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Resolution 2013-292 RESOLUTION 2013 - 2 9 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN CERTAIN PORTIONS OF THE UNINCORPORATED AREA OF THE COUNTY DESCRIBED HEREIN; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the "Board") of Collier County, Florida (the "County") is contemplating the imposition of special assessments over a number of years to fund the cost of providing seawalls and other waterway improvements; and WHEREAS, the Board intends to use the uniform method for collecting non-ad valorem special assessments imposed over a number of years for the cost of providing such services and facilities to property within the County described herein, as authorized by Section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2014, in the same manner as provided for ad valorem taxes; and WHEREAS, the Board held a duly advertised public hearing prior to the adoption of this resolution ("Resolution"), proof of publication of such hearing being attached hereto as EXHIBIT A; and BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 1. Commencing with the Fiscal Year beginning on October 1, 2014, and with the tax statement mailed for such Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes, as amended, to collect special assessments imposed over a number of years to fund the cost of providing seawalls and other waterway improvements. Such non-ad valorem assessments may be levied within a portion of the unincorporated area of the County. A legal description of such area that may be subject to the imposition of such special assessment is attached hereto as EXHIBIT B and incorporated herein by reference. 2. The Board hereby determines that the levy of such non-ad valorem assessments is needed to fund the cost of providing seawalls and other waterway improvements within the area described in EXHIBIT B hereto. 3. Upon adoption, the Clerk of the Circuit Court as Clerk to the Board, is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Collier County Tax Collector, and the Collier County Property Appraiser by January 10, 2014. 4. This Resolution shall take effect immediately upon its adoption THIS RESOLUTION ADOPTED, after motion, second and majority vote on this the 10th day of December, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, AS THE � r;.� GOVERNING BODY OF COLLIER j, COUNTY Deputy Cwt as o a ' y GEO 17,w1IF LLER, ESQ. signature only. CHAI OMAN Appr• e i . is + _•s and legality: i p , Jeffre I• . latzkow Coun A 0�rney 2 EXHIBIT A PROOF OF PUBLICATION OF NOTICE OF HEARING 1• -NOTICE e NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS The Board of notice,pursuant to Section 9753632(3)fa),Florida Statutes,of itttaIntent to pr i he • • uniform method of collecting non-ad valorem special assessment to be levied over I a waterway improvement,. Thee opposed assessment seawall Improvements o ted In Use , following potential area(known locally at"La Peninsula"): ' NAPLES DAILY NEWS BEGINNING AT THE NORTHEAST CORNER OF SECTION TOWNSHIP TOWNSHIP 52 SOUTH, I Published Daily • 25 s CO DS WEST FOR 30.0 FEET;THENCEi RUN NORTH 88 DEGREES 48 MIND MINUTES Naples,FL 34110 SECONDS WEST FOR 90.00E FEET; RUN SOUTH 20 1 DEGREE 11 MINUTES 33 DEGREES 32 MINUTES 44 SECONDS EAST FOR 27234 FEET, TO A POINT ON A CERTAIN BULKHEAD UNE AS ■ RECORDED IN BULKHEAD LINE PLAT BOOK 1,PAGE 8,OF THE PUBLIC RECORDS OF • • • SAIDiBULKHEAD LINE: THENCE RUN MINUTES COURSES,ALONG FOR Affidavit of Publication 443.05 FEET;THENCE RUN SOUTH 74 DEGREES 20 MINUTES 53 SECONDS WEST FOR 900.00 FEET, TO A POINT'OF CURVATURE;THENCE RUN 496.98 FEET ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 185.00 DEGREES , State of Florida . 41EMINU ES 32.5 SECONDS WEST OAND AVL NGTHBOF360.46 FEET,TO A 28 POINT OF TANGENCY; THENCE NORTH 48 DEGREES 16 MINUTES 02 SECONDS.EAST, FOR Counties of Collier and Lee 712.63 FEET, TO THE END OF THE BULKHEAD LINE; THENCE RUN SOUTH B8 DEGREES 48 MINUTES 27 SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION 6. 1209.85 FEET,TO THE POINT OF BEGINNING;CONTAINING 17:81 ACRES, I MORE OR LESS. Before the undersigned they serve as the authority,personally The Board of County Commissioners will consider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by. section 197.3632.Florida Statutes, at a public hearing to be held on December 10; i appeared Angela Panciera,who on oath says that she serves as 7013 at 1:30'P.M. or as soon thereafter as the matter ma be hard, In the Commission Chambers,Collier County Government Center,3299 Tbeihel Trail East, Account Executive of the Naples Daily News, a daily 3rd Floor,Naples,Florida.All interested persons are invited to attend. newspaper published at Naples,in Collier County, Such resolution will state the need for the levy and will contain a legal description s Florida;; of the boundaries of the real property subject to the levy. Copies of the proposed form of resolution,which contains the legal description of the real property subject distributed in Collier and Lee counties of Florida; that the to the levy,may be obtained from the Clerk to the Board of County Commissioners at the Board Minutes and Records Department. attached copy of the advertising,being a t • If you are a person with a disability who needs any accommodation In order to participate In this proceeding,you are entitled,at no cost to you,the provision of 1 certain assistance. Please contact the Collier County Facilities Management I Department located at 3335 Tamlaml Trail East, Suite 1, Naples, Florida, 34112. PUBLIC NOTICE I 5356, (239) 252-0380; assisted listening devices for the hearing Impaired are available In the Facilities Management Department. All affected property owners have a right to appear at the hearing and/or to file written objections with the •• Board of County Commissioners. Any person wishing to appeal any decision of the 1 Board of County Commissioners with respect to any matter considered will need a in the matter of PUBLIC NOTICE record and may wish to ensure that a verbatim record is made. November 11 IR&25 and December 2.2013 1 . Na.2006198 ■ was published in said newspaper 4 times in the issues on November 11,November 18,November 25 and December 2, 2013. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, f • each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one • year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount,rebate, commission or refund for the purpose of securing this advertisement for . publication in K-the"said newspaper. ) L' ./1I/:// ///i////T (Si nature of affiant) ( . Sworn to and subscribed before me • ,, • ar�n,,,,, CAROL POLIDORA This'20th da ".,— .._-••f December,2013 it('r' rye: MY COMMISSION I EE 851758 °a?. i EXPIRES:November 28,2014 / 1) A) 1 j ' i' 'a 4 8ondedTtyuPldlardk114xen1NAga1sgl (Signature of notary public) `� • EXHIBIT B LEGAL DESCRIPTION The proposed assessment area would be located in the following potential area (known locally as "La Peninsula"): BEGINNING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 1 DEGREE 11 MINUTES 25 SECONDS WEST FOR 30.0 FEET; THENCE RUN NORTH 88 DEGREES 48 MINUTES 27 SECONDS WEST FOR 380.00 FEET; THENCE RUN SOUTH 1 DEGREE 11 MINUTES 33 SECONDS WEST FOR 90.00 FEET; THENCE RUN SOUTH 20 DEGREES 32 MINUTES 44 SECONDS EAST FOR 272.34 FEET, TO A POINT ON A CERTAIN BULKHEAD LINE AS RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING COURSES, ALONG THE SAID BULKHEAD LINE: SOUTH 69 DEGREES 27 MINUTES 16 SECONDS WEST FOR 443.05 FEET; THENCE RUN SOUTH 74 DEGREES 20 MINUTES 53 SECONDS WEST FOR 900.00 FEET, TO A POINT OF CURVATURE; THENCE RUN 496.98 FEET ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 185.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF NORTH 28 DEGREES 41 MINUTES 32.5 SECONDS WEST AND A LENGTH OF 360.46 FEET, TO A POINT OF TANGENCY; THENCE NORTH 48 DEGREES 16 MINUTES 02 SECONDS EAST, FOR 712.63 FEET, TO THE END OF THE BULKHEAD LINE; THENCE RUN SOUTH 88 DEGREES 48 MINUTES 27 SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION 6, 1209.85 FEET, TO THE POINT OF BEGINNING; CONTAINING 17.81 ACRES, MORE OR LESS.