Item P1 P.1
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
April 19, 2023
Agenda Item Number: P.1
Agenda Item Summary #11841
BULK ITEM: No DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
TBD
AGENDA ITEM WORDING: A public hearing to consider adoption of an Initial Assessment
Resolution for Monroe County, Florida to collect special assessments within the Monroe County
Canals Municipal Services Benefit Unit (MSBU) to pay for ongoing operation and maintenance
(O&M) costs for canal water quality restoration projects on Canals 82, 83 and 84 in Rock Harbor in
Key Largo; stating a need for such levy; setting a public hearing for adoption of a Final Assessment
Resolution (FAR); providing for mailed and published notice of the public hearing on the FAR; and
providing for an effective date.
ITEM BACKGROUND: This item is to hold a public hearing to adopt an Initial Assessment
Resolution (IAR) for Monroe County, Florida, to collect special assessments within the Monroe
County Canals Municipal Services Benefit Unit (MSBU) to collect funds to pay for ongoing
operation and maintenance (O&M) costs for canal water quality restoration projects on Canals 82,
83 and 84 in Rock Harbor in Key Largo. The IAR based assessments on a cost per lot.
The attached IAR, if approved, would collect annual special non-ad valorem assessments of$575.00
(which translates to $47.92 per month per parcel, and $51,152 on an annual basis)to pay for ongoing
operations and maintenance costs. The assessment includes funds for replacement costs of the
equipment. (The capital life expectancy of the equipment is currently projected to be 7-10 years.)
The IAR also sets a public hearing for adoption of a Final Assessment Resolution (FAR); provides
for mailed and published notice of the public hearing on the FAR; and provides for an effective date.
If approved, a Final Assessment Resolution will be presented to the BOCC for approval in a public
hearing on June 21, 2023 at the meeting in Key Largo,.
Staff hereby requests approval of the Initial Assessment Resolution announcing the County's intent
to collect non-ad valorem special assessments from various properties on the tax bill beginning in
November 2023.
PREVIOUS RELEVANT BOCC ACTION:
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10/18/2017: BOCC approval of Ordinance 021-2017, establishing a Municipal Service Benefit Unit
for collection of special non-ad valorem assessments for the canal restoration program.
12/09/20: A public hearing to consider approval of a resolution of Monroe County, Florida electing
to use the uniform method of collecting non-ad valorem special assessments levied within the
County toward the cost of providing capital costs, operations and maintenance costs for canals 82,
83 and 84 located within unincorporated Monroe County.
12/08/21: A public hearing to consider approval of a resolution of Monroe County, Florida electing
to use the uniform method of collecting non-ad valorem special assessments levied within the
County toward the cost of providing capital costs, operations and maintenance costs for canals 82,
83 and 84 located within unincorporated Monroe County.
12/07/22: BOCC approval of Resolution 525-2022 electing to use the uniform method of collecting
non-ad valorem special assessments levied within the County toward the cost of providing capital
costs, operations and maintenance costs for Canals 82, 83 and 84 in Key Largo, Canal 105 in
Tavernier, Canals 255, 287, 290, 295, 297 and 315 in Big Pine Key, and Canal 474 in Geiger Key,
located within unincorporated Monroe County.
CONTRACT/AGREEMENT CHANGES:
Not Applicable
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Monroe County Canal IAR Canals 82-83-84 4.2.2023 clean
Resolution 525-2022
Ordinance 0212017 creation MSBU canal restoration
FINANCIAL IMPACT:
Effective Date: N/A Expiration Date: N/A
Total Dollar Value of Contract: N/A Total Cost to County: $0
Current Year Portion: $0 Budgeted: N/A
Source of Funds: N/A CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: No
Additional Details:
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REVIEWED BY:
Rhonda Haag Completed 03/30/2023 4:23 PM
Cynthia Hall Completed 04/02/2023 6:14 PM
Purchasing Completed 04/03/2023 8:40 AM
Budget and Finance Completed 04/03/2023 12:36 PM
Brian Bradley Completed 04/03/2023 1:29 PM
Lindsey Ballard Completed 04/04/2023 9:35 AM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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MONROE COUNTY, FLORIDA
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MONROE COUNTY CANAL RESTORATION c00
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OPERATIONS AND MAINTENANCE SERVICES m
ASSESSMENT PROGRAM m
INITIAL ASSESSMENT RESOLUTION
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CANALS 82-83-84
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ADOPTED , 2023
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TABLE OF CONTENTS
PAGE
ARTICLE I
AUTHORITY, DEFINITIONS AND LEGISLATIVE FINDINGS
SECTION 1.01. AUTHORITY..................................................................................3
SECTION 1.02. DEFINITIONS................................................................................4
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SECTION 1.03. INTERPRETATION.......................................................................7
SECTION 1.04. FINDINGS ......................................................................................700
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ARTICLE II
NOTICE AND PUBLIC HEARING
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SECTION 2.01. PUBLIC HEARING........................................................................9 0
SECTION 2.02. NOTICE BY PUBLICATION........................................................9
SECTION 2.03. NOTICE BY MAIL.........................................................................9
ARTICLE III
PROPOSED ASSESSMENT AREAS a
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SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREAS......... 10 CN
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ARTICLE IV
MAINTENANCE ASSESSMENTS i
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SECTION 4.01. ESTIMATED MAINTENANCE COST....................................... 10 co
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SECTION 4.02. IMPOSITION OF MAINTENANCE ASSESSMENTS............... 11 m
SECTION 4.03. COMPUTATION OF MAINTENANCE ASSESSMENTS......... 11 m
SECTION 4.04. MAINTENANCE ASSESSMENT ROLL.................................... 12
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ARTICLE V
GENERAL PROVISIONS ti
SECTION 5.01. METHOD OF COLLECTION...................................................... 12 0
SECTION 5.02. SEVERABILITY .......................................................................... 12 u
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SECTION 5.03. CONFLICTS ................................................................................. 12 0
SECTION 5.04. EFFECTIVE DATE...................................................................... 12 0
APPENDICES: E
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APPENDIX A: FORM OF NOTICE TO BE MAILED......................................... 13
APPENDIX B: FORM OF NOTICE TO BE PUBLISHED .................................. 15
APPENDIX C: LEGAL DESCRIPTION OF LOTS
BY ASSESSMENT AREA........................................................... 17
APPENDIX D: LIST OF LOTS BY ASSESSMENT AREA ................................ 19
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MONROE COUNTY, FLORIDA
RESOLUTION NO. - 2023
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RELATING TO THE CANAL RESTORATION PROGRAM; 00
IMPOSING ANNUAL MAINTENANCE ASSESSMENTS FOR
PROPERTIES LOCATED WITHIN THE CANALS 82-83-84 M
AREA IN KEY LARGO WITHIN THE MONROE COUNTY ci
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CANALS MUNICIPAL SERVICE BENEFIT UNIT;
ESTABLISHING LEGISLATIVE FINDINGS DETERMINING
THAT SUCH REAL PROPERTY WILL DERIVE A SPECIAL U
BENEFIT FROM THE CANAL RESTORATION ACTIVITIES 0
AND THE ONGOING OPERATIONS AND MAINTENANCE
THEREOF AND THE REASONABLE APPORTIONMENT OF
THE ASSESSMENT; ESTABLISHING THE TERMS AND
CONDITIONS OF THE PROPOSED SPECIAL ASSESSMENT,
INCLUDING ADMINISTRATIVE AND COLLECTION COSTS;
ESTABLISHING THE AMOUNT OF THE ANNUAL CANAL
OPERATIONS AND OPERATION ASSESSMENT FOR EACH a
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LOT OF PROPERTY TO BE ASSESSED BASED ON THE Cli
METHODOLOGY SET FORTH HEREIN; DIRECTING
PREPARATION OF THE ASSESSMENT ROLL; AUTHORIZING i
A PUBLIC HEARING AND DIRECTING THE PROVISION OF °i
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NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. 00
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,AS FOLLOWS:
ARTICLE I U
AUTHORITY, DEFINITIONS, LEGISLATIVE FINDINGS
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SECTION 1.01. AUTHORITY. This resolution is adopted pursuant to the U
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provisions of Article VIII, Section 1 of the Florida Constitution; Sections 125.01 and 0
125.66 of Florida Statutes, which grant to a board of county commissioners all
powers of local self-government to perform county functions and to render services
for county purposes in a manner not inconsistent with general law; Monroe County
Ordinance No. 021-2017 ("Ordinance") creating and establishing the Monroe
County Canals Municipal Service Benefit Unit ("MSBU"); and other applicable
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provisions of law.
Section 1.02. DEFINITIONS. This resolution constitutes the Initial Assessment
Resolution as defined in the Ordinance. Any capitalized words and terms not defined
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herein shall have the meaning ascribed to such terms in the Ordinance. Unless the
context indicates otherwise, words imparting the singular number including the `0
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plural number, and vice versa. As used in this Resolution, the following terms shall A
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have the following meanings, unless the context hereof otherwise requires. U
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"Annual Maintenance Assessment" means the amount computed for each
Lot pursuant to Section 4.03 hereof.
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"Assessment Area" means a geographic area created by this Resolution,
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which is a sub-unit of an MSBU, containing properties that specially benefit from a ri
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Local Improvement, service, facility or program.
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"Assessment Coordinator" means the person designated by the County to N
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be responsible for coordinating the Assessments, or such person's designee.
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"Board" means the Board of County Commissioners of Monroe County,
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"Canal Improvements" means canal restoration activities performed
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within each of the canals within the MSBU as part of a Local Improvement as 0
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defined in the Ordinance, including but not limited to organic removal, backfilling, ..
installation of air curtains, and installation of culverts, or any combination thereof. E
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"County" means Monroe County, a political subdivision of the State of
Florida.
"County Administrator" means the chief executive officer of the County,
or such person's designee.
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"Final Assessment Resolution" means the resolution described in Sections
3.02 and 3.06 of the Ordinance that imposes the Assessments within the Assessment
Area.
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"Fiscal Year" means the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as may `0
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be prescribed by law as the fiscal year for the County. 2
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"Government Property" means property owned by the United States of L-
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America or any agency thereof, the State of Florida or any agency thereof, a county,
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a special district or a municipal corporation.
"Local Improvement"means a capital improvement constructed or installed
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by the County for the special benefit of a neighborhood or other local area,for which ri
special assessments are imposed pursuant to the Ordinance. 00
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"Lot" means a building lot described on a map or plat recorded in the 00
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County's Official Records on or prior to the effective date of the Final Assessment M
Resolution or any subsequent Annual Assessment Resolution.
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"MSBU" means the Monroe County Canals Municipal Service Benefit Unit U
described in the Ordinance. 0
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"Maintenance" or "Maintenance Activities" means the ongoing
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operations and maintenance of the canal improvements, including but not limited to
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electrical service to operate air curtains and other electrical equipment, annual air
curtain maintenance,and an amount set aside for future replacement of the air curtain.
"Maintenance Assessment" means an annual special assessment imposed
against real property located within the MSBU to fund the Maintenance Activities,
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and related expenses, computed in the manner described in Section 4.03 hereof.
"Maintenance Assessment Collection Cost" means the estimated cost to be
incurred by the County during any Fiscal Year in connection with the administration
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of the Maintenance Assessment program and collection of the Maintenance
Assessment, and shall consist of an internal administrative fee in the amount of five `0
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percent(5%) of the Maintenance Costs; external consultant administrative fee; and a A
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commission paid to the Tax Collector, authorized per F.S. 192.091(2)(b), all U
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distributed on a per Lot basis.
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"Maintenance Assessment Roll" means a non-ad valorem assessment roll
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relating to the Maintenance Cost of the Maintenance Activities and related expenses.
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"Maintenance Assessment Statutory Discount Amount" means the ri
amount computed for each Lot pursuant to Section 4.03 hereof. 00
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"Maintenance Cost" means all or any portion of the expenses that are c00
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properly attributable to Maintenance as that term is defined herein and under �
generally accepted accounting principles, including, without limiting the generality
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of the foregoing, the cost of ongoing operations and maintenance of the canal U
improvements, including but not limited to electrical service to operate air curtains 0
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and other electrical equipment; repair and maintenance of the air curtain equipment;
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replacement of the air curtain equipment; and similar services. "Maintenance Cost"
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is synonymous with"Service Cost" as defined in the Ordinance.
"Ordinance" means Monroe County Ordinance No. 021-2017, the Canal
Restoration Program Assessment Ordinance.
"Property Appraiser" means the Monroe County Property Appraiser.
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"Tax Parcel" means a parcel of real property to which the Property
Appraiser has assigned a distinct ad valorem property tax identification number.
"Tax Roll" means the real property ad valorem tax assessment roll
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maintained by the Property Appraiser for the purpose of the levy and collection of ad
valorem taxes. `0
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"Uniform Assessment Collection Act" means Sections 197.3632 and A
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197.3635, Florida Statutes, or any successor statutes authorizing the collection of U
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non-ad valorem Assessments on the same bill as ad valorem taxes,and any applicable
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regulations promulgated thereunder.
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SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise,
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words importing the singular number include the plural number, and vice versa. The
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terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to 00
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this Resolution; the term "hereafter" means after; and the term "heretofore" means00
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before, the effective date of this Resolution. Words of any gender include the CU
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correlative words of the other gender, unless the sense indicates otherwise.
SECTION 1.03. FINDINGS. It is hereby ascertained, determined and U
declared that:
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(A) The Board of County Commissioners of Monroe County,Florida,has 0
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enacted the Ordinance in order to provide for the creation of a municipal service ..
benefit unit and to authorize the imposition of Assessments to fund the Maintenance E
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of Local Improvements that serve and specially benefit the property located therein.
(B) The Canal Improvements constitute a Local Improvement, as defined
in the Ordinance, and Maintenance constitutes a related service.
(C) All properties within the Assessment Area that have received Canal
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Improvements will require continued operations and maintenance in order to
maintain the benefits achieved by the Canal Improvements. All Lots and Tax Parcels
within the MSBU that have received the Local Improvements will benefit from
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Maintenance of the Local Improvements. Without Maintenance of the Local
Improvements, the gains achieved through improvement in water quality within the `0
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benefitted Lots and Tax Parcels by the Canal Improvements will be lost. A
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(D) The Board desires to create the Assessment Area and to collect U
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Maintenance Assessments in order to fund Maintenance Costs.
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(E) The Canal Improvements, and the related Maintenance Activities,
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provide a special benefit to the properties located within the Assessment Area, by
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protecting and enhancing their value, use and enjoyment;promoting health, welfare,
convenience and safety for all assessed property owners in the Assessment Area; 00
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stabilization of or increase in property values; established and preserving water c00
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access to all properties within the Assessment Area; and improved appearance of the CU
Assessment Area.
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(F) The Board hereby finds and determines that the Assessments to be U
imposed in accordance with this Resolution provide an equitable method of funding 0
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the Maintenance of the Local Improvements by fairly and reasonably allocating the
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cost to specially benefitted property.
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(G) The Board hereby finds that each property within the proposed
MSBU will be benefited by the Maintenance of the Local Improvements in an
amount not less than the Assessment imposed against such property, computed in the
manner set forth in this Resolution.
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(H) The Maintenance Assessment will be implemented to provide for
mandatory payment of the annual Maintenance Costs by all Tax Lots within the
MSBU.
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ARTICLE II
NOTICE AND PUBLIC HEARING ,
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SECTION 2.01. PUBLIC HEARING. A public hearing will be conducted by the c00
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Board beginning at 9:00 a.m., or as soon thereafter as the matter can be heard, on �
June 21, 2023, at the Murray Nelson Government Center, 102050 Overseas "0
Highway, Key Largo Florida, 33037 to consider adoption of a Final Assessment
Resolution that will (A) create Assessment Areas, (B) impose Assessments, and (C) u
authorize collection of the Assessments pursuant to the Florida Uniform Assessment
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Collection Act.
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SECTION 2.02. NOTICE BY PUBLICATION. Upon completion of the initial 00
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Assessment Roll, the Assessment Coordinator shall publish a notice of the public CU
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hearing on adoption of a Final Assessment Resolution as authorized by Section 2.01
hereof in the manner and the time provided in Section 3.04 of the Ordinance and
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Section 197.3632. Such notice shall be in substantially the form attached hereto as
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Appendix A.
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SECTION 2.03. NOTICE BY MAIL. Upon completion of the initial Assessment 0
Roll, the Assessment Coordinator shall, at the time and in the manner specified in
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Section 3.05 of the Ordinance,provide first class mailed notice of the public hearing
authorized by Section 2.01 hereof to each real property owner proposed to be
assessed at the address indicated on the Tax Roll. Such notice shall be mailed at least
twenty (20) days prior to the public hearing, in accordance with Section 197.3632,
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F.S., and shall be in substantially the form attached hereto as Appendix B.
ARTICLE III
PROPOSED ASSESSMENT AREA
SECTION 3.01. DESCRIPTION OF PROPOSED ASSESSMENT AREA.
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(A) The Board proposes to create an assessment area for the Tax Lots
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more particularly described in Appendix C attached hereto. The assessment area(the c00
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"Canals 82-83-84 Assessment Area") shall consist of Lots shown in Appendix C, on CU
Canals 82, 83 and 84,and as listed in Appendix D,Description of Lots by Assessment '0
Area. Each Lot has received the Local Improvements consisting of air curtain
technology as well as work on the adjacent breakwater. u
(B) The Assessment Area is proposed for the purpose of funding
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Maintenance Activities within the MSBU and for the purpose of improving the use
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and enjoyment of property by funding the ongoing operations and maintenance of `0
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the Local Improvements. CU
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ARTICLE IV
MAINTENANCE ASSESSMENTS
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SECTION 4.01. ESTIMATED MAINTENANCE COST. The U
estimated annual Maintenance Cost for the Lots within the Canals 82-83-84 0
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Assessment Area is $51,152 per Fiscal Year. This Maintenance Cost will be
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funded through the imposition of Maintenance Assessments against real property
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located in the Canals 82-83-84 Assessment Area in the manner set forth in this
article.
SECTION 4.02. IMPOSITION OF MAINTENANCE ASSESSMENTS.
The Maintenance Assessments shall be imposed against all real property located
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within the Assessment Area for each Fiscal Year and shall be computed in
accordance with this Article. The estimated annual Maintenance Assessment rate to
generate the estimated Maintenance Costs for the Fiscal Year beginning October 1,
2023 is $575 per lot. When imposed, the Maintenance Assessment for each Fiscal 00
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Year shall constitute a lien upon the Lots located in the MSBU, pursuant to the 00
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Ordinance. A
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SECTION 4.03. COMPUTATION OF MAINTENANCE ASSESSMENTS. U
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(A) The annual Maintenance Assessments shall be computed for each Lot
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located in the MSBU by adding the annual Maintenance Cost together with the X
Collection Cost, plus a five per cent (5%) reserve for the under-collection of a
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assessments due to the discount on annual property tax bills allowed for property
owners who pay prior to March 1 ("Maintenance Assessment Statutory Discount
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Amount"). This sum is then divided by the sum by the total number of Lots within N
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the Assessment Area. The result is the portion of the Maintenance Costs attributable a
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to each Tax Lot.
(B) The above calculations shall be computed on an annual basis for CU
purposes of the Maintenance Assessments.
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(C) The Maintenance Assessment amount shall be adjusted by a CPI-U 0
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adjustment each year.
SECTION 4.04. MAINTENANCE ASSESSMENT ROLL.
The Assessment Coordinator is hereby directed to prepare a final estimate of
the Maintenance Assessments and to prepare the initial Maintenance Assessment
Roll in the manner provided in the Ordinance. The Assessment Coordinator shall
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apportion the Maintenance Cost among the Lots of real property within the MSBU
and within each Assessment Area as reflected on the Tax Roll in conformity with
this Article. The estimate of Maintenance Cost and the Maintenance Assessment
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Roll shall be maintained on file at the office of the Assessment Coordinator and open
to public inspection. The foregoing shall not be construed to require that the 00
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Maintenance Assessment Roll be in printed form if the amount of the Maintenance A
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Assessment for each Lot can be determined by use of a computer terminal available U
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to the public.
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ARTICLE V ..,
GENERAL PROVISIONS
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SECTION 5.01. METHOD OF COLLECTION. The Assessments shall be c�
levied and collected pursuant to the Florida Uniform Assessment Collection Act,F.S.
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197.3632 and 197.3635.
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SECTION 5.02. SEVERABILITY. If any clause, section or provision of this a
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Resolution shall be declared unconstitutional or invalid for any reason or cause, the
remaining portion of said Resolution shall be in full force and effect and be valid as �
if such invalid portion thereof had not been incorporated herein.
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SECTION 5.03. CONFLICTS. All resolutions or parts thereof in conflict herewith 0
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are hereby repealed to the extent of such conflict. ..
SECTION 5.04. EFFECTIVE DATE. This Resolution shall take effect
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immediately upon its adoption.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on April 19, 2023.
Mayor Craig Cates
Mayor Pro Tem Holly Merrill Raschein
Commissioner Michelle Lincoln
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Commissioner James K. Scholl
Commissioner David Rice
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ATTEST: BOARD OF COUNTY COMMISSIONERS CU
KEVIN MADOK, Clerk of Circuit OF MONROE COUNTY, FLORIDA L-
Court and Ex-Officio Clerk to the 4-
Board of County Commissioners
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By: By: CU
As Deputy Clerk Mayor Craig Cates c,
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APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
To Be Published on or before May 31,2023
NOTICE OF PUBLIC HEARING TO CONSIDER
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ADOPTION OF COUNTY INITIAL ASSESSMENT RESOLUTION
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 21, 2023, `0
at 9:00 A.M., or as soon thereafter as the matter may be heard, at the Murray Nelson
Government Center, 102050 Overseas Highway, Key Largo FL 33037, the Board of County 0
Commissioners of Monroe County, Florida, intends to consider approval of the following Monroe
County resolution: U
Monroe County,Florida 0
Canal Restoration Program
Final Assessment Resolution X
Canals 82-83-84,Key Largo
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY,FLORIDA,RELATING TO THE CANAL RESTORATION PROGRAM;
IMPOSING ANNUAL MAINTENANCE ASSESSMENTS FOR PROPERTIES CN
LOCATED WITHIN THE CANALS 82-83-84 AREA IN KEY LARGO WITHIN THE C14
MONROE COUNTY CANALS MUNICIPAL SERVICE BENEFIT UNIT;
ESTABLISHING LEGISLATIVE FINDINGS DETERMINING THAT SUCH REAL
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PROPERTY WILL DERIVE A SPECIAL BENEFIT FROM THE CANAL Iy
RESTORATION ACTIVITIES AND THE ONGOING OPERATIONS AND 00
MAINTENANCE THEREOF AND THE REASONABLE APPORTIONMENT OF c00
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THE ASSESSMENT; ESTABLISHING THE TERMS AND CONDITIONS OF THE 2
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PROPOSED SPECIAL ASSESSMENT, INCLUDING ADMINISTRATIVE AND
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COLLECTION COSTS; ESTABLISHING THE AMOUNT OF THE ANNUAL U
CANAL OPERATIONS AND OPERATION ASSESSMENT FOR EACH LOT OF
PROPERTY TO BE ASSESSED BASED ON THE METHODOLOGY SET FORTH
HEREIN; DIRECTING PREPARATION OF THE ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF tCU
NOTICE THEREOF;AND PROVIDING AN EFFECTIVE DATE.
A geographic depiction of the properties subject to the assessment is below: t0
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Canals 82,83 and 84 Key Largo,FL
The public hearing is being held for the purpose of receiving public comment on the proposed assessments and CU
collection of the assessment on the ad valorem tax bills. All affected property owners have the right to appear
and provide input at the hearing,and may file written objections with the County Attorney's Office at any time M
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within twenty (20)days following publication of this notice. ri
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The Assessments have been proposed to fund ongoing annual maintenance costs for the canals,including but
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not limited to cost of maintenance for air curtains and related services. The assessment for each lot of property
will be based upon the number of Lots in the Assessment Area. The estimated assessment rate for the Fiscal 00
Year beginning October 1, 2023 is $575 per lot per year or $47.92 per lot per month. A more specific c00
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description is set forth in the Initial Assessment Resolution adopted by the Board of County Commissioners on 2
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April 19,2023. C
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The assessments will be collected by the Tax Collector on the ad valorem tax bill, commencing with the tax
bill to be mailed in November 2023, as authorized by Section 197.3632, Florida Statutes. Failure to pay the
assessments will cause a tax certificate to be issued against the real property,which may result in a loss of title.
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If you have any questions,please contact Rhonda Haag at(305)453-8774 Monday through Friday between U
8:00 a.m. and 4:30 p.m.
The proposed Final Assessment Resolution may be inspected by the public at the Monroe County website by 0
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viewing the agenda packet for the June 21,2023 meeting,which will be posted beginning on June 8,2023 at: 0
http://monroecountyfl.igm2.com/citizens/def,iult.,ispx. The resolution may also be viewed at the Monroe 0
County Attorney's Office,at 1111 12t1i Street, Suite 408,Key West,FL 33040. 0
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The public can participate in the June 21, 2023 meeting of the Board of County Commissioners of Monroe
County, FL by attending in person or via Zoom. The Zoom link can be found in the agenda at:
http://monroecountyfl.igm2.com/citizens/def,iult.,ispx.
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ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-4441,
between the hours of 8:30 a.m.-5:30 p.m.,prior to the scheduled meeting; if you are hearing or voice-
impaired, call "711'% Live Closed-Captioning is available at our web portal at:
ht�://monroecounty tgm2.cou�/citizens/default as�x,for meetings of the Monroe County Board of County
Commissioners.
Dated at Key West, Florida, this day of April 2023.
15
Packet Pg. 3063
P.1.a
(SEAL) KEVIN MADOK, Clerk of the Circuit Court and Ex Officio
Clerk of the Board of County Commissioners of Monroe
County, Florida
Publication Dates:
Keys Weekly: Thur.,05/25/23
News Barometer: Fri.,05/26/23
Keys Citizen: Sat.,05/27/23 00
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Packet Pg. 3064
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APPENDIX B
FORM OF FIRST CLASS NOTICE TO BE MAILED
Monroe County ,, Board of County Commissioners
00
Sustainability Department r �� Mayor Craig Cates, Dist. 1
102050 Overseas Hwy., #2461 y Mayor Pro Tem Holly Merrill Raschein, Dist. !
Key Largo, FL 33037 �� ,� 00
Michelle Coldiron, Dist. 2 00
' James K. Scholl, Dist. 3 c
David Rice, Dist. 4 ®0
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May 31,2023
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«OwnerName1» 0
«OwnerName2»
«OwnerAdd 1» AK#:
«OwnerAdd2» Sequence Number: S12-«SegNum»
((City)) ((State)) ((Zip)) ((COUNTRY)) Sequence
Date: May 31, 2023
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Re: Notice of Proposed Maintenance Special Assessment for Canals 82-83-84 CN
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Dear Property Owner:
00
00
A municipal service benefit unit is being created to fund assessments for operation and maintenance costs �
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related to certain canal restoration activities in your area. The operation and maintenance work is necessary U)
in order to maintain the water quality improvement that has already been achieved on the canals. The type ra
of operation and maintenance work that is necessary depends on the type of canal restoration technology CU
U
that was used in each canal. The assessment for each lot is based on the cost of the operations and
maintenance and the number of lots on each canal. A more specific description of the assessment program
is set forth in the Initial Assessment Resolution adopted by the County Commission on April 19, 2023.
Information regarding the assessment for your specific property is shown below. CU
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Monroe County created the Monroe County Canals Municipal Service Benefit Unit to impose special
assessments to fund ongoing operations and maintenance costs for those canals in the canal restoration o
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program. The maintenance assessments will be collected on the ad valorem tax bill commencing with the tax
bill to be mailed in November 2023, as authorized by Section 197.3632, Florida Statutes. Failure to pay the
assessments will cause a tax certificate to be issued against the real property, which may result in a loss of o
title.
A more specific description of the improvements and the method of computing the assessment for each lot
of real property are set forth in the Initial Assessment Resolution adopted by the Board of County
Commissioners on April 19,2023. Copies of the Canal Restoration Program Assessment Ordinance,the Initial
Assessment Resolution (including an explanation of the assessment methodology)and the initial Assessment
Roll are available for inspection at the Monroe County Attorney's Office, 1100 121" St., Suite 408, Key West
Florida 33040 between the hours of 8:00 a.m.and 4:30 p.m., Monday through Friday. Information regarding
the assessment for your specific real property is attached to this letter.
The proposed assessments are based on the total overall future maintenance cost,divided by the number
of Lots on the canal. The annual assessment for each Lot will include its share of annual collection costs. An
17
Packet Pg. 3065
P.1.a
amount is also added to cover the statutory discount applicable to early payment of ad valorem taxes and
special assessments.
The total number of Lots attributable to the above tax parcel is:
The maximum Annual Maintenance Assessment that can be imposed without further notice for Fiscal Year
beginning October 1,2023 and for future fiscal years for the above parcel is$ ,which translates
to$ per Lot per month.
00
The estimated total revenue to be collected for the Assessment Area is$51,152 per Fiscal Year.
00
You are invited to attend a public hearing to adopt the Final Assessment Resolution scheduled for June 21, �i
2023 beginning at 9:00 a.m.at the Murray Nelson Government Center, 102050 Overseas Highway, Key Largo, 00
FL 33037. The Final Assessment Resolution will be available in the agenda packet for the hearing, to be
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published at http lmonroecountyfl,igm2.com/citizens/default.aspx beginning at 6:00 p.m.on June 8,2023. CU
All affected property owners have a right to appear at the hearing and to file written objections with the U
County Attorney's Office within 20 days following publication of this notice. If you decide to appeal any
decision made by the County Commission with respect to any matter considered at the hearing,you will need
a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony
and evidence upon which the appeal is to be made.
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In accordance with the Americans with Disabilities Act, if you are a person with a disability who needs special
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accommodations to participate in this proceeding, please contact the County Administrator at (305) 292-
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4441,between the hours of 8:30 a.m.—5:00 p.m.,no later than five(5)calendar days prior to the date of the M
hearing. If you are hearing or voice impaired,call "711". Q
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Questions regarding your assessment and the process for collection may be directed to the Monroe County
00
Sustainability Department at(305)453-8774, Monday through Friday between 8:00 a.m.and 4:30 p.m. I
00
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MONROE COUNTY,FLORIDA 00
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Packet Pg. 3066
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APPENDIX C
LEGAL DESCRIPTION OF ASSESSMENT AREA Q
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KEY LARGO AREA
Lots abutting canals on that portion of the unincorporated area of Monroe County bounded 00
on the west by Florida Bay, on the north by Latitude 25.291354, on the east by the Atlantic ci
00
Ocean, and on the south by Tavernier Creek, in Monroe County, Florida. U)
Canal 82: U
Between Lobster Lane and Bonito Lane, between Overseas Highway and open water. L-
4-
Canal 83:
Between Bonito Lane and Grouper Lane, between Overseas Highway and open water.
Canal 84:
Between Cuda Lane and Grouper Lane, between Overseas Highway and open water.
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Packet Pg. 3067
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APPENDIX D
DESCRIPTION OF LOTS BY ASSESSMENT AREA
The Assessment Area shall consist of the following properties located in the
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unincorporated area of Monroe County, Florida, on Canals 82, 83 and 84, as
identified by the property identification number provided by the Monroe County
Properly Appraiser. 00
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Packet Pg. 3068
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Maximum
Annual
#Abutting Assessment
Property ID OwnerName SitusAddress Lots Charge
00483950-000000 SUNRISE POINTE LLC 801 BONITO LN,KEY LARGO 1 $575.00
00484830-000000 SALTZMAN PATRICIA REV LIV TR 5/28/2008 928 LOBSTER LN,KEY LARGO 2 $1,150.00
00483830-000000 IZQUIERDO ARIEL 827 BONITO LN,KEY LARGO 2 $1,150.00
00483930-000000 CONFIDENTIAL CONFIDENTIAL 2 $1,150.00
00
00483810-000000 RIVAS ARGELIO A 831 BONITO LN,KEY LARGO 1 $575.00
00483820-000000 JONES OWEN T 829 BONITO LN,KEY LARGO 1 $575.00
00483850-000000 MP HOLDINGS LLC 823 BONITO LN,KEY LARGO 1 $575.0000
Cf3
00483850-000100 FERREIRO DENYS 821 BONITO LN,KEY LARGO 1 $575.00
00483870-000000 QUADE JORDAN KYLE 819 BONITO LN,KEY LARGO 1 $575.00 00
00
00483880-000000 NAVARRO ARIEL RAMIREZ 817 BONITO LN,KEY LARGO 1 $575.00 2
00483890-000000 FERRY ROBERT C 813 BONITO LN,KEY LARGO 1 $575.00
00483900-000000 811 BONITO LANE LLC 811 BONITO LN,KEY LARGO 1 $575.00
L)
00483910-000000 PACIOS RAMON J REVOCABLE TRUST 10/29/2020 809 BONITO LN,KEY LARGO 1 $575.00
00483920-000000 SALVA CONCEPCION A 807 BONITO LN,KEY LARGO 1 $575.00 0
00484840-000000 REDRUELLO DANIELA 930 LOBSTER LN,KEY LARGO 1 $575.00
00484850-000000 BENITEZJESUS M 932 LOBSTER LN,KEY LARGO 1 $575.00
00484860-000000 JUBILEE FAMILYTRUST 10/17/2018 926 LOBSTER LN,KEY LARGO 1 $575.00
00484870-000000 VILLALOBOS MARITZABEL 924 LOBSTER LN,KEY LARGO 1 $575.00
00484880-000000 KAUFMAN KEVIN A 922 LOBSTER LN,KEY LARGO 1 $575.00
00484890-000000 KNAPP PAUL L 920 LOBSTER LN,KEY LARGO 1 $575.00
00484900-000000 KRISON PROPERTIES LLC 918 LOBSTER LN,KEY LARGO 1 $575.00
00484910-000000 WROBLESKI MARK 916 LOBSTER LN,KEY LARGO 1 $575.00
C°4
00484920-000000 WROBLESKI MARK 914 LOBSTER LN,KEY LARGO 1 $575.00 N
00484930-000000 SCHEIDER WILLIAM B 912 LOBSTER LN,KEY LARGO 1 $575.00
00484970-000000 KELLEYJOHN PATRICK TRUST AGREEMENT 3/8/2019 908 LOBSTER LN,KEY LARGO 1 $575.00
00484970-000100 HERRERA SERGIO 906 LOBSTER LN,KEY LARGO 1 $575.00
00
00484970-000101 EMERSON TODD J 900 LOBSTER LN,KEY LARGO 1 $575.00 �j
00
00484970-000200 FORBES JAVIER TRUST 910 LOBSTER LN,KEY LARGO 1 $575.00 1
00483800-000000 SANAL INVESTMENTS LLC 833 BONITO LN,KEY LARGO 1 $575.00 00
95175 OVERSEAS HWY UNIT1-4, 2
00483780-000100 SALTY DOG INVESTMENTS LLC KEY LARGO 1 $575.00
00484190-000000 ACOSTA ANTONIO 729 GROUPER LN,KEY LARGO 1 $575.00 t,3
00484290-000200 ALVAREZJUAN CARLOS 707 GROUPER LN,KEY LARGO 1 $575.00
00484150-000000 SLAUGHTER MICHAEL B REV REAL ESTATE TRUST 10/12802 BONITO LN,KEY LARGO 2 $1,150.00
00484290-000000 ALVAREZJUAN CARLOS 711 GROUPER LN,KEY LARGO 2 $1,150.00
00483990-000000 IGLESIAS MAYTE 832 BONITO LN,KEY LARGO 1 $575.00
00484000-000000 PACHECO FREDESJR 830 BONITO LN,KEY LARGO 1 $575.00 C3
00484010-000000 LOPEZ CHRISTOPHER M 828 BONITO LN,KEY LARGO 1 $575.00
00484020-000000 GINORISJOSCELYNE 826 BONITO LN,KEY LARGO 1 $575.00
00484030-000000 RODRIGUEZ IVETTE 824 BONITO LN,KEY LARGO 1 $575.00 O
L)
00484040-000000 CORDERO JOSE 822 BONITO LN,KEY LARGO 1 $575.00
00484050-000000 RAMSEY BRUCE M REV TR 01/19/2005 820 BONITO LN,KEY LARGO 1 $575.00 0-
00484060-000000 PIONEER INVESTMENT ENTERPRISES INC 816 BONITO LN,KEY LARGO 1 $575.00 9=
O
00484070-000000 VAZQUEZJESUSCHINEA 814 BONITO LN,KEY LARGO 1 $575.00
00484080-000000 PERRY EDOUARD B A 812 BONITO LN,KEY LARGO 1 $575.00 4i
00484100-000000 ADRIAN GEORGE REVOCABLE TRUST2/17/2005 810 BONITO LN,KEY LARGO 1 $575.00
00484110-000000 CHORON RONALD L 804 BONITO LN,KEY LARGO 1 $575.00
00484120-000000 PTASHINKSIJOSEPH 806 BONITO LN,KEY LARGO 1 $575.00
00484130-000000 BRAUN MICHAEL D 800 BONITO LN,KEY LARGO 1 $575.00
00484160-000000 LESTINO JOHN ROBERTJR 95115 OVERSEAS HWY,KEY LARGC 1 $575.00
21
Packet Pg. 3069
P.1.a
00484200-000000 ACOSTA ANTONIO 727 GROUPER LN,KEY LARGO 1 $575.00
00484210-000000 LLERENA AURELIO 725 GROUPER LN,KEY LARGO 1 $575.00
00484220-000000 FADIO GEORGE J 723 GROUPER LN,KEY LARGO 1 $575.00
00484230-000000 721 SERVICE LLC 721 GROUPER LN,KEY LARGO 1 $575.00
00484240-000000 HUTSON RALPH 719 GROUPER LN,KEY LARGO 1 $575.00
00484250-000000 MCCABE HARRY M 717 GROUPER LN,KEY LARGO 1 $575.00
00484270-000000 DIAZ PEDRO E 715 GROUPER LN,KEY LARGO 1 $575.00
00484290-000100 MARTINEZ ERNESTO 713 GROUPER LN,KEY LARGO 1 $575.00
00484290-000300 SCHWARTZ ALAN LIVING TRUST09/24/2019 705 GROUPER LN,KEY LARGO 1 $575.00 00
00484350-000000 703 GROUPER LANE LLC 703 GROUPER LN,KEY LARGO 1 $575.00
00483980-000000 CALLAHAN MARYTANNA VACANT LAND,KEY LARGO 1 $575.00 yy
00484180-000000 DOLPHIN MONTESSORI CHILDRENS HOUSE INC VACANT LAND,KEY LARGO 1 $575.00 00
00483530-000000 LARGOLUX CORPORATION 720 GROUPER LN,KEY LARGO 1 $575.00 N
00
00483560-000000 MONTES DE OCA RAULJ 726 GROUPER LN,KEY LARGO 1 $575.00 Uy
00483660-000000 BATISTA RAMON 629 CUDA LN,KEY LARGO 3 $1,725.00
00483470-000000 CASARETTO ALBERTO 700 GROUPER LN,KEY LARGO 2 $1,150.00 fm
00483720-000000 PAWLIKJAMES L 613 CUDA LN,KEY LARGO 2 $1,150.00
00483480-000000 CABRERAJUAN 704 GROUPER LN,KEY LARGO 1 $575.00 0
00483490-000000 VERDE RENE V 706 GROUPER LN,KEY LARGO 1 $575.00
00483500-000000 HARROUFF WADE B 712 GROUPER LN,KEY LARGO 1 $575.00
00483500-000100 JONES DAVID M 714 GROUPER LN,KEY LARGO 1 $575.00
00483520-000000 VAN HEDEN FAMILY REVOCABLE TRUST7/17/2014 718 GROUPER LN,KEY LARGO 1 $575.00 CL
00483540-000000 LARGOLUX CORPORATION 722 GROUPER LN,KEY LARGO 1 $575.00
00483550-000000 KAKKO MATTI 724 GROUPER LN,KEY LARGO 1 $575.00
00483570-000000 CARPENTER GARYS 728 GROUPER LN,KEY LARGO 1 $575.00 U
00483580-000000 ANCHETA MAIKEL 730 GROUPER LN,KEY LARGO 1 $575.00 cry
00483590-000000 SERPICO JOSEPH 732 GROUPER LN,KEY LARGO 1 $575.00 N
00483600-000000 CAO ALFREDO J 734 GROUPER LN,KEY LARGO 1 $575.00 C11
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00483610-000000 PEREZ NOEL RUIZ 95051 OVERSEAS HWY,KEY LARGC 1 $575.00
00483620-000000 HERNANDEZSTEVEN 637 CUDA LN,KEY LARGO 1 $575.00
00
00483630-000000 633 CUDA LLC 633 CUDA LN,KEY LARGO 1 $575.00 ivI3
00483670-000000 DIMONE MICHAEL 625 CUDA LN,KEY LARGO 1 $575.00 000
00483680-000000 SALAS DELSYS 623 CUDA LN,KEY LARGO 1 $575.00 N
00
00483690-000000 CHAO VICTOR A 621 CUDA LN,KEY LARGO 1 $575.00 U3
00483700-000000 FLEMING WILLIAM F 619 CUDA LN,KEY LARGO 1 $575.00
00483710-000000 MADAN ROGER 615 CUDA LN,KEY LARGO 1 $575.00
00483740-000000 MERILLE JOSE AND LIZETT REVOCABLE TRUST 607 CUDA LN,KEY LARGO 1 $575.00 U
00483750-000000 601 CUDA PROPERTIES LLC 601 CUDA LN,KEY LARGO 1 $575.00
00483960-000000 NUNEZ ERICK 803 BONITO LN,KEY LARGO 1 $575.00
00484360-000000 CALHOUN DENNIS L 701 GROUPER LN,KEY LARGO 1 $575.00
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22
Packet Pg. 3070
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RESOLUTION NO. 525 -2022
A RESOLUTION OF MONROE COUNTY, FLORIDA
ANNOUNCING NOTICE OF INTENT TO USE THE UNIFORM
METHOD OF COLLECTING NON-AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN THE COUNTY BEGINNING
WITH THE TAX BILL ISSUED IN NOVEMBER 2023 FOR CANAL
RESTORATION PROJECTS ON CANALS 82, 83 AND 84 IN KEY
LARGO; CANAL 105 IN TAVERNIER; CANALS 255, 287, 290,
295, 297 AND 315 IN BIG PINE KEY; AND CANAL 474 IN
GEIGER KEY; STATING A NEED FOR SUCH LEVY; PROVIDING
FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
00
WHEREAS, on October 18, 2017, Monroe County Board of County Commissioners
00
("BOCC") adopted Ordinance No. 021-2017 ("Ordinance"), creating a Monroe County Canals C;
00
Municipal Service Benefit Unit ("MCBU"), allowing for the future financing of improvements in a U)
canal restoration program through the collection of non-ad valorem special assessments; and
WHEREAS, under Section 197.3632(3)(a), Florida Statutes, and Section 4.01 of the U
Ordinance, if Monroe County ("County") intends to collect a special assessment for the first time
in a geographic area, the County is required to adopt a resolution stating its intent prior to January
1 prior to the tax year in which the assessment will be collected, stating the need for the levy and
the legal description of the boundaries of the real property subject to the levy; and
WHEREAS, Monroe County (the "County") is contemplating the imposition of special N
assessments beginning in November 2023 in order to pay for operations and maintenance cost N
for restoration and air curtains on Canals 82, 83 and 84 in Key Largo; Canal 105 in Tavernier; LO
Canals 255, 287, 290, 295, 297 and 315 in Big Pine Key; and Canal 474 In Geiger Key; with the LO
boundaries of the real property shown on Exhibit A to this Resolution, incorporated by reference;
and
WHEREAS, if assessments are used for these projects, the County intends to use the
uniform method for the levy and collection of non-ad valorem special assessments, as authorized
by section 197.3632, Florida Statutes, because this method will allow such special assessments
to be collected annually commencing in November 2023; and
WHEREAS, use of the uniform method provides a benefit to the property owners who are
paying the cost of the canal restoration, in that it allows the property owners to amortize the costs
and pay a portion on each year's tax bill; and
WHEREAS, the assessments are necessary in order to have the property owners of the
properties that receive the benefit of canal restoration programs also pay for ongoing operations
and maintenance of the canal restoration methods; and
WHEREAS, if the County proceeds with the assessment programs, adoption of this
"notice of intent' resolution will be followed by adoption of an initial assessment resolution and
final assessment resolution, later in the Spring, which will provide specific details about (a) the
amount of the assessment, (b) which properties will be subject to the assessment, and (c) the
amount of the assessment for each individual lot or parcel; and
WHEREAS, the County held a duly advertised public hearing prior to the adoption of this
Resolution, proof of publication of such hearing being attached hereto as Exhibit B.
1
Packet Pg. 3071
P.1.b
NOW, THEREFORE BE IT RESOLVED:
1. Commencing with the Fiscal Year beginning on October 1, 2023, and with the tax
statement mailed for such Fiscal Year and continuing thereafter until discontinued by the County,
the County intends to use the uniform method of collecting non-ad valorem assessments
authorized in section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem
assessments for the cost of providing canal restoration on certain properties located adjacent to
Canals 82, 83 and 84 in Key Largo; Canal 105 in Tavernier; Canals 255, 287, 290, 295, 297 and
315 in Big Pine Key; and Canal 474 In Geiger Key (the "Canals"). Such non-ad valorem
assessments shall be levied within the County. A legal description of such area subject to the
assessment is attached hereto as Exhibit A and incorporated by reference.
2. The County hereby determines that the levy of the assessments is needed to fund
the cost of operations and maintenance for the canal restoration projects performed on the
Canals. 00
3. Upon adoption, the County Clerk is hereby directed to send a copy of this
Resolution by United States mail to the Florida Department of Revenue, the Monroe County Tax 00
Collector, and the Monroe County Property Appraiser by no later than January 10, 2023. Ci
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4. This Resolution shall be effective upon adoption.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 0
Florida, at a regular meeting of the Board held on the 7"' day of December 2022.
Mayor Craig Cates yY-
Mayor Pro TernHolly Merrill Raschein Yes N
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Commissioner Michelle Lincoln Yes LO
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¢g ommissioner James K. Scholl Yes
mmissioner David Rice Yes
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% t. ADOK, CLERK BOARD OF COUNTY COMMISSIONERS
+'�°••�o��.. �`�`' OF MONROE COUNT' LORIDA
--^r, .....�... .�._.
As Deputy Clerk Mayo
Approved as to form and legal sufficiency:
Monroe County Attorney's Office 11-15-2022
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Packet Pg. 3072
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Exhibit A -- Legal Description of Areas
KEY LARGO AREA
That portion of the unincorporated area of Monroe County bounded on the west by Florida Bay,
on the north by Latitude 25.291354, on the east by the Atlantic Ocean, and on the south by
Tavernier Creek, in Monroe County, Florida.
Canal 82:
Between Lobster Lane and Bonito Lane, between Overseas Highway and open water.
Canal 83:
Between Bonito Lane and Grouper Lane, between Overseas Highway and open water. 00
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Canal 84:
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Between Cuda Lane and Grouper Lane, between Overseas Highway and open water.
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TAVERNIER AREA
Canal 105:
Between Orange Blossom Road and Stinger Road, between Old Fashion Road and open water.
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BIG PINE KEY AREA
An island within unincorporated Monroe County, lying between Little Torch Key to the west;
Howe Key, Cutoe Key, Barnes Key and Annette Key on the north, and open water including the
Gulf of Mexico, Big Spanish Channel, Pine Key Bight, and the Atlantic Ocean on the east and
south.
Canal 255:
Between Louise Street and Big Pine Street, between Central Avenue and open water.
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BIG PINE KEY AREA, cont'd:
Canal 287:
Between Atlantis Drive and Hollerich Drive, between Sands Road and open water.
Canal 290:
Between Avenue J and Avenue I, between 3rd Street and open water.
Canal 295: 00
Between Avenue H and Avenue G, between 4th Street and open water. 00
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Canal 297:
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Between Avenue G and Avenue F, between 4th Street and open water.
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BIG PINE KEY AREA, cont'd:
Canal 315:
Between Beach Drive and Warner Street, between overseas highway and open water.
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GEIGER KEY AREA
Canal 474:
Between Sun Lane and Vega Lane, between Star Lane and open water.
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Exhibit B— Proof of Publication
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t°m''aAn V W 1 II'.
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO ADMIN/BOCC
1100 SIMONTON ST STE 2-205
KEY WEST FL 33040
Account: 423273 Ticket: 3868893
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
00
Before the undersigned authority personally appeared
M
Melinda Prescott who on oath says that he or she is 00
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The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa- U
per in the issues of: L_
4-
Wednesday, November 9,2022
Wednesday, November 16,2022
Wednesday, November 23,2022
Wednesday, November 30,2022 CL
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Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru �
Saturday weekly,and has been entered as periodicals matter at the post office in LO
Key West, in said Monroe County, Florida,for a period of 1 year next preceding 0
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise- U)
ment for publication in the said newspaper.
(Signature ofAffiant)
Affirmed and subscribed before me this 1 st day of December 2022
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
�� t �� �roea��
�sr 5 �,9m
��1�'t�ioyrrm if�sCnrn I�"� J�,�ffiGM i
ttWi �nr�a��� �r2u`P:��12�a
Packet Pg. 3080
7AKEvs Cut-N.WEDNEsDAv,NoveMeen 30,2022
County dRFAS(R°d gF,-it Manim°n and the w°n NOTICE OF INTENT TO USE UNIFORM
All',deu S�s[em)err ROGO lair err the City of Key West's
FROM PAGE lA
Rate of Growth Ordivane,) language Then governorRick METHOD OF COLLECTING
unit The court ruled that the Scutt and Florida Cabinet
and died in the Florida am,ndm,nt,tu the approved then 1,200 NON-AD VALOREM ASSESSMENTS
House of Representative,. rempr,heu,ne plan maintrrin ROGO/RYAS units and the
A r ently e.mpleted a hurricane u.watiun stare Depaztrn,ntef Fvnomic NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on December 2022,
study estimates it will cost clearance time fur permanent Oppe,t it) implemented at 9:00 a.m.or as soon thereafter as it may be heard,at the Monroe County BOCC
sl.8 billion m elevate the resident,of no more than 24 the program,so state officials Chambers at the Murray Nelson Government Center,102050 Overseas Highway,Key
nmt/s roads.If successfol hours.The new units were to may soup altering the state Largo,Florida,the Monroe County Board of County Commissioners will consider
m Tallahassee, and then be used fer housing in which slature,which would have tu adoption of the following resolution:
passed by the lecal voters, the u¢epaut,agreed re leave be dune le a slate legislator
the sales lax increase would within 481 ours,to hurricane sponsoring a bill and it A RESOLUTION OF Monroe County,FLORIDA ELECTING TO USE THE UNIFORM
generate ld urt Sm milllen annually making landfall. being passed by the Florida METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED
and cou be bonded fer up to The 3rd District Ce Legislature WITHIN THE County FOR ROADWAY IMPROVEMENTS AND SEA LEVEL RISE
SIR million. of Appeal reed then The Monroe Cum,ty IMPROVEMENTS;STATING A NEED FOR SUCH LEVY;PROVIDING FOR THE
,increase would A sales to allecatien of unit,violated Comne,,inn is also pursuing MAILING OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE.
give the r.only greater slate Statute 380.0552 that set to repeal err amend HR 735,a
centreI ever funding and not up the Area of Critical State preemptien bill that prohibits The resolution,if adopted,would indicate the Countys intent to use the uniform method
force its staff and lobbyists to Cencem fer the areas of the local gevemmentuccupatienal of collecting non-ad valorem special assessments to be levied within the County as
continually ask federal and Florida Keys that includes licensing affecting lecal authorized by section 197.3632,Florida Statutes,for the cost of providing roadway
slate agencies fer funding fer t,lw o1a and Mouton. cuntooter,and trade peeple, improvements and sea level rise improvements for the Fiscal Year beginning on October
resiliency projects,proponent, The City of Key West is not Thebfll passed in 2021 and the 1,2023 and continuing until discontinued by the County.
say, subject tu the stature because only estimated mere than
Redrigu,a and Mooney will itsetup it,evm,AreaefCritical 300 peeple ceuld lose their The proposed resolution,which contains the legal description of the real property
also be asked to change state State Concern separate from jobs err businesses because of subject to the levy and slates the need for the special assessment,can be inspected
legislatien guiding hurricane the rest of the Keys and was en,newla,. by the public by viewing the agenda packet to r this meeting at:httpJ/mon roecountyfl.
uatien in the Florida Keys allowed tukeep its share The c only c igm2.com/cifzens/default.aspx
or der,to all fur 300 more of new RYAS unit,.Ceunty alsemadeapriurityufmckmg
slate building al ocatiens earth e 1.. vuted to seek with the state Legislature tu All interested persons are invited to attend,eiNerin person orbyzoom.The zoom Zink
fer lslamerada and Marathon, 300 mere ROGO unit,as well, support home rule and fight can be found at:ht4)J/monroecountvfl.igm2.com/citizens/default.aspx
and pessibly 300 tu the but have held off on moving against preemption bills and °
Meurer County gevemm,nt feed en a fermal request preserve affordable wind- Pursuant to Section 286.0105,Florida Statutes,notice is given thatifa person decides 00
This,lame,Neled District until the issue is resolved in storm property i to appeal any decision made by the Board with respect to any matter considered at "'L3
Ceurt of Appeal e,rermled court rates by uppesing effete-to such hearings ormeefings,he will need a record of tee proceedings and Nat,forsuch
n administrative law judges Since the ruling, Keys in rase premiums,eliminate purpose,he may need to ensure that a verbatim record of the proceedings is made,
d,dsien that found the d c"
officials have begun to discuss the cap en annual increases, which record includes the testimony and evidence upon which the appeal is to be based.
of Islamerada and Marathon changing the Late strmtre that reduce coverage and reduce
ceuld,achhave300newstare- dictates huricane,vacuatien eligdlity. ADA ASSISTANCE: If you are a person with a disability who needs special 00
issued building allecatiens turn,language for lslanuuada, toharagkeysnews.com accommodations in order to participate in this proceeding,please contact the C
County Administrator's Office,by phoning(305)292-4441,between the hours of 00
8:30a.m.-5:00p.m.,prior to the scheduled meeting;if you are hearing or voice-
impaired,call`711". Live Closed-Captioning is available via our web portal
Workshops Manatees http://inonroecountyfl.igm2.com/Citizens/Default.aspx for meetings of the Monroe CU
County Board of County Commissioners. 9=
FROM PAGE lA FROM PAGE lA CU
Dated at Key West,Florida,this_day of November 2022. L)
the community regarding renovations ce he arrived at S,aWerld fer treatment and
m 8ayvl,w Park and a workshop 1s reha ulitanen it, :disc ,red that he had Y"
scheduled ferWednesday,Dec7 some inflammatory changes in his blood and was fffyG nkm" KEVINMADOK,Clerk of the Circuit Court and ex officio 0
Erem5m 630p n at City Hall dehydrated Stella said. k r Clerk of the Board of County Commissioners of Monroe
Th,histeic park is1 rue te several S t -turS t y vred excellent A v 1 County,Florida
d veterans menocials tennis care f tFri,vanc.s j - undidens and
,d basketball urts a ballheld a d[ermined t be healthy and can return
bandstand and the Buys&Girls Club. tu the Florida Keys waters,Stella said.
The werkshe -petted te de More covert e m d hofo n hs o fhe relerrse rubkearon mtea X
p is ezpec pmvi ng p gi"p f %y W,tC,taen:November 9,16,23,and tch of 2022
[he city with feedback frem the will be in the Fodav,No,.Z edition offs,Kevs Keys weekly November 10,17,24 and December 1,2022
n miry en the best ways to give (:ifize¢ News Barometer:November 11,13,21 and December 2,202E mow✓'
th,npink a facelift,according tu Crean tohara@keysnews.eom _
NOTICE OF INTENT TO USE UNIFORM NOTICE OF INTENT TO USE UNIFORM METHOD
OF COLLECTING NON-AD VALOREM ASSESSMENTS N
METHOD OF COLLECTING NO
The Board of County Commissioners of Monroe County, Florida ("the (°e1
NON-AD VALOREM ASSESSMENTS County')hereby provides notice,pursuant to Section 197.3632(3)(a),Florida
Statutes,of its intent to use the uniform method of collecting non-ad valorem
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN thaton December 7,2022, special assessments,for the cost of providing certain wastewater capital
at 9:00 a.m.or as soon thereafter as it may be heard,at the Monroe County HOGG improvements and connections,to be levied within the unincorporated area
Chambers at the Murray Nelson Government Center,102050 Overseas Highway,Key of Monroe County encompassing the Stock Island,Key Haven,Big Coppitt,
Largo,Florida,the Monroe County Board of County Commissioners will consider Lower Sugarloaf through Big Pine Key,No Name Key,Long Key,Duck Key;
adoption of the following resolution: excluding Indies Islands,and three(3)parcels on Boca Chica:REN 122870- 0
000000,0122880-00000,and 122890-000000 for the fiscal year beginning U)
A RESOLUTION OF Monroe County, FLORIDA ANNOUNCING NOTICE OF on October 1, 2023 and continuing each year until discontinued by the
INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM County.The County will consider the adoption of a resolution electing to use
SPECIAL ASSESSMENTS LEVIED WITHIN THE County BEGINNING WITH the the uniform method of collecting such assessments authorized by Section ate,
TAX BILL ISSUED IN NOVEMBER 2023 FOR CANAL RESTORATION PROJECTS 197.3632,FIonda Statutes,at a public hearing to be held on December 7,2022
in the Commission Chambers,Murray E.Nelson Government Center,102050
ON CANALS 82,83 AND 84 IN KEY LARGO;CANAL 105 IN TAVERNIER;
CANALS 255,287,290,295,297 AND 315 IN BIG PINE KEY;AND CANAL Overseas Highway, Key Largo, Mile Marker 102 and Communications
4741N GEIGER KEY;STATING A NEED FOR SUCH LEVY;PROVIDING FOR THE Media Technology(CMS. Such resolution will state the nee ed for the levy and
MAILING OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. will contain a legal description of the boundaries of the real property subject to
the levy.All interested persons are invited to attend. ('
The proposed resolution,which contains the legal description of the real property The proposed resolution may be inspected by the public at the Monroe
subjecttothe levy and statesthe need forthe special assessment,can be inspected by County website by viewing the agenda packet for the December 7 BOCC
the public by viewing the agenda packet for this meeting at: BUIPWirommecounlyll. meeting which will be posted beginning on November 25,2022 at:httpJ/
igm2.com/citizens/default.aspx monmecountyfl.igm2.con-Vcitizens/default.aspx.The resolution may also be
viewed at the Monroe County Attorney's office at 1111 12th St.Ste.408 Key
All interested persons are invited to attend,either in person or by zoom.The zoom West,FL 33040.
link can be found at:hUp://monroecountvfl.igm2.com/citizens/default.aspx
The public can participate in the December 7,2022,meeting of the Board of
Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person County Commissioners of Monroe County,FL by attending in person or via
decides to appeal any decision made by the Board with respect to any matter zoom.The Zoom link can be found in the agenda at http://monmecountyfl.
considered at such hearings or meetings,he will need a record of the proceedings igm2.con-Vcitizens/default.aspx.
and that,for such purpose,he may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence upon Pursuant to section 286.0105,Florida Statutes,notice is given that if a person
which the appeal is to be based. decides to appeal any decision made by the Board with respect to any
matter considered at such hearings or meetings,he will need a record of the
ADA ASSISTANCE: If you are a person with a disability who needs special proceedings,and that,for such purpose,he may need to ensurethat averbatim
accommodations in order to participate in this proceeding,please contact the record of the proceedings is made,which record includes the testimony and
County Administrator's Office,by phoning(305)292-4441,between the hours evidence upon which the appeal is to be based.
of 8:30a.m.-5:OOp.m.,prior to the scheduled meeting;if you are hearing or ADAASSISTANCE.If you are a person with a disability who needs special
voice-impaired,call"711". Live Closed-Captioning is available via our web accommodation in order to participate in these proceeding,please
portal @ http://monroecou dyfl.igm2.com/Citizens/Default.aspx for meetings of contact the County Administrator's Office,by phoning(305)292-4441,
the Monroe County Board of County Commissioners. between the hours of 8.30 a.m.-5:00 p.m.,no later than five(5)calendar
days prior to the scheduled meeting;if you are hearing or voice impaired,
Dated at Key West,Florida,this_day of November 2022. call"711".Live Closed-Captioning is available via our web portal @ http://
monroecountyfl,gm2.com/Citizens/Default.aspx for meetings of the
Monroe County Board of County Commissioners.
f1 KEVIN MADOK,Clerk of the Circuit Court and ex
officio Clerk of the Board of County Commissioners Dated at Key West,Florida this 2ndt day of November,2022.
of Monroe County,Florida
µ ' Kevin Madok,Clerk
•-- and ex officio Clerk of the Board of County
r bi_anon oats_ Commissioners of Monroe County,Florida
Keywen Citrzert November 9,16,23,and tch,1202E
Keys Weekly November 10,17,24 antl December 1,202E Publ'cet on netea
News Barometer:November 11,18,21 antl Decem bur 2,2022 Key west Cii-November 9,16,23,and 30th of 2022
Keys weekly Nwemder,flee and Deeemder12 _ Packet Pg. 3081
WEEKw aL NOTICE OF INTENTTO USE NOTICE OF INTENTTO USE NOTICE OF INTENTTO'USi NOTICE OF INTENTTO USE
UNIFORM METHOD OF UNIFORM METHOD OF UNIFORM METHOD OF -UNIFORM METHOD OF
COLLECTING ' COLLECTING COLLECTING COLLECTING
Published Weekly NON-AD VALOREM NON-ADVALOREM NON-ADVALOREM NON-AD VALOREM
ASSESSMENTS ASSESSMENTS ASSESSMENTS ASSESSMENTS
Marathon,Monroe County,Florida NOTICE IS HEREBY GIVEN TO NOTICE 15 HEREBY GIVEN TO NOTICE 15 HEREBY GIVEN TO NOTICE IS HEREBY GIVEN TO
,WHOM IT MAY CONCERN that WHOM IT MAY CONCERN that WHOM IT MAY CONCERN that on WHOM IT MAY CONCERN that on
on December 7,2022,at 9:00 on December 7,2022,at 9-100 December 7,2022,at 9:00 a.m. December 7,2022,at 9:00 a.m.
PROOF OF PUBLICATION a.m.or as soon thereafter as it a.m.or as soon thereafter,as it pray gthefeefteresit or as soon thereafter as it may
maybe hiaid,at the Mono 000,*h0o, y be heard,at the Monroe County
be heard at1fie'llon(tie 006hir
t Arr
STATE OF FLORIDA 2 Neho4ovo rom 1 0 1 0, e6 at the Murray
County 80CC Chambers at the '67" #=,'Ch mboisj,ftfle BOCC Chambers at the Murray
0 BBC Cj;M�11
*64yNeficin, o"r6motit y, i Nelson Government Center, , Nelson Government Center,
Center,1162652verseas C"Titer 10,200 Overseas" jo�,050 Over,00 1 f?, 102050 0;ve,ws Highway,
'y'Lag�Florida,the ' W, Key taf%y,Fbtldii,t a Movoe
COUNTY OF MONROE Ke fl,Old
yto Pit Oyt,of`
,riOnty oard'of County'P19 0 ard of
Monr6k,( I I 0", �� , 't AT,tinly C06
Before the undersigned authority Our$Y) 0 Mord of(ourivy
y COMO$0660rs 411 consider oln N W,0 0 6,wi I ttonsitrw" 'or
personally appeared JASON KOLER who adoption of the following adboil6nof the following Commissioners will consider adoption of the Wfo11licii1n'g1'4
resolution: resolution; adoption of the following resolution:
on oath, says that he is PUBLISHER of A RESOLUTION OF Monroe A RESOLUTION OF Monroe, , resolution: A RESOLUTION OF Monroe
the WEEKLY NEWSPAPERS, a weekly Tn FLORIDA ANNOUNCING Count)&FLORIDA ANNOUNCING A RESOLUTION OF Monroe County,FLORIDA ANNOUNCING
Cou 10 T TTO County,FLORIDA ANNOUNCING
No CIOF IN EN U E NOTICE OF INTENTTO USE NOTICE OF INTENT TO USE NOTICE OF INTENTTO USE T 0 MM T 0 0 'U j THE UNIFORM METHOD OF
newspaper published in Marathon, in HE NIF R E H DS r T114E NIFOAM METHOD OF
COLLECTING NON-AD VALOREM COLLECTING NON-'AD VALOREM THE UNIFORM METHOD OF COLLECTIN6"NON-AD VALOREM
Monroe County, Florida: that the SPECIAL ASSESSMENTS LEVIED SPECIAL ASSESSMENTS LEVIED COLLECTING NON"'AD VALOREM SPECIAL ASSESSMENTS LEVIED
attached copy of advertisement was WITHINTHE County BEGINNING WITHINTHE County BEGINNING SPECIAL ASSESSMENTS LEVIED WITHIN THE County BEGINNING
WITH theTAX BILL ISSUED IN WITH the TAX BILL ISSUED IN WITHNTHE Countr BEGINNING WITH the TAX BILL ISSUED IN
published in said newspaper in the NOVEMBER 2023 FOR CANAL NOVEMBER 2023 FOR CANAL WITH the TAX BILL SSUED IN NOVEMBER 2023 FOR CANAL 00
issues of:(clate(s)of publication) RESTORATION PROJECTS ON 00ORATION PROJECTS ON NOVEMBER 2023 FOR CANAL RESTORATION PROJECTS ON
CANAL$82'j 83 AND 84 IN CANALS 82 83 AND 84 IN RESTORATION PROJECTS ON
CANALS 82,83 AND 84 IN
KEY LARGO;CANAL 105 IN KEY LARGO CANAL 105 IN CANALS 82,83 AND 84 IN KEY LARGO;CANAL 105 IN
TAVERN IEA;,CANALS 255,287, TAVERNIER,`CANALS 255,287, KEY LARGO,CANAL 105 IN TAVERNIER;CANALS 255,287,
&vetnhd�fl.W 202 00
290,295�107 AND 315 IN BIG 290,j§S,2�7 AND 315 IN BIG TAVERNIER;CANALS 255,287, 290,295,297 AND 315 IN BIG -
PINE KEY,AND CANAL 474 IN PINE KEY;AND CANAL 474 IN 290,295,297 AND 315 IN BIG PINE KEY,AND CANAL 474 IN C14
GEIGER KEY;STATING A NEED GEIGER KEY;STATING A NEED PINE KEY;AND CANAL 474 IN GEIGER KEY;STATING A NEED 00
FOR UCH LEVY,PROVIDING FO'A,SUCH:LEVY;PROVIDING GEIGER KEY,STATING A NEED FOR SUCH LEVY,PROVIDING U)
Affiant further says/that the said WEEKLY FOR THE MAILING OF THIS HIS FOR SUCH LEVY;PROVIDING FORTHE MAILING OFTHIS, '@
RESOLUTION;ANIJ PROVIDINGPROVIDING FORTHE MAILING OFTHIS RESOLUTION;AND PROVIDING 9=
NEWSPAPERS is a newspaper published FORAN,EFFECTIVEDATE. E. RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. M
6,,Whf�,h FOR AN EFFECTIVE DATE. which L)
at Marathon, in said Monroe County, h*01101 Itie proposvi resflon,'�
ef p I t0flbo The�poppqsedres�lyti0r),wN(h corgoi6%,ftle legal ogdlptj 0
,'the
lk",to dCr �5 Nyeet
Florida,and that the said newspaper has to prop6r
K A,,"nA t 4-
id" ,nee
t :or T R.AV n A t
y� the 6 i(at e nee
canoonsfa*st lbf Owsoolif assessnigol,(ag W
heretofore been continuously published '17
5utilki to
he meet
In said Monroe County, Florida, once blic, for ihis, 1� I*jNsp,ex;(eO tiy the fitj� 1k by <
by by the#41all(by, t
cket v
each week (on Thursday) and has been 00,1 fo-11111s,ml"ti , 7
qualified as a second class mail matter at Xom/ & count Jqm2xbm/ (L
in
'On 4$
the post office in Marathon, In Monroe re invited At f, arii to& 06 1pX le'lovite4 C,4
County,Florida,for a period of one yearklint are Invited C14
by; rm1, The aom lk' I�jb6 to attood', 6,160,lfr perison or min Olt
k con be,
next preceding the first publication of ec',p(jotytt by,zodha,The gounijItik tait 40, ty,zoom,thei�Om link con be iounvyfl c.4
the attached copy of advertisement.The of tikasox l6kindatt liittpMrib,ltoewuntyfl, found at:hItpMnonrO6C0u"lyfL Lo
C14
Lo
affiant further says that he has neither ejsgWqefj PUrOilnt to Sk'tkin 2,60bi DS, Pursuant to Section 286.0105, elsqlWo
ifa Pierson I F1ofid4StatutCjNotI' l Ii Fl6tid#'Statute$,no k14,44voil, thAt If a I orsoo ic 5464pii0,01 0
%, 44 tha(I If a edd
paid nor promised any person, firm, or es to#poal I I anydec de the,64rd
fhlklfppersorr�dj, eshi'apo"01, a dvy, i6N)m 7 3 the'ooid VO4h 6�$0010 any rnaft0f
corporation any discount, rebate, al%clec sIoh'madp by#* i �44 I
Ord` otsonma oby
considered at such rings of Wil h res W h'*P0(,t,tbMyr04*r c(xi'0d6red*iuA heal"Osot
commission or refund for the purpose of "a[f,&oro onsl4e sqch,hearfigs or, rneqtinqs�he'will need a word 0
iord
mCeti , U)
thituor Mood" m6o(Inos,60 Oil lNeed a r, of the prii(vedIngsarAffrat for 0
kk kk securing this advertisement for rejo to, Of,the,0 bfthi'pr&CedIngi and that,for such purpose,he may neod'fo W
publication in the said newspaper(s)and reidr&of qrP%6"hem6Y Need to
e,obich ens4ii,thot a vOrbatIm record of the Oroce4ngs Is rn di,'Wfilth Z
ordol
that The w5p, rs is in full ti"M the PD
Wgekly Jefire y 010 W06*109S is m Ode,Which record includes the 140 moray 0
catmAlf-aao-with ._ChD_s;1er_5Q o�f the M-
oral rowdincttides th0testImony wNch the
I h and evidence u on E
appeal Is to be so,
F]p gi&jg g Stge_ atU-jes on Lecial an 'u,4re d ADA AS51STAINIM,If, oo are 4, U
h'puart'a A A� olu are a person withidKabIll ty.WhD
0 0�*
oda cos ty W4111
in'thIs
nft, proceeding,please con Ct
1l1 nty InI4 for's
lu
1), On 2,�,
Sworn toad s ibscr'bed before me etween, 0 ours ot 'P, y froping 305')�47 051292-1 1 of
4
8:30a-.m. p 10 8�39x
44,41, i#t�Wn the outs of
r 1 "0000 the
tbis/ ay of 2022. scheduIed,mpP0ng,,I 01,30a;
oett aK 0016M
(SEAL) hearing or vq-k,,#4f6 schOh" hmd�i?of Ice 1 ire CAII
"711" Live Crk��%Odj #"Vofco�l ArZW �111Cikri 'or 010013A ftAcAl l m7110, jiveClose& aptiorifn
in
/I isavallabloviaoir 'PtIabb1l Isavotable via otir web loAd
Via,00r, b ttA 1%0-41 evlaoOrweb' rta�,�
fl Via"
m, or
Notary OVDo awlt RX, r, �0' "100figs of the Monroe'county
Meet) $,Of the Monroe(oonty C 4
804td of cdon CamrhIssto"06" 00*130440 commIssfOr 11*60"5�,of'th,e Monroe Au(Z& Board dfCounty CornnOssioners,
,% D ,�4, Worid 6 Coongtle Co) ,, 1'101� Djited,at,Key Mst,I:lodda,00.5
Dated at Ai�211,Flo�f Ida,thil "j 'a(K ZsOkirldii li 001044,14 e5t"Florkti,this, ist day of Nowmber 20,25
,y
lit 41,y 11
,PlAd Njmeffiber,2024� $0040, KEVIN MADOK,,Cferk offR;
KEAN MAD%Qerk of the 'tl&kof the 9 ol f Circuit Court and
PINMAD% et 6 the
Clicolt'coor� antil,
ex Officlo Clerk of INC ex officio Clerk of the Board
I Board ex officlo Clerk of the Board ex officl6tlerk of the'Board or( CortimIssionor "MiSsioners of Monroe Cowtv,r1afida
'h of County Commissioners of
s6f OfCoq )MIssioners of of County�tbrn
*ty,f!6r1da MonroeCo rity,04rida
Publish:
CHARLOTTE HRUSKA November 10,17,24 and
Notary Public-State of Florida NoverN61 1(017,14 and
Puts Pt 111 10,17,24 and November 10,17,24 and NObikni r December 1,2022
Commission#HH 268536 Decomberi 2022 December 1,2022 The Weekly Newspapers
becernb&1 2612
My Comm.Expires Sep 1,2026 The,
The Weekly Newspapers The Weekly ikwspapOrs'
Domed through National Notary Assn.
Packet Pg. 3082
P.1.c
ORDINANCE NO. 021 - 2017
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING
TO THE IMPOSITION OF SPECIAL ASSESSMENTS FOR A
CANAL RESTORATION PROGRAM; CREATING AND
ESTABLISHING A MONROE COUNTY CANALS MUNICIPAL 00
SERVICE BENEFIT UNIT ("MSBU") TO FINANCE THE
IMPROVEMENTS; AUTHORIZING THE IMPOSITION AND00
COLLECTION OF ASSESSMENTS AGAINST PROPERTY c
00
WITHIN THE UNINCORPORATED AREA OF MONROE COUNTY;
ESTABLISHING THE PROCEDURES FOR IMPOSING
ASSESSMENTS; ESTABLISHING PROCEDURES FOR NOTICE u
AND ADOPTION OF ASSESSMENT ROLLS; PROVIDING THAT
ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED
PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLL;
PROVIDING THAT THE LIEN FOR AN ASSESSMENT _
COLLECTED PURSUANT TO SECTIONS 197.3632 AND
197.3635, FLORIDA STATUTES, UPON PERFECTION, SHALL
ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE
LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A
PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY
WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR
MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN
DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES,
AND CLAIMS; AUTHORIZING EXEMPTIONS AND HARDSHIP
ASSISTANCE; PROVIDING PROCEDURES FOR COLLECTION
OF ASSESSMENTS; AUTHORIZING THE ISSUANCE OF
OBLIGATIONS SECURED BY ASSESSMENTS AND PROVIDING
FOR THE TERMS THEREOF; PROVIDING THAT THE COUNTY'S a
TAXING POWER SHALL NOT BE PLEDGED; PROVIDING T
REMEDIES; DEEMING THAT PLEDGED REVENUES SHALL BE
CONSIDERED TRUST FUNDS; PROVIDING FOR THE
REFUNDING OF OBLIGATIONS; PROVIDING THAT THIS m
ORDINANCE IS AN ALTERNATIVE MEANS OF
IMPLEMENTATION AND FOR SEVERABILITY; PROVIDING FOR
THIS ORDINANCE TO BE LIBERALLY CONSTRUED;
PROVIDING FOR CONFLICTS AND CODIFICATION; PROVIDING
FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
2
Packet Pg. 3083
P.1.c
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
00
otherwise requires: 00
"Annual Rate Resolution" means the resolution described in Section 3.08 00
0
establishing the rate at which an annual canal assessment for a specific year shall be cC
computed. The final assessment resolution shall constitute the annual rate resolution 0
for the initial fiscal year in which an annual canal Assessment is imposed or reimposed.
"Assessed Property" means all parcels of land included on the Assessment
Roll that receive a special benefit from the delivery of the service, facility or program or
provision of a Local Improvement identified in the Initial Assessment Resolution.
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"Assessment" means a special assessment imposed by the County pursuant to
this Ordinance to fund the Capital Cost or Project Cost, if obligations are issued, of
Local Improvements or the Service Cost of services, that provide a special benefit to
property as a consequence of a logical relationship to the value, use, or characteristics N
V-
N
of property identified in an Initial Assessment Resolution. The term "Assessment" shall
include Capital Assessments and Service Assessments.
"Assessment Area" means any of the areas created by resolution of the Board
pursuant to Section 2.02 hereof, that specially benefit from a Local Improvement or
service, facility, or program.
"Assessment Roll" means the special assessment roll relating to an
Assessment approved by a Final Assessment Resolution pursuant to Section 3.06
hereof or an Annual Rate Resolution pursuant to Section 3.08 hereof.
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"Assessment Unit" means the unit or criteria utilized to determine the
Assessment for each parcel of property, as set forth in the Initial Assessment
Resolution. "Assessment Units" may include, by way of example only and not limitation,
one or a combination of the following: platted lots or parcels of record, vested lots, land 00
area, improvement area, equivalent residential connections, equivalent residential units,
00
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permitted land use, trip generation rates, front footage, rights to future trip generation 00
capacity under applicable concurrency management regulations, property value or any U
0
other physical characteristic or reasonably expected use of the property that has a
logical relationship to the Local Improvement or service to be funded from proceeds of
the Assessment.
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"Board" means the Board of County Commissioners of the County.
"Capital Assessment" means a special assessment imposed by the County
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pursuant to this Ordinance to fund the Capital Cost or Project Cost, if obligations are
issued, of Local Improvements that provide a special benefit to property as a
consequence of a logical relationship to the value, use, or characteristics of property
identified in an Initial Assessment Resolution.
N
"Capital Cost" means all or any portion of the expenses that are properly
attributable to the acquisition, design, construction, installation, reconstruction, renewal
or replacement (including demolition, environmental mitigation and relocation) of Local
Improvements and imposition of the related Assessments under generally accepted
accounting principles, and including reimbursement to the County for any funds
advanced for Capital Cost and interest on any interfund or intrafund loan for such
purposes.
"Clerk" shall mean the clerk of the circuit court for the county, ex-officio clerk of
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the board, or such other person as may be duly authorized to act on such person's
behalf.
"County" means Monroe County, Florida.
"County Administrator" means the chief administrative officer of the County, or
such person's designee.
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"Final Assessment Resolution" means the resolution described in Sections 0
3.06 hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and U
0
which shall be the final proceeding for the initial imposition of an Assessment. "Fiscal
Year" means that period commencing October 1st of each year and continuing through
a
the next succeeding September 30th, or such other period as may be prescribed by law
0
as the fiscal year for the County.
"Government Property" means property owned by the United States of America
or any agency thereof, the State of Florida or any agency thereof, a county, a special
district or a municipal corporation.
"Initial Assessment Resolution" means the resolution described in Sections
3.02 hereof which shall be the initial proceeding for the identification of the service,
N
facility, program, or Local Improvement for which an Assessment is to be made and for
the imposition of an Assessment.
"Local Improvement" means a canal restoration improvement project that has
been constructed or installed by the County for the special benefit of a neighborhood or
other Assessment Area.
"Maximum Assessment Rate" means the maximum rate of assessment
established by the Final Assessment Resolution for the service, facility, program, or
Local Improvement identified in the Initial Assessment Resolution.
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"Obligations" means bonds or other evidence of indebtedness including but not
limited to, notes, commercial paper, capital leases, reimbursable advances by the
County, or any other obligation issued or incurred to finance any portion of the Project
Cost of Local Improvements and secured, in whole or in part, by proceeds of the 00
Assessments.
00
"Ordinance" means this Ordinance, as it may be amended from time-to-time. 00
"Owner" shall mean the Person reflected as the owner of Assessed Property on U
0
the Tax Roll.
"Person" means any individual, partnership, firm, organization, corporation,
association, or any other legal entity, whether singular or plural, masculine or feminine,
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0
as the context may require.
"Pledged Revenue" means, as to any series of Obligations, (A) the proceeds of
such Obligations, including investment earnings, (B) proceeds of the Assessments
pledged to secure the payment of such Obligations, and (C) any other legally available
non-ad valorem revenue pledged, at the Board's sole option, to secure the payment of
such Obligations, as specified by the ordinance or resolution authorizing such N
It-
Obligations.
"Preliminary Rate" means the rates published for adoption as described in
Section 3.08 hereof initiating the annual process for updating the annual Assessment
Roll and directing the reimposition of Assessments pursuant to an Annual Rate
Resolution.
"Project Cost" means (A) the Capital Cost of a Local Improvement, (B) the
Transaction Cost associated with the Obligations which financed the Local
Improvement, (C) interest accruing on such Obligations for such period of time as the
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Board deems appropriate, (D) the debt service reserve fund or account, if any,
established for the Obligations which financed the Local Improvement, and (E) any
other costs or expenses related thereto.
"Property Appraiser" means the Property Appraiser of Monroe County. 00
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"Resolution of Intent" means the resolution expressing the Board's intent to
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collect assessments on the ad valorem tax bill required by the Uniform Assessment 00
Collection Act. U
0
"Service Assessment" means a special assessment imposed by the County
pursuant to this Ordinance to fund the Service Cost of services that provide a special
benefit to property as a consequence of a logical relationship to the value, use, or
0
characteristics of property identified in an Initial Assessment Resolution.
"Service Cost" means all or any portion of the expenses that are properly
attributable to operations and maintenance of a Local Improvement and imposition and
collection of related Assessments under generally accepted accounting principles. 0
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"Tax Collector" means the Tax Collector of Monroe County.
"Tax Roll" means the real property ad valorem tax assessment roll maintained
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by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
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"Transaction Cost" means the costs, fees and expenses incurred by the County
in connection with the issuance and sale of any series of Obligations, including but not
limited to (A) rating agency and other financing fees; (B) the fees and disbursements of
bond counsel; (C) the underwriters' discount; (D) the fees and disbursements of the
County's financial advisor; (E) the costs of preparing and printing the Obligations, the
preliminary official statement, the final official statement, and all other documentation
supporting issuance of the Obligations; (F) the fees payable in respect of any municipal
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bond insurance policy; (G) administrative, development, credit review, and all other fees
associated with any pooled commercial paper or similar interim financing program; and
(H) any other costs of a similar nature incurred in connection with issuance of such
Obligations. 00
0
"Uniform Assessment Collection Act" means Sections 197.3632 andci
197.3635, Florida Statutes, as amended from time-to-time, or any successor statutes
authorizing the collection of non-ad valorem assessments on the same bill as ad U
valorem taxes, and any applicable regulations promulgated thereunder.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number, and vice versa; the
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terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this
Ordinance; and the term "hereafter" means after, and the term "heretofore" means
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before the effective date of this Ordinance. Words of any gender include the correlative
words of the other genders, unless the context indicates otherwise.
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SECTION 1.03. FINDINGS.
It is hereby ascertained, determined, and declared that:
(A) Pursuant to Article Vill, section 1, Florida Constitution, and sections 125.01
and 125.66, Florida Statutes, the County has all powers of local self-government to
perform county functions and to render county and municipal services in a manner not
inconsistent with law and such power may be exercised by the enactment of county
ordinances, including but not limited to the power pursuant to Section 125.01, Florida
Statutes, to establish municipal service benefit units to provide recreation, transportation
and other essential facilities.
(B) The Assessments to be imposed pursuant to this Ordinance shall constitute
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non-ad valorem assessments within the meaning and intent of the Uniform Assessment
Collection Act.
(C) The Assessments to be imposed pursuant to this Ordinance are imposed
by the Board, not the Property Appraiser or Tax Collector. The duties of the Property 00
Appraiser and Tax Collector under the Uniform Assessment Collection Act are
00
ministerial. 00
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(D) The purposes of this Ordinance are to: (1) provide procedures and U
0
standards for the imposition of Assessments within the County by resolution under the
general home rule powers of a county to impose special assessments; and (2) authorize
a procedure for the funding of public services, facilities, programs, or Local
Improvements providing special benefit to subsequently identified property within the
County.
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ARTICLE II
GENERAL PROVISIONS
SECTION 2.01. CREATION OF MONROE COUNTY CANALS MUNICIPAL
SERVICE BENEFIT UNIT. N
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(A) Pursuant to F.S. 125(1)(q) and (r), the Monroe County Canals Municipal
Service Benefit Unit (MSBU) is hereby created to accomplish the improvements
contemplated herein. The boundaries of the MSBU shall consist of all of the
unincorporated area within Monroe County.
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(B) Each municipality with the county may request to be included within the
boundaries of the MSBU. A certified copy of the resolution adopted by the municipality
requesting inclusion in the MSBU must be received by the county prior to June 1 and
shall be effective beginning the next fiscal year. Upon being included, all provisions of
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this ordinance shall apply within the boundary of such municipality.
SECTION 2.02. CREATION OF ASSESSMENT AREA.
(A) The Board is hereby authorized to create Assessment Areas in accordance
00
with the procedures set forth in Section3.02 and 3.06. The Assessments Areas shall
contain property located within the County that is specially benefitted by the services, 00
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facilities, programs, or Local Improvements proposed for funding from the proceeds of CU
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Assessments to be imposed therein. L
(B) Either the Initial Assessment Resolution proposing each Assessment Area
or the Final Assessment Resolution creating each Assessment Area shall include brief
descriptions of the proposed services, facilities, programs, or Local Improvements, a CU
description of the property to be included within the Assessment Area, and specific
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legislative findings that recognize the special benefit to be provided by each proposed
service, facility, program, or Local Improvements to property within the Assessment
Area.
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SECTION 2.02. REVISIONS TO ASSESSMENTS. If any Assessment made under
T-
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the provisions of this Ordinance is either in whole or in part annulled, vacated, or set
aside by the judgment of any court of competent jurisdiction, or if the Board is satisfied
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that any such Assessment is so irregular or defective that the same cannot be enforced
or collected, or if the Board has omitted to include any property on the Assessment Roll
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which property should have been so included, the Board may take all necessary steps
to impose a new Assessment against any property benefited by the Service Costs,
Capital Costs or Project Costs, following as nearly as may be practicable, the provisions
of this Ordinance, and in case such second Assessment is annulled, vacated, or set
aside, the Board may obtain and impose other Assessments until a valid Assessment is
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imposed.
SECTION 2.03. PROCEDURAL IRREGULARITIES. Any informality or
irregularity in the proceedings in connection with the levy of any Assessment under the
provisions of this Ordinance shall not affect the validity of the same after the approval 00
thereof, and any Assessment, as finally approved, shall be competent and sufficient00
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evidence that such Assessment was duly levied, that the Assessment was duly made 00
and adopted, and that all other proceedings adequate to such Assessment were duly U
had, taken, and performed as required by this Ordinance; and no variance from the 0
directions hereunder shall be held material unless it be clearly shown that the party
objecting was materially injured thereby. Notwithstanding the provisions of this Section,
any party objecting to an Assessment imposed pursuant to this Ordinance must file an
objection with a court of competent jurisdiction within the time periods prescribed herein.
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SECTION 2.04. CORRECTION OF ERRORS AND OMISSIONS.
(A) No act of error or omission on the part of the Property Appraiser, Tax
Collector, County Administrator, their deputies, employees, or designees, shall operate
to release or discharge any obligation for payment of an Assessment imposed by the N
V
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Board under the provision of this Ordinance.
(B) When it shall appear that any Assessment should have been imposed
under this Ordinance against a lot or parcel of property specially benefited by the
provision of a service, facility, program, or Local Improvement, but such property was
omitted from the Assessment Roll, the Board may, upon provision of appropriate notice
as set forth in this Article, impose the applicable Assessment. Such total Assessment
shall become delinquent if not fully paid upon the expiration of 60 days from the date of
the adoption of said resolution. The Assessment so imposed shall constitute a lien
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against such property equal in rank and dignity with the liens of all state, county, district,
or municipal taxes and special assessments, and superior in rank and dignity to all other
prior liens, mortgages, titles and claims in and to or against the real property involved
and may be collected as provided in Article VI hereof. 00
(C) The County Administrator shall have the authority at any time, upon his or
00
her own initiative or in response to a timely filed petition from the Owner of any 00
Assessed Property, to correct any error in applying the Assessment apportionment U
0
method to any particular property not otherwise requiring the provision of notice
pursuant to the Uniform Assessment Collection Act. Any such correction that reduces
an Assessment shall be considered valid ab initio and shall in no way affect the
enforcement of the Assessment imposed under the provisions of this Ordinance. Any
such correction which increases an Assessment or imposes an Assessment on omitted
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property shall first require notice to the affected owner in the manner described in
Section 3.05 hereof, as applicable, providing the date, time and place that the Board will 0
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consider confirming the correction and offering the owner an opportunity to be heard. All
requests from affected property owners for any such changes, modifications or N
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N
corrections shall be referred to, and processed by, the County Administrator and not the
Property Appraiser or Tax Collector.
(D) After the Assessment Roll has been delivered to the Tax Collector in
accordance with the Uniform Assessment Collection Act, any changes, modifications, or
corrections thereto shall be made in accordance with the procedures applicable to
correcting errors and insolvencies on the Tax Roll upon timely written request and
direction of the County Administrator.
SECTION 2.05. LIEN OF ASSESSMENTS.
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(A) Upon the adoption of the Assessment Roll, all Assessments shall constitute
a lien against such property equal in rank and dignity with the liens of all state, county,
district, or municipal taxes and special assessments. Except as otherwise provided by
law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and 00
claims, until paid. 00
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(B) The lien for an Assessment shall be deemed perfected upon adoption by 00
the Board of the Final Assessment Resolution or the Annual Rate Resolution, whichever U
0
is applicable. The lien for an Assessment collected under the Uniform Assessment
Collection Act shall attach to the property as provided by law. The lien for an
Assessment collected under the alternative method of collection provided in Section
5.02 shall be deemed perfected upon adoption by the Board of the Final Assessment
Resolution or the Annual Rate Resolution, whichever is applicable, and shall attach to
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the property on such date of adoption.
ARTICLE III
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ASSESSMENTS
SECTION 3.01. GENERAL AUTHORITY.
(A) The Board is hereby authorized to impose an annual Assessment to fund
all or any portion of the Capital Cost, Project Cost, or Service Cost on benefitted
property at a rate of assessment based on the special benefit accruing to such property
from the County's provision of the subsequently identified service, facility, or program.
(B) The amount of the Assessment that is imposed each Fiscal Year against
each parcel of Assessed Property shall be determined pursuant to an apportionment
methodology based upon a classification of property designed to provide a fair and
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Packet Pg. 3094
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reasonable apportionment of the Capital Cost, Project Cost or Service Cost among
properties on a basis reasonably related to the special benefit provided by the service,
facility, or program funded with Assessment proceeds.
(C) All Service Assessments shall be imposed in conformity with the 00
procedures set forth in this Article 111.
00
SECTION 3.02. INITIAL ASSESSMENT RESOLUTION. The first step for the 00
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initial imposition of a Service Assessment shall be the Board's adoption of an Initial U
0
Assessment Resolution (A) describing the property to be located within any proposed
Assessment Area; (B) containing a brief and general description of the services, facilities,
or programs to be provided; (C) determining the Capital Cost, Project Cost or Service
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Cost to be assessed; (D) describing the method of apportioning the Capital Cost, Project
Cost or Service Cost and the computation of the Assessments for specific properties; (E)
establishing an estimated assessment rate for the upcoming Fiscal Year; (F) establishing
a Maximum Assessment Rate, if desired by the Board; (G) authorizing the date, time, and
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place of a public hearing to consider the adoption of the Final Assessment Resolution for
the upcoming Fiscal Year; and (H) directing the County Administrator to (1) prepare the N
N
initial Assessment Roll, as required by Section 3.03 hereof, (2) publish the notice
required by Section 3.04 hereof, and (3) mail the notice required by Section 3.05 hereof.
SECTION 3.03. ASSESSMENT ROLL.
(A) The County Administrator shall prepare, or direct the preparation of, the
initial Assessment Roll for the Assessments, which shall contain the following:
(1) A summary description of all Assessed Property conforming to the
description contained on the Tax Roll;
(2) The name of the Owner of the Assessed Property;
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Packet Pg. 3095
(3) The number of Assessment Units attributable to each parcel;
(4) The estimated maximum annual assessment for each Assessment
Unit; and
(5) The amount of the Service Assessment to be imposed against each
Assessed Property.
(B) Copies of the Initial Assessment Resolution and the preliminary
Assessment Roll shall be available in the office of the County Administrator and open to c)
0
public inspection. The foregoing shall not be construed to require that the Assessment
Roll be in printed form if the amount of the Service Assessment for each parcel of
property can be determined by use of a computer terminal available to the public.
0
SECTION 3.04. NOTICE BY PUBLICATION. Upon completion of the initial
Assessment Roll, the County Administrator shall publish notice of a public hearing to
adopt the Final Assessment Resolution and approve the aforementioned initial
Assessment Roll. The published notice shall conform to the requirements set forth in the
Uniform Assessment Collection Act.
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SECTION 3.05. NOTICE BY MAIL.
V-
(A) For the initial Fiscal Year in which an Assessment is imposed by the Board
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against Assessed Property pursuant to the Uniform Assessment Collection Act and in
addition to the published notice required by Section 3.04, the County Administrator shall
provide notice of the proposed Service Assessment by first class mail to the owner of
each parcel of property subject to a Service Assessment.
(B) The mailed notice shall conform to the requirements set forth in the Uniform
Assessment Collection Act.
(C) Notice shall be deemed mailed upon delivery thereof to the possession of
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the United States Postal Service. Failure of the Owner to receive such notice due to
mistake or inadvertence, shall not affect the validity of the Assessment Roll nor release
or discharge any obligation for payment of a Service Assessment imposed by the Board
pursuant to this Ordinance. 00
(D) Notice by mail for Fiscal Years after the initial Fiscal Year shall be
00
controlled by Section 3.08(D) hereof. 00
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SECTION 3.06. FINAL ASSESSMENT RESOLUTION. U
0
(A) At a public hearing named in the notices required by Sections 3.04 and
3.05 or to such time as an adjournment or continuance may be taken by the Board, after
receiving oral or written objections of interested persons, the Board may then, or at any
0
subsequent meeting of the Board, adopt the Final Assessment Resolution, which shall
(A) create any Assessment Area; (B) confirm, modify, or repeal the Initial Assessment
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Resolution with such amendments, if any, as may be deemed appropriate by the Board;
(C) establish the Maximum Assessment Rate, if desired by the Board and set the rate of
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assessment to be imposed in the upcoming fiscal year; (D) approve the initial
Assessment Roll, with such amendments as it deems just and right; and (E) determine N
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the method of collection.
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(B) All parcels assessed shall derive a special benefit from the service, facility,
or program to be provided or constructed and the Service Assessment shall be fairly
and reasonably apportioned among the properties that receive the special benefit.
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(C) The initial assessment roll as approved by the Final Assessment Resolution
shall be delivered to the Tax Collector as required by the Uniform Assessment
Collection Act.
(D) The Final Assessment Resolution shall constitute the Annual Rate
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Resolution for the initial Fiscal Year in which Assessments are imposed or reimposed
hereunder.
SECTION 3.07. EFFECT OF FINAL ASSESSMENT RESOLUTION.
Assessments for the initial Fiscal Year shall be established upon adoption of the 00
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Final Assessment Resolution. The adoption of the Final Assessment Resolution shall be00
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the final adjudication of the issues presented (including, but not limited to, the method of 00
0
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apportionment and assessment, the Maximum Assessment Rate, the initial rate of CU
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assessment, the initial Assessment Roll, and the levy and lien of the Assessments),
unless proper steps are initiated in a court of competent jurisdiction to secure relief
within twenty (20) days from the date of Board action on the Final Assessment
Resolution. The initial Assessment Roll, as approved by the Final Assessment
Resolution, shall be delivered to the Tax Collector, or the Property Appraiser if so
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directed by the Tax Collector, or if an alternative method is used to collect the Service
Assessments, such other official as the Board by resolution shall designate.
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SECTION 3.08. ADOPTION OF ANNUAL RATE RESOLUTION.
(A) The board shall adopt an Annual Rate Resolution during its budget
V-
adoption process for each fiscal year following the initial fiscal year for which a service
assessment is imposed hereunder. The Annual Rate Resolution shall approve the
assessment roll for the upcoming fiscal year. The Assessment Roll shall be prepared in
accordance with the method of apportionment set forth in the Initial Assessment
Resolution together with modifications, if any, and as confirmed in the Final Assessment
Resolution.
(B) The Board shall hold a public hearing to adopt the Annual Rate Resolution
and the annual assessment roll for the ensuing fiscal year. At the public hearing, the
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Board shall hear comments and objections from owners and other members of the
public as to the Preliminary Rate and proposed assessments. The Board shall make
such increase, decrease or revision to any proposed Assessment as it shall deem
necessary or appropriate. In addition, the Board shall make such changes, 00
modifications or additions as necessary to conform the preliminary annual assessment
00
roll with the adopted rate resolution and this article. The Board may continue said public 00
hearing to a date and time certain without the necessity of further public notice to allow U
0
prior to final adoption increases, decreases or revisions to the Preliminary Rate or for
such other reason deemed necessary in the sole discretion of the board. Upon
completion of such public hearing the Board may approve the Annual Rate Resolution.
(C) Notice of the public hearing for the Annual Rate Resolution shall be
published in a newspaper of general circulation within the county, at least twenty (20)
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days prior to the public hearing. The published notice shall contain at least the following
information: the name of the local governing board; a geographic depiction of the
property subject to the assessment; the proposed schedule of the assessment; the fact
V
that the assessment will be collected by the tax collector; and a statement that all
V-
affected property owners have the right to appear at the public hearing and the right to
file written objections within 20 days of the publication of the notice.
(D) In the event that the uniform method of collection provided for in the
Uniform Assessment Collection Act is used and:
(1) The proposed service assessment for any fiscal year exceeds the
maximum assessment rate included in notice previously provided
to the owners of assessable property pursuant to sections 3.04
and 3.05 hereof,
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Packet Pg. 3099
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(2) The method of apportionment is changed or the purpose for which
the assessment is imposed is substantially changed from that
represented by the notice previously provided to the owners of
assessable property pursuant to sections 3.04 and 3.05 hereof, 00
(3) Assessable property is reclassified in a manner that results in an
00
increased assessment beyond that represented by notice CO
previously provided to the owners of assessable property pursuant U
0
to sections 3.04 and 3.05 hereof, or '-
(4) an assessment roll contains assessable property that was not
included on the assessment roll approved for the prior fiscal year,
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then notice shall be provided by first class mail to the owners of such assessable
property. Such supplemental notice shall substantially conform with the notice
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requirements set forth in section 3.04 and 3.05 hereof and shall inform the property
owner of the date and place for the adoption of the annual rate resolution. The failure of
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the owner to receive such supplemental notice due to mistake or inadvertence, shall not
affect the validity of the assessment roll nor release or discharge any obligation for CN
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payment of a service assessment imposed by the board pursuant to this article.
(E) As to any Assessed Property not included on an Assessment Roll approved
by the adoption of the Final Assessment Resolution or a prior year's Annual Rate
Resolution, the adoption of the succeeding Annual Rate Resolution shall be the final
adjudication of the issues presented as to such Assessed Property (including, but not
limited to, the determination of special benefit and fair apportionment to the Assessed
Property, the method of apportionment and assessment, the rate of assessment, the
establishment or increase of a Maximum Assessment Rate, the Assessment Roll, and
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Packet Pg. 3100
P.1.c
the levy and lien of the Assessments), unless proper steps are initiated in a court of
competent jurisdiction to secure relief within twenty (20) days from the date of the Board
action on the Annual Rate Resolution. Nothing contained herein shall be construed or
interpreted to affect the finality of any Assessment not challenged within the required 00
20-day period for those Assessments previously imposed against Assessed Property by
00
00
the inclusion of the Assessed Property on an Assessment Roll approved in the Final U)
Assessment Resolution or any subsequent Annual Rate Resolution. CU
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(F) The Assessment Roll, as approved by the Annual Rate Resolution, shall be
delivered to the Tax Collector as required by the Uniform Assessment Collection Act. If
the Assessment against any property shall be sustained, reduced, or abated by the
court, an adjustment shall be made on the Assessment Roll.
ARTICLE IV
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COLLECTION AND USE OF ASSESSMENTS
SECTION 4.01. METHOD OF COLLECTION.
(A) Unless otherwise directed by the Board, the Assessments shall be
collected pursuant to the Uniform Assessment Collection Act, and the County shall
N
comply with all applicable provisions of the Uniform Assessment Collection Act. The
Resolution of Intent required by the Uniform Assessment Collection Act may be adopted
either prior to or following the Initial Assessment Resolution; provided however, that the
Resolution of Intent must be adopted prior to January 1 (or March 1 with consent of the
Property Appraiser and Tax Collector) of the year in which the Assessments are first
collected on the ad valorem tax bill. Any hearing or notice required by this Ordinance
may be combined with any other hearing or notice required by the Uniform Assessment
Collection Act.
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(B) The amount of an Assessment to be collected using the Uniform
Assessment Collection Act for any specific parcel of benefitted property may include an
amount equivalent to the payment delinquency, delinquency fees and recording costs
for prior years' assessment for a comparable service, facility, program, or Local
Improvement provided, (1) the collection method used in connection with the prior year's
00
00
assessment did not employ the use of the Uniform Assessment Collection Act, (2) notice
is provided to the Owner, and (3) any lien on the affected parcel for the prior year's c)
0
assessment is supplanted and transferred to such Assessment upon certification of a '-
non-ad valorem roll to the Tax Collector by the County.
SECTION 4.02. GOVERNMENT PROPERTY. In lieu of using the Uniform
Assessment Collection Act to collect Assessments from Government Property, the
County may elect to use any other method authorized by law or provided by this Section
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as follows:
(A) The County shall provide Assessment bills by first class mail to the Owner
of each affected parcel of Government Property. The bill or accompanying explanatory
material shall include (1) a brief explanation of the Assessment, (2) a description of the
N
unit of measurement used to determine the amount of the Assessment, (3) the number
of units contained within the parcel, (4) the total amount of the parcel's Assessment for
the appropriate period, (5) the location at which payment will be accepted, and (6) the
date on which the Assessment is due.
(B) Assessments imposed against Government Property shall be due on the
same date as all other Assessments and, if applicable, shall be subject to the same
discounts for early payment.
(C) An Assessment shall become delinquent if it is not paid within 30 days from
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the date any installment is due. The County shall notify the Owner of any Government
Property that is delinquent in payment of its Assessment within 60 days from the date
such Assessment was due. Such notice shall state that the County will initiate a
mandamus or other appropriate judicial action to compel payment. 00
(D) All costs, fees and expenses, including reasonable attorney fees and title
00
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search expenses, related to any mandamus or other action as described herein shall be U)
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included in any judgment or decree rendered therein. All delinquent owners of U
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Government Property against which a mandamus or other appropriate action is filed
shall be liable for an apportioned amount of reasonable costs and expenses incurred by
the County, including reasonable attorney fees, in collection of such delinquent
Assessments and any other costs incurred by the County as a result of such delinquent
Assessments and the same shall be collectible as a part of or in addition to, the costs of
the action.
(E) As an alternative to the foregoing, an Assessment imposed against
Government Property may be collected on the bill for any utility service provided to such
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Government Property. The Board may contract for such billing services with any utility N
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not owned by the County.
ARTICLE V
ISSUANCE OF OBLIGATIONS
SECTION 5.01. GENERAL AUTHORITY.
(A) Upon adoption of the Final Assessment Resolution imposing Capital
Assessments to fund a Local Improvement or at any time thereafter, the Board shall
have the power and is hereby authorized to provide by resolution, at one time or from
time to time in series, for the issuance of Obligations to fund the Project Cost thereof.
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Packet Pg. 3103
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(B) If issued, the principal of and interest on each series of Obligations shall be
payable from Pledged Revenue. At the option of the Board, the County may agree, by
resolution, to budget and appropriate funds to make up any deficiency in the reserve
account established for the Obligations or in the payment of the Obligations, from other
non-ad valorem revenue sources. The Board may also provide, by resolution, for a
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pledge of or lien upon proceeds of such non-ad valorem revenue sources for the benefit
of the holders of the Obligations. Any such resolution shall determine the nature and U
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extent of any pledge of or lien upon proceeds of such non-ad valorem revenue sources.
SECTION 5.02. TERMS OF THE OBLIGATIONS. If issued, the Obligations shall
be dated, shall bear interest at such rate or rates, shall mature at such times as may be
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determined by resolution of the Board, and may be made redeemable before maturity,
at the option of the County, at such price or prices and under such terms and
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conditions, all as may be fixed by the Board. Said Obligations shall mature not later than
40 years after their issuance. The Board shall determine by resolution the form of the
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Obligations, the manner of executing such Obligations, and shall fix the denominations
of such Obligations, the place or places of payment of the principal and interest, which N
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may be at any bank or trust company within or outside of the State of Florida, and such
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other terms and provisions of the Obligations as it deems appropriate. The Obligations
may be sold at public or private sale for such price or prices as the Board shall
determine by resolution. The Obligations may be delivered to any contractor to pay for
construction of the Local Improvements or may be sold in such manner and for such
price as the Board may determine by resolution to be for the best interests of the
County.
SECTION 5.03. VARIABLE RATE OBLIGATIONS. At the option of the Board,
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Packet Pg. 3104
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Obligations may bear interest at a variable rate.
SECTION 5.04. TEMPORARY OBLIGATIONS. Prior to the preparation of
definitive Obligations of any series, the Board may, under like restrictions, issue interim
receipts, interim certificates, or temporary Obligations, exchangeable for definitive 00
Obligations when such Obligations have been executed and are available for delivery.
00
The Board may also provide for the replacement of any Obligations which shall become 00
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mutilated, destroyed or lost. Obligations may be issued without any other proceedings U
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or the happening of any other conditions or things than those proceedings, conditions or
things which are specifically required by this Ordinance.
SECTION 5.05. ANTICIPATION NOTES. In anticipation of the sale of 0
0
Obligations, the Board may, by resolution, issue notes and may renew the same from
time to time. Such notes may be paid from the proceeds of the Obligations, the
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proceeds of the Capital Assessments, the proceeds of the notes and such other legally
available money as the Board deems appropriate by resolution. Said notes shall
mature within five years of their issuance and shall bear interest at a rate not exceeding
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the maximum rate provided by law. The Board may issue Obligations or renewal notes N
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to repay the notes. The notes shall be issued in the same manner as the Obligations.
SECTION 5.06. TAXING POWER NOT PLEDGED. Obligations issued under
the provisions of this Ordinance shall not be deemed to constitute a general obligation
or pledge of the full faith and credit of the County within the meaning of the Constitution
of the State of Florida, but such Obligations shall be payable only from Pledged
Revenue in the manner provided herein and by the resolution authorizing the
Obligations. The issuance of Obligations under the provisions of this Ordinance shall
not directly or indirectly obligate the County to levy or to pledge any form of ad valorem
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Packet Pg. 3105
taxation whatever therefore. No holder of any such Obligations shall ever have the right
to compel any exercise of the ad valorem taxing power on the part of the County to pay
any such Obligations or the interest thereon or to enforce payment of such Obligations
or the interest thereon against any property of the County, nor shall such Obligations 00
constitute a charge, lien or encumbrance, legal or equitable, upon any property of the
00
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County, except the Pledged Revenue.
SECTION 5.07. TRUST FUNDS. The Pledged Revenue received pursuant to U
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the authority of this Ordinance shall be deemed to be trust funds, to be held and applied
solely as provided in this Ordinance and in the resolution authorizing issuance of the
Obligations. Such Pledged Revenue may be invested by the County, or its designee, in
the manner provided by the resolution authorizing issuance of the Obligations. The
Pledged Revenue upon receipt thereof by the County shall be subject to the lien and
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pledge of the holders of any Obligations or any entity other than the County providing
credit enhancement on the Obligations.
SECTION 5.08. REMEDIES OF HOLDERS. Any holder of Obligations, except to
the extent the rights herein given may be restricted by the resolution authorizing
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issuance of the Obligations, may, whether at law or in equity, by suit, action, mandamus
or other proceedings, protect and enforce any and all rights under the laws of the State
of Florida or granted hereunder or under such resolution, and may enforce and compel
the performance of all duties required by this part, or by such resolution, to be
performed by the County.
SECTION 5.09. REFUNDING OBLIGATIONS. The County may, by resolution
of the Board, issue Obligations to refund any Obligations issued pursuant to this
Ordinance, or any other obligations of the County theretofore issued to finance the
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Packet Pg. 3106
Project Cost of a Local Improvement and provide for the rights of the holders hereof.
Such refunding Obligations may be issued in an amount sufficient to provide for the
payment of the principal of, redemption premium, if any, and interest on the outstanding
Obligations to be refunded. If the issuance of such refunding Obligations results in an
annual Assessment that exceeds the estimated maximum annual Capital Assessments ,
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set forth in the notice provided pursuant to Section 4.05 hereof, the Board shall provide
notice to the affected property owners and conduct a public hearing in the manner
required by Article IV of this Ordinance. 4-
ARTICLE VI
MISCELLANEOUS PROVISIONS
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SECTION 6.01. APPLICABILITY. This Ordinance and the Board's authority to F
impose assessments pursuant hereto shall be applicable throughout the County.
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SECTION 6.02. ALTERNATIVE METHOD.
(A) This Ordinance shall be deemed to provide an additional and alternative
method for the doing of the things authorized hereby and shall be regarded as
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supplemental and additional to powers conferred by other laws, and shall not be N
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regarded as in derogation of any powers now existing or which may hereafter come into
existence. This Ordinance, being necessary for the welfare of the inhabitants of the
County, shall be liberally construed to effect the purposes hereof.
(B) Nothing herein shall preclude the Board from directing and authorizing, by
resolution, the combination with each other of (1) any supplemental or additional notice
deemed proper, necessary, or convenient by the County, (2) any notice required by this
Ordinance, or (3) any notice required by law, including the Uniform Assessment
Collection Act.
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Packet Pg. 3107
SECTION 6.03. LIBERALLY CONSTRUED. This Ordinance, being necessary
for the welfare of the inhabitants of the County, particularly the owners of property
located therein, shall be liberally construed to effect the purposes hereof.
SECTION 6.04. SEVERABILITY. The provisions of this Ordinance are severable;
and if any section, subsection, sentence, clause or provision is held invalid by any court ,
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of competent jurisdiction, the remaining provisions of this Ordinance shall not be 00
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affected thereby. U
SECTION 6.05. CONFLICTS. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 6.06. CODIFICATION. It is the intention of the Board, and it is hereby 2
ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Monroe County in a new Article VI within Chapter 26 ("Waterways"); that the
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sections of this Ordinance may be renumbered or relettered to accomplish such
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intentions; and that the word "Ordinance" shall be changed to "Section" or "Article" or
other appropriate word.
SECTION 6.07. EFFECTIVE DATE. A certified copy of this Ordinance shall be
filed with the Department of State of the State of Florida within 10 days of enactment
and shall take effect upon filing with said department.
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Packet Pg. 3108
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 18th day of October, 2017.
Mayor George Neugent Yes
Mayor Pro Tern David Rice Yes
Commissioner Danny Kolhage Yes
Commissioner Heather Carruthers Yes 00
Commissioner Sylvia Murphy No
00
(SEAL ' BOARD OF COUNTY COMMISSIONERS00
Atteit:.'"KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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B'Y'Y" BY: Any-'e.
Deputy Clerk Mayor George Neugent
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