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Home My WebLink AboutResolution 247-2025 RESOLUTION NO. 247- 2025 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RELATING TO THE CONTINUATION OF ANNUAL WASTEWATER ASSESSMENTS BASED ON PREVIOUSLY ESTABLISHED STUDIES AND PHASED INCLUSION OF BENEFITTED PROPERTIES WITHIN THE FOLLOWING WASTEWATER SERVICE AREAS: SOUTH STOCK ISLAND PHASE 2, BIG COPPITT AND DUCK KEY, CUDJOE REGIONAL CENTRALIZED, EAST/WEST LONG KEY, NO NAME KEY, AND MIDDLE AND BIG TORCH KEY FOR THE 2025 TAX YEAR; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, over the course of several decades, Monroe County has adopted ordinances that are codified within Chapter 20, "Sewage and Sewage Disposal," of the Monroe County Code of Ordinances, and specifically within Article III, "Connections of On-Site Sewage Disposal Systems to Central Sewerage System," Article IV, "Connection of Sewage Disposal Systems to Facilities of Florida Keys Aqueduct Authority," Article V, "Wastewater Connection Standards," and Article VI, "Wastewater Assessments," that relate to the provision of wastewater service and facilities, as well as authorize the imposition and collection of wastewater assessments against benefitted properties within the County; and WHEREAS, Section 20-164, "Adoption of annual rate resolution," of the Monroe County Code of Ordinances (MCCO) provides that the Board of County Commissioners will adopt an annual rate resolution during its budget adoption process for each fiscal year following the initial fiscal year of a wastewater assessment term; and WHEREAS,MCCO Section 20-157(b) states that, "Annual wastewater assessments shall be imposed for a term of years, not to exceed 20 years, in equal annual amounts sufficient to pay the assessable costs and the assessment interest amount;" and WHEREAS,over time,the County has created six(6)wastewater service areas to include: South Stock Island Service Area Phase 2 via Resolution Nos. 261-2004 and 116-2017;Big Coppitt 1 and Duck Key Service Area, as supplemented, via Resolution Nos. 264-2007 and 157-2013; Cudj oe Regional Centralized(Inner Islands, as supplemented, and Outer Islands, as supplemented) Service Area via Resolution Nos. 173-2012, 174-2012, 156-2013, 155-2013, 154-2013, and 157- 2015; East/West Long Key Service Area via Resolution No. 157-2015; No Name Key Service Area via Resolution No. 157-2015; and Middle and Big Torch Key Service Area via Resolution No. 157-2015; and WHEREAS, the resolutions that created the service areas, as subsequently modified, set forth terms and conditions for the provision of wastewater services to parcels defined therein, and described the systems to be developed, fees, collection costs, and other aspects associated with the collection of non-ad valorem annual wastewater assessments; and WHEREAS, for example, the non-ad valorem annual assessment levied upon property owners in the South Stock Island Service Area Phase 1 who elected to pay the assessment over 20 years had their final non-ad valorem annual assessment placed on the November 2023 tax roll and no longer carry an obligation pay such assessment; and WHEREAS, the remaining service areas must collect the annual assessment revenue in order to repay the outstanding debt obligations and capital construction costs for said infrastructure benefiting those areas; and WHEREAS,pursuant to the final assessment resolutions, as supplemented, modified, and approved via Resolution Nos. 187-2017, 302-2007, 212-2013, 197-2012, 331-2012, 198-2012, 186-2013, 185-2013, 184-2013, and 185-2015, each property within its corresponding service area has a specific rate per equivalent dwelling unit (EDU) that represents the non-ad valorem wastewater assessment; and WHEREAS, such assessments as applied to the annual tax roll have been approved by the Board of County Commissioners according to each of the herein-referenced resolutions; and WHEREAS, Section 2.02 of Resolution No. 261-2004 established the assessment term for 2 South Stock Island Phase 1 to be 5, 10, or 20 years, and the 10-year payment option matured in 2013, and the 20-year payment option matured in 2023, therefore, no wastewater assessment is currently applied to those properties; and WHEREAS, Section 2.02 of Resolution No. 116-2017 established the assessment term for South Stock Island Phase 2 to be 20 years starting on the November 2017 tax roll; and WHEREAS, Section 2.02 of Resolution No. 264-2007 established the assessment term for Big Coppitt and Duck Key to be 20 years starting on the November 2007 tax roll; and WHEREAS, Section 2.02 of Resolution No. 157-2013 established the assessment term for the Big Coppitt and Duck Key Service Area(Supplemental Parcels)to be 20 years starting on the November 2013 tax roll; and WHEREAS, Section 2.02 of Resolution No. 173-2012 established the assessment term for Cudj oe Regional Centralized Service Area(Inner Islands)to be 20 years starting on the November 2012 tax roll; and WHEREAS, Section 2.02 of Resolution No. 174-2012 established the assessment term for Cudj oe Regional Centralized Service Area(Outer Islands)to be 20 years starting on the November 2013 tax roll; and WHEREAS, Section 2.02 of Resolution No. 154-2013 established the assessment term for the Cudjoe Regional Centralized Service Area(Inner Islands) Supplemental Parcels to be 20 years starting on the November 2013 tax roll; and WHEREAS, Section 2.02 of Resolution No. 155-2013 established the assessment term for the Cudj oe Regional Centralized Service Area(Outer Islands) Supplemental Parcels to be 20 years starting on the November 2013 tax roll; and WHEREAS, Section 2.02 of Resolution No. 156-2013 established the assessment term for 3 the Cudjoe Regional Centralized Service Area(Inner Islands -Venture Out) Supplemental Parcels to be 20 years starting with certain parcels opting in for a first annual bill dated November 1, 2012, and other parcels on November 1, 2013, as more specifically described therein; and WHEREAS, Section 2.02 of Resolution No. 157-2015 established the assessment term for East/West Long Key Service Area, No Name Key Service Area, Middle/Big Torch Key Service Area, and Cudjoe Regional Centralized Service Area(35 Additional Parcels) Supplemental Parcels to be 20 years starting on the November 2015 tax roll; and WHEREAS, pursuant to the County's Code of Ordinances and State law, the County has provided the duly required public notice of this annual rate resolution, obtained the required County staff certification, and met all other conditions precedent to the adoption of this resolution; and WHEREAS,pursuant to Article VIII, Section 1, of the Florida Constitution, and Sections 125.01,Fla. Stat., the Board of County Commissioners for Monroe County has all powers of local self-government to perform county functions and to render county services in a manner not inconsistent with law, and the Board hereby determines that this resolution establishing the annual rate for wastewater assessments for fiscal year 2025-2026 complies with law and is in the best interest of the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: That the foregoing"WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. Section 2: South Stock Island Phase 2 Service Area. That the County Commission hereby imposes a non-ad valorem annual assessment for parcels in said service area as established by Resolution No. 116-2017, on the tax roll that started in 2017, to be levied at a rate of $211.37 per EDU. Section 3: Big Coppitt and Duck Key Service Area. That the County Commission hereby imposes a non-ad valorem annual assessment for parcels within the Big Coppitt and Duck Key Service Area in the following manner: 4 a) For the Big Coppitt and Duck Key Service Area as established by Resolution No. 264- 2007, on the tax roll that started in 2007, properties are hereby levied at the rate of $271.88 per EDU. b) For the Big Coppitt and Duck Key Service Area Supplemental Parcels as established by Resolution No. 157-2013, on the tax roll that started in 2013, properties are hereby levied at a rate of$329.24 per EDU. Section 4: Cudjoe Regional Centralized Service Area. That the County Commission hereby imposes a non-ad valorem annual assessment for parcels within the Cudjoe Regional Centralized Service Area in the following manner: a) For the Inner Islands as established by Resolution No. 173-2012, on the tax roll that started in 2012, properties are hereby levied at a rate of $302.53 per EDU. b) For the Outer Islands as established by Resolution No. 174-2012, on the tax roll that started in 2013, properties are hereby levied at a rate of $310.29 per EDU. c) For the Inner Islands Supplemental Parcels as established by Resolution No. 154-2013, and the Outer Islands Supplemental Parcels as established by Resolution No. 155-2013, both on the tax roll that started in 2013,properties are hereby levied at a rate of$308.93 per EDU. d) For the Inner Islands-Venture Out- Supplemental Parcels as established by Resolution No. 156-2013, with certain parcel owners that opted to be on the tax roll that started in 2012 and the others in 2013, properties are hereby levied at a rate of$302.53 per EDU. e) For the 35 Additional Parcels - Supplemental Parcels as established by Resolution No. 157-2015, on the tax roll that started in 2015, properties are hereby levied at a rate of $337.10 per EDU. Section 5: East/West Long Key Service Area. That the County Commission hereby imposes a non-ad valorem annual assessment for parcels in said service area established by Resolution No. 157-2015, on the tax roll that started in 2015, to be levied at a rate of $337.10 per EDU. Section 6: No Name Key Service Area. That the County Commission hereby imposes a non-ad valorem annual assessment for parcels in said service area established by Resolution No. 157-2015, on the tax roll that started in 2015, to be levied at a rate of $337.10 per EDU. Section 7: Big and Middle Torch Key Service Area. That the County Commission hereby imposes a non-ad valorem annual assessment for parcels in said service area established by Resolution No. 157-2015, on the tax roll that started in 2015, to be levied at a rate of $337.10 per EDU. Section 8: That the County Administrator, or designee, is hereby authorized and directed to submit to the Monroe County Tax Collector, pursuant to the Uniform Assessment Collection Act (Sections 197.3632 and 197.3635, Fla. Stat.), the assessment rolls for the above- referenced Service Areas for the upcoming fiscal year, and as previously authorized by the Board of County Commissioners in connection with the above-referenced ordinances and resolutions. Section 9: That if any clause, section, other part or application of this resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it 5 : shall.not,affect:the validity of the remaining portion:or applications:of this:resolution :•.: • •Section•10: :i That this resolution shall: be in full: force and effect immediately: upon:its' •• • • ': adoption.. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, • ' .1 • • Florida, at a meeting of said.Board held:on the.this: '16t• :•day..of • :July • • ;:2025.:.• • :• •i • • •• •Mayor James K. Scholl : ' . .• .Yes. •' Mayor pro tern Michelle:Lincoln• Yes. : : : • : : •. Commissioner C C • Com. i i ner Craig.Cates...ates..• • • Absent •• - : Commissioner:David Rice: : Yes i sio . . • ill Raschein heinHi . . • � � � :omm s ner Holly Merr •.asc �' Yes � • • •: : • : .: : •.- .,,,;,,::::::,i.,'...c,I.._:),,:f7-'-'7'.'.--'---Z•liN'$-Z,,,,. •: : ••: : - .. .• •: :• .: : •• • . •: :• .. i • • - : : •.: : * • '• . : : .: : '.. . . : :• • : : :. ••. : : : '!'`•�.y�I•,iS-,- (Sëal)• �.,�p,��\N'"•C�'�J . ., ., • L C 7 ,,, -�Attest�:r.Ke'in,Madok Clerk • BOARD'OF COUNTY COMMISSIONERS: •• • Vh N O•F •M•ONR •OE COU• NTY FLORIDA • • �av r J 4r T ,/ W t'f-'r,e--7 t; • . • • i ... • •' .. •" • • . - ' • * . • . • .• • .. �vl t4t, r�! r+r i M�i� br `! �'�� ram''S��i j'� • .. • .. .. • .. • • . • . . •-•,,, v.,,,:,.--i.-_,,,,,,,,-„,i,g-i., ,-4-t• ••,,,,,,,,,,,,,-.,...,,2,,, „Fil • - . • . . • • • • • • - • . - ' - • • • - • • • . - - • • • • . • • . • • . 4,,,.,,,,N.,-;','.,,i.--:',,,, ,q,14:,....5,A '', ''...51:77."' ' * * . IP . •r s .• : ::: •. ''',,,:: Ilk . . -.. . . '.'''''.':IB''''Y'::::''''''..::'-.:1'''.'..• :0`.7k•I'-r-L°tA(/111. .. . LfrYt'1c'yBy:: • ii, • ..: . '. :.• • ... : :•••'..: . : • H. • ... ' , . ' :.. • . H ' : ,.. :.: • :: ' .' . • • -As De uty.Clerk ' : ' .. • : :: -James..K.:Scholl, Mayor . ' • A rpp .oved as tolegal form and sufficient . • - •• : � C V Di itally signed by Eve M.Lewis C g • • . S..Date:2025.07.01 11:07:13 oa'00' y •Eve:M.•Lewis, Asst.:County•Attorne • :.• • c : i • : ; _ . • t.:.. Mix rt - .- . :-• �«+ 6: :: • : : : KeysNews.eom KE , / , IZEN 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 WASTEWATER 1100 Simonton St #2-216 KEY WEST FL 33040 Account: 419317 Ticket: 3963172 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF MONROE [legal text] Before the undersigned authority personally appeared Jill Kelli Di Benedetto ,who on oath says that he or she is The legal advertising representative of the Key West Citizen,a five day newspa- per published in Key West,in Monroe County, Florida;that the attached copy of advertisment,being a legal notice in the matter of was published in said newspa- per in the issues of: Saturday,June 21,2025 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 Key West, in said Monroe County, Florida,for a period of 1 year next preceding the first publication of the attached copy of advertisement;and affiant further says that he or she has neither paid nor promised any person,firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertise- ment for publication in the said newspaper. (Signature ofAffiant) Affirmed and subscribed before me this 17th day of July 2025 (Notary Public Signature) Laura M Robins (Notary Public Printed Name) (Notary Seal) My commission expires 9/26/2026 Personally Known X Produced Identification Type of Identification Produced (Notary Seal) � u.�ra �ru�b4n f12 j NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ANNUAL WASTEWATER ASSESSMENT RESOLUTION NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that at 9:OOam,or soon thereafter,on July 16,2025,at the Marathon Government Center,2798 Overseas Highway,Mara- thon,Florida,33050,Monroe County,Florida,the Board of County Commissioners of Mon- roe County,Florida,intends to consider the adoption of the following County resolution: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUN- TY, FLORIDA, RELATING TO THE CONTINUATION OF ANNUAL WASTEWATER AS- SESSMENTS BASED ON PREVIOUSLY ESTABLISHED STUDIES AND PHASED IN- CLUSION OF BENEFITTED PROPERTIES WITHIN THE FOLLOWING WASTEWATER SERVICE AREAS:SOUTH STOCK ISLAND PHASE 2,BIG COPPITT AND DUCK KEY, CUDJOE REGIONAL CENTRALIZED, EAST/WEST LONG KEY, NO NAME KEY, AND MIDDLE AND BIG TORCH KEY FOR THE 2025 TAX YEAR;PROVIDING FOR SEVER- ABILITY,AND PROVIDING AN EFFECTIVE DATE. The proposed schedule of assessment(per EDIJ)is as follows,and is subject to change: 1. South Stock Island Phase 2 Service Area(Resolution No.116-2017):$211.37. 2. Big Coppitt&Duck Key Service Area(Resolution Nos.264-2007&157-2013):$271.88; $329.24. 3. Cudjoe Regional Centralized Service Area,as expanded(Resolution Nos.173-2012, 174-2012,156-2013,155-2013,154-2013&157-2015)$302.53;$310.29;and $337.10. 4. East/West Long Key Service Area(Resolution No.157-2015):$337.10. 5. No Name Key Service Area(Resolution No.157-2015):$337.10. 6. Middle and Big Torch Keys Service Area(Resolution No.157-2015):$337.10. Pursuant to Section 286.0105,Fla.Stat.,notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he/she will need a record of the proceedings,and that,for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE.If you are a person with a disability who needs special accommoda- tions in order to participate in this proceeding,please contact the County Administra- tor's Office,by phoning(305)292-4441,between the hours of 8:30 a.m.-5.00 p.m.,no later than five(5)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call 711" The assessments will be collected by the tax collector on the ad valorem tax bill mailed in No- vember 2025,as authorized by Section 197.3632, Fla.Stat. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. The public may participate in the July 16,2025 meeting of the Board of County Commission- ers of Monroe County,Florida by attending in person or via Zoom.The Zoom link can be found in the agenda at: https://mcbocc.zoom.us/*/89204098700,or Live Closed Captioning is avail- able via the MCTV portal at https://cloud.castus.ty/vod/monroe/video/60832c9dcf67bb7ac- Oc21791?page=HOME&type=live.All affected property owners have the right to appear at the public hearing and the right to file written objections within 20 days of the publication of this notice. Dated at Key West,Florida,this 18th day of June,2025. Kevin Madok,Clerk of the Circuit Court and ex officio Clerk of the Board of County Publication dates: Commissioners of Monroe County,Florida KW Citizen: 06-21-2025 Keys Weekly: 06-26-2025 News Barometer: 06-27-2025 OkKk . 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