof, and shall be deemed perfected on the date of adoption of the resolution
imposing the omitted, delinquent, or corrected assessments.
(C) Prior to the delivery of the Assessment Roll to the Tax Collector in
accordance with the Uniform Assessment Collection Act, 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 property subject to an Annual Wastewater Assessment, to
reclassify property based upon presentation of competent and substantial evidence, and
correct any error in applying the Annual Wastewater Assessment apportionment method
to any particular parcel of property not otherwise requiring the provision of notice pursuant
to the Uniform Assessment Collection Act. Any such correction shall be considered valid
ab initio and shall in no way affect the enforcement of the Annual Wastewater Assessment
imposed under the provisions of this Ordinance. 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.
ARTICLE III
COLLECTION AND USE OF ANNUAL WASTEWATER ASSESSMENTS
SECTION 3.01. METHOD OF COLLECTION.
(A> Unless otherwise directed by the Board, the Annual Wastewater
Assessments shall be collected pursuant to the uniform method provided in the Uniform
19
Assessment Collection Act, and the County shall comply with all applicable provisions of
the Uniform Assessment Collection Act. Any hearing or notice required by this Ordinance
may be combined with any other hearing or notice required by the Uniform Assessment
Collection Act or other provision of law.
(B) The amount of an Annual Wastewater Assessment to be collected using the
uniform method pursuant to the Uniform Assessment Collection Actfor any specific parcel
of benefitted property may include an amount equivalent to the payment delinquency,
delinquency fees and recording costs for a prior year's assessment for a comparable
service, facility, or program provided: (1) the collection method used in connection with
the prior year's assessment did not employ the use of the uniform method of collection
authorized by the Uniform Assessment Collection Act, (2) notice is provided to the Owner
as required under the Uniform Assessment Collection Act, and (3) any lien on the affected
parcel for the prior year's assessment is supplanted and transferred to such Annual
Wastewater Assessment upon certification of a non-ad valorem roll to the Tax Collector
by the County.
SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using
the Uniform Assessment Collection Act, the Board may elect to collect the Annual
Wastewater Assessments by any other method which is authorized by law or under the
alternative collection method provided by this Section:
(A) The Board shall provide Annual Wastewater Assessment bills by first class
mail to the Owner of each affected parcel of property, other than Government Property.
The bill or accompanying explanatory material shall include (1) a brief explanation of the
Annual Wastewater Assessment, (2) a description of the unit of measurement used to
determine the amount of the Annual Wastewater Assessment, (3) the number of units
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contained within the parcel, (4) the total amount of the Annual Wastewater Assessment
imposed against the parcel for the appropriate period, (5) the location at which payment
will be accepted, (6) the date on which the Annual Wastewater Assessment is due, and (7)
a statement that the Annual Wastewater Assessment constitutes a lien against Assessed
Property equal in rank and dignity with the liens of all state, county, district or municipal
taxes and other non-ad valorem assessments.
(B) A general notice of the lien resulting from imposition of the Annual
Wastewater Assessments shall be recorded in the Official Records ofthe County. Nothing
herein shall be construed to require that individual liens or releases be filed in the Official
Records.
(C) The Board shall have the right to foreclose and collect all delinquent Annual
Wastewater Assessments in the manner provided by law for the foreclosure of mortgages
on real property or appoint or retain an agent to institute such foreclosure and collection
proceedings. An Annual Wastewater Assessment shall become delinquent if it is not paid
within 30 days from the date any installment is due. The Board or its agent shall notify any
property owner who is delinquent in payment of his or her Annual Wastewater Assessment
within 60 days from the date such assessment was due. Such notice shall state in effect
that the Board or its agent will either (1) initiate a foreclosure action or suit in equity and
cause the foreclosure of such property subject to a delinquent Annual Wastewater
Assessment in a method now or hereafter provided by law for foreclosure of mortgages on
real property, or (2) cause an amount equivalent to the delinquent Annual Wastewater
Assessment, not previously subject to collection using the uniform method under the
Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year.
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(0) All costs, fees and expenses. including reasonable attorney fees and title
search expenses, related to any foreclosure action as described herein shall be included
in any judgment or decree rendered therein. At the sale pursuant to decree in any such
action, the County may be the purchaser to the same extent as any Person. The Board
or its agent may join in one foreclosure action the collection of Annual Wastewater
Assessments against any or all property assessed in accordance with the provisions
hereof. All delinquent Owners whose property is foreclosed shall be liable for an
apportioned amount of reasonable costs and expenses incurred by the Board and its
agents, including reasonable attorney fees, in collection of such delinquent Annual
Wastewater Assessments and any other costs incurred by the Board as a result of such
delinquent Annual Wastewater Assessments and the same shall be collectible as a part
of or in addition to, the costs of the action.
(E) In lieu of foreclosure, any delinquent Annual Wastewater Assessment and
the costs, fees and expenses attributable thereto, may be collected pursuant to the
Uniform Assessment Collection Act; provided however, that (1) notice is provided to the
Owner in the manner required by the Uniform Assessment Collection Act and this
Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent
Annual Wastewater Assessment is supplanted by the lien resulting from certification of the
Assessment Roll, as applicable, to the Tax Collector.
(F) Notwithstanding the Board's use of an alternative method of collection, the
County Administrator shall have the same power and authority to correct errors and
omissions as provided to him or other County officials in Section 2.12 hereof.
(G) Any Board action required in the collection of Annual Wastewater
Assessments may be by resolution.
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SECTION 3.03. GOVERNMENT PROPERTY.
(A) In the event Annual Wastewater Assessments are imposed against
Government Property, the Board shall provide Annual Wastewater 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 Annual
Wastewater Assessment, (2) a description of the unit of measurement used to determine
the amount of the Annual Wastewater Assessment, (3) the number of units contained
within the parcel, (4) the total amount of the parcel's Annual Wastewater Assessment for
the appropriate period, (5) the location at which payment will be accepted, and (6) the date
on which the Annual Wastewater Assessment is due.
(B) Annual Wastewater Assessments imposed against Government Property
shall be due on the same date as all other Annual Wastewater Assessments and, if
applicable, shall be subject to the same discounts for early payment.
(C) An Annual Wastewater Assessment shall become delinquent if it is not paid
within 30 days from the date any installment is due. The Board shall notify the Owner of
any Government Property that is delinquent in payment of its Annual Wastewater
Assessment within 60 days from the date such assessment was due. Such notice shall
state that the Board will initiate a mandamus or other appropriate judicial action to compel
payment.
(0) 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
23
County, including reasonable attorney fees, in collection of such delinquent Annual
Wastewater Assessments and any other costs incurred by the Board as a result of such
delinquent Annual Wastewater 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 Annual Wastewater Assessment
imposed against Government Property may be collected as a surcharge on a utility bill
provided to such Government Property in periodic installments with a remedy of a
mandamus action in the event of non-payment.
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. APPLICABILITY. This Ordinance and the Board's authority to
impose assessments pursuant hereto shall be applicable throughout the unincorporated
area of the County and throughout the incorporated area of any municipality whose
governing body has heretofore or hereafter requested and consented to the provision of
the wastewater services, facilities and programs by the County.
SECTION 4.02. 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
24
BE IT ORDAINED BYTHE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
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 2.08 of this
Ordinance, establishing the rate at which an Annual Wastewater Assessment for a specific
Fiscal Year will be computed. The Final Assessment Resolution shall constitute the
Annual Rate Resolution for the initial Fiscal Year in which an Annual Wastewater
Assessment is imposed or reimposed.
..Annual Wastewater Assessment" means a special assessment lawfully imposed
by the Board against Assessed Property to permit payment of the Assessable Costs over
a periOd of years.
.'Assessable Costs" means the amount computed by adding <A) the amount of the
Capacity Fee and (B) all costs associated with the structure, implementation, collection,
and enforcement of the Annual Wastewater Assessments, including any service charges
of the County, Tax Collector, or Property Appraiser and amounts necessary to off-set
discounts received for early payment of Annual Wastewater Assessments pursuant to the .
Uniform Assessment Collection Act and any other costs or expenses related to the
collection of the Assessment Costs.
2
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.
SECTION 4.03.
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 4.04.
EFFECTIVE DATE. The Clerk shall file a certified copy of this
Ordinance with the Department of State within ten days of its adoption. This Ordinance shall
take effect immediately upon it$ filing with the Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regUlar meeting of said Board held on the 15th day of July, 2003.
Mayor Spehar
:;=;",=",,'.,"-:Mayor Pro Tern Nelson
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\~:~: Y'":,:Attest' DANNY l.KOLHAGE, Clerk
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By~~ L: /JLJ...J
Deputy Clerk
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BOARD OF COUNTY COMMISSiONERS
OF MONROE COllNTY, FLORiDA
~~ /n ~
By
Mayor/Chairperson
MONROE COUNTY ATTORNEY
P FORM:
R N. WOLFE
O;t~I~~S'~~~lYtiTORNEY
BRANCH OFFICE
MARAlHON SUB COURlHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 28~
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
MONROECO~COURTHOUSE
500 WHlTEHEAo STREET. SUITE 101
KEY WES1; FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PlANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
August 19, 2003
Department of State, Bureau of Administrative Code
The Collins Building
107 West Gaines Street, Suite L43
Tallahassee, Florida 32399-0250
Dear Ms. Cloud:
Certified Mail Receipt #7002 2030 0001 26689990
Please be advised that at a Regular Meeting in formal session on July 15, 2003 the Board
of County Commissioners of Monroe County adopted Ordinance No. 027-2003 relating to the
provision of wastewater services and facilities in Monroe County, Florida; authorizing the
imposition and collection of wastewater assessments against property; providing certain
definitions including a definition for the term "wastewater assessment"; establishing a procedure
for imposing wastewater assessments; providing that wastewater assessments constitute a lien on
assessed property upon adoption of assessment roll; providing that the lien for a wastewater
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; providing a procedure for collection of wastewater assessments;
providing a mechanism for the imposition of assessments on government property; providing for
severability; and providing an effective date.
Attached hereto is a certified copy of the subject Ordinance for your handling. Should
you have any questions concerning the above, please do not hesitate to contact this office.
Very truly yours,
Danny L. Kolhage
Clerk of Court and ex-officio Clerk to the
Board of County Commissioners
Byg,.L1 (' IO.!)J g,nj;(,J
Isabel C. DeSantis, Deputy Clerk
Cc: Municipal Code Corporation, Certified Mail Receipt #7002 2030 0001 26689983
Monroe County Commission
County Administrator
County Attorney
Growth Management Director
Property Appraiser
Tax Collector
Finance
File ../
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Cooke Communications, LLC
Florida Keys
Mary Beth Canitano
Advertising Coordinator
PO Box 1800
Key West FI 33041
OIflce... ... ... .305-292-7777
Extension... ,.. ..' ........x219
Fax... ... ...... .305-294-0768
mcanitano@keysnews.com
INTERNET PUBLISHING
keywe.t.com
keysnews.com
lIoridakey..com
key_.com
Web Design Services
NEWSPAPERS
The Citizen
Sou1hemmoat Flyer
SoIafe8 Hi"
Big Pine Free Press
Marathon Free Press
Islamorada Free Pres.
Key lIIrgo Free Press
Ocean Reef Pre.s
Seaport Log
MAGAZINE
The Menu
Home Guide
Citizen LocaI's Guida
Paradise
Keys 1V Channel Guide
MARKETING SERVICES
Cclmmercial Printing
Citizen Locals Card
DlredMail
FLORIDA KEYS OFFICES
Printing I Main Facility
3-420 NoIIhside Drive
Key West. FL
33040-1800
Tel 305-292-nn
Fax 305-294-0768
cilizen@keywesl.com
Internet Division
1201 White Slreet (Suite 103)
Key West, FL
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Middle Keys Office
6363 Oversea. Hwy
Marathon, FL (MM 52.5)
33050-33-42
Tel 305-743-8766
Fax 305-743-9977
navigator@lIoridakeys.com
Upper Keys Office
61549 Old Hwy
PO Box 469
Islamorada. FL (MM81.5)
33036-0469
T ef 305-664-2266
Fax 305-664-8411
freepress@lloridakeys.com
Ocean Reef Office
3A Barracuda Lane
Key largo, FL 33037
Tel 305-367~911
Fax 305-367-2191
STATE OF FLORlDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations ofthe Key
West Citizen, a daily newspaper published in Key West, in Monroe County,
Florida; th the attached ....copy of a ertisem.ent, being a legal notice in the
matter of
In the ~ourt, was published in said newspaper in the
issues of rt:-.1.MV d . .;JCX:;i.~ .
Affiant fu er says that the Key West CItizen IS a newspaper pubhshed m Key
West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
and has been entered as second-class mail matter at the post office in 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 has neither paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this advertisement for
publication in the said newspaper. ~~ _
SIgnature of Affiant
Sworn aud subscribed before me this...3Cl day o~ /YlJ. )
,2003
Expires: January 15,2007
Notary Seal
,,'l,';;;~~::"'" MARy BETH CANITANO
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~~.~ : ;jM)'CcmmsstlnExpies.lc:ll15 2007
-..;':,,,, ,,;;~}- Commission # 00178046
.....",. Bonded BV Noflonal Notary Assn.
Personally Known x Produced Identification
Type of Identification Produced
PlJ8l1C NOTICE
NoncE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Tuesday, July 15, 2003. at 3:00 PM
at the Harvey Government Center at
Historic Truman School, 1200 Tru-
man Avenue, Key West, Monroe
County, Florida, the Board of County
,Commissioners of Monroe County,
Florida, intends to consider the
adoption elf the following County or-
dinance:
AN ORDINANCE OF THE MONROE
COUNTY 80AAD OF COMMIS-
SIONERS RELATING TO THE
PROVISION OF WASTEWATER
SERVICES AND FACILITIES IN
MONROE COUNTY FLORIDA: AU-
THORIZING THE IMPOSITION,AND
COLLECTION OF WASTEWATER
ASSESSMENTS AGAINST PROP-
ERTY: PROVIDING CERTAIN DEF-
INmONS INCLUDING A DEFINI.
TION FOR THE TERM "WASTE-
WATER ASSESSMENT"; ESTAB.
LISHING A PROCEDURE FOR IM-
POSING WASTEWATER ASSESS-
MENTS; PROVIDING THAT
WASTEWATER ASSESSMENTS
CONSTITUTE A LIEN ON AS-
SESSED PROPERTY UPON
ADOPTION OF ASSESSMENT
ROLL; PROVIDING THAT THE
LIEN FOR A WASTEWATER AS-
SESSMENT COLLECTED PUR-
SUANT TO SECTIONS 197.3832
AND 197.3635, FLORIDA STAT.
UTES, UPON PERFECTION SHALL
ATTACH TO THE PROPERTY ON
THE PRIOR JANUARY, THE LIEN
DATE FOR AD VALOREM TAXES;
PROVIDING THAT A PERFECTED
LIEN SHALL BE EQUAL IN RAND
AND DIGNITY WITH THE LIENS OF
ALL STATE, COUNTY, DISTRICT,
OR MUNICIPAL TAXES AND AS.
SESSMENTS AND SUPERIOR IN
DIGNITY TO ALL OTHER PRIOR
LIENS, MORTGAGES, TITLES,
AND CLAIMS; PROVIDING A PRO.
CEDURE FOR COLLECTION OF
WASTEWATER ASSESSMENTS;
PROVING A MECHANISM FOR
THE IMPOSITION OF ASSESS-
MENTS ON GOVERNMENT PROP-
ERTY; PROVIDING FOR SEVERA.
BILITY; AND PROVIDING AN EF.
FECTIVE DATE.
Pursuant to Section 286,0105, Flori-
da Statutes. notice is given that if a
person decided to appeal any deci.
sion made by Ihe Board with respect
to any matter considered at such
hearings or meetings, he will need a
record of the proceedings, and that,
for such purpose, he may need to
ensure that a verbatim ~ of the
proceedlng8 18 ma~. Vlb!Cft' ~
-includeS the testimony ~d I~O be
upon which the appea s
l)aS8II,
les o.-'\he aQove-relerenced ordl-
~ arelo411ilab'" 10r rel/l_ at the
~ public Ubraries in Monroe
County, Florida.
Dated at Marathon, Florida, this 26th
day of June, 2003.
DANNY L KOLHAGE, Clerk of the
Circuit Court and ex officio Clerk of
the Board of County Commisslon~rs
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SENDER: COMPLETE THIS SECT/ON
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
Department of State
Bureau of Administrative Code
The CQllins Building
107 West Gaines Street. Suite L43
Taflahassee. FI-or;d'a 32399.0250
a
2. Article Number
(Transfer from service label)
PS Form 3811. August 2001
COMPLETE THIS SECTION ON DELIVERY
A. SIgnature
x
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B. Received by ( Printed Name)
C. Date of Delivery
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
3. Sa Ice Type
Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
7002 2030 0001 2668 8153
Domestic Return Receipt
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