Resolution 646-2023 RESOLUTION NO. 646 - 2023
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 2024 FOR CANAL
RESTORATION PROJECTS ON CANALS 255, 293, 297, 299
AND 300 IN BIG PINE KEY; AND CANALS 470, 472, 474, 475
AND 476 IN GEIGER KEY; STATING A NEED FOR SUCH LEVY;
PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 18, 2017, Monroe County Board of County Commissioners
("BOCC") adopted Ordinance No. 021-2017 ("Ordinance"), creating a Monroe County Canals
Municipal Service Benefit Unit ("MSBU"), allowing for the future financing of improvements in a
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
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
assessments beginning in November 2024 in order to pay for operations and maintenance cost
for restoration and air curtains on Canals 255, 293, 297 and 299 in Big Pine Key; and Canals
470,472, 474, 475, and 476 In Geiger Key; with the 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
NOW, THEREFORE BE IT RESOLVED:
1. Commencing with the Fiscal Year beginning on October 1, 2024„ 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 266, 293, 297 and 299 in Big Pine Key; and Canals 470, 472,474,476 and 476 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.
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
Collector, and the Monroe County Property Appraiser by no later than January 10, 2024.
4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 13111 day of December 2023.
Mayor Holly Merrill Raschein Yes
Mayor Pro Tern James K. Scholl Yes
Commissioner Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner David Rice Yes
23
t MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
As Deputy Clerk Mayor
MONROE COUNTY ATTORNEY'S OFFICE
Approved for form and legal sufficiency
2:
Cynt Hall, Sr. Assistant County Attorney
2
Exhibit A -- Legal Description of Areas
BIG PINE KEY AREA
An island within unincorporated Monroe County, lying between Little Torch Key to the west;
Howe Key, Cudoe 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.
3
BIG PINE KEY AREA, cont'd:
Canal 293: Between Avenue H and Avenue I, between 4th Street and open water.
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Canal 297: Between Avenue F and Avenue G, between 4th Street and open water.
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BIG PINE KEY AREA, cont'd:
Canal 299: Between Avenue E and F, between 4th Street and open water.
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GEIGER KEY AREA
An island within unincorporated Monroe County, lying between Big Coppitt Key to the northeast,
Key West to the south west, Florida Straits to the south.
Canal 470: Between Venus Lane and Mars Lane. Between Boca Chica Road and Geiger Road.
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Geiger Key Canals Con't:
Canal 472: Between Venus Lane and Mars Lane, between Boca Chica Road and open water.
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Geiger Key Canals Con't:
Canal 474: Between Sun Lane and Vega Lane, between Star Lane and open water.
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Canal 475: Between Boca Chica Road, Sirius Lane, Vega Lane, Star Lane, Sea Lane,
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Geiger Key Canals Con't:
Canal 476: Between Sea Lane and Sun Lane, and Star Lane and Atlantic Ocean
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Exhibit B— Proof of Publication
10
KeysNews.com
KE i
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kh,lilnids,901ine Voiv(
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The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P.(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO ADMIN/BOCC
1100 SIMONTON ST STE 2-205
KEY WEST FL 33040
Account: 423273 Ticket: 3909229
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENT TO USE UNIFORM
METHOD OF COLLECTING NON-AD Dated at Key West, Florida, this 31st
COUNTY OF MONROE VALOREM ASSESSMENTS day of October 2023.
KEVIN MADOK, Clerk of the Circuit
NOTICE IS HEREBY GIVEN TO WHOM IT Court and (SEAL) ex officio Clerk of
Before the undersigned authority personally appeared MAY CONCERN that on December 13, the Board of County Commissioners of
g y p y pp 2023, at 9:00 a.m. or as soon thereaf- Monroe County,Florida
ter as it may be heard,at the Monroe 11/07/23, 11/14/23, 11/21/23, 11/28/23-
County BOCC Chambers at the Murray KWC
Melinda Prescott who on oath says that he or she is Nelson Government Center, 102050 423273 3909229
Overseas Highway, Key Largo, Florida,
the Monroe County Board of County
The legal advertising representative of the Key West Citizen,a five day newspa- Commissioners will consider adoption
per published in Key West, in Monroe County, Florida;that the attached copy of of the following resolution:
advertisment, beinga legal notice in the matter of NOI Canals was published in FLORIDARESOLUTION OF ING NOT COUNTY,
g p F ANNOUNCING NOTICE OF IN-
said newspaper in the issues of: TENT TO USE THE UNIFORM METHOD
OF COLLECTING NON-AD VALOREM
SPECIAL ASSESSMENTS LEVIED WITH-
Tuesday, November 7, 2023 IN THE COUNTY BEGINNING WITH THE
Tuesday, November 14, 2023 TAX BILL ISSUED IN NOVEMBER 2024
FOR CANAL RESTORATION PROJECTS
Tuesday, November 21, 2023 ON CANALS 255,293,297,AND 299 IN
Tuesday, November 28, 2023 BIG PINE KEY; AND CANALS 470,472,
474,475 AND 476 IN GEIGER KEY;STAT-
ING A NEED FOR SUCH LEVY;PROVID-
Affiant further says that the Key West Citizen is a newspaper published in Key ING FOR THE MAILING OF THIS RES-
OLUTION-West, in said Monroe County, Florida and that the said newspapers has hereto- AND PROVIDING FOR AN
yEFFECTIVE DATE.
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 The proposed resolution, which con-
tains the legal description of the real
Key West, in said Monroe County, Florida,for a period of 1 year next preceding property subject to the levy and states
the first publication of the attached copy of advertisement; and affiant further says the need forthe special assessment,can
that he or she has neither aid nor promised an person,firm or corporation an be inspected c the public by viewing
p p Y p p Y the agenda packet for this meeting at:
discount, rebate,commission or refund for the purpose of securing this advertise- http://monroecountyfl.igm2.com/citi-
ment for publication in the said newspaper. zees/default.aspx
All interested persons are invited to at-
tend,either in person or by zoom.The
zoom link can be found at:
NN' http://monroecountyfl.iqm2.com/citi-
zens/default.aspx
✓ zens/default.aspx
(Signature ofAfflant) Pursuant to Section 286.0105, Florida
Statutes,notice is given that if a person
decides to appeal any decision made by
Affirmed and subscribed before me this 28th day of November 2023 the Board with respect to any matter
considered at such hearings or meet-
ings,he will need a record of the pro-
ceedings and that,for such purpose,he
d may need to ensure that a verbatim re-
cord of the proceedings is made,which
(Notary Public Signature) record includes the testimony and evi-
dence upon which the appeal is to be
based.
Laura M Robins
(Notary Public Printed Name) ADA ASSISTANCE:If you are a person
with a disability who needs special
accommodations in order to partici-
My commission expires 9/26/2026 pate in this proceeding,please contact
the County Administrator's Office, by
phoning (305)292-4441,between the
Personally Known X Produced Identification_ hours of 8:30a.m.-5:00p.m.,prior to
Type of Identification Produced (Notary Seal) the scheduled meeting;if you are hear-
ing or voice-impaired,call "711". Live
N,!s7lar7 P�1plu� ��atc altl f"��rdr�� Closed-Captioning is available via our
f arar k pRaLSWarrdx web portal @ http://monroecounty-
fi.iqm2.com/Citizens/Default.aspx n u 3 fi.igm2.com/Citizens/Default.aspx for
tit meetings of the Monroe County Board
h-piras 1R26P"fx"fJ of County Commissioners.
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