BCC Minutes 09/02/1980 R Naples, Florida, September 2, 1930
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Governing Board(s)
of such special districts as have been created according to law and having
conducted business h'rein, met on thin A-4-e at 9:00 A.''. ' ^-;ular Session ,,
in Building "F" of the Courthouse Complex with the following members 1
present:
CHAIRMAN: Clifford Wenzel
VICE-CHAIRMAN: Thomas P. Archer
John A. Pistor
C. R. "Russ" Wimer
David C. Brown
II ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall , Chief Deputy
Clerk/Fiscal Officer; Edna L. Brenneman, Deputy Clerk; C. William Norman,
County Manager; Donald A. Pickworth, County Attorney; Terry Virta, Community
Development Administrator; •leffory Ferry, Zoning Di.^nr+nr: 11 r, nett, 1
`_ I Administrative Assistant to the County Manager; Mary Morgan, Administrative
l Aide to the Board; Ernestine Stephan, Administrative Assistant to the
Utilities Division Director; and, Deputy Chief Raymond Barnett, Sheriff's
Department.
r AGENDA
, 1 . INVOCATION
2. PLEDGE OF ALLEGIANCE .
3. APPROVAL OF AGENDA 1 '
4 . APPROVAL OF MINUTES July 29 , 1900 I
5. PROCLAMATION AND PRESENTATION OF AWARDS —
.t 6. SOCIAL SERVICES '
,
7. ADVERTISED PUBLIC HEARINGS
A. Petition NZ-80-9-C, County Planning Department : requesting l
an amendment to Section 38 E-Estates District , paragraph 2b
which allows motor homes or travel trailers as a temporary
residence while a permanent residence is being constructed , `.
subject to certain conditions . (Community Development) "\
(Continued from 8/5/80 Agenda)
B. Petition V-80-4-C, Horace Cromwell : requesting a variance
to expand a building with a non-conforming setback: on the
side. (Zoning Department) (Continued from 3/25/80 Agenda) .
"4 September 2, 1980
• e
8. OLD BUSINESS
L •
9. REQUESTS FOR ADVERTISING
A. Petition V-80-10-C , Philip M. Francoeur : requesting
variances from minimum distance between structures and
from maximum density permitted . (9/23/80)
B. Petition V-80-11 -C, Larry Lee Blough : requesting a
variance from side setback requirement for Lot 20,
Block 2 , Unit 1 , Naples Manor. (9/23/80)
10. COUNTY MANAGER ' S REPORT
A. COUNTY MANAGER
— I
( 1 ) Request by Mr. James F. Boney to obtain a concealed
pistol permit .
(2) Recommendation to accept Florida Boating Improvement
Program Grant Funds and enter into a standard grant
.0 agreement with the Florida Department of Natural
Resources . -
B. PUBLIC WORKS
(1 ) Request for preliminary acceptance of various
; streets within Marco Beach Units 11 and 12.
•
(2) Recommendation for final acceptance of Lakewood
Unit 5 and release of maintenance bond.
C. YOUTH GUIDANCE VOLUNTEER SERVICES
( 1 ) Recommendation to secure new office space for
Youth Guidance Volunteer Program.
D. ZONING
(1 ) Resolution to recover funds expended by the
County to abate a public nuisance (weeds and
vegetation) on Lots 25 , 26 & 27 , Block 34 ,
Unit 6, Naples Park.
September 2, 1980
11 . DATA PROCESSING MANAGER ' S REPORT
12. UTILITIES MANAGER ' S REPORT
• 13. COUNTY ATTORNEY ' S REPORT
14. CLERK TO THE BOARD ' S REPORT
A. Payment of bills
•
B. Budget Amendments
C. Other
15. BOARD OF COUNTY COMMISSIONERS
16. MISCELLANEOUS CORRESPONDENCE
17 . NEW BUSINESS
18 . PUBLIC PETITIONS
19. ADJOURN
AGENDA - APPROVED WITH ADDITIONS/DELETION
Commissioner Pistor moved, seconded by Commissioner Archer and
unanimously carried, that the following item be withdrawn, pursuant to
request by the County Manager:
Petition NZ-80-9-C, filed by the County Planning Department,
amending pertinent section of the Zoning Ordinance re motor homes
and travel trailers.
At the request of the County Attorney, the following items were
added to the Agenda:
Adoption of emergency ordinances creating MSTDs for the unincorporated
areas of the County.
•
Commissioner Wimer moved, seconded by Commissioner Brown and carried
3/2 with Commissioners Wenzel and Pistor opposed, that the following matter
be included in the Agenda:
• ' Request by American Ambulance Inc. President to submit response to
questions posed in report pertaining to recently completed audit of
the firm.
County Manager Norman asked that the following topics be added to the
Agenda, where appropriate:
•
• September 2, 1980
1. Presentation of DOT Study on Mass Transportation;
2. Consideration of acceptance of the Landmark Estates water lines;
3. Appointment of a Canvassing Board for the 9/9/80 Primary Election.
Pursuant to a suggestion by Fiscal Officer Hall , and concurred with
by Chairman Wenzel , the following item was added to the A^^nda:
- 1 Review of the recommendations of the Audit Selection Committee.*
• . *NOTE: It was the consensus of the Board that this subject be
deferred for two weeks to permit further review of the
material furnished; however, at the urging of Mike
Zewalk, North Naples Civic Association, Lance Hooks, East
Naples Civic Association, Henry W. Maxant, Pine Ridge Civic
Association, Otis Albright, Marshall Webb, Federation of
Civic Associations, and Richard Hahn, it was decided that
the matter would be addressed later in the Session.
Commissioner Archer moved, seconded by Commissioner Brown and carried
unanimously, that the agenda be approved with the deletion and additions
T'. noted above.
-
MINUTES OF JULY 29, 1980 - APPROVED
,, Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that the minutes of the meeting of July 29, 1980 be
approved as submitted.
• PETITION NZ-80-9-C, COUNTY PLANNING DEPARTMENT, REQUESTING AMENDMENT TO
SECTION 38 E-ESTATES DISTRICT, PARAGRAPH 2b, WHICH ALLOWS MOTOR HOMES
OR TRAVEL TRAILERS AS TEMPORARY RESIDENCE WHILE PERMANENT RESIDENCE IS
BEING CONSTRUCTED - WITHDRAWN; RE-ADVERTISING AUTHORIZED FOR PUBLIC HEARING
TO BE HELD AS SOON AS POSSIBLE
I Legal notice having been published in the Naples Daily News on July
A
t 17, 1980 as evidenced by Affidavit of Publication previously filed with
1 the Clerk, public hearing was continued from August 5, 1980 with regard to
Petition N7-80-9-C, filed by the County Planning Department, requesting an
t. amendment to Section 38 E-Estates Zoning District, of the Zoning Ordinance,
t
pertaining to motor homes or travel trailers being permitted while a
',r
permanent residence is being constructed.
Pursuant to County Manager C. William Norman's advice that it has been
requested by the Petitioner that the ordinance be withdrawn and redrafted to
i
September 2, 1980
incorporate necessary changes, Conmissioner Pistor moved, seconded by
Commissioner Archer and unanimously carried, that the ordinance pertaining
to Petition NZ-80-9-C be withdrawn from the Agenda.
Commissioner Pistor moved, seconded by Commissioner Brown and
carried unanimously, that a pronoted ordinance ren rsina Petition NZ-80-9-C
be re-advertised for a public hearing as soon as possible.
RESOLUTION 80-170A RE PETITION V-80-4-C, HORACE CROMWELL, REQUESTING
VARIANCE TO EXPAND A BUILDING WITH NON-CONFORMING SETBACK FOR PROPERTY
LOCATED IN THE PINE RIDGE INDUSTRIAL PARK - ADOPTED
Legal notice having been published in the Naples Daily News on
March 9, 1980 as evidenced by Affidavit of Publication previously filed
with the Clerk, public hearing was continued from March 25, 1980 with
regard to Petition V-80-4-C, filed by Horace Cromwell , requesting a variance
to expand a building with a non-conforming setback on the side for property
located on wass n ng eon Stye,.,, the Pine Ri uye ,,,�.__. _. , a! K.
Zoning Director Jeffory Perry referred to the Executive Summary on
the subject, dated August 18, 1980, to explain the background information
with regard to the petition, the amendments to the Zoning Ordinance which
have been adopted by the Board in the interim since the petition was
originally filed, and the reasons why the subject petition is now being
recommended for approval by the staff.
There were no persons registered to address the issue, whereupon
Commissioner Archer moved, seconded by Commissioner Brown and unanimously
carried, that the public hearing be closed.
Commissioner Brown moved, seconded by Commissioner Archer and unanimously
carried, that Resolution 80-170A with regard to Petition V-80-4-C be adopted,
as recommended.
* i
* * * 9
September 2, 1980
RESOLUTION 80-170-A
n
•
Relating to Petition Number V-80-4-C
For A Variance of Property Ilere.nafter Described in Collier County,
Florida.
WHEREAS, the Legislature of the State of Florida in Chapter 125 and
163, Florida Statutes, has conferred on all counties in Florida the
power to establish, coordinate and enforce zoning and such business
regulations as are necessary for the protection of the public, and
• • WHEREAS, the county pursuant thereto has adopted a Comprehensive
Zoning Ordinance establishing regulations for the zoning of particular
geographic divisions of the County, among which is the granting of
variances, and
WHEREAS, the Board of County Commissioners, being the duly elected
constituted board for the area hereby affected, has held a public hearing
after notice as in said regulations made and provided, and has considered
�. the advisability of a Variance to expand a building..-with a
non-conforming setback on the side.
in a I zone for the property hereinafter
described, and has found as a matter of fact that satisfactory provision
and arrangement has been made concerning all applicable matters required
by said regulations and in accordance with Section 41 of Article 3.B of
the Zoning Regulations for the Coastal Area Planning District, and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled and the Board having
considered all matters presented,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
• of Collier County, Florida, that the petition of Horace Crorewell
represented by Horace Cromwell
with respect to the property
hereinafter described as:
(See attached)
be and the same hereby is approved for a variance of the "z"
zoning district wherein said property is located, subject to the following
conditions:
Nnnr' arm tn'r 0/1
azc ass . -_�
September 2, 1980
RE IT FURTHER RESOLVED that this resolution relating to Petition
V-80
Number —4—C
be recorded in the minutes of this Board.
Commissioner Brown offered the foregoing resolution and
moved its adoption, seconded by Commissioner Archer
and upon
roll call the vote was:
AYES: Commissioners Brown, Archer, Pistor, j•limer and Wenzel
NAYS: Nor
ABSENT AND NOT VOTING: None
ABSTENTION: None
Done this 2nd day of September 1980 .
ATTEST: BOARD OF COUNTY COMMISSIONERS
WILLIAM J. REAGAN, CL RK COLLIER COUNTY, FLORIDA
•
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P JLP/sgg/6-C
Planning Dept.
4/19/79
September 2, 1980 .
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September 2, 1980
ORDINANCE 80-85 ESTABLISHING MSTD IN UNINCORPORATED AREAS OF COUNTY FOR
FUNDING GENERAL COUNTY OPERATIONS - ADOPTED, FOLLOWING DECLARATION OF
EMERGENCY
County Attorney Pickworth explained that two proposed ordinances
are being brought before the Board at this time as emergency ordinances
due to the advice from the Fiscal Department that prompt action is needed
in order to make the financial allocations in the proposed budgets for
FY 80-81. The two ordinances, said the Attorney, are to put into effect
the tentative decisions which have been made concerning the settlement of
•
the Double Taxation issue with the City - one ordinance is for funding
general County operations such as the Planning, Building, Zoning
Departments, together with the Airports, a portion of the Sheriff's budget,
and the like, and the second ordinance would cover funding for the Road
& Bridge Department's activities with regard to the local roads and
subdivision streets paid for by taxes levied in the unincorporated areas.
Commissioner Archer moved that an emergency be declared in view of
the fact that there are budgetary considerations involved. The motion was
seconded by Commissioner Pistor and unanimously carried.
Commissioner Archer moved, seconded by Commissioner Brown, that
Ordinance 80-85 establishir.g a MSTD in the unincorporated areas of the
County for funding general County operations be adopted.
Commissioner Wimer explained that he will vote for the adoption of
the subject ordinance in order to solve the "Double Taxation problem;"
however, he said that he is casting a negative vote against including the
Sheriff's Department, the roads, the Parks Department and Engineering
in the subject Districts.
Upon call for the question, the motion carried unanimously and the
ordinance as numbered and titled below was adopted and entered into
Ordinance Book No. 12.
September 2, 14d0 t
ORDINANCE NO. 80 - 7.5--
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, CRE-
ATING A GENERAL UNINCORPORATED MUNICIPAL SER-
VICE TAXING UNIT FOR THE PURPOSE OF PROVIDING .
MUNICIPAL SERVICES IN THE ENTIRE UNINCORPO-
RATED AREA OF COLLIER COUNTY. GRANTING THE
BOARD OF COUNTY COMMISSIONERS POWER AND AU-
THORITY AS THE GOVERNING BODY OF THE UNIT;
GRANTING THE POWER AND AUTHORITY TO DETERMINE
AND LEVY SERVICE CHARGES, SPECIAL ASSESSMENTS
OR AD VALOREM TAXES IN TILE UNIT TO PAY FOR
ESSENTIAL FACILITIES AND MUNICIPAL SERVICES
FURNISHED BY THE COUNTY IN THE UNIT; GRANTING ,
THE POWER AND AUTHORITY TO DETERMINE THE .
AMOUNT OF AD VALOREM TAXES WHICH MUST BE LEV-
TED AND COLLECT" 'N THE UNIT TO ^," FnR SER-
VICES AND PROJECTS PROVIDED OR FURNISHED BY
THE COUNTY IN THE UNIT; DECLARING AN EMERGEN-
CY TO EXIST AND PROVIDING AN EFFECTIVE DATE.
•
ORDINANCE 80-86 ESTABLISHING MSTD IN UNINCORPORATED AREAS OF COUNTY FOR
FUNDING ROAD & BRIDGE OPERATIONS - ADOPTED, FOLLOWING DECLARATION OF
EMERGENCY
Pursuant to discussion which took place in the preceeding action
• with regard to the adoption of Ordinance 80-85, Commissioner Archer moved,
seconded by Commissioner Pistor and unanimously carried, that an emergency
exists with regard to funding the MSTD's in the unincorporated areas
-- ' of the County.
- --- Commissioner Archer moved, seconded by Commissioner Brown and
unanimously carried, that the Ordinance, as numbered and entitled below,
be adopted and entered into Ordinance Book No. 12.
• - ORDINANCE NO. 80 - O b
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, CRE-
ATING A ROAD AND BRIDGE UNINCORPORATED MU-
;
a NICIPAL SERVICE TAXING UNIT FOR TIE PURPOSE
OF PROVIDING SUBDIVISION AND LOCAL ROAD AND
STREET IMPROVEMENTS IN THE ENTIRE UNINCORPO-
RATED AREA OF COLLIER COUNTY. GRANTING THE
BOARD OF COUNTY COMMISSIONERS POWER AND AU-
THORITY AS THE GOVERNING BODY OF THE UNIT; •
GRANTING THE POWER AND AUTHORITY TO DETERMINE
AND LEVY SERVICE CHARGES, SPECIAL ASSESSMENTS
OR AD VALOREM TAXES IN THE UNIT TO PAY FOR
THE DESCRIBED SERVICES FURNISHED BY THE COUN-
• TY IN THE UNIT; GRANTING THE POWER AND AU-
,w' THORITY TO DETERMINE THE AMOUNT OF AD VALOREM
TAXES WHICH MUST BE LEVIED AND COLLECTED IN
THE UNIT TO PAY FOR SERVICES AND PROJECTS
. PROVIDED OR FURNISHED BY THE COUNTY IN TIM
UNIT; DECLARING AN EMERGENCY TO EXIST AND
PROVIDING AN EFFECTIVE DATE.
- r t HUI *040
September 2, 1980
SUBMITTAL OF RESPONSE FROM AMERICAN AMBULANCE INC. TO QUESTIONS POSED
PURSUANT TO AUDIT OF THE FIRM BY PEAT, MARWICK, MITCHELL b CO. - TO
BE FURTHER ADDRESSED FOLLOWING REVIEW OF MATERIAL BY STAFF
Mr. Jack Maguire, President of American Ambulance, Inc. , provided
the Board members with copies of his letter dated September 2, 1980
transmitti.., his response t‘ questions pus.... :,: the Peat, Marwicv;
Mitchell & Co. Audit of the firm. He said that to his knowledge he has
provided all of the information requested by Clerk William Reagan and •
the auditors and requested the opportunity to again address the Board
when the responses furnished have been "digested."
JP
Following a brief discussion, the Chair directed that the material
furnished by Mr. Maguire be turned over to Clerk Reagan and his staff
for a review and that when this has been done that a report to the Board
__ be forthcoming.
Mr. Zewalk's re' '' " '' ' el directed
that copies of the subject information be made available to the public
by the County Manager's office.
PETITION V-80-10-C, PHILIP M. FRANCOEUR, REQUESTING VARIANCES FROM MINIMUM
DISTANCE BETWEEN STRUCTURES AND FROM MAXIMUM DENSITY PERMITTED - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING 9/23/80
Commissioner Archer moved, seconded by Commissioner Pistor and unanimously
carried, that Petition V-80-10-C, filed by Philip M. Francoeur, requesting
variances from minimum distance between structures and from maximum density
permitted on property located on Lots 25 through 30, inclusive, Block A,
4.
Conner's Vanderbilt Beach Estates, Unit 1, be advertised for a public hearing
on September 23, 1980.
PETITION V-80-11-C, LARRY LEE BLOUGH, REQUESTING A VARIANCE FROM SIDE
SETBACK REQUIREMENT FOR LOT 20, BLOCK 2, UNIT 1, NAPLES MANOR - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 23, 1980
• Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously, that Petition V-80-11-C, filed by Larry Lee Blough, requesting
a variance from the side setback requirement for Lot 20, Block 2, Unit 1,
Naples Manor, be advertised for public hearing September 23, 1980.
r
September 2, 1980
REQUEST BY JAMES F. BONEY TO OBTAIN A CONCEALED PISTOL PERMMIT - DENIED
Administrative Assistant to the County Manager H. G. Willett informed
the Board that a request has been received from James F. Boney for a
permit to carry a concealed pistol on the basis that the applicant's
primary h,Mciness is that of security work. Referring to the information
submitted in the Executive Summary dated August 21, 1980, Mr. Willett
said that the applicant does not meet the terms of the pertinent ordinance -
specifically, that Mr. Boney's primary business is not security work, and
stated further that there is no alternative but to recommend denial based
on this fact.
Commissioner Archer moved for acceptance of the staff recommendation
that the permit requested by James F. Boney be denied. The motion was
seconded by Commissioner Pistor and unanimously carried.
FLORIDA BOATINu irirrtuyd ENT ^:. .: '.M GRANT FUNL., - ., ,,,.iLMAN
AUTHORIZED TO EXECUTE GRANT AGREEMENT, SUBJECT TO APPROVAL BY COUNTY
ATTORNEY AND COUNTY MANAGER
The Board was informed by the Administrative Assistant to the
County Manager H. G. Willett that the County has received permits for
the no wake" signs from all appropriate agencies, as listed in the
Executive Summary dated August 25, 1980, and that final action can now
be taken by the DNR to process the Florida Boating Improvement Program
Grant application in the amount of $15,000. The Grant Agreement, which
requires execution by the Board, said Mr. Willett, is now being prepared
and, in order to expedite the program and avoid any further delays, it
is being recommended that the Board accept the DNR grant and to authorize
the Chairman to execute the Grant Agreement provided that it is acceptable
to the County Manager and the County Attorney.
r:mmissioner Archer moved, seconded by Commissioner Pistor and unanimously
carried, that the staff recommendation be accepted, as detailed above.
September 2, 1980
PRELIMINARY ACCEPTANCE OF VARIOUS STREETS WITHIN MARCO BEACH UNITS 11
AND 12 - APPROVED
Reading from the Executive Summary dated August 21, 1980, Public
Works Administrator/Engineer Barksdale reported that certain streets
within Marco Beach Units 11 and 12 have recently been completed and
;nspc.,ued. is the staff rep._;.- _.idation that ope...:.:1 of preliminary
acceptance be granted, continued Mr. Barksdale, with the understanding
that the Deltona Corporation will be required to maintain the subject
streets for a one-year maintenance period, at which time the streets will
be reinspected for any deficiencies.
Commissioner Pistor moved, seconded by Commissioner Brown and unanimously
carried, that the Board grant preliminary acceptance of the following
streets within Marco Beach Units 11 and 12:
Marco Beach Unit 11 :
" :. :.,'.n Cour} - from Giraid? }^ Court
2. Hull Court
3. Rockport Court
Marco Beach Unit 12:
1. Kendall Drive - from Hernando Drive to 120' north of Renard Court
2. Renard Court
3. Maunder Court
4. Thorpe Court
5. Gray Court
• 6. Richards Court
7. Austin Court
8. Parkhouse Court
9. Clifton Court
FINAL ACCEPTANCE OF LAKEWOOD UNIT 5 (EXCLUDING LAKEWOOD BOULEVARD) - APPROVED;
MAINTENANCE SECURITY BOND (NO. U. S. 00064 IN THE AMOUNT OF $55,279.07)
RELEASED
Prefacing the Board's consideration for the final acceptance of
Lakewood Unit 5, Public Works Administrator/Engineer Barksdale informed
the Board that the one-year maintenance period has expired with regard
to Lakewood Unit 5, excluding Lakewood Boulevard, and said that the County
staff has reinspected the project and recommends its final acceptance. Also
being recommended, he continued, is the release of the Maintenance Bond
(No. U. S. 00064 in the account of $55,279.07), and the retention of
September 2, 1980
Construction Bond (No. U. S. 00065 in the amount of $29,844.32) to guarantee
the completion of the construction of sidewalks.
Commissioner Pistor moved, seconded by Commissioner Archer and carried
• unanimntwsly, that the staff reromr ndation with regard to the final
acceptance of Lakewood Unit 5 (excluding Lakewood Boulevard) be approved,
as detailed above.
PRESENTATION OF FINAL REPORT CF DOT TRANSIT STUDY FOR COLLIER COUNTY - TO
BE FURTHER DISCUSSED 9/9/80 IN CONJUNCTION WITH ACTION RE REFERENDUM/STRAW
VOTE TO DETERMINE PUBLIC REACTION TO SUBSIDIZING TRANSIT SYSTEM; COUNTY ATTORNEY
TO PROVIDE LEGAL OPINION IF VOTE COULD BE BINDING
Before proceeding with the presentation of the Service Area Development
Summary with regard to the Collier County Transit System, as prepared
by the Department of Transportation, Public Works Administrator/Engineer
Barksdale brought to the Board's attention that the Board will be taking
•
action September 9, 1980 on the scheduling of a referendum to determine
the public's reaction to the matter of subsidizing a transit system. It
was his suggestion that the material being distributed by the DOT representative
be reviewed by the Commissioners prior to the next meeting.
Mr. Doug O'Hara, Planner with the Department of Transportation, advised
that a five-year program has been developed, providing for a fixed-route
system the first year to a combined fixed-route/point deviation by the
fifth year, explaining the routes, the times of operation, the fare, and other
t '
\ $
i pertinent points involved in the system. Referring to the prepared report,
Mr. O'Hara said that there are two programs for funding the project - one
alternative being Section 18 Federal Funding, and the other Section 18 Funding
and FDOT Service Development Program using State Bus Fleet.
A brief question and answer period followed the presentation during
which Commissioner Wimer made the suggestion that, instead of a straw
ballot being held to determine the reaction of the public regarding the need
f and support for a transit system, that there be a binding referendum held.
i.
County Manager expressed doubt that the Commissioner's suggestion could be
pursued but that he would consult with the County Attorney and provide a
September 2, 1980
response for the next meeting.
•
Mr. Robert Russell , member of the Citizens Advisory Committee,
established for the purpose of studying the feasibility of a mass transit
system, and also the President of the Naples Civic Association, pointed out
• "gat ::.ire ar, capital or c; -'--`'n; costs ref';--`-' i►► the projected
figures and, although his organizations are not opposed to the project, in
his opinion the public should be made fully aware of what they will be
voting for in the referendum or straw vote.
Mr. Egon Hill offered his expression of support for the proposed
project; however, he said that, if in the first year, the people in the
outlying districts of the County who are really in need of the service,
are excluded, he would be very much surprised if those persons would vote
for the system.
Mr. J'— ';n, re •Psenti ng the 1 -"'- - of f'nmm....rP on the Citizens
Advisory Committee, acknowledged that it is the Chamber's position that the
time is coming when a transit system will be a necessity and would probably
have to be operated at a deficit. He said that if the 50t fare being
proposed is increased, such deficit could be held to a minimum.
The discussion was concluded with Chairman Wenzel reiterating that
the matter will be further discussed at the next Board meeting on September 9, 1980.
Submitted for the record was a letter dated September 2, 1980 from Lyle
S. Richardson, President of the Naples Civic Association, summarizing the
projected deficit for the system and including recommended wording to be
placed on the ballot as proposed by the Citizens Advisory Committee.
e * * * * * * * * * * * * * * * * *
RECESS: 10:10 A.M. until 10:17 A.M.
* * * * * * * * * * * * * * * * *
COUNTY MANAGER AUTHORIZED TO NEGOTIATE A LEASE FOR OFFICE SPACE FOR YOUTH
GUIDANCE VOLUNTEER PROGRAM; CHAIRMAN AUTHORIZED TO SIGN LEASE TO BECOME
EFFECTIVE 10/1/80
Pursuant to County Manager's explanation, as detailed in the Executive
Summary dated August 22, 1980, Commissioner Wimer moved, seconded by
September 2, 1980
Commissioner Brown and unanimously carried, that the County Manager be
authorized to negotiate a lease for office space in the Stone Realty
Building, on 11th Street, N. to serve the Youth Guidance Volunteer
Program; that the lease be in a form acceptable to the County Attorney;
and that the Chairman be authorized to sign said lease to become effective
1980.
RESOLUTION 80-171A TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A
PUBLIC NUISANCE ON LOTS 25, 26 and 27, BLOCK 34, UNIT 6, NAPLES PARK -
ADOPTED
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously, that Resolution 80-171A, to recover funds expended
by the County to abate a public nuisance on Lots 25, 26 and 27, Block 34,
Unit 6, Naples Park, owned by Jean Thompson, be adopted.
*
* 9
*
I
iR `{
3
* * *
L {t
a f
.. 11 la PACE t"- . .. .
000K
, . R-80-171 -A September 2, 1980
a.
A RESOLUTION OF THE BOARD OF COUNTY •
. COMMISSIONERS PROVIDING FOR ASSESSMENT `
OF LIEN, FOR THE COST OF THE ABATEMENT ,
.` OF PUBLIC NUISANCE, IN ACCORDANCE WITH
ORDINANCE 76-14.
WHEREAS, as provided in Ordinance 76-14, the cost of abatement of .
certain nuisances, including administrative costs actually incurred by the •
County, shall be assessed against such property; and ,
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together with
a description of said parcel; and
- WHEREAS, such assessment shall be legal, valid and binding obligations
upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30) days
after the mailing of legal notice of assessment after which interest shall accrue
at a rate of six percent '6%) per annum on any unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property des-
cribed as follows, and having been abated of a public nuisance after due and
•
proper notice thereof to the owner of said property, is hereby assessed the
following costs of such abatement, to wit:
NAME LEGAL DESCRIPTION COST • .
Jean Thompson Lots 25,26 & 27,Block $160.00
iilislaNNW 1' "'Ties Park
Unit 6
• t
_.. l
The Clerk of the Board shall mail a notice of the assessment of lien to
the owner or owners of the above described property, and, if such owner
fails to pay such assessment within thirty (30) days hereof, a certified copy ..
of this Resolution shall be filed in the Office of the Clerk of Courts, in and
_ for Collier County, Florida, to constitute a lien against such property accord-
ing to law, unless such direction is stayed by this Board upon appeal of the •---------..
assessment by the owner. .
DONE, ORDERED AND ADOPTED this 2nd day of September
• - 1980 after motion, second and roll call vote as follows: {
i Commissioner Archer Motioned and aye
Commissioner Pis tor Seconded and aye
'
Commissioner Winer Aye
i
Commissioner Brown Aye
Commissioner Wenzel Aye
4 •s ..A•Ti'. ST: BOARD OF COUNTY COMMISSIONERS
WILL1 ' J. REAG ' •CLERK COLLIER COUNTY, FLORIDA
�� i / /
l '•
r
IF
' CUF.!"� D WENZEL/ CH. IRMAN
•1 •'i;
• CW/JP/sgg/6-J
September 2, 1980
LANDMARK ESTATES WATER FACILITIES •- ACCEPTED SUBJECT TO STAFF STIPULATIONS;
EASEMENT, AND OTHER PERTINENT DOCUMENTS - FILED FOR THE RECORD, FOLLOWING
RECORDATION
Administrative Assistant to the Utilities Division Director
Ernestine Stephan addressed the Board in the absence of Director Berzon
rr^^astir: .accept- of the water Estates Phase
I, a mobile home rental park located on Old U.S. 41, just north of the
Carribean Mobile Home Park. She explained that the water and sewer lines
have been constructed within the area - the sewer lines, at the request of
the developer, are not being dedicated to the County at the present time.
The water lines, said Ms. Stephen, are being dedicated and easements have
been received, commenting that all of the streets within the development are
not being dedicated but will be owned and maintained by the developer. Two
matters have been found to be wrong with the construction of the water
lines, she cons;---
,. ,ainin^ r he nature of however;
she said it is being recommended that the water lines be accepted with the
stipulations that the subject insufficiencies be corrected within the
contractual guaranty period of one year from the date the facilities are
accepted.
The developer, Roy V. Whisnand, President of Landmark Associates,
requested that the Board defer action on the matter until later in the
Session when the engineer for the project is expected to be present.
In the interim period, at the request of Commissioner Pistor, Ms.
Stephen provided a status report on the proposed site for the Goodland
1 Water District storage tank. She said that the County has received a Quit
Claim Deed from DOT for the property and that acceptance of same is
scheduled on the Board's Agenda for the following week. In the meantime,
said Ms. Stephen, the Deed has been referred to the County Attorney's office
to be checked for legal sufficiency before recording, and that the project
engineers are performing a boundary survey and some soil surveys of the site
•
prior to the preparation of tnt final plans.
Later in the session, Mr. Whisnand, noting that his engineer was still
not in attendance, said that if the corrections to be made are clarified to
September 2, 1980
4
him, he is willing to state that they will be made within the one-year
period, although acknowledging that he does not understand the technical
aspects of them. However, said Mr. Whisnand, whatever is required will
be done because it is vital that his tenants have a water supply.
V.-^r moved, seco^-°4 'y Commi ssi orn"- R ..hsr and
unanimously carried, that the water facilities within Landmark Estates
Phase I be accepted with the following stipulations:
1 . Installation of four air release valves on the water lines
in the locations designated in Mr. Berzon's letter of 8/20/80
to the developer's engineer; and,
2. That all blow-off valves have a thrust block inscalled around
the main water line going into the valves;
and, also, that the following documents be accepted and/or recorded:
1 . Bill of Sale;
2. Warranty Deed;
3. Affidavit of No Liens;
4. Easemer*•
5. Letter from North Naples tire Control D I s tri c t.
District is accepting the ownership ano responsibility for the
maintenance of the fire hydrants;
6. A Verification of Final Costs for the Water Facilities;
7. An updated list of customers and/or property owner;
• 8. Certification from the developer that there were no
Contributions in Aid of Construction;
9. Contractual Guarantee for meterials and workmanship;
10. Certification from the engineer of record that all of the
Water Facilities are constructed within the dedicated
easement area;
11 . Pressure tests results on the water lines;
12. Copy of the bacteriological tests results;
13. One set of As Built Drawings;
and
14. A letter from the DER certifying that the water lines are
bacteriologically cleared.
* * *
663416 September 2, 1980
liP:CTED AR p PG rip
OFFICI!' r,_rr_^ POOK ft 0 QQ1 PG 12 2
COLtIFF. . • • - itEMM1
PH, '60
1 CEP 3 3 49 EASEMENT
ir
i
KNOW ALL MEN BY THESE PRESENTS:
That LANDMARK ASSOCIATES, a Florida General Partnership,
for and in consideration of the sum of One Dollar ($1.00) and other.
good and valuable consideration, has given and granted unto
::he Bc__.a of L.ountl ..ummissioners o.. Collier County. Florida
a Utility Easement in and over and across the following described
premises, lying and being in Collier County, Florida, to wit:
(SEE EXHIBIT "A" , CONSISTING OF PAGES A -' 0 _
THROUGH A ^ 9 ATTACHED HERETO AND MADE
A PART HEREOF, AND INCORPORATED HEREIN
BY REFERENCE. )
Grantor does hereby fully warrant title to said land
and will defend the same against the lawful claims of all persons
whomsoever. This Easement is given for the purpose of maintenance
of sewer, water, and n+-h-•- munirioal utilit•+- . • - -
1 IN WITNESS WHEREOF, I have hereunto set my hand and seal
------ this 0 23 day of July, 1980.
LANDMARK ASSOCIATES, by Landmark
Management Company, Inc. , Managing
General Partner
. /
• • By /4 s-1 .
Roy,7. Whisnand, President
STATE OF FLORIDA U
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day personally appeared before
I me, an officer duly authorized to administer oaths and take acknow-
. ledgments, ROY V. WHISNAND, as President of Landmark Management
Company, Inc. ,Managing Gen. Partner, LANDMARK ASSOCIATES, - to
I me well known to be .the person described in and who executed the fore-
going Easement,. and. acknowledged before me that he executed the same
freely and voluntarily for the purpose therein expressed.
WITNESS my hand and official seal at the City •of^Na les,
County of Collier, State of Florida, this ..... day of 'July, .1,98.0: .
My commission expires: q : i .f/ O I �,,•( 1!I • 7/.... %'fry:(�� ....•c..�Y .
NOTARY PUBLIC . : j,
(`S tAEr. .`�
v ; .-t)
i' LAW Ormcs
.. QAOWM.NICMOLS
O.R.881 PG 1283
• 800X 055 PAGE 108
September 2, 1980
LANDMARK ESTATES
SOUTH 1/2 OF THE NORTHWEST 1/4 LYING EAST
OF U.S.41 (AI.T) LESS THE SOUTH 881 FEET THEREOF
SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA
EXHIBIT " A " _
LEDGEND
INDICATES PROPOSED PAVEMENT ,
SHADED PORTION INDICATES EASEMENT TO BE GRANTED
TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER .
— _ ___ COUNTY, FLORIDA
- f ' ^I CATES SHE 7 "'" ' °
.11►
A-7 A rAul -9 r5i r r-
7i/=f LLJL RfCAACTEO N ill
I
1 ----- F
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A-2 A-4 A-6 A-8
SHEET LOCKf I ON :1AP
s •
• PREPARED FOR: •
LANDMARK ASSOCIATES
• PREPARED BY:
WILSOII,MILLER,BARTON,SOLL & PEEK, INC.
ENGINEERS, LAND SURVEYORS & PLANNERS
NAPLES, FLORIDA
AUGUST 1980
, 8 :
. 0.R.881PG 1284
Septerber 2, 19;'
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CURVE TABLE
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. 6 = 90° CH= N 45°-27'-42" E N
. "
# 2 8 # 4 R= 15.00' A= 23.56' CH= 21.21'
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: .
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BOOK 055 PACE I.13 N ' >,
CURVE TABLE
1 # 1 & # 3 R= 15.00' A= 23.56' CH= 21.21' N •
•
a = 90' CH= N 45°-27'-42" E EXHIBIT "A" ..`
# 2 & # 4 R= 15.00' A= 23.56' CH= 21.21' PACE A-5
• • ':-90' CH= N 44°=32t-"J W 1 *
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RECORDER'S NEMO: Losilat7 -
*: d with% Typing or rem ; EXHIBIT "A"
• daddry is this domino*
. whoa nai.ai PAGE A-6
7.
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UAL obi r eal 3 4:11) 1
-..- eptember 2; 1980 ..
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—;——— —— — N 89°O-33a-8_W 590.00_
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RECORDER'S MEMO: Legiloati
el writing, Typing or Printing
in 055 PAgE N T "A"
1., vita method.
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CURVE TABLE .
. .
• • # 1 & 0 3 R= 15.00' A= 23.56' CH= 21.21' N ,
' = 90° CH= ti q5°-27'-42" E A "A"
• • $.'! 2 g 0 4 R= 15.00' A= 25.56' CH= 21.21'
PAGE A-8 . .
6= 90° CH= N 44.=32i-18" W
i‘
---- ,
• •
_
Septembeo II 881 PG 1292
�. �1�=0.Cti0'! 140.GO' tlI 50.00' 1 n8 2 i'
.' _
75:00' _-J _.�_.
(�' �5.C0 1C
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` 65.00' t /x,5.0^• � 1 I
i .. • --.---� 1 --.- �.
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=5.00'151 N89'-32=18�'w 93 00' 11b'FLJ N 85° 32=Is"w x58.69' 1'�
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. . . • :....,•-;,--!•,.•.. •' . —--if..=. .7—. •LA ' v 'AGE M
111RVE TABLE
Z 1 & fl 3 R= 15,00' A= 23.56' CH= 21,21' '
A = 90° CH= N 45'-27'-42" E : N EXHIBIT "A"
2 & f� 4 - '15.00' A= 23.56',56' CH= 2 -°�' il, ; )PAGE A-9 -
�- yh'
rt.; r! ry1!•-79'-1R" b) o .,,._,
September 2, 19:
�1� c�.Er 1 .
Mll oI SALI.A"9.0IVTt e"^•� , �� !,t{r�118 ... ....
. — O.R.881 PG 1293
• know fill men by Mat presents Thal LANDMARK ASSOCIATES, a Flori ra
General Partnership,
• of the City of Naples ,in the County of Collier -
a __ and State of of the first part,for and in consideration of the sum`s ••
Onc Dollar ($1.00) � ;
lawful money of the United States,to it paid by the BOARLD OF COUNTY party oM the SSI ONER•,
of Collier County, Naples, Florida, anted,bargained,sold,transferred and delivered,
part,the receipt whereof is hereby acknowledged.have 9r
• and by these presents&es grant,bargain,sell,transfer and deliver unto the said party of the second
part its executors,administrators and assigns,the following
goods and chattels
,-teearglillrom.
• To aim the water lis, .. in LANDMARK .,J..f.ES, excepting %I._ ° ' •
._ •
fire hydrants and fire hydrant leads located in Collier
County, Florida. Said water lines lying in and being
in the following described real property:
(See attached legal description attached hereto and
made a part hereof, marked as Exhibit "A".)
-
Cistt: .:.l:C.x
• ,C1.:1. '•`•'.9A
W 3 4 'D:9
Aim •
. To Have and to Mold the same unto the said party of the second part, its
executors,administrators and assigns forever. r
AND it does for itself and its heirs,executors • .� .
and administrators,covenant to and with the said part' of the second part, its executors,
administrators and assigns,that it is the lawful owner of the said goo ell the
chattels;that they are free from all encumbrances;that it h
same aforesaid,and that it will warrant and defend the sale of the said property,goods and
chattels hereby made,unto the said part y of the second part
its executors.
administrators and assigns against the lawful claims and demands of all persons whomsoever.
2n illitn4sytterrof, it ha s hereunto set its hand and
•
seal this cd day of July one thousand nine hundred and eighty.
•`
LANDMARK ASSOCIATES, a Florida
)Signed, sealed and delivered in presence of us General Partnership, by Landmark
,f/; Management Company, Inc. , a •
'� ` " • Managing General Partner
�C."t_,-.- r,; S
ttttt oftnriaa, B ,,y .% -�.,s7
. R y/p. Whisnand, President • -
emadu of COI*.IER V
31 lirrehg (Etrtifg that on this day personally appeared before ame,
Presidenul of Lando k
administer oaths and tel,..accnowledoements. Roy V. Whisnand,
Management Company, Inc., Managing General Partner of Landmark Assoc1at .
to me well known to be the person described in and who executed the foregoing NI of Sale,and
acknowledged before me that he executed the same freely and voluntarily for the purpose therein.expressed. •
WitntBB my hand and official seal at Naples July,"
Collier and State of Florida ,this �.,''� day of .':
County of T _t
AD. 19 80 J�-,,, L ` n.
com expires: Notary Public,State of F1o7Cir'Cia' (SEAL); '
•
My commission expires ,s
. . , . . •
.. . . .. .,
.. ,,,, . , • - ' ..
.
. . . . . ... . • . • - . . . .
. .
• _ , /
• . .. . • . O.R.881 PG 1.24 : . . ..
- . . ..
. . • / . . , .• . LEGAL DESCRIPTION SCPTION September 2, 1980 .
' .• • • . ----7) , .
•
- .
• - . . • . •
,• -.... .,
• . That portion of the South 1/2 of the Northwest ' •
•
1/4 lying East of State Roa(145 (Tamiami Trail) .
•
•
. LESS the South 881.8 Feet thereof, Section 15,
. ...---
• '
• . Township 48 South, Range 25 East, Collier County, '
• , . .Florida.
. . . - . .
• - ' . .
- • • • ' .
. . -. .
. . •
. . . .- .
, • • . . • AND : • . -
•7 '. — . .. . • • . • . • . ." . .
' .. . .
' • . t . , . . . . . . • .
. . •.!
An easement in part of SeCtion 15, Township 48 South, '. • • .
•
govaloutess . . • • I ' Range 25 East, •Collier.County, FlOrida -and being more •
' .
• ' particuiarly descrio - as•fdllows;
. .
' •
commencing at the Southwest .corner of the Northwest 1/4
. .
. . of Section 15, Township 48 Sbuth, Range 25 East, •Collier
.County,%Florida; • • .-
. . . ,
•, thence along the South line of the Northwest 1/4 of said
- • %Section 15, -South 89°-32,-18" East 34 .06 feet to the Easterly
•
' I.• :. Right-of-Way line of State Road 45 (Alt. U.S.41) ; .
. - thence Northeasterly along said Right-of-Way line 1867.47 feet
•
along the'arc of a non-tangential .circular curve concave to
• • • the Southeast having a radius of 5679.65 feet, and bt.ling
. • subtended by a chord which bears North 15°-20'-46" East •
• ' • 105907 feet to the POINT OF BEGINNING of the easement
herein described; .- . .
' thence continue along the Easterly Right-of-Way
- . line of State Rd.45(Alt.U.S.41) Northeasterly
'
-100.31 feet along the arc of a circular curve
.-Atilk.inel■ "" , : -----' . to 4 Southeast' nnd havinn a radius of .
.
• ,. . . . . 5673.65 feet and being subtnnuc, ,,y a chord v.;,...-..
• .:. bears -North 25°-16'-176 East 100. 31 feet;
.
. • • thence South 69.6-07'-591. East feet; •
.
i
• - - % . • thence South 20°-52'-01" West 178.05 feet to
4 .
• • . • a point of curv.tture;
. ,. '. . thence Southwesterly 257.25 feet along the arc • -
, .. . • . of a circular curve concave to the Southeast,
. .
• . . having a radius of 722.32 fcet and being subtended
• . • by a 'chord which bears South 10°-39'-51" West 255.09 feet;
. -
• • thence South• 0°-27'-42" West 4 .1G feet; .
' thence North 89°-321-17" West 60.00 feet;
. .
• thence North 0°-27'742" East 4 .16 feet to a
• .
. .
• . ' point of curvature;
. .
• • - • thence Northeasterly 278..61 feet along the arc of a
.
circular curve concave to the southeast having a radius
. .
• ' of 782.32 feet and being subtended by a Chord which
. • ' ' bears North 10°-39'-51" East: 277. 14 feet;
.. - thence North 20"-52'-01" East • 8.05 feet.; - .-
. ' thence North 69"--07'-59" Went 297.70 feet to the •
Point of Beginning of the easement herein described;
. .
. ,
' containing 1.295 acres of land more or less.
, - - - •
. .
• . . - • •
_ . .
. . '
. . •
. •
• NUARMUMMEMO: Leelility .
lite,,,we:A,I Vet Ititi
a 'me* TTPillg " N'thal nu■fA CO:'.1:-i.sLcc:o.:
, .. ..
, . WIL1 MIA J.Rt.'...•I t.CI EPIC
. i unsatisfactory in this doramost ay GLORA“OLLANO.O.C.
whs.
F
t
• BOOK 055 PACE119
. . t
. . r
. . . 1 -1 1 --1
, .• - I 1
) )J' $ September , •:1
- 055 P,
DO('O L.__A BOOK ��- I-11 / ill
IT(T- �_ /rarra►'lJ eed O.R.881 PG 12 5
THIS INDENTURE,Made this 3 day of July A.D. 19 80,
Between LANDMARK ASSOCIATES, a Florida General Partnership, }
• the Grantor
-.s._- And BOAT.D OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
the Grantee
whose post office address is: Collier County Courthouse .
Naples, FL 33942
Witnesseth,That the Grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER
VALUABLE CONSIDERATIONS in hand paid by the Grantee, receipt whereof is hereby acknowledged,
• hereby conveys to the Grantee the real property in Collier County, Florida,described as:
TO all the water lines in LANDMARK rcTATES,
" e" except the fire hydrants and fire hydrant
• leads located in Collier County, Florida.
Said water lines lying in and being in the
following described real property:
(See legal description attached hereto and •
. made a part hereof, marked as Exhibit "A".)
't1; •
- SAP 3 3 518O
AI
.. • f
.
And the said Grantor does covenant that the property is free of all encumbrances, that lawful seisin
of and good right to convey that property are vested in the Grantor,and that the Grantor hereby fully
• warrants the title to said land and will defend the some against the lawful claims of all persons whom-
soever. LANDMARK ASSOCIATES, by Landmark
Signed in the presence of: Management Company, Inc. , Managing .
44;17 General Partner
. ... 4/3. .21r� . /.�'I !� %l.''�'�"'i (sFeu '
� I i J •
' BYRoy V. Whisnand, President t
tl (SEAL)
(SEAL) '
STATE-OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to
administer oaths and take acknowledgments, ROY V. WHISNAND, as President of Landmark
Management Company, Inc. , Managing General Partner of LAKM.LK •
ASSOCIATES, °• "'�
to me well known to be the person described as Grantor and who executed the fdregoing•dti ;',ehcl
acknowledged before me that said person executed the same freely and voluntarily.•for, theiirp6ee .
therein expressed. - .• •
• WITNESS my hand and seal this day of July 1 . ,) D. 12) 8Q, .
- My Commission Expires:'. i/- ` �ji"•/' `��� ''�'^ ti+;.
Notary Public ' .'',,,(T`40-1'AVS.gAL) -
This instrument prepared by q.
•
' : * :
September 2, 1980 t.
a , t
O.R. 881 PG 1266 ,I
.1 • . .
• ••LEGAL DESCRIPTION { ` •
• .-----'--.__'.��.._._.-�. � � the Northwest That portion of the Scu�h 1/2 °f Tamiami Trail)
' • 1/4 lying East of State Road 45 ( Section ail
LESS the South 8h, Raneeet2thereof,Collier County, •
Township 48 South, g
Florida.
AND •
sCRa. •. -
- - 48 South,
• An easement in part of Section 15, Township
•
Range 25 East; Collier.County, Florida 'and being more {
• particularly described as•follows;
• Commencing at the Southwest .corner of the Northwest 1/4r
Township 48 South, Range
of Section 15, q r,f said
- County, Florida;
• - thence along the South line of the Northwest- 1
89°-32'-18" East .34.66 feet to the Easterly
Section 15, South State Road 45 (Alt_ U.S.41) ;
• tRight-of-Way
ence N-Y)th aste of _
• thence Nor theastealnon�tangentciall`c}irculatracurveeconcave7toeCt ' •
along the'arc h a radius of 5679-.65 feet, baste
the Southeast having 20
subtended by a chord which bears North L
1859:07 feet to lthe POINT OF BEGINNING of the easement •
.__.. herein - of-of •
thence continue along the ra ��
. line of State Rd.45(Alt.U.s.41) ciortheasterly •
loo. feet along the arc of J , ;,thus of ■
and having a
concave to the and ette:-'stubtended by a chord which
5579.65 feet and being
bears North 25-0-161-176
� 1
6 17'' East 100.31 feet;
thence South 69�-07'-59r. East. 350.00 feet;
thence South 20
°-52•_01" Hest 17II.05 Kent to ?:-_.,Y�_
a point of curvature; r -
thence Southwesterly 257.25 feet along the arc
. of a circular curve 'concave to the Southeast,
• by a radius of 722.37 feet and beincJ s,ebten5edtt9 feet;
- by a chord whioh2bca'?"South t 4 .16 � •
thence South; 0 °-32'-17" West 60.00 feet; j
thence North 89 4.16 feet to a
' thence North O°-27'-/i2" East
_ point of curvature; 278.61 feet along the arc of gluts• thence Northeasterly
• _ concave to the Sout-heast'havi Which Chord cfrc7lar curve
' °f " 782.32 feet and acing subtended by
bears North 10°-39'-51" East 277.14 feet;
thence North 20°-52•-01" Fast -18.05 feet
G9°_07•_59" Ne;t 297 .7,0 feet to the I
thence North of the c<Isement herein described;point of Beginning of
land more or less. -
containing 1j295 ac res _--
•• ._•.. __ R,ce.ded and VeAf4d
• ti 011t61 Rae.reff of
WtLl1AA11.R[AGAr1• ----
...'7(.11A MC)ll/— tc
asehlagtory is this dogmas
. vim received.
. 1--1 1_ .-.1 .
September 2, 1980
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
Commissioner Brown moved, seconded by Commissioner Archer and carried
unanimously, that the bills, having been processed following established
procedures with funds available, be approved for payment as witnessed
by foll .:;ng ch '''s issued from "7--t 27, 1980 t!^r---h cPptember 2, 1980:
ACCOUNT CHECK NO.
BCC Payroll 15159 - 15622
County Checks 11620 - 11785
General Fund 16
TAX ANTICIPATION NOTE ISSUE OF 1980 IN THE AMOUNT OF $500,000 FOR SEWER
SERVICE AREA B, SOUTH HALF (EAST NAPLES) - APPROVED FOR ChAIRMAN'S
SIGNATURE
Commissioner Archer moved, seconded by Commissioner Brown and unanimously
carried, that the $500,000 Tax Anticipation Note for Sewer Service Area B,
South Half (East Naples), Citizen's National Bank and Trust, one year at
6.49% interest, be approved for Lne Chairman's signatuic, vi ,sented by
the Fiscal Officer.
*
*
*
*
* * *
September 2, 1980
STATE OF FLORIDA
COUNTY OF COLLIER
TAX ANTICIPATION NOTE
ISSUE OF 1980
KNOW ALL MEN BY THESE PRESENTS, that the Board of County
Commissioners of Collier County, Florida, for $500,000.00 re-
ceived Septembei s, 1980, to pay to Le►t= :,carer, from t
proceeds of ad valorem taxes levied upon taxable property in
Collier County, Florida, the principal sum of Five Hundred
Thousand Dollars and No/100 ($500, 000.00) , payable on or before
September 2, 1981, with interest thereon at the rate of Six and
Forty-nine One Hundredths (6.4990) .
Both principal and interest in this Note are payable in
lawful money of the United States of America at the County
Courthouse, East Naples, Florida.
This Note is one autL. __..ed to be ins,.. ,tee the
cost of sewer improvements in the Countyunder the authority of
and subject to the terms of County Ordinance 79-103, and a
Resolution duly adopted by the Board of County Commissioners
of Collier County, Florida on the 12th day of August, 1980.
The Board covenants that it will cause to be levied upon
all taxable property within the County, without limitation of
amount, sufficient taxes to pay the principal and interest of
the Note as the same comes due.
It is hereby certified and noted that all acts, conditions
and things required to exist, to happen and to be performed
precedent to and in connection with the issuance of the note,
exist, have happened and have been performed in regular and
due course and form as required by the laws and constitution
of the State of Florida applicable thereto, and that the issuance
of this Note does not violate any constitutional or statutory
•
; ' 4
47AcE1.44 September 2, 1980
provisions or limitations.
IN WITNESS WHEREOF, the Board of County Commissioners of
Collier County, Florida, issues this Note and causes the same
to be signed by the manual signature of the Chairman and Clerk
thereof, and the seal of the Board to be affixed thereto this
2nd day of September, 1980.
ATTEST: BOARD OF COUNTY COMMISSIONERS
WILLIAM J. REAGAN COLLIER 'UNTY, FLORIDA 1
• Clerk of Circuit Court /
n �'` i j, kiai'C 2t / Ac. /, �/iL� 1cn�r n
. cc- i if ord Wenzel,
+ 'l . ..---
i;; r Approved as to form and legal
• '` '* suf ciency:
I. /✓r•:J//►/
Donald Pickworth
Collier County Attorney
1
: 1
1
X . .
September 2, 1980
•
CHAIRMAN WENZEL AND COMMISSIONER WIMER APPOINTED TO CANVASSING BOARD FOR 9/9/80
PRIMARY ELECTION
Commissioner Brown moved, seconJed by Commissioner Archer and carried 4/0
with Commissioner Pistor having left the meeting temporily, that Chairman Wenzel
• and Commissioner Wimer be appointed to serve on the Canvassing Board for the
September 9, 1980 Primary Election. •
ktguEST nT COUN i , MANAGER TO ATTEt. :';:,NUAL ICMA CONi-cd<LitJL, BEING ABSENT FROM
THE COUNTY FROM 9/26/80 THROUGH OCTOBER 12, 1980 - APPROVED
Commissioner Wimer moved, seconded by Commissioner Brown and unanimously
carried, that the request from County Manager Norman for approval to attend the
Annual ICMA Conference, as set forth in his memorandum to the Board dated August
27, 1980, be approved. It was noted that Mr. Norman will be absent from the
County from September 26, 1980 through October 12, 1980.
REQUEST BY STAFF FOR APPROVAL OF TEMPORARY HELP IN THE BCC OFFICE - APPROVED
Commissioner Archer moved, seconded by Commissioner Brown and unanimously
carried, that � uc t for - -'d approval ` 3f tempos"-
help in the BCC office for several days be approved, as set forth in the memo-
randum dated August 29, 1980 from Administrative Aide to the Board Mary Morgan.
MUTUAL TERMINATION OF EMPLOYMENT CONTRACT WITH DR. NENO J. SPAGNA, EFFECTIVE
SEPTEMBER 30, 1980 - APPROVED
As requested by Dr. Neno J. Spagna in his letter to the County Manager
dated August 29, .1980, Commissioner Archer moved, seconded by Commissioner Brown
and unanimously carried, that the mutual termination of Dr. Spagna's employment
contract with the County be approved, effective September 30, 1980.
t
r.
STAFF RECOMMENDATION THAT RECOVERY TIME PURSUANT TO HOSPITILIZATION OF DR JAY
HARMIC BE CONSIDERED TIME SERVED IN BEHALF OF COUNTY AND NOT CHARGED AS LEAVE
WITHOUT PAY - APPROVED
Administrative Aide to the Board Mary Morgan reviewed briefly the contents
of the memorandum dated August 27, 1980 from Community Development Administrator
'Terry Virta to County Manager Norman wherein it is recommended that the recovery
time of Dr. Jay Harmic, Environmental Consultant, pursuant to his hospitalization,
be considered as time served in behalf of. the County and, if possible, not be
charged as leave without pay. It was noted that the number of hours involved,
beyond remaining vacation time, totals 116 hours.
r
September 2, 1980
Commissioner Archer moved, seconded by Commissioner Brown and unanimously
. 1 , carried, that the recommendation be approved. •
Commissioner Wimer pointed out that if an individual is on a contract with
the County, he is not a County employee per se, and, in the event of illness, or
the like, his pay does not go on without special action on the part of the Board.
Mr. Norman concurred; however, pursuant to Commissioner Wimer's suggestion that
this matter should be clarified when the subject contract is considered for
renewal, Mr. Norman said that he would prefer to leave the contract the way it is
written, in this respect, to avoid any possible conflict with IRS rulings with
regard to the matter.
Later in the Session, Mr. Egon Hill , although stating he is in favor of
paying a "good man" sick leave, questioned whether or ',ot such payment would re-
quire an addition to his contract before payment could be approved. Chairman
Wenzel directed County Attorney Pickworth to research the matter and, if the
Board has taken the wrong action, such action can be rectified the following
week.
BOARD APPROVES REQUEST FOR TRAVEL OF DESIGNATED ENGINEERING DEPARTMENT EMPLOYEE
TO ATTEND FDOT COURSE ON "UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
AQUISITION POLICIES ACT OF 1970" BEING HELD IN FT. LAUDERDALE 9/15/80 THROUGH
9/26/80
Administrative Aide to the Board Mary Morgan explained briefly the memo-
randum dated August 28, 1980 from County Engineer Barksdale to County Manager
Norman requesting travel for Patricia M. Carroll , Planning and Design Engineer,
• to attend a ten-day course sponsored by the Florida Department of Transportation
in Fort Lauderdale on the "Uniform Relocation Assistance and Real Property
Aquisition Policies Act of 1970". Ms. Morgan said the request is being brought
•
to the Board's attention in accordance with Board policy regarding travel requests
in excess of $350 and, also pointed out that the Act is complex and the FDOT is
encouraging all counties to send a representative, tuition free.
Commissioner Wimer moved that the travel request, as detailed above, be
approved. The motion was seconded by Commissioner Archer and carried 4/1 with
Chairman Wenzel voting in opposition.
September 2, 1980
COUNTY MANAGER APPRISES BOARD OF HIS PLANS TO MEET WITH COLLIER COUNTY CIVIC
FEDERATION RE DOUBLE TAXATION ISSUE
County Manager C. William Norman informed the Board of his intention to meet
with the Collier County Civic Federation in the near future to explore the con-
cerns set forth in the letter dated August 29, 1980 from Elbert D. Tripp, Vice-
President of the aforementioned organization. He said that, hopefully, he can
help them to understand the various issues commented upon in the subject letter.
CHAIRMAN AUTHORIZED TO SIGN LETTER TO GOVERNOR AND CABINET OPPOSING PROPOSED RULE
ADOPTION-- 16D-PART III, F.R.C. , USE OF BOATER IMPROVEMENT FUNDS
Commissioner Archer moved, seconded by Commissioner Wimer and unanimously
carried, that the Chairman be authorized to sign a letter, to be drafted by the
County Manager, to the Governor and his Cabinet opposing the Proposed Rule Adoption
- 16D-Part III, F.A.C. re use of Boater Improvement Funds, as suggested by the Palm
Beach County Engineer in his letter dated August 21 , 1980. Mr. Norman said that
he has reviewed the material furnished with the letter and that he shares, in part,
the concerns expressed.
RESOLUTION GW 80-5 RE GOODLAND WATER DISTRICT AUTHORIZING THE ISSUANCE OF BONDS
FOR DISTRICT - ADOPTED
As recommended by County Attorney Pickworth, Commissioner Archer moved,
seconded by Commissioner Pistor and unanimously carried, that Resolution GW 80-5,
authorizing the issuance of bonds for the Goodland Water District, be adopted.
�.f
t
z
BOOK 055
September 2, 1980
•
• ,/7
4 e" ti RESOLUTION GW-80-5
RESOLUTION OF THE GOODLAND WATER DISTRICT
PROVIDING FOR THE ACQUISITION, CONSTRUCTION
AND ERECTION BY SAID DISTRICT OF A WATER
SYSTEM IN THE AREA OF THE DISTRICT WITHIN
COLLIER COUNTY, FLORIDA; AUTHORIZING THE
ISSUANCE BY THE DISTRICT OF NOT EXCEEDING
` 100,0^^ WATER REVENT'r rONDS, SER.IE:
$468 ,500 WATER REVENUE BONDS, SERIES B TO
FINANCE A PART OF THE COST THEREOF; PLEDGING
THE GROSS REVENUES OF SAID SYSTEM AND
ASSESSMENTS AGAINST SPECIALLY BENEFITED
PROPERTIES TO SECURE PAYMENT OF THE PRINCIPAL
OF AND INTEREST ON THE BONDS; AND PROVIDING
FOR THE RIGHTS OF THE HOLDERS OF THE BONDS.
BE IT RESOLVED BY THE GOVERNING BOARD OF THE GOODLAND
WATER DISTRICT, COLLIER COUNTY, FLORIDA, as follows:
ARTICLE I
GENERAL
1 .01 Definitions. When used in this Instrument , the
following ter-- have ' '-^ followin; ' ..ss the
text clearly otherwise requires:
"Annual Budget" shall mean the Annual Budget adopted by
the Issuer pursuant to Section 3 .04 ( A) of this Instrument .
"Assessments" shall mean the proceeds to be derived from
the assessments to be levied, in an aggregate amount not less
than $260,000 , against the lands and properties to be specially
benefited by the construction of the Project, including interest
on such assessments and any penalties thereon and money received
upon the foreclosure of the liens of any such assessments , but
excluding money recovered for the expense of collecting
Assessments.
"Board" shall mean the Board of County Commissioners of
the County and, ex officio, the governing body of the Issuer.
"Bonds" shall mean the Water Revenue Bonds, Series A and
Water Revenue Bonds, Series B of the Issuer authorized to be
issued pursuant to Section 2 .01 of this Instrument and shall be
deemed to include also any obligations issued hereafter by the
Issuer pursuant to the provisions of Section 3 .04 (I) of this
Instrument .
•
"Chairman" shall mean the Chairman of the Board .
•
September 2, 1980
r ..
.
•
"Clerk" shall mean the Clerk of the Circuit Court for
Collier County, ex officio Clerk of the Board of County
Commissioners of 'the County and ex officio Clerk of the Issuer.
"Construction Account" shall mean the account or • •
accounts created pursuant to Section 3 .03 of this Instrument for
the purpose of receiving bond proceeds and other funds to pay the
•
Cost of the Project.
"Cost ," when used in connection with the Project, shall
• mean all expenses necessary, appurtenant or incidental to the
acquisition and construction of the Project, including without
limitation the cost of any land or interest therein or of any
•
fixtures, equipment or personal property necessary or convenient
therefor, the cost of labor and materials to complete such
construction, engineering and legal expenses, fiscal expenses,
expenses for estimates of costs and of revenues, expenses for
plans, specifications and surveys, interest during construction
and administrative expenses related solely to the acquisition and
construction of the Project.
"County" shall mean Collier County, Florida .
"Fiscal Year" shall mean the period commencing on
October 1 of each year and continuing to and including the
succeeding _ September 30.
"Government" shall mean the United States of America,
acting through the Farmers Home Administration, U.S. Department
of Agriculture.
"Gross Revenues" shall mean all moneys received from
rates, fees, rentals or other charges or income received by the
Issuer or accruing to it in the management and operation of the
System, all calculated in accordance with accepted accounting
methods employed in the operation of public water systems similar
to the System. •
"Instrument" shall mean this resolution and all resolu-
tions amendatory hereof which may be hereafter duly adopted by
the Issuer.
"Issuer" shall mean the Goodland Water District created
by the Ordinance. •
"Net Revenues" shall mean Gross Revenues less Operating
Expenses.
"Operating Expenses" shall mean the current expenses,
paid or accrued, for the operation, maintenance and repair of all
facilities of the System, as calculated in accordance with such
• BOOT( 055 4,t.1
September 2 , 1980
accepted accounting methods, and shall include, without limiting
the generality of the foregoing , insurance premiums, administra-
tive expenses of the Issuer related solely to the System, labor,
cost of materials and supplies used for such operation and
charges for the accumulation of appropriate reserves for current
expenses not annually recurrent but which are such as may rea-
�onabiy be ex ecc ted to be i,.c.. red in accordance with such
accepted accounting methods; but shall exclude payments into the
Sinking Fund or the Reserve Account therein and any allowance for
depreciation or for renewals or replacements of capital assets of
the System.
"Operation and Maintenance Fund" shall mean the account
created pursuant to the provisions of Section 3 .04 (D) of this
Instrument for the purpose of receiving funds transferred from
the Revenue Fund for the purpose of paying Operating Expenses.
"Ordinance" shall mean Collier County Ordinance No.
75-5, as amended and superseded by Collier County Ordinance No.
80-43.
"Pledged Funds" shall mean the Gross Revenues and the
Assessments .
": . ,.. . shai ; in the water_ _ . constru:
by the Issuer pursuant to the authorization contained in this
Instrument in accordance with certain plans and specifications
now on file with the Clerk.
"Revenue Fund" sha'.t mean the account created pursuant
to the provisions of Section 3 .04 (B) of this Instrument , into
which all Gross Revenues shall be deposited by the Issuer.
"Sinking Fund" shall mean the account created pursuant
to Section 3 .04 ( C) of this Instrument , into which moneys shall be
transferred from the Revenue Fund for the payment of the prin-
cipal of and interest on the Bonds.
"Special Assessments Fund" shall mean the account
created pursuant to the provisions of Section 3 . 04 (E) of this
Instrument, into which all Assessments shall be deposited by the
Issuer.
"System" shall mean the complete water system to be
acquired, constructed and erected by the Issuer as the Project,
to be owned, operated and maintained by the Issuer, together with
any and all improvements , extensions and additions thereto
hereafter constructed or acquired.
1 .02 Authority for this Instrument . This Instrument is
adopted pursuant to the provisions of the Ordinance and other
1 applicable provisions of law.
September 2, 1980
4 �
�.
1 .03 Findings . It is hereby found and determined that:
(A) Pursuant to Section 125 .01(5 ) , Florida Statutes
( 1979 ) , the Board has the power to create special districts
within which special taxes may be levied and within which may be •
provided municipal services and facilities; and pursuant to such
power and Article VII , Section 1 of the Constitution of the State
' 1979 ) , granting
of : lori..� and ction 125 .6 cz ida ng St�,.�_ . . _
to the Board all powers of local self-government to perform 1
county functions and to render services in a manner not incon-
sistent with general or special law, such power to be exercised
by the enactment of county ordinances , the Board created and
established the Issuer by enactment of the Ordinance. By the
Ordinance the Board defined the. unincorporated area of the County
comprising the "area of the District" and established and
designated such area as a municipal service taxing and benefit
unit.
(B) The Issuer does not presently own or operate a
water system, and the Project is necessary for the continued pre-
servation of the health , welfare , convenience and safety of the
citizens and inhabitants of the area of the District .
(C) Pursuant to the Ordinance the Issuer has caused to
be made such surveys, investigations , studies, borings, maps,
plans, - of costs as it !deemed and does deem to be necessary to have prepared so that the
Board has available to it a comprehensive study and report
setting forth the type and estimate of costs of the System,
together with the location thereof, and of each integral part
thereof, by terminal points and routes , a description of the
System by its material , nature , character and size and an esti-
mate of the Cost of the Project. The Issuer has been advised by
its consulting engineers and it is hereby found and determined
that the estimated Cost of the Project is ;. 1 ,118 ,0p0whirh shall
be paid with the proceeds of the sale of the Bonds and a federal
grant in the amount of $ 614 ,900
(D) The revenues to be derived annually from the rates,
rentals, fees and other charges made and collected for the ser-
vices and facilities of the System are estimated to be $ 60 ,300 ,
and, together with the Assessments (estimated to be $260,000 plus
interest on the outstanding installments thereof) , will be suf-
ficient to pay, as the same shall become due and payable, the
principal of and interest on the Bonds and Operating Expenses ,
the aggregate annual amount of which is estimated to be $ 56 ,925 .
It is estimated that the period of . usefulness of the System will
exceed forty-one years .
;a.
September 2, 1980
•Doox OJO wag
(F ) A part of the cost of the construction of the
Project will be assessed against the lands to be specially bene-
fited by the Project , in the manner provided by law. Such
assessments and penalties thereon and money received upon the
foreclosure of the liens of any such assessments (except money
recovered for expenses) constitute the Assessments pledged
„ereuilder.
(G) It is deemed necessary and desirable to pledge the
Pledged Funds to the payment of the principal of and interest on
the Bonds. No part of the Pledged Funds have been pledged or
hypothecated except with respect to the Bonds.
(H) This Instrument is declared to be and shall consti-
tote a contract between the Issuer and all of the holders of the
Bonds; and the covenants and agreements herein set forth to be
performed by the Issuer are and shall be for the equal benefit,
• protection and security of all of the legal holders of any and
•
all of the Bonds, all of which shall be of equal rank and without
preference, priority or distinction of any of the Bonds over any
other, except as hereinafter provided.
( I) The .Issuer is not, under this Instrument, obligated
to levy any ad valorem taxes on any real or personal property
situated ar' ,f the Dist_ _. . princir-'
or interest on the Bonds or to pay Operating Expenses . The Bonds
shall not constitute a lien upon the System or any other property
of the Issuer or situated within the area of the District .
, 1 .04 Project Authorized. The Project is hereby
authorized.
ARTICLE II
• AUTHORIZATION, TERMS, EXECUTION AND
REGISTRATION OF REVENUE BONDS
• 2 .01 Authorization of Revenue Bonds . Subject and pur-
suant to the provisions of this Instrument , obligations of the
Issuer to be known as "Water Revenue Bonds, Series A" are hereby
authorized to be issued in an aggregate principal amount not
exceeding One Hundred Thousand Dollars ($100,000) and "Water
Revenue Bonds, Series B" are hereby authorized to be issued in an
aggregate principal amount not exceeding Four Hundred Sixty-eight
Thousand Five Hundred Dollars ($468 ,500) for the purpose of pro-
viding funds to pay a part of the Cost of the Project.
2 .02 Description of Bonds. The Series A Bonds shall be
dated as of September 1, 1979 or any date thereafter not later
than the date of their delivery; shall bear interest at a rate or
rates not exceeding the maximum rate permitted by law, payable on
•
•
' September 2, 1980
.
I, • f' 1S
September 1 , 1980 and annually thereafter on September 1 of each
year; and shall be issued as a single fully-registered Bond
payable in installments in the amounts and on September 1 of the
years as follows or as coupon Bonds registrable as to both prin-
cipal and interest , numbered consecutively from one upward in -
order of maturity, in the denomination of $1 ,000 each and
rturir^ on SP^*ember 1 in the years and am^lints as follows:
SERIES A
Years Amounts Years Amounts
1982 $1,000 2001 $2,000
1983 1,000 2002 3,000
1984 1,000 2003 3,000
1985 1 ,000 2004 3,000
1986 1,000 2005 3,000
1987 1 ,000 2006 3,000
1988 1,000 2007 3,000
1989 1,000 2008 3,000
1990 1,000 2009 3 ,000
1991 1 ,000 2010 4 ,00C
1992 1,000 2011 4 ,000
1993 2 ,000 2012 4 ,000
1994 2 ,000 2013 4 ,000
1995 2 ,0i,v 2ui' •, ,u00
1996 2 ,000 2015 5 ,000
1997 2,000 2016 5 ,000
1998 2 ,000 2017 5,000
1999 2 ,000 2018 6 ,000
2000 2 ,000 2019 6 ,000
The Series B Bonds shall be dated as of the date of
their delivery; shall bear interest at a rate or rates not
exceeding the maximum rate permitted by law, payable on September
1 , 1980 and annually thereafter on September 1 of each year; and
shall be issued as a single fully-registered Bond payable in
installments in the amounts and on September 1 of the years as
follows or as coupon Bonds registrable as to both principal and
interest, numbered consecutively from one upward in order of
maturity, in the denomination of $1 ,000 each (except Bond num-
' bered 1 which shall be in the denomination of $500 ) and maturing
on September 1 in the years and amounts as follows:
r
1.
J
r
•
BOOK 055 PACE 1 September 2, 1980
P .
t r „
SERIES B
Years Amounts Years Amount
i
1982 $ 1 ,500 2001 $ 5 ,000
1983 2 ,000 2002 265 ,000
:,;84 2, 000 2003 5,000
1985 2 ,000 2004 6 ,000
1986 3,000 2005 6 ,000
1987 2, 000 2006 6 ,000
1988 3 ,000 2007 7 ,000
1989 3,000 2008 7 ,000
1990 3 ,000 2009 7 ,000
1991 3 ,000 2010 7 ,000
1992 3 ,000 2011 8,000
1993 3,000 2012 8 ,000
1994 3,000 2013 9 ,000
1995 4 ,000 2014 9 ,000
1996 4 ,000 2015 10 ,000
1997 4 ,000 2016 10 ,000
1998 4 ,000 2017 10 ,000
1999 4 ,000 2018 12 ,000
2000 5 ,000 2019 13 ,000 }
Prove' L ,over . if the Bonds -"I ' he i '10d on
September 1, 1980 or thereafter, each of such i„S. Ull,nent or
maturity dates shall be deferred by one year for each year or
fraction of a year that the issuance of the Bonds shall be
deferred beyond August 31, 1980 , and all other dates herein shall
be deferred correspondingly .
2 .03 Places of Payment . The Bonds shall be payable as
to both principal and interest at such place or places as the
Issuer shall hereafter by resolution designate , in lawful money
of the United States of America; and shall bear interest from the i
date of issue, and in the case of coupon Bonds in accordance with
and upon surrender of the appurtenant interest coupons as they
severally mature, unless registered; provided , however, that
Bonds held by the Government shall be payable at "Finance Office ,
U.S. Department of Agriculture, Farmers Home Administration ,
1520 Market Street , St . Louis , Missouri 63103 ," or at such other
places as the Government shall from time to time in writing 3.
designate to the Issuer .
2 .04 Provisions for Redemption . In this section the
word "Bonds" shall be deemed to include the respective
installments of principal of the fully-registered single Bond
corresponding to the serially maturing coupon Bonds.
Bonds maturing on or before September 1, 1989 are not
subject to redemption prior to their respective stated dates of
s p
September 2, 1980
• •
• r .
maturity . Series B Bonds maturing September 1, 2002 shall be
redeemable in whole or in part, in inverse numerical order, on
any interest payment date, at par and accrued interest and
without premium, at the option of the Issuer. After all Series B
Bonds maturing September 1 , 2002 shall have been redeemed or
F-': 1.1 ►- -':e ber paid at mat ' or moneys -rich redemption or
payment shall have been irrevocably set aside for such purpose ,
•
Bonds other than Series B Bonds maturing September 1, 2002 which
shall mature September 1, 1990 and thereafter shall , at the
option of the Issuer, be redeemable in whole or in part, in
inverse numerical and maturity order, on September 1, 1989 or on
any interest payment date thereafter at par and accrued interest ,
plus the following premiums, expressed as percentages of the par
value of the Bonds so redeemed, if redeemed in the following
years:
5€ , if redeemed on September 1, 1989 or thereafter,
to and including September 1, 1991;
4% , if redeemed on September 1 , 1992 or thereafter,
to and including September 1, 1996;
3% , if redeemed on September 1, 1997 or thereafter,
d including Septem"- - 1 wnn•
2% , if redeemed on September 1, 2001 or thereafter,
to and including September 1 , 2004 ;
1% , if redeemed on September 1, 2005 or thereafter,
to and including September 1, 2008;
Without premium, if redeemed September 1, 2009 or
thereafter, but prior to maturity;
provided, however , that at least thirty (30) days prior to the
redemption date written notice of such redemption shall be given
to the paying agents for the Bonds and to each of the registered
owners at their respective addresses as they appear upon the
registration books of the Clerk and shall be published at least
once in a financial newspaper published in the City of New York,
New York. Bonds held by the Government may be redeemed by the
Issuer on any interest payment date prior to maturity at the
price of par and accrued interest, without premium.
2 .05 Execution of Bonds . The Bonds shall be executed
in the name of the Issuer with the manual or facsimile signature
of the Chairman and the corporate seal of the Issuer shall be
impressed or imprinted thereon, attested and countersigned with
the manual or facsimile signature of the Clerk, provided that the
signature of at least one of such officers shall be manually exe-
cuted thereon. In case any one or more of the officers who shall
WA ass AGE 71.10
September 2, 1980 '
.•
have signed or sealed any of the Bonds or whose facsimile signa-
ture shall appear thereon shall cease to be such officer of the
Issuer before the Bonds so signed and sealed have been actually
sold and delivered such Bonds may nevertheless be sold and deli-
vered as herein provided and may be issued as if the person who
signed or sealed such Bonds had not ceased to hold such office .
Bon.. ,nay Ligned and s.. Y. zi on behal.1 ;:.e Issuer by s�
person who at the actual time of the execution of such Bond shall
hold the proper office of the Issuer, although at the date of
such Bonds such person may not have held such office or may not
have been so authorized. The coupons attached to the Bonds shall
be authenticated with the facsimile signatures of any present or
future Chairman and Clerk. The Issuer may adopt and use for such
purposes the facsimile signatures of any such persons who shall
have held such offices at any time after the date of the adoption
of this Instrument , notwithstanding that either or both shall
have ceased to hold such office at the time the Bonds shall be
actually sold and delivered.
2 .06 Negotiability, Registration and Exchange . The
Bonds shall be and shall have all the qualities and incidents of
negotiable instruments under the law merchant and the Laws of the
State of Florida , and each successive holder, in accepting any of
the Bonds or the coupons appertaining thereto , shall be conclu-
sively deer:...' :.. .e aar - ,a that the ' . - -'- " ' -•.nd have a"
of said qualities and incidents of negotiable instruments .
The coupon Bonds may be registered , at the option of
• the holder, as to both principal and interest upon the books kept
for the registration and transfer of Bonds by the Clerk, as Bond
Registrar, and endorsed upon the Bonds by the Bond Registrar in
the space provided thereon . After such registration , no transfer
of the Bonds shall be valid unless made at the office of the Bond •
Registrar by the registered owner or by his duly authorized agent
or representative and similarly noted on the Bonds , but at the
expense of the holder the Bonds may be discharged from registra-
tion by being in like manner transferred to bearer , and thereupon
transferability by delivery shall he restored. At the option and
expense of the holder, the Bonds may thereafter again from time
to time be registered or transferred to bearer as before . The
• Bond Registrar shall not be required to make any such registra-
tion or transfer of Bonds during fifteen (15 ) days next preceding
an interest payment date on the Bonds, or in the case of any pro-
posed redemption of Bonds, after such Bonds have been selected
for redemption. The person in whose name any Bond shall be
registered shall be deemed and regarded as the absolute owner
thereof for all purposes , and payment of or on account of the
principal of any Bond and the interest on any Bond shall be made
only to or upon the order of the registered owner thereof or his
legal representative. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such Bond
_'x
September 2, 1980
1
.. , 4 •
including the interest thereon to the extent of the sum or sums
• so paid.
The single fully-registered Bond may be exchanged by the
owner and holder thereof at any time, not more than ninety days
after surrender of such Bond to the Bond Registrar, for an equal
. ..ygreydce pi. _.: :pal amount coupon Bonus .,,,,„ring in the yc..;::..
and amounts corresponding to the years and amounts of the unpaid
installments of principal of the single fully-registered Bond and
in the form prescribed for coupon Bonds in Section 2 .08 of this
Instrument; and if all of the coupon Bonds outstanding shall be
owned and held by a single bondholder such Bonds may, in like
manner, be exchanged at the expense of such bondholder at any
time, not more than ninety days after surrender of such Bonds to
the Bond Registrar, for a single fully-registered Bond in prin-
cipal amount equal to the aggregate principal amount of such
coupon Bonds surrendered, maturing in installments in the years
and amounts corresponding to the years and amounts of the maturi-
ties of such coupon Bonds so surrendered and in the form
prescribed for the single Bond in Section 2 .08 of this
Instrument.
2 .07 Bonds Mutilated, Destroyed , Stolen or Lost. In
case any Bond shall become mutilated, or be destroyed , stolen or
' lost, the .L....,..:, Aiay it ' - discretiL.. _ _ - .Liver a r.,--
Bond of like tenor as the Bond so mutilated , destroyed , stolen or
lost, in exchange and substitution for such mutilated Bond, upon
surrender and cancellation of such mutilated Bond, or in lieu of
and substitution for the Bond destroyed, stolen or lost, and upon •
the owner furnishing the Issuer satisfactory indemnity and
complying with such other reasonable regulations and conditions
as the Issuer may prescribe and paying such expenses as the
Issuer may incur. All Bonds so surrendered shall be cancelled by
the Clerk. If any such Bonds shall have natured or be about to
nature, instead of issuing a substitute Bond the Issuer may pay
the sane, upon being indemnified as aforesaid, and if such Bond
• be lost, stolen or destroyed, without surrender thereof.
Any such duplicate Bonds issued pursuant to this section
shall constitute original , additional contractual obligations on
the part of the Issuer whether or not the lost, stolen or
I destroyed Bonds be at any time found by anyone, and such dupli-
! cate Bonds shall be entitled to equal and proportionate benefits
. and rights as to lien on and source and security for payment from
the Pledged Funds to the same extent as all other Bonds issued
hereunder.
2.08 Form of Bonds. The text of the Bonds shall be in
substantially the following forms, with only such omissions,
insertions and variations as may be necessary and/or desirable
and approved by the Chairman or the Clerk prior to the issuance
t
i
BOOX 055.PACE 138 September 2, 1 980
. • • .
thereof (which necessity and/or desirability and approval shall
be presumed by such officer's execution of the Bonds and the
Issuer' s delivery of the Bonds to the Government or other
purchaser thereof) :
(FORM OF C7'-ON BOND)
No. $1,000
UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF COLLIER
GOODLAND WATER DISTRICT
WATER REVENUE BOND
SERIES
KNOW ALL MEN BY THESE PRESENTS, that Goodland Water
District, a public body, corporate and politic, of the State of
Florida (the "Issuer" ) , for value received, hereby promises to
pay to the bearer, or if this Bond be registered to the
registered holder as herein provided, on the first day of
September, 19 , from the special funds hereinafter mentioned,
the principal
ONE THOUSAND DOLLARS
- and to pay interest thereon, from the date of the delivery of
this Bond to the purchaser thereof, solely from said special
funds, at the rate of per centum ( % ) per annum,
payable on September 1 , 1980 and annually thereafter on the first
• day of September of each year upon the presentation and surrender
of the annexed coupons as they severally fall due , unless regis-
tered. Both principal of and interest on this Bond are payable
at
in lawful money of the United States of America .
This Bond is one of the Series Bonds of an
authorized issue of Water Revenue Bonds, Series A and B, in the
aggregate principal amount of $568 ,500, of like date, tenor and
effect, except as to date, series, number and date of maturity,
issued to finance a part of the cost of acquiring , erecting and
constructing a new water system for the Issuer (the "System" ) ,
under the authority of and in full compliance with the
Constitution and Statutes of the State of Florida, particularly
Collier County Ordinance No . 75-5, as amended and superseded by
Collier County Ordinance No. 80-43, and a resolution duly adopted
by the Issuer on , 1980, (the "Resolution" ) , and
is subject to all the terms and conditions of the Resolution.
This Bond and the interest ':hereon are payable solely
from and secured by a prior lien upon and a pledge of the gross
September 2, 1980
revenues to be derived from the operation of the System and the
Assessments (defined in the Resolution) , in the manner described
in the Resolution . It is expressly agreed by the holder of this .
Bond that the full faith and credit of the Issuer are not pledged _
to the payment of the principal of and interest on this Bond and
that such holder shall never have the right to require or compel
the of taxing pow. : : the Issuet ..ne payment of
such principal and interest or the cost of maintaining , repairing
and operating the System. This Bond and the obligation evidenced
hereby shall not constitute a lien upon the System or any part
thereof or upon any other property of the Issuer or situated
within the area of the District , but shall constitute a lien only
on the gross revenues derived from the operation of the System
and the Assessments .
In and by the Resolution, the Issuer has covenanted and
agreed with the holders of the Bonds of this issue that it will
fix, establish, revise from time to time whenever necessary,
maintain and collect always such fees , rates , rentals and other
charges for the use of the product, services and facilities of
the System, together with the Assessments, which will always pro-
. duce cash revenues sufficient to pay, and out of such funds pay,
as the same shall become due, the principal of and interest on
the Bonds, the necessary expenses of operating and maintaining
the System and ' _ _ rve , - -king Fund _ ..�-
required by the Resolution , and that such rates, rentals , fees
and other charges will not be reduced so as to be insufficient to
provide funds for such purposes .
As provided in the Resolution , this Bond and all of the
Bonds then outstanding are exchangeable at the expense of the
holder or registered owner hereof at any time, not less than
ninety days after surrender of this Bond and all of the Bonds
then outstanding to the Clerk hereinafter mentioned, as Bond
Registrar, for a single fully-registered Bond in the denomination
equal to the aggregate principal amount of this Bond plus all of
the Bonds then outstanding and in the form of such single Bond as
provided for in the Resolution.
The Bonds of this issue maturing on or before September
1 , 1989 are not subject to redemption prior to their respective
stated dates of maturity. Series B Bonds maturing September 1,
2002 shall be redeemable in whole or in part , in inverse numeri-
cal order, on any interest payment date , at par and accrued
interest and without premium, at the option of the Issuer. After
all Series B Bonds maturing September 1, 2002 shall have been
redeemed or shall have been paid at maturity or moneys for such
xhy redemption or payment shall have been irrevocably set aside for
such purpose, Bonds other than Series B Bonds maturing September
1 , 2002 which shall mature September 1, 1990 and thereafter
As shall , at the option of the Issuer, be redeemable in whole or in
-� -
BOOK OW PAGE 14V
September 2, 1980
r
part , in inverse numerical and maturity order, on September 1,
1989 or on any interest payment date thereafter at par and
accrued interest , plus the following premiums, expressed as per-
centages of the par value of the Bonds so redeemed, if redeemed
in the following years:
5% , if redeemed on September 1, 1989 or thereafter,
to and including September 1, 1991;
4% , if redeemed on September 1, 1992 or thereafter,
to and including September 1, 1996;
3% , if redeemed on September 1, 1997 or thereafter,
to and including September 1, 2000;
2% , if redeemed on September 1, 2001 or thereafter,
to and including September 1, 2004;
1% , if redeemed on September 1, 2005 or thereafter,
to and including September 1, 2008;
Without premium, if redeemed September 1, 2009 or
thereafter; but prior to maturity;
provided, however, that notice of such redemption shall be given
in the manner required by the Resolution .
It is hereby certified and recited that all acts, con-
ditions, and things required to exist , to happen and to he per-
formed precedent to and in the issuance of this Bond , exist, have
happened and have been performed, in regular and due form and
time as required by the Laws and Constitution of the State of
Florida applicable thereto, and that the issuance of this Bond,
and of the issue of Bonds of which this Bond is one , does not
violate any constitutional , statutory or charter limitations or
provisions .
This Bond and the coupons appertaining thereto are and
have all the qualities and incidents of negotiable instruments
under the law merchant and the Laws of the State of Florida.
This Bond may be registered as to both principal and
interest in accordance with the provisions endorsed hereon.
This Bond and the issue of which this Bond is one were
validated by Judgment of the Circuit Court for Collier County ,
rendered on , 19 .
IN WITNESS WHEREOF , Goodland Water District of Collier
County, Florida, has issued this Bond and has caused the same to
be signed by the Chairman of its governing board and attested and
•
September 2, 1980
•
• •
•
countersigned by the Clerk of the Circuit Court for Collier
County, ex officio Clerk of the Board of County Commissioners of
Collier County and Clerk of said board of the Issuer, either
manually or with their facsimile signatures, and its corporate,
seal or a facsimile thereof to be affixed, impressed, imprinted
or engraved hereon , and the interest coupons hereto attached to
executed w::.h the facsimile .ignatures of such officers , all
as of
GOODLAND WATER DISTRICT
By
Chairman
(SEAL)
ATTESTED AND COUNTERSIGNED
Clerk
•
(FORM OF COUPON)
No. $
On the 1st day of September, 19 , unless the Bond to
which this coupon is attached• is callable and shall have been
previously duly called for prior redemption and payment thereof
duly made or provided for, Goodland Water District of Collier
County, Florida, will pay to bearer at , Florida,
from the special funds described in the Bond to which this coupon
is attached, the amount shown hereon in lawful money of the
United States of America, upon presentation and surrender of this
coupon, being one year's interest then due on its Water Revenue
Bond, Series dated , 19 , No.
•
�;r
BOOX PACE14�
September 2, 1980
• .
GOODLAND WATER DISTRICT
By_ _
• ... i rman
(SEAL)
ATTESTED AND COUNTERSIGNED:
Clerk
(PROVISIONS FOR REGISTRATION ON COUPON BONDS)
PROVISIONS FOR REGISTRATION
This Bond may be registered as to both principal and
interest on books kept for such purpose by said Clerk . as Bond
Registrar, sm.', .�u �sccati;." _..ing noted ueLti,,. .., bond
Registrar in the registration blank below, the coupons being
surrendered and the interest being payable only to the registered
holder, remitted by mail , after which registration no transfer
. shall be valid unless made by the registered holder or his legal
representative and similarly noted by the Bond Registrar on said
books and in the registration blank below, but it may b:
discharged from registration by being transferred to bearer,
after which it shall he transferable by delivery, or it may again
be registered as before. Upon reconversion of this Bond into a
coupon Bond, coupons representing the interest to accrue upon the
Bond to date of maturity shall be attached hereto .
Date of Name and Address of Signature of
Registration Registered Owner Bond Registrar
1
September 2, 1980
r
(FORM OF SINGLE BOND)
$ $
UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF COLLIER
GOODLAND WATER DISTRICT
WATER REVENUE BOND
SERIES
KNOW ALL MEN BY THESE PRESENTS, that Goodland Water
District, a public body, corporate and politic, of the State of
Florida (the "Issuer" ) , for value received, hereby promises to
pay to the order of , from the special
funds hereinafter mentioned , the principal sum of
Dollars ($ ) on the first day of
September in the years and installments as follows:
Principal Principal
Year Amount Year Amount
•
•
1
and to pay interest , solely from said special funds, on the
balance of said principal sum from time to time remaining unpaid,
i from ("September 1, 1979 ," to be supplied in the Series A Bond,
and "the date of the delivery of this Bond to the purchaser
thereof," to be supplied in the Series B Bond) at the rate of
per centum ( % ) per annum, payable on September 1,
1980 and annually thereafter on the first day of September of
each year. Both principal of and interest on this Bond are
•
BOOR 055 PAGE 144 •
September 2, 1980
payable at
, in lawful money of the United States of America .
Payments of principal and interest, including prepayments of
installments of principal as hereinafter provided, shall be noted
by the owner and holder hereof on the Payment Record made a part
or `his 7i nd, ; .' written not : — or the maki,.; each such nota-
tion shall he promptly sent to the Issuer. Upon final payment of
principal and interest this Bond shall be surrendered to the
Issuer.
This Bond evidences the Series Bond of an authorized
issue of Water Revenue Bonds, Series A and B, in the aggregate
principal amount of $568,500, issued to finance apart of the
cost of acquiring , erecting and constructing a new water system
for the Issuer (the "System" ) , under the authority of and in full
compliance with the Constitution and Statutes of the State of
Florida, particularly Collier County Ordinance No. 75-5 , as
amended and superseded by Collier County Ordinance No. 80-43, and
a resolution duly adopted by the Issuer on , 1980 (the
"Resolution" ) , and is subject to all the terms and conditions of
the Resolution .
This Bond •and the interest thereon are payable solely
from and sec---"7 pric'- lien upon z- ' i„a,. ` the gross
revenues to be derived from the operation of the System and the
Assessments (defined in the Resolution) , in the manner described
in the Resolution. It is expressly agreed by the holder of this
Bond that the full faith and credit of the Issuer are not pledged
to the payment of the principal of and interest on this Bond and
that such holder shall never have the right to require or compel
the exercise of any taxing power of the Issuer to the payment of
such principal and interest or the cost of maintaining , repairing
and operating the System. This Bond and the obliyation evidenced
hereby shall not constitute a lien upon the System or any part
thereof or upon any other property of the Issuer or situated
within the area of the District , but shall constitute a lien only
on the gross revenues derived from the operation of the System
and the Assessments .
In and by the Resolution , the Issuer has covenanted and
agreed with the holder of this Bond that it will fix , establish,
revise from time to time whenever necessary, maintain and collect
always such fees, rates, rentals and other charges for the use of
the product , services and facilities of the System which,
together with the Assessments, will always produce cash revenues
sufficient to pay , and out of such funds pay, as the same shall
become due, the principal of and interest on this Bond, the
necessary expenses of operating and maintaining the System and
all reserve, Sinking Fund or other payments required by the
Resolution, and that such rates, rentals, fees and other charges
will not be reduced so as to be insufficient to provide funds for
Pi
such purposes .
September 2, 1980
As provided in the Resolution , this Bond is exchangeable
at the expense of the owner and holder hereof at any time, not
more than ninety days after surrender of this Bond to the Clerk . -
hereinafter mentioned, as Bond Registrar, for an equal aggregate
principal amount of coupon Bonds, payable to bearer, registrable
as to both principal and interest, in the denomination of $1,000
. _....h ,..�J mat _ ;.:.g in the a�.:�::..,.s and on SepLeg,uer 1 of the years
corresponding to the years and amounts of the unpaid installments
of principal of this Bond, and in the form of such coupon Bonds
as provided for in the Resolution.
The installments of principal payable upon this Bond on
or before September 1, 1989 are not subject to prepayment prior
to their respective dates of payment. The installment of prin-
cipal payable [on the Series B Bonds ( to be inserted in the
Series A Bond) ] on September 1, 2002, may be prepaid in whole or
in part, but only in multiples of $1,000, on any interest payment
date, at par and accrued interest and without premium, at the
option of the Issuer. After said installment payable September
1 , 2002 [on the Series B Bond (to be inserted in the Series A
Bond) ] shall have been paid in full, installments other than said
installment payable September 1, 2002 (on the Series B Bond (to
be inserted in the. Series A Bond) ] which shall be payable
September 1, 1990 and thereafter may, at the option of the
Issuer, be _:.,, in w} ' - or in pat—, .�ultiplc. _
$1,000, in inverse chronological order of said installments, on
September 1, 1989 or on any interest payment date thereafter at
par and accrued interest, plus the following premiums, expressed
as percentages of the principal amount of said installments so
prepaid, if prepaid in the following years :
5% , if paid on September 1, 1989 or thereafter,
to and including September 1, 1991;
4% , if paid on September 1, 1992 or thereafter,
to and including September 1, 1996;
3% , if paid on September 1, 1997 or thereafter,
to and including September 1, 2000;
2% , if paid on September 1, 2001 or thereafter,
1 to and including September 1, 2004 ;
1% , if paid on September 1, 2005 or thereafter,
to and including September 1, 2008;
Without premium, if paid September 1, 2009 or
thereafter, but prior to maturity;
provided, however, that notice of such re a ment shall be
in the manner required by the Resolution. p y Resolution.
40OK 065 PACE 1
September 2, 1980
. • .
•
It is hereby certified and recited that all acts, con-
ditions, and things required to exist, to happen and to be per-
formed precedent to and in the issuance of this Bond, exist, have
happened and have been performed, in regular and due form and
time as required by the Laws and Constitution of the State of
Florida annlica,?e thereto, and that the iss; -- of this Bond
does not violate any constitutional , statutory or charter limita-
tions or provisions .
This Bond is and has all the qualities and incidents of
a negotiable instrument under the law merchant and the Laws of
the State of Florida .
This Bond was validated by Judgment of the Circuit Court
for Collier County, rendered on , 19
IN WITNESS WHEREOF , Goodland Water District of Collier
County, Florida, has issued this Bond and has caused the same to .
be signed by the Chairman of its governing board and attested and
countersigned by the Clerk of the Circuit Court for Collier
County, ex officio Clerk of the Board of County Commissioners of
Collier County and Clerk of said board of the Issuer, and its
corporate seal or a facsimile thereof to be impressed hereon, and
for identifica* ;nn r-,-poses only has cau---4 off' r-PCs to sign
in the margins of page 2 hereof, all as of
GOODLAND WATER DISTRICT
By
Chairman
(SEAL)
ATTESTED AND COUNTERSIGNED:
Clerk
(FORM OF ASSIGNMENT)
ASSIGNMENT
For valuable consideration, the UNITED STATES OF
AMERICA, acting through the U.S. DEPARTMENT OF AGRICULTURE,
FARMERS HOME ADMINISTRATION, does hereby assign, transfer and
deliver to all of its right,
•
I
September 2, 1980
•
title and interest in and to this Bond and all rights belonging
or appertaining to the assignor under and by virtue of this Bond.
U.S. DEPARTMENT OF AGRICULTURE,
FARMERS HOME ADMINISTRATION
By
Title:
Witnesses:
0
BOOK 055 PACE 20
September 2, 1980
(FORM OF PAYMENT RECORD)
PAYMENT RECORD
Principal Signature of
! • Due Date Prii,..ipal Balance interest Date owner' s Authorizeui
(Sept. 1) Payment Due Payment Paid Official and Title
1982 I I
1983 I
1984 1
1985
1986
1987
1988 1
1989 I 1
1990
1991
1992
1993
1994
1995
1996
1997 1998 - 1 I
• 1999
2000
2001 I
2002 •
2003
2004 _ I
2005 I 1 I
2006 I I 1
2007 i I
2008 I
2009 I
2010 1
2011
2012
2013 I
2014 I I
2015 I 1
2016 I
2017 I
2018 I
2019 I I r
•
0
September 2, 1980
.°' PRINCIPAL INSTALLMENTS ON WHICH PAYMENTS HAVE
BEEN MADE PRIOR TO DUE DATE
• Principal Signature of
Principal Due Principal Balance Date Owner' s Authorized
Date Amount Prepaid Due Paid Official and Title -.
I I
1 1 1
1 1
1 1•
I . 1 1
1 1 1
ARTICLE III
• COVENANTS, SPECIAL FUNDS
AND APPLICATION THEREOF
3.01 Bonds. Not to Be Indebtedness of issuer. Neither
the Bonds nor the coupons attached thereto shall be or constitute
general obligations or indebtedness of the Issuer as "bonds"
within the meaning of Article VII , Section 12 of the Constitution
of Florida , but shall be payable solely from and secured by a
prior lien rpon and pledge of the Pledged Funds as herein pro-
vided. No owner or holder of any Bond or coupon appertaining
• thereto shall ever have the right to compel the exercise of any
ad valorem taxing power to pay such Bond or coupon or Operating
Expenses, or be entitled to payment of such Bond or coupon from
any moneys of the Issuer except from the Pledged Funds in the
manner provided herein .
3 .02 Security for Bonds . The payment of the principal
of and interest on the Bonds shall be secured forthwith equally
and ratably by a pledge of and prior lien upon the Pledged Funds.
The Issuer does hereby irrevocably pledge the Pledged Funds to
the payment of the principal of and interest on the Bonds and to
the payment into the Sinking Fund at the times provided of the
sums required to secure to the holders of the Bonds the payment
of the principal thereof and interest thereon at the respective
maturities of the Bonds and coupons so held by them.
3 .03 Application of Bond Proceeds . The Issuer er by
►,` covenants that it will establish with the First National/ 'ln ollier Col;:
• NT Ps , Florida, a separate account or accounts
Boor Ub5 PAGE 50
September 2, 1980
into which shall be deposited the proceeds from the sale of the
Bonds (except such portion thereof as shall be necessary to pay
interest on the Bonds during the construction of the Project,
which shall be deposited in the Sinking Fund) , grant funds and
the additional funds, if any, required to assure payment in full
of .:,e C mac. of Project . itdwals fro,.. Construction
Account shall be made only for such purposes as shall have been
previously specified in the Project Cost estimates and as shall
be approved by the Issuer's consulting engineers for the Project .
The Issuer' s share of any liquidated damages or other
moneys paid by defaulting contractors or their sureties, and all
proceeds of insurance compensating for damages to the Project
during the period of construction, shall be deposited in the
Construction Account to assure completion of the Project.
Moneys in the Construction Account shall be secured by
the depository bank in accordance with U.S. Treasury Department
Circular 176 and in the manner prescribed by the Laws of the
State of Florida relating to the securing of public funds. When
the moneys on deposit in the Construction Account exceed the
estimated disbursements on account of the Project for the next 90
days , the Issuer may direct the depository bank to invest such
excess funds - obi ' -4-ions of or '.� prin-
cipal of and interest on which are guaranteed by the United
States of America , which shall be subject to redemption at any
time at face value by the holder thereof. The earnings from any
such investment shall be deposited in the Construction Account.
When the construction of the Project has been completed
and all construction costs have been paid in full , all funds
remaining in the Construction Account , except grant funds, shall
be deposited in the Sinking Fund , and the Construction Account
shall be closed.
All moneys deposited in the Construction Account shall
be and constitute a trust fund created for the purposes stated,
and there is hereby created a lien upon such fund in favor of the
holders of the Bonds until the moneys thereof shall have been
applied in accordance with this Instrument .
3 .04 Covenants of the Issuer. So long as any of the
principal of or interest on any of the Bonds shall be outstanding
and unpaid, or until there shall have been set apart in the
Sinking Fund, including the Reserve Account therein, a sum suf-
ficient to pay, when due , the entire principal of the Bonds
remaining unpaid, together with interest accrued and to accrue
thereon, the Issuer covenants with the holders of any and all of
the Bonds as follows:
(A) Annual Budget of Operating Expens.s. The Issuer
' covenants and agrees that on or before the date of delivery of
September 2, 1980
•
the Bonds to the purchaser thereof, it will adopt a budget of
Operating Expenses for the remainder of the then current Fiscal
Year and thereafter on or before the first day of each Fiscal
Year during which any of the Bonds are outstanding , it will adopt
an Annual Budget of Operating Expenses for the ensuing Fiscal
Year, and will mail a copy of such Annual Budget or amendments
Lnereto to ai.r Lequesting The issuer covenants LhuL
the Operating Expenses incurred in any year will not exceed the
reasonable and necessary amounts required therefor, and that it
will not expend any amount or incur any obligations for the
operation, maintenance and repair of the System in excess of the
amount provided for Operating Expenses in the Annual Budget,
except upon resolution of the Board of County Commissioners
that such expenses are necessary to operate and maintain the
System.
(B) Revenue Fund. The Issuer covenants and agrees that
on or before the date of delivery of the Bonds to the purchaser
thereof, it will establish with a depository in the State of
Florida, which is a member of the Federal Deposit Insurance
Corporation and which is eligible under the Laws of the State of
Florida to receive county funds , and maintain so long as any of
the Bonds are outstanding , a special fund to he known as the
"Goodland Water District Water System Revenue Fund." Into the
Revenue Funu ..,,e issuer _.._11 deposit p_-,,., _":eived a! :
Gross Revenues . The Revenue Fund shall be held by the Issuer
separate and apart from all other funds and shall be expended and
used only in the manner and order specified in this subsection
(B) and in subsections (C) , (D) , and (E) of this section.
(C) Bond and Interest Sinking Fund . The Issuer cove-
nants and agrees to establish with a depository in the State of
Florida , which is a member of the Federal Deposit Insurance
Corporation, and which is eligible under the Laws of the State of
Florida to receive county funds a special fund or funds, collec-
tively called the "Goodland Water District Revenue Bonds Bond and
Interest Sinking Fund," to be used exclusively for the purposes
hereinafter mentioned . After delivery of the Bonds to the
purchaser thereof, the Issuer shall transfer on or before the
15th day of each month from the Revenue Fund and deposit to the
1 credit of the Sinking Fund the following amounts:
( 1) A sum equal to 1/12 of the amount of one year's
interest on all the Bonds then outstanding , together with the
amount of any deficiency in prior deposits for interest; and
( 2) Beginning on September 15 , 1961 , a sum equal to
1/12 of the principal of the Bonds maturing on the next suc-
ceeding anniversary date, together with the amount of any defi-
ciency in prior deposits for principal .
BOOK 055 NUM;
eptember 2, 1980
•
•
( 3 ) After fulfillment of the requirements of paragraphs
(C) ( 1) and (2) , the Issuer shall transfer on or before the 15th
day of each month from the Revenue Fund and deposit to the credit
of a Reserve Account in the Sinking Fund the sum of Two Hundred _
Eighty Dollars ($280 ) until such time as the funds and invest-
^��nts +41ereir shall equal Thirty-three Thnnsand Seven Hundred
Dollars ($33, 100 ) , plus the amount of any deficiency in prior
deposits to the Reserve Account , and monthly thereafter such
amount as may be necessary to maintain in the Reserve Account the
sum of Thirty-three Thousand Seven Hundred Dollars ($33,700) but
not exceeding monthly the amount of Two Hundred Eighty Dollars
($280) plus the amount of any deficiency in prior deposits to the
Reserve Account . Moneys in the Reserve Account shall be used
only for ( 1) paying the cost of repairing or replacing any damage
to the System which shall be caused by an unforeseen catastrophe,
• (2) constructing improvements or extentions to the System which
shall increase its Net Revenues and which shall be approved by
said consulting engineers, if the Issuer shall not then be in
default under any of the provisions of this Instrument , and (3 )
paying the principal of and interest on the Bonds in the event
that the other moneys in the Sinking Fund shall ever be insuf-
ficient to meet such payments.
( t)1 nne' tion and Maintenance Fund . The Issuer cove-
nants and agrees to esLaviish with a mane Stag
Florida , which is a member of the Federal Deposit Insurance
Corporation, and which is eligible under the Laws of the State of
Florida to receive county funds, a special fund to be known as
the "Goodland Water District Water System Operation and
Maintenance Fund, " which shall be used exclusively for the pur-
pose of receiving funds to be transferred monthly by the Issuer
from the Revenue Fund, and for paying , as they accrue, Operating
Expenses pursuant to the Annual Budget . After delivery of the
Bonds to the purchaser thereof, and after having made the depos-
its to the Sinking Fund as provided in subsection (C) above, the
Issuer shall transfer on or before the fifteenth day of each
month from the Revenue Fund and deposit to the credit of the
Operation and Maintenance Fund a sum sufficient to pay Operating
Expenses for the current month, all in accordance with the Annual
•
Budget . Any balance remaining in the Operation and Maintenance
Fund at the end of each Fiscal Year and not required to pay costs
incurred during such Fiscal Year shall be deposited promptly into
the Revenue Fund.
(E) Special Assessments Fund. The Issuer covenants and
agrees to establish with a depository in the State of Florida,
which is a member of the Federal Deposit Insurance Corporation,
and which is eligible under the Laws of the State of Florida to
receive county funds, a special fund to be known as the "Goodland
Water District Water System Special Assessments Fund," which shall
be used exclusively for the purpose of receiving , as soon as the
p-n
J
• September 2, 1980
•
{
• • •
same are collected by the Issuer, all of the Assessments . Such
portion of the Assessments as shall represent interest shall be
forthwith withdrawn from the Assessments Fund and deposited to
the credit of the Sinking Fund and applied to the payment of .
interest next maturing on the Bonds and to a corresponding red'uc-
tion in the current amounts required to be deposited fror�i the
Revenue Fund into the Sinking Fnnd nursuant to rbc provisions of
paragr pn (L) ( 1) a w ie. The Issuer shall be mandatorily obli-
gated to use the balance of the moneys at any time remaining on
deposit in the Assessments Fund, to the extent possible, to
purchase Bonds maturing September 1, 2002 at the best prices
obtainable, but at prices not greater than par and accrued
interest, or to redeem such Bonds maturing September 1, 2002
prior to maturity on the next ensuing interest payment date in
the manner provided herein, or to pay the same upon the maturity
thereof if the next interest payment date shall be September 1,
2002; provided, however, if on any September 1 prior to September
1 , 2002 moneys on deposit in the Sinking Fund, including the
Reserve Account therein, shall be insufficient to pay the prin-
cipal of any Bonds maturing on such date, the Issuer shall not be
required to apply funds on deposit in the Assessments Fund to the
purchase or redemption prior to maturity of Bonds maturing on
September 1, 2002 to the extent that the Issuer shall use moneys
in the Assessments Fund for the payment of such Bonds then
maturing , and the Issuer shall `De required to use such funds on
deposit in the Assc�sinents Fu.... ..Jr the payment principal
of any Bonds maturing prior to September 1, 2002 whenever the
moneys on deposit to the credit of the Sinking Fund shall be
insufficient for such purpose . Whenever moneys in the
Assessments Fund shall have been applied to pay the principal of
any Bonds maturing prior to September 1, 2002, the monthly depo-
sits required by paragraph (D) (2) above for all months remaining
prior to September 1 , 2002 shall be increased by such amount as
shall be necessary to restore to the Assessments Fund by
September 1, 2002 the amount which shall have been withdrawn
therefrom for the payment of the principal of the Bonds maturing
prior to September 1, 2002 . Whenever all Bonds maturing
September 1, 2002 shall have been retired, all moneys remaining
on deposit to the credit of the Assessments Fund and all
Assessments which may subsequently be deposited therein shall be
promptly withdrawn from the Assessments Fund and deposited to the
credit of the Reserve Account.
The Issuer covenants that it will forthwith, whenever it
shall first be timely, adopt all resolutions and ordinances, hold
all hearings and perform all acts which are conditions precedent
to and are necessary for the lawful levy and collection of the
Assessments, in an amount aggregating not less than $260,000 plus
applicable interest and penalties thereon, against all lands and
properties specially benefited by the construction of the
Project . If any Assessment made with respect to the Project
I
BOOT( PACE 1.54"
September 2, 1980
shall be either in whole or in part annulled, vacated or set
aside by the judgment of any court, or if the Issuer shall be
satisfied that any such Assessment is so irregular or defective
that the same cannot be enforced or collected, or if the Issuer
shall have omitted to make any such Assessment when it might have .
done so, the Issuer covenants that it will take all necessary
steps to cause a new Assessmeuli ;.o be made for the whole or any
part of any improvement or against any property benefited by any
improvement of the Project , following as nearly as may be the
provisions of Chapter 170 , Florida Statutes, and in any case any
such second Assessment , or an initial Assessment for one that
shall have been omitted , shall be either in whole or in part
annulled, vacated or set aside or be unenforceable or uncollect-
able by reason of defect or irregularity the Issuer shall obtain
and make other Assessments until a valid Assessment shall be
made.
(F ) Deficiency or Excess Funds. Subject to the provi-
sions for the disposition of Gross Revenues in subsections (C)
and (D) , which arc cumulative, the Issuer shall , on or before the
15th day of each month, transfer to the Reserve Account in the
Sinking Fund the balance of moneys remaining in the Revenue Fund
until the funds and investments in the Reserve Account equal the
amount of Thirty-three Thousand Seven Hundred Dollars ( $33 ,700 ) ,
and thereafteL lever and investAiiL .,._. ,reserve
Account equal Thirty-three Thousand Seven Hundred Dollars
($33 ,700) the Issuer may use the surplus funds in the Revenue
Fund for the purchase or redemption of Bonds or for any other
lawful purpose.
(G) Trust Funds . The funds and accounts created and
established by this Instrument shall constitute trust funds for
the purpose provided herein for such funds. All of such funds,
except as hereinafter provided , shall be continuously secured in
the same manner as county deposits of funds are required to be
secured by the Laws of the State of Florida . Moneys on deposit
to the credit of the Reserve Account shall be invested by the
depository bank, upon request by the Issuer , in direct obliga-
tions of, or obligations the principal of and interest on which
are guaranteed by, the United StaLes of America and which shall
be subject to redemption at face value at anytime by the holder
thereof at the option of such holder; and the moneys on deposit
to the credit of the Sinking Fund and the Assessments Fund may be
so invested in such obligations which shall mature not later than
fifteen (15) days prior to the date on which such moneys shall be
needed to pay the principal of and interest on the Bonds in the
manner herein provided , but moneys on deposit to the credit of
the Revenue Fund and the Operation and Maintenance Fund shall be
not invested at any time. The securities so purchased as an
investment of funds shall be deemed at all times to be a part of
the account from which such funds were withdrawn, and any loss
•; September 2, 1980
. . . .
•
resulting from such investment shall be charged to said account
and any interest accruing on such investment or any other profit
realized therefrom shall be deposited to the Reserve Account
until there shall be on deposit to the credit of the Reserve
Account the maximum amount required by this Instrument, after
which s"r!h int^rest or profit cha11 be depn-- : '--1 in the Revenue
Fund.
(H) Rates and Charges. The Issuer covenants and agrees
that it will fix, establish, revise from time to time whenever
necessary and maintain always, so long as any of the Bonds are
outstanding, such schedule of rates, fees, rentals and charges
for the services and facilities of the System which will produce
revenues which, together with the Assessments, shall be suf-
ficient to provide for current debt service and reserve require-
. ments for the Bonds and pay Operating Expenses and that such
rates, fees, rentals or other charges will not be reduced so as
to be insufficient to provide funds for such purposes; and the
Issuer covenants and agrees that so long as any of the Bonds are
outstanding and unpaid, at the same time and in like manner that
the Issuer prepares its Annual Budget of Operating Expenses, the
Issuer shall annually prepare an estimate of Gross Revenues for
the ensuing Fiscal 'Year, and to the extent that Gross Revenues
are insufficient re' nay snrh debt servir-^ ��nI11YPm� - s- during
such ensuing year, build up and maintain the required reserves
for all such obligations and pay Operating Expenses, the issuer
shall revise the fees and rates charged for the use of the ser-
vices and facilities of the System sufficiently to provide the
funds required.
( I ) Issuance of Other Obligations.
( 1) The Issuer covenants and agrees that in the event
the cost of construction or completion of the Project shall
exceed the dollar amount of Bonds herein authorized, it shall
deposit into the Construction Account the amount of such excess
out of funds available to it for such purpose, and the Issuer may
provide such excess , and only such excess, through the issuance
of parity Bonds conforming to the requirements of paragraph (3 )
of this subsection; but except to complete the Project, it will
not issue any other obligations payable from or secured by the
Pledged Funds or any part thereof, unless the conditions
hereinafter set forth shall be met, or unless the lien of such
obligations is junior and subordinate in all respects to the lien
of the Bonds.
(2) The Issuer shall have the right to finance addi-
tional water facilities and related auxiliary facilities, by the
issuance of one or more additional series of bonds to be secured
by a parity lien on and ratably payable from the Gross Revenues
and any other security pledged to the Bonds, provided in each
instance that:
BOOK 055 PACE
September 2, 1980
, .
•
(a) The facility or facilities to be acquired or built
from the proceeds of the additional parity bonds is or are made a
part of the System and its or their revenues are pledged as addi-
tional security for the additional parity bonds and the
outstanding Bonds .
•
(b) The Issuer is in compliance with all covenants and
undertakings of the Issuer (i) herein contained, in connection
with all Bonds then outstanding and ( ii) made with respect to any
other bonds or other obligations of the Issuer payable from the
Gross Revenues or any part thereof and has not been in default as
• to any payments required to be made under this Instrument for a
period of at least the next preceding 24 months, or if at such
time the Bonds shall not have been outstanding for 24 months then
for the period that the Bonds shall have been outstanding .
. •
(c) The annual Net Revenues for the Fiscal Year next
preceding the issuance of additional parity bonds are certified
• by an independent certified public accountant not regularly
employed by the Issuer, to have been equal to at least one and
twenty-hundredths ( 1.20 ) times the average annual requirements
for the payment of the principal of and interest on all Bonds
then outstanding (except the Bonds maturing September 1, 2002
which will k - with ',Gsessments
issues which will be paid with Assessments) . ends of
(d) The estimated average annual net revenues of the
facility or facilities to be constructed and acquired with the
proceeds of such additional bonds (and any other funds pledged
and set aside for ouch purpose) , when added to the estimated
future average annual Net Revenues of the then existing System
shall be at least one and twenty-hundredths ( 1.20) times the
average annual debt service requirements for principal and
interest on all outstanding Bonds (except the Bonds maturing
September 1, 2002 which will be paid with Assessments and any
other bonds of parity issues which will be paid with Assessments)
and on the additional bonds proposed to be issued. Estimates of
future revenues and Operating Expenses shall be furnished by
recognized independent consulting engineers and approved
Board of County Commissioners of the Issuer and by the Chairman
thereof, and shall be forecast over a period of not exceeding ten
years from the date of the additional bonds proposed to be
issued. Provided, however, the conditions provided by this
paragraph and by the next preceding paragraph (c) may be waived
or modified by the written consent ' of the holders of seventy-five
per centum (75% ) of the Bonds then outstanding .
(3) The Issuer hereby covenants and agrees that in the
event additional series of parity bonds are issued, it will pro-
vide that said parity bonds shall mature according to a schedule
which most closely approximates equal annual installments of com-
September 2, 1980
4 • •
bined principal and interest payments for such parity bonds and
all other Bonds payable from the revenues of the System; it will
adjust the required deposits into and the maximum amount to be
maintained in the Sinking Fund, including the Reserve Account
therein, on the same basis as hereinabove prescribed, to reflect
the average annual debt service on the additional bonds; and it
will make such aaaitional bonds payable as to principal on
September 1 of each year in which principal falls due and coupons
attached thereto payable on September 1 of each year. If in any
subsequently issued series of bonds secured by a parity lien on
the revenues of the System it is provided that excess revenues
shall be used to redeem bonds in advance of scheduled maturity,
or if the Issuer at its option undertakes to redeem outstanding
bonds in advance of scheduled maturity, the Issuer covenants that
calls of bonds will be applied to each series of bonds on an
equal pro rata basis ( reflecting the proportion Lhat the amount
originally issued of each series bears to the amount originally
issued of each of the other series) to the extent that this may
be accomplished in accordance with the call provisions of the
respective bond series , but the Issuer shall have the right to
call any or all outstanding bonds which may be called at par
prior to calling any bonds that are callable at a premium.
(a) Disposal of Facilities . The Tiler covenants and
agrees that , so long as any the Bonds are ouL„w„uing , it will
• maintain its corporate identity and existence and will not sell
or otherwise dispose of any of the System facilities or any part
thereof, and, except as provided for above, it will not create or
permit to be created any charge or lien on the revenues thereof '
ranking equal or prior to the charge or lien of the Bonds .
Notwithstanding the foregoing , the Issuer may at any time per-
manently abandon use of , or sell at fair market value, .Any of its
System facilities , provided that:
( a) It is in compliance with all covenants and under-
takings in connection with all of its Bonds then outstanding , and
the debt service reserve for such Bonds has been fully
established;
( b) It will , in the event of sale, apply the proceeds
to either ( 1) redemption of outstanding Bonds in accordance with
the provisions governing repayment of Bonds in advance of
maturity, or (2 ) replacement of the facility so disposed of by
if
another facility the revenues of which shall be incorporated into
the System as hereinbefore provided;
( c) It is certified, prior to any abandonment of use ,
that the facility to be abandoned is no longer economically
feasible of producing net revenues; and
`R: (d) It is certified that the estimated Net Revenues of
the remaining System facilities for the next succeeding Fiscal
BOCK dpAcEamber 2, 1980
•
•
. , . . •
Year, plus the estimated net revenues of the facility, if any, to
be added to the System, satisfy the earnings test hereinbefore
provided in this subsection governing issuance of additional
parity bonds.
(K) Tnsurance on P„s*-n, While of the Bonds shall
remain outstanding , the Issuer shall carry at least the following
insurance coverage:
( 1) Fire and extended coverage on the insurable por-
tions of the System, in amounts sufficient to provide for not
less than full recovery whenever a loss from perils insured
against does not exceed eighty per centum (80% ) of the full
• insurable value of the damaged facility; and flood damage
insurance shall be carried to the full insurable value , as recom-
mended by consulting engineers, of all property of the System
which may be subject to flood damage and shall be situated in
flood plain area .
( 2) Public liability insurance relating to the opera-
tion of the System, with limits of not less than $100,000 for one
person and $300,000 for more than one person involved in one
accident , to protect the Issuer from claims for bodily injury
and/or death a^A r'^*_ less than $10 ,000 for- claims for damage to
property of others which may arise from the s operation c,_
the System. -
(3) If the Issuer owns or operates a vehicle in the
operation of the System, vehicular public liability insurance
with limits of not less than $100 ,000 for one person and $300 ,000
for more than one person involved in one accident to protect the
Issuer from claims for bodily injury and death , and not less than
$10 ,000 against claims for damage to property of others which may
arise from the Issuer' s operation of vehicles .
All such insurance shall be carried for the benefit of
the holders of the Bonds . All moneys received by the Issuer by
reason of insurance coverage , except liability coverage, shall be
deposited to the credit of the Reserve Account and are hereby
pled:Jed by the Issuer as security for the Bonds , until and unless
such proceeds are used to rememdy the loss or damage for which
such proceeds are received , either by repairing the property
damaged or replacing the property destroyed within ninety (90 )
days from the receipt of such proceeds .
( L) Maintenance of System. The Issuer will complete
the construction of the Project in an economical and efficient
manner with all practicable dispatch, and thereafter will main-
, tain the System in good condition and continuously operate the
same in an efficient manner at a reasonable cost .
•
eptember 2, 1980
•
•
(M) No Free Services. The Issuer will not render or
cause to be rendered any free services of any nature by its
System, nor will any preferential rates be established for users . '
of the same class; and if the Issuer shall avail itself of the
facilities or services provided by the System, or any part
then same rates, ` _es or charges *p licable to °tile'.
customers receiving like service under similar circumstances
shall be charged to the Issuer. Such charges shall be paid as
they accrue, and the Issuer shall transfer from its general funds
sufficient sums to pay such charges . The revenues so received
shall be deemed to be revenues derived from the operation of the
System, and shall be deposited and accounted for in the same
manner as other revenues derived from such operation of the
System.
(N) Failure of User to Pay for Services. Upon failure
of any user of any product, services or facilities of the System
to pay for the same within sixty (60) days after the Issuer shall
have billed such user therefor, the Issuer shall shut off the
connection of such user and shall not furnish him or permit him
to receive from the System further service until all obligations
owed by him to the Issuer on account of services , including
disconnection and reconnection charges , shall have been paid in
full . This shat " -nt, however , r... ._ issuer
causing any System connection to be shut off sooner.
(0) Enforcement of Collections. The Issuer will dili-
gently enforce and collect the rates , fees, rentals and other
charges for the services and facilities of the System; and will
take all steps, actions and proceedings for the enforcement and
collection of such rates, fees, rentals and other charges as
shall become delinquent to the full extent permitted or
authorized by law; and will maintain accurate records with
respect thereto. All such fees, rates, rentals, charges and
revenues herein pledged shall, as collected, be held in trust to
be applied as provided in this Instrument and not otherwise.
The Issuer will collect and enforce the payment of all
Assessments and of all of the installments thereof, in the manner
j prescribed by this Instrument and the Laws of Florida thereunto
appertaining. If the owner of any lot or parcel of land assessed
shall be delinquent in the payment of any Assessment, install-
;; ment, interest due thereon or penalty thereon for a period of
sixty (60) days, then the Issuer shall declare the entire unpaid
balance of the Assessment to be in default and such owner shall
be liable for such balance and the costs of its collection,
including reasonable attorneys' fees, and the Issuer, advancing
such costs, shall cause the lien of the Assessment against such
delinquent lot or parcel to be foreclosed in the manner now or
hereafter provided by law for the foreclosure of mortgages on
real estate, or as otherwise provided by law. If said foreclo-
-
•
BOOK' 0815 PAGE 100September 2, 1980
•
•
sure be not promptly filed and prosecuted, then any bondholder
may file and prosecute said foreclosure action in the name of the
Issuer for the benefit of all outstanding and unpaid Bonds and
interest thereon . All Assessments collected as a result of such -
foreclosure, whether conducted by the Issuer or any bondholder,
shall bP depor-ited in the Ar-so^ nt Fund -1'S
manner hereinabove provided. The Issuer further covenants,,
-its expense, to furnish to any bondholder requesting the�same,
sixty (60) days after the due date of each annual installment, a
list of all • delinquent installments, together with an annual
audit of the Assessments Fund by a certified public accountant
not regularly employed by the Issuer or by an auditing official
of the State of Florida. If any property shall be offered at
public sale for the nonpayment of the Assessment against it and
no person or persons shall purchase the same for an amount equal
to the full amount due for the Assessment (principal, interest ,
penalties and the costs and expenses of collection) , the said
property shall then be purchased in the name of the Issuer for an
amount equal to the balance due on the Assessment, and the Issuer
shall receive title to said property for the benefits c` the
bondholders . The Issuer covenants to use its best efforts to
sell, lease or rent said property, for the highest return
obtainable, and to• deposit all of the net proceeds of any such
sale, lease or ren*mil into the Assessmc^+-•- Funr1 , "-.i-
ro less than
thirty (30) days prior to any proposed sale or any lot or tract
of land acquired by foreclosure by the Issuer, it shall give
•
written notice thereof to any bondholder who shall have filed his
name with the Issuer for such purpose . The Issuer covenants and
agrees that it shall take the measures provided by law for the
sale of property acquired by it as trustee for the bondholders
within thirty (30) days after the receipt of the request therefor
•
signed by at least fifteen percent ( 15% ) of the holders of the
Bonds then outstanding .
(P) Compliance with Laws and Regulations. The Issuer
covenants and agrees to perform and comply with, in every
respect, the loan and grant agreements which it might have with
the Government or with any other governmental agency and all
applicable Federal and State Laws and regulations .
(0) Remedies. Any holder of the Bonds or any coupons
appertaining thereto issued under the provisions of this
Instrument , or any trustee acting for the holders of such Bonds
and coupons, may either at law or in equity, by suit, action,
• mandamus or other proceedings in any court of competent jurisdic-
, • tion, protect and enforce any and all rights, including the right
to the appointment of a receiver, existing under the Laws of the
State of Florida, or granted and contained in this Instrument,
and may enforce and compel the performance of all duties required
by this Instrument or by any applicable State or Federal statutes
to be performed by the Issuer or by any officer thereof,
including the levy and collection of the Assessments.
September 2, 1980
.., • •.. • .. ,
Nothing herein, however, shall be construed to grant to
any holder of such Bonds or coupons any lien on any real property
of the Issuer.
(R) Records and Audits . The Issuer shall keep books
and records of the Pledged Funds, which such books and records
. . call oe ke;,;. separate and ar,..rt from all otnec books, records
and accounts of the Issuer, and any holder of a Bond or Bonds or
the coupons applicable thereto shall have the right, at all
reasonable times, to inspect such books and records.
So long as any of the Bonds shall be outstanding, the
Issuer will furnish on or before ninety (90) days after the close
of each Fiscal Year, to any bondholder who shall request the same
in writing , copies of an annual audit report prepared by an inde-
pendent certified public accountant or an aediting official of
• the State of Florida, covering for the preceding Fiscal Year, in
reasonable detail , the financial condition and record of opera-
tion of the System and the collection of the Assessments .
( S) Connection with System. The Issuer will, to the
full extent permitted by law, require all lands , buildings, resi-
dences and structures within its corporate limits which can use
the facilities and services of the System to connect therewith
and use the ... .icl,.ies services . ,:ease the
of all other facilities . The Issuer will not grant a franchise
for the operation of any competing water system until all Bonds
issued hereunder, together with interest thereon, shall have been
paid in full.
(T) Fidelity Bond. The Issuer will require each
employee who may have possession of any Pledged Funds to be
covered by a fidelity bond written by a responsible indemnity
company in an amount fully adequate to protect the Issuer from
loss .
(U) Government Approl'al of Extensions and Financing .
• Anything herein to the contrary notwithstanding , while the
Government is the holder of any of the Bonds, the Issuer will not
borrow any money from any source or enter into any contract or
agreement or incur any other ] iability in connection with making
extensions of or improvements to the System, other than normal
maintenance of the System, or permit others to do so, without
Iobtaining the prior written consent of the Government.
i (V) Reimbursement of Advances and Interest Thereon.
_ While the Government shall be the holder of any of the Bonds, the
Government shall have the right to make advances for the payment
of insurance premiums and/or other advances which, in the opinion
: of the Government , may be required to protect the Government' s
security interest . In the event of any such advances, the Issuer
Y
t,
7fi
•
Boo* 055 PACE ID4
• September 2, 1980
w •...• •
covenants and agrees to repay the same, together with interest
thereon at the same rate per annum as specified in the Bonds,
upon demand made at any time after any such expenditure by the
Government. Any such amount due the Government shall be secured
by a pledge of and lien upon the Pledged Funds, on a parity with
C.,1,ds, payment theme snall take L wL ity over any ()Liter
payments from the Reserve Account .
ARTICLE IV
MISCELLANEOUS PROVISIONS
4 .01 Modification or Amendment. No material modifica-
tion or amendment of this Instrument may be made without the con-
sent in writing of the holders of two-thirds or more in principal
amount of the Bonds then outstanding; provided, however, that no
modification or amendment shall permit a change in the maturity
of such Bonds or a reduction in the rate of interest thereon, or
in the amount of the principal obligation, or affect the uncon-
ditional promise of the Issuer to charge and collect such rates ,
fees, rentals and charges for the use of the product, services
and facilities of the System and to levy and collect the
Assessments and apply the same as herein provided, or reduce the
number of _,..us th, .--itten cons-.1_ .;urs of w.._ _
are required by this Section for such modification or amendment ,
without the consent of the holders of all such Bonds.
4 .02 Creation of Superior Liens . The Issuer covenants
that except as herein provided it will not issue any other Bonds,
certificates or obligations of any kind or nature or create or
cause or permit to be created any debt , lien, pledge, assignment
or encumbrance or charge payable from or enjoying a lien upon any
of the Pledged Funds ranking prior and superior to the lien
created by this Instrument for the benefit of the Bonds.
4 .03 Severability of Invalid Provisions . If any one or
more of the covenants , agreements or provisions of this
Instrument or of the Bonds should be held contrary to any express
provision of law or contrary to the policy of express law, though
not expressly prohibited , or against public policy, or shall for
any reason whatsoever be held invalid , then such covenants,
agreements or provisions shall be null and void and shall be
deemed separate from the remaining covenants , agreements or pro-
visions of this Instrument and of the Bonds.
4 .04 Validation Authorized. The Issuer's Attorney is
hereby authorized and directed to institute appropriate pro-
ceedings in the Circuit Court for Collier County, Florida, for the
validation of the Bonds and the proper officers of the Issuer are
hereby authorized to verify on behalf of the Issuer any pleadings
in such proceedings .
s .
• September 2, 1980
4 .05 Conflicts Repealed. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
4 .06 Effective Date. This Instrument shall take effect
immediately upon its passage.
This Resolution adopted after motion, second and roll call
vote ds futiows:
Commissioner Archer motioned and Aye
Commissioner Pistor second and Aye
Commissioner Wimer - Aye
Commissioner Brown - Aye
Commissioner Wenzel- Aye
DATED: September 2, 1980. BOARD OF COUNTY COMMISSIONERS
ATTES'P: ' , COLLIER COUNTY, FLORIDA
• WILZiIAM ;r: REAGAN, Clerk
• � C 1, /fo r d We n z `
��� �f' airman
Approved as to f• and legal
sy iciey
Donald wr. Pickworth
Collier County Attorney
I
BOOK 055 PACE 1
September 2, 1980
ACCOUNTING FIRM OF ROGERS, SILVA, MOON & CO. TO BE OFFERED COUNTY AUDIT PROJECT
IN THE AMOUNT OF $31,000
Prior to the Board resuming their discussion with regard to the recommendation
of the Audit Selection Committee for the appointment of a firm to perform the
County Audit, brief discussion having been held earlier in the Session in conjunc-
tion with the approval of the agenda, it was the suggestion of Clerk William Reagan
that, if it is agreed that simultaneous negotiations could be undertaken this date,
that a recess be called at this time to permit the duplication of certain infor-
mation regarding the matter for the Board to follow during the discussions.
Fiscal Officer Harold Hall said that by holding the negotiations this date
the staff would not be able to handle the matter in as detailed a manner as could
be done if it was continued; however, since there seems to be a general urgency
expressed, he said that efforts will be made to cover the important items. If
this approach is taken, said Mr. Hall, rather than the_Board having complete des-
cr •
iptions of what is to be produced in the audit, he will read the schedules, ".r
with names and titles. and, if the firms' representatives in attendance concur,
such concurrence will be part of the record.
County Attorney Pickworth agreed with Mr. Hall that the staff would be more
"comfortable" if there was sufficient time to prepare the information in more
detail. However, he said that he has been advised that the matter can proceed
using the approach suggested by Mr. Hall , filling in the gaps, where necessary,
in order for the Board to make a decision.
RECESS: 10:40 A.M. until 11 :00 A.M.
Preceding the resumption of the matter at hand, Mr. Reagan informed the
Board that the three firms that the Audit Selection Committee chose were Holcher
& Taylor, May, Zima & Co. , and Rogers, Silva, Moon & Co. He said that representa-
tives of May, Zima & Co., at the time of their interview, were asked if they
wished to return for further consideration and it was stated that their proposal
• "pretty much stands the way it is" and they would be unable to negotiate a price
r •
anywhere near the other recommended firms.
Mr. Hall provided the Board with a brief background of the proceedings from
the establishment of the Committee up to the present time, commenting that, in
accordance with Florida Statutes, the Audit Selection Committee, made up of the
r
September 2, 1980
Constitutional Officers and Commissioner Pistor, as appointed by the Board, met
and drew up a request for a proposal. The request for proposal, following its ,
approval by the Board, was mailed to all of the local CPA firms, other firms in
Southwest Florida thought to be interested in submitting a proposal, plus national
firms. As required, an advertisement was placed in the Naples Daily News, said
Mr. Hall. The proposals that were received, he continued, were evaluated by' the
Committee in accordance with the procedure established by the Committee on a form t
which "tracked" the Statutes. ,
The Committee, said Mr. Hall, chose three firms whose proposals were in
accordance with the Request for Proposal in varying degrees of completeness, fol-
lowing which the Committee, in order to be of help to the Board, ranked the three '
firms - 1) Holcher & Taylor; 2) May, Zima & Co., and, 3) Rogers, Silva, Moon & Co.
The Number 1 and Number 3 firms, said Mr. Hall, are represented in the audience
for the purpose of giving a quick review of what was proposed, what they included -
in their proposal, and why, in their opinion, the Board should select the firm
they represent.
4.
County Attorney Pickworth read from the Statutes that portion governing what
the Board's procedure should be, as follows:
•
"The Board of County Commissioners shall simultaneously negotiate with
the recommended firms for auditing services, at compensation
• the Board determines is fair, competitive, and reasonableThe1Board •
shall also negotiate on the scope and quality of services. In making
such determination, the Board shall conduct a detailed analysis of the
cost of the professional services required, in addition to considering
the scope and complexity."
Mr. Max Holcher, representing the firm of Holcher & Taylor, expressed his
firm's appreciation to the Board and to the Selection Committee for their diligent
i
work in their consideration of the audit proposals. In his opinion, said Mr. Holcher,
'
his firm was ranked first based on the quality of their proposal which is indica-
tive of the high standards of the work demanded by the job. Mr. Holcher continued
' by stating that their proposal was concise, complete, and addressed itself entirely ( I
to the bid specifications, and the only firm recognizing that the engagement is not
�
4 a single audit but rather an audit of five separate entities for which a combined
?4, report must be issued. As a result, Mr. Holcher stated that management level
)' personnel have been assigned to be in charge of the work for the Board and each
° Constitutional officer, all of whom have four to ten years experience and have
C served in the same position in governmental and non-governmental audit situations. 1
September 2, 1980
The Firm's proposal, said Mr. Holcher, listed in detail what the end product
• of their examination would be and commented that the issuance of opinions on the
separate statements for the Constitutional Officers involves negligible addition-
al cost and is in response to requests by those Officers. With regard to the fee,
he said that it has been determined the actual fee to be paid for the 1978-79
audit will approach $61,000 and will have required an estimated 2,200 hours result-
4
ing in an average hourly rate of $27.73. He pointed out that these figures do
not include the combined financial statements, as required by the Auditor General,
which it is estimated will cost between $1,700 and $2,300. Mr. Holcher detailed
comparisons between his firm and the other named firms, which he said must be
compared with rates negotiated by other counties in the State and by other Florida
CPA firms, and concluded that their (Holcher) fee compares favorably and that the
rate of $28.70 per hour is fair, reasonable, and competitive.
•
• Other factors offered by Mr. Holcher for consideration by the Board included
;,, the feeling that it would not be fair to other clients to charge the County less
than the rate stipulated, that a lower rate would be unreasonable because of the
___ _ degree of responsibility assumed and the expertise required, the reasons why the
estimated hours will be less which he said are due to the fact that the firm has
had the experience of doing a major portion of the project before and also because
the firm will be using highly-qualified auditors and, therefore, requiring less
hours, and other pertinent factors.
Mr. Holcher observed that, as required by the Request for Proposal, a maximum
fee has been proposed and an estimate of 1 ,857 hours; however, should the estimate
be high and the time less, the County would pay only for the hours actually spent.
On the other hand, he continued, should the estimate be low, and no unusual con-
. • ditions exist, again, as in accordance to the bid specifications, the County
would only pay the maximum.
Mr. Jack Moon, partner in the firm of Rogers, Silva, Moon & Co., advised that
he is appearing in place of Walter Rogers who is vacationing and could not be
present. He said Mr. Rogers asked him to read into the record his letter dated
August 20, 1980 to the Board which he procedded to do. Among the points addressed
in the letter, as read by Mr. Moon, were as follows:
September 2, 1980
.
A careful review of the firm's proposal will show that it
substantially complies with the requirements even though the
information contained therein should have been arranged to
more nearly comply with the order outlined in the Request
for Proposal. A .page could have been added indicating the
name, education, professional memberships, and work experi-
ence of each staff member. Admittedly, the proposal was not • •
complete in meeting these requirements.
Ro"_rence was made .,, *he proposal suh" "ed by Peat, Marwick,
Mitchell and Co., the second lowest bidder, and the fact that
. c their name was not among the three submitted by the Committee,
the reason given was that it was deficient in meeting the Re- .,
quest for Proposal. And, therefore, since that firm would ,'
incur substantial expenses which would be paid from their bid
of $47,000, Rogers' price was not "that" low.
' It was made clear to the Committee that the firm would fully
undertake and understood the scope of the work to be done
which includes the Financial Audit, the Compliance Audit,
•
Special Reports, and a Management Letter.
Comments on fees were based on the fact that Fall months are
the slowest months in the Public Accounting business and the
w fact that the firm "wanted" to do the job.
References to the. experience of the firm in the field of oovern-
manfni '• liting - The City of Na^1 c Collier ''runty School
System, City or maples Airport Autnority, u„u, ror the year
ending September 30, 1979, an audit was performed for the
M_ Office of the Clerk of Circuit Court, and for the Sheriff's
office. Also, for other counties and cities in Florida.
There will be no reduction in the scope due to the bid price -
for the fee quoted, a thorough and adequate job will be done, •
in compliance with the Request for Proposal.
Mr. Moon said that, basically, the firm is trying to establish that their
bid was not a frivolous one, reiterating the fact that it was taken into account
,
that the subject period is traditionally a slow time. He further stated that he
1, was not afraid to admit that the work will be done for the County at cost because
1 "we want the work". He concluded with the statement that they understand the
scope of the work to be done and will not do any less than a professional job on •
the audit.
• . Mr. Hall referred to the summary sheet, copies of which were furnished to "
the Board, to point out the differences, if any, between the three firms in re-
d sponding to the requests of the Committee for certain information, such as
specifically who would be working on the audit, who would be coming into the t
various County offices, experience in Local and County Government audits, and
the like. Mr. Hall suggested that each representative be requested to tell the
Board specifically the type of financial statements that will be produced -
September 2, 1980
•• and whether they will be in accordance with the Statutes and the rules of the
s Auditor General, or would they be in regard to the needs of Collier County as
they see them.
Mr. Holcher stated that the end product of their examination will be the
• Audit Report, as required by the rules of the Auditor General 10.800; Financial
• Statements for the Board of County Commissioners, the Clerk of the Circuit Court,
e .
• the Tax Collector, the Sheriff, the F,operty Appraiser, uCNendent Districts,
required by the Board, but not limited to the County Water-Sewer District, Marco
Water and Sewer District, Immokalee Water and Sewer District. Also, said Mr.
Holcher, it is proposed that Interim Management Letters will be presented to the
Board and each Officer, to be delivered at a conference sometime in October, at
the conclusion of the study of the financial system and evaluation of the system
of internal accounting controls in each area.
Mr. Holcher continued by stating that a Final Management Letter would be
delivered at the conslusion of the fieldwork and that there will be conferences
with each Cons6i,u‘lvnai Offs__. :nd the Boar:, : - _ _ _, before an_.
commences, and at least twice during the examination to review progress and at
the conclusion of the fieldwork and before issuance of the Final Report so that
it will be known what will be "hitting" the public record. Also, said Mr. Holcher,
there will be special reports covering compliance with grant contracts for the
HUD Community Development Block Grant and the Homemakers Grant. Further, said
Mr. Holcher, it is proposed to offer Follow-up services at the conclusion of the
examination, including assistance with new year's opening, explanation of comments
_ in Management Letters, and other consultation which would fall within the purview
of the engagement. He said that they will also be available for further engage-
.
ments to implement or further investigate systems weaknesses for possible improve-
. ments.
Mr. Hall inquired of Mr. Holcher if he proposes to produce the Financial
Statements in a format very much as they are in now for each of the Constitutional
{ •Officers, referring to the Financial Statements prepared for the 1979 Audit for
the Board of County Commissioners, plus the combined statements - the final roll-
up of all of those into the combined statement, as required by the Auditor General.
ti
Mr. Holcher responded in the affirmative by stating that that is what the rules of
the Auditor General "say". Attorney Pickworth, noting that Mr. Holcher was
September 2, 1980
reading from a prepared statement, inquired as to the source of the document
with Mr. Holcher replying that the information he narrated is contained on
Pages 4 and 5 of his firm's proposal.
Mr. Moon introduced Mr. Ron Wood, one of his partners and whom he said
prepared the firm's proposal. Mr. Wood said that they are prepared to report,
as dictated and mandated by the Law and the Rules of the Auditor General which
*ate ther- must be a comb;-c" -et of Financ;,.' --cements for the ycar
of the audit under proposal. He explained that in performing any audit there
must be individual pieces prepared before a combination can be put together.
Therefore, said Mr. •-'ood, anything lower than combined statements would be pro-
duced at no additional costs to the County because, in order to get to the com-
bined statements, the individual pieces would have to be audited. In addition to
the combined statements, he continued, there are reports required from the audit
of the two grants. He said that he finds it not significant at this point for his
firm or himself to make the determination of what the reporting should be because
it is felt tha* r-.:ity hPc to make thai. (4-}---4n;,f4,1,, ..._..._
further s±A+„a
that it is rather innocuous to produce fifty reports if five reports do it and
• also innocuous to produce ten reports if you need fifty. He said that he is
prepared to prepare, beyond the combined financial statement which is mandated by
Law, any report which is required by the Clerk or by the Fiscal Officer.
Mr. Hall said that his primary concern, which he said has been clarified by
Mr. Wood, was the heading used in their proposal - Audit of the Combined Finan-
cial Statements of Collier County - and inquired if Mr. Wood's firm will be
producing for the County the sub-statements, or the lower level statements, as
the County has had in the past year. Mr. Wood replied in the affirmative with
the explanation that "we have to start at the floor and go up" and that each
individual entity, each individual department, or fund, must be audited. So,
consequently, any report wanted from the beginning, his firm is willing to pro-
duce, said Mr. Wood, reiterating that the Law mandates the preparation of a
combined Financial Statement which has never been done before.
Mr. Hall said that another of his concerns was whether or not the personnel
assigned would be experienced in local government audits, citing the additional
ti
ri
hours involved in the event they are not However, continued Mr. Hall , the �a
w'a
ha
oss
September 2, 1980
greatest concern is the lack of County
y personnel available to pull from the General
Ledger all of the financial information from which the financial statements are
prepared, as has been done in the past, citing an example. He asked Mr. Wood if
they propose to pull from the ledgers, the necessary information and produce the
Financial Statements as they have been produced in the last two years. Mr. Wood
replied "That's correct".
Attorney Pickworth noted that Mr. Holcher listed the statements he would pro-
' vide, commenting that he would like it clarified by Mr. Hall if those are beyond
what are needed, with Mr. Wood making a general statement that they will produce
whatever is wanted, or words to that effect. He said that he would like it made
clear in his own mind if the County will be getting the same equivalent service
from each firm and also assurance that there will be no additional costs to the
County, as has been alleged. He suggested that an oral response is needed so that
there will be no question on those points.
Mr. Wood said that, as an independent auditor, he would not profess to tell
the County now to repo „ . He said that l i ,.r,,. _ „ ,Necific
I le
for for which there has been no activity in the last two years, as an example, he
could not see producing a report; however, he said that is not their prerogative
to determine if such report should be prepared - it is the County's prerogative.
•
He said that he is willing to say that "If you want the report as part of the
basic audit procedure, we will produce that report for you". Attorney Pickworth
asked if it is possible that if they are told that certain things are wanted,
which may be reasonable or unreasonable requests, that such request may be beyond
what was contemplated when their price was quoted and which may be difficult for
them to produce at that price. Mr. Wood said that, from what he knows of the
County at this point, the only thing he could see that would change it is if
suddenly they were required to do something on the CETA program, or the like; and,
at this point, would have no idea what would be involved. He said that "what
existed in Collier County, as I saw the records thirty days ago, I have no problem".
Ili. Wood added that if something completely new came up it would have to be subject
} to negotiations.
Attorney Pickworth inquired if there is the possibility of something complete-
ly new being introduced with Mr. Hall stating that there is an outside chance
1
September 2, 1980 i
with regard to CETA. Mr. Hall observed that that is such a big job in itself that ,
f;:
9•
s , whichever firm is involved, there would have to be negot'ations for another dollar t
- s,• amount for that, adding that such an audit would be almost as big as the County '
audit. Therefore, said Mr. Hall, it is very important that there is a good, clear
understanding of the work that is to be done. He noted that there are two very• t
fine reputable accounting firms proposing to do the work for the,County and, if
were is this ur,.:artanding beforr,�,:;,,, there will be
o' no problem with either rirm.
r .
The possibility of extraordinary matters being introduced was discussed with
Commissioner Pistor questioning if having to prepare financial statements for each
r
Constitutional Officer and the Board would come under such possibility with Mr.
^f
Wood stating that the Constitutional Officers prepare their own statements. Mr.
: a
Hall suggested that this is incorrect - that their auditors prepare them. Mr.
. i
Wood, to explain, said, in the event employee fraud of large magnitude is uncovered,
• f as auditors, they cannot stop and report this - that, in his opinion, the Board
}
4, would not want them to do this. He said that they would have to come back to the
w` Board for ins,, ,,,,,,,,,,,, us to they should ,.J, u,.: _,,, ,,,oval fees. 4:
; y' that this is the type of area he was addressing - not the preparation of Financial
Statements.
Clerk Reagan requested more detail on the personnel who will be involved with
Mr. Moon stating that his firm will be assigning Ronald Gustason as Supervisor and
that all five partners will be involved, including Mr. Wood. It was Clerk Reagan's
concern that he would dislike having clerical personnel in the offices who will
have to be trained. Mr. Moon said that all he could say is that they will be
'` rofessional
P people, working in the Courthouse Complex under the firm's guidance •
i
and supervision; however, he said that it is possible there will be some training
, / involved which he said he hoped would not be too inconvenient. It was Mr. Reagan's
comment that he does not expect to be inconvenienced.
Mr. James Gassier, with the firm of Holcher & Taylor, suggested that there
iy
.i may be some misunderstanding as to what is meant by the individual- financial state-
J-1 menus for the Constitutional Officers and the Board. To clarify, Mr. Gassier said ••
a y
4 that the requirements of the Auditor General stipulate that individual Financial
Statements for each Officer are required to be included in the combined report. j?
=_ r
.. However, he said that in the combined report the only opinion that is required is
f
4 ('
September 2, 1980
the opinion on supplemental data which states basically that the Financial
Statements are materially correct with respect to the Financial Statements
taken as a whole. In other words, said Mr. Gassier, there are no material
errors in that supplemental data which are material to the opinion on the
:.tatem He further -4" d that, as p,,-•^ -c their preparation
on the proposal , discussions were held with each of the Officers, and with a
representative of the Board, and each Officer stating that he would like
to see a separate Financial Statement of his operation, together with the
auditor's opinion, without all of the rest of the combination. He said
that the amount of time to render an opinion on each individual 's Financial
Statement is negligible.
Mr. Hall said that the statements which have been made illustrate
what each firm will deliver - "what will be put in our hands." The
- second part ^{ +" "r-42W is t're price itself said Mr. Hall . commenting
again on the reasons why the second-ranked firm chose to elect not to
be present this date. He said it would be appropriate for the Board to
consider with each firm the price they would charge the County, and if
there are any changes upward or downward, following the discussion on
what is to be delivered. Attorney Pickworth concurred that this would be
normal procedure and one which the Boa •d needs to address. Mr. Hall
said that the question to Holcher Taylor would be: "With what you propose
to deliver to the Board, as we understand it here today, is your price, as
reflected in the proposal, the price that you would charge this Board?"
And, said Mr. Hall , to Rogers-Moon, the question would be: "In view of
the discussions they have had here today, does this change their attitude
toward price, either up or downward?"
Mr. Holcher said, as contained in their proposal, the maximum price
would be based on $28.70 per hour. He said, as he stated before, that
if it is less, the total fee would be less. Mr. Hall further inquired
if there has been anything covered during the Session this date that would
change the firm's thinking on what the maximum total dollars would be with
September 2, 1980
Mr. Holcher responding "No, sir". For the record, said Mr. Holcher, obviously
=4 •, if something very unusual were to arise, there might be a change. He said that,
. pending what is in the Law and the Financial Statements that they have seen, the
proposed fee remains as is. At Attorney Pickworth's request, Mr. Holcher ex-
---- .- plained how the fee was determined by stating that the Law requires that the fee
be fair, reasonable, and competitive. In his firm, said Mr. Holcher, the fee of
- ".2?.70 r1t2 per . ... r. is below the:: .andard, and beiidr; ;,;;e average rate. 1e
. 7 said the feasibility of reducing the price was questioned in their minds. However,
• he continued, they have come into the job with their eyes open, analyzed what
needs to be done, and determined that they would like to have all of the objecti-
vity and independence which is important to the Board and the citizens of the
County and, therefore, they did not opt to "low bid" or price it at a level which
it was felt could be subject to question.
Commissioner Pistor inquired as to what would be the procedure in the event
the Auditor General turns back the report stating that it is not satisfactory.
"__ ,. Mr. Holcher s,"-' "--L ii;,ey war' 1 make it satic' . ' - ".le, at no -r-"
tional cost. He said that he does not understand how this could happen but noted
his knowledge that the State has such prerogative and said that his firm has
included this possibility "in their thinking".
• Responding to the question posed earlier, Mr. Moon said that his firm has
not changed their position on price either way. He said it was first determined
the number of hours which was felt necessary to do the job and then arrived at a
price and that they do not feel that they want to change their opinion one way or
I another. Commenting on the references made to low bids, Mr. Moon said that, up
to a few years ago, they would not have been allowed to come in, professionally,
and bid on the job. However, since there is bidding, "someone is going to bid
high and somebody is going to bid low".
Commissioner Pistor questioned Mr. Moon on what would happen if the Auditor
General determines that the report does not meet his requirements and sends it
• = back to the County so that it has to be done over. Mr. Moon noted that his firm
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is professional, will do a professional job, and would stand behind it at no
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additional cost to the County.
Attorney Pickworth stated that the question must be asked as to the reasons
for Holcher Taylor asking twice as much as the Rogers, Silva firm, noting that he
feels "comfortable" that both firms will both be doing substantially the same job. v.
8o3K 145 PACE 174.
• September 2, 1980
He asked if the first-named firm is charging too much, or the second-named firm
too little, or if there are some economics that Mr. Moon's firm can take advantage
of that the other firm cannot, concluding with the statement that there has to b,;
some reason for the almost 100% difference in prices.
Mr. Moon said that, as was mentioned previously, the work will be done in the
Fall. He said there is nothing "magical" that their hourly rate on the job is less,
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commenting that it is a fact of life in the Accounting Profession that one will bid
lower on some jobs and work at a lower rate than on other jobs. He further said
that the job will come at the time of the year when they do not have a lot of work
in the office and, also, that the firm wants to do more work for the County.
Again, responding to Attorney Pickworth, Mr. Moon said that the rate is
definitely below their standard rates, although declining to list those rates, and
said that the firm's usual rates are basically in line with the Holcher firm's.
He concurred with Attorney Pickworth's comments that the firm will be doing the
job at cost basically, but it would pay their overhead.
Attorney Pickworth questioned hr. whether or
would be any problem involved if, for any reason, the project should be delayed
beyond the "slow" time and extend into their busy season. Mr. Moon said that it
is definitely planned to have the audit done before the busy season begins the
middle of February which he feels is sufficient time to complete it.
Commissioner Archer requested assurance that either one of the two firms
hired can and will fully satisfy the requirements of the Auditor General's office
• with Mr. Hall responding in the affirmative. Continuing to question Mr. Hall,
Commissioner Archer inquired if both of the firms have agreed that the prices
submitted will provide all of the information in the way of financial reports,
financial status of each independent office and a combined financial audit of
Collier County and will satisfy the State requirement. Mr. Hall replied "That
satisfies the State requirement and ours". He also said, for the record, that the
subject level of detail is a part of the engagement with whichever firm the Board
. 7 elects to use.
Pursuant to Chairman Wenzel 's request for a motion to either accept the
recommendation of the Committee or for rejection of the recommendation, Attorney
Pickworth advised that the motion should not be predicated on the recommendation
September 2, 1980
of the Committee but, rather, should be based on the Board's own judgment, noting
• that the Committee brought to the Board the three most recommended firms and the
Board had the opportunity to select among those three.
Commissioner Archer moved, seconded by Commissioner Pistor and unanimously
carried, that the offer for a County Audit be made to Rogers, Silva, Moon b Co.
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in the amount of $31,000 as the lowest, responsible bid.
rOTI; PRECIN.: NUMBER RE DEPU;: LLIAM J. WILKIt - SuoMITTED AND FILED
RECORD
In compliance with Florida Statute 30.08, the following voting precinct number
was filed for the record, as submitted by Sheriff Aubrey Rogers:
DEPUTY PRECINCT NO.
• William J. Wilkie 31
UTILITY EASEMENT RE MARCO SEWER PHASE I IMPROVEMENTS - FILED FOR THE RECORD FOLLOW-
ING RECORDATION
Pursuant to action taken by the Board on April 3, 1979 wherein the Board
approved the acceptance and expenditure of funds for the recording of all Utility
Easements related to the Marco Sewer Phase I Improvements project, the following
easement was submitted by the Utilities Division;
1. United Church of Marco Island, Inc.
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U1'31.I7'X 1:/151:MI:NT ' O.R. 880 PG 64
THIS EASEMENT made this /_ / day of / ( 1b. (•;.'1 •
•'/j• 1
' A.D. , 1979•, between United Church of Marco Island, Inc. , as the -
4
first party, and Marco Water and Sewer District, a body corporate
; nd politic of the State of Florida, its' successors and assigns, .
as the second party.
V-
WITNE SETU: That the first party, for and in consideration
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- ^f t'... sum .` $1.00 and .:: 2 valuable c.,,,„ iderations paid by
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the second party, receipt of which is hereby acknowledged, hereby
• grants unto the second party, its' successors and assigns, a
non-exclusive easement, license and privilege to enter upon,
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• • and to install and maintain utility facilities on the following
1:-=.11=.11:::_-.11=described lands being located in Collier County, Florida, to wit:
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t ' Commencing at the intersection of the centerline of •
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t'-'�.. '� '�!� Briarwood Court and the centerline of Rom
i' 9,- _-= I-- Romano Terrace
.�1•=-I:= ;I.-II (also known as Briarwood Terrace) according to the
{ ,__ Plat of Marco Beach Unit 3 as recorded in Plat
. (i4:,I= �: Book 6, Pages 17 through 24 incl+,qi�� , of •-,,„ Public
.;i` II Recores ox Collie ..aunty, Florida; thence along the
T:1i•, •jA• centerline of Briarwood Court, North 37° 46 ' 48”
• '1 •'- .":14 = II East 55.00 feet; thence South 52
_' :--111-41W11—• _.. 13 ' 12" East 30•00
if1 . feet to the Southeasterly right-of-way line of Briarwood
j'jtt l„1fl Court for the Place of Beginning of the parcel herein '
• !-"•fl.+ I:�--��- described; thence South 52° 13' 12" East 10.00 feet;
: l ,1 thence South 7° 13 ' 12" East 21.21 feet; thence South
.j .i !I�,—(r'_ 37° 46 ' 48" West 10.00 feet to the Northeasterly right-of-way
11'.:1 -�`�-"II line of Romano Terrace (Briarwood Terrac•. ) • thence Northerly
iitil I•:%1� 39.27 feet along the arc of a circulr curve concave to
• silt-;1I;I�-=I! the East, having a radius of 25. 00 feet, subtended by a
=:II�IIIf:- chord which bears North 70 13' 12" West 35 . 36 feet to
:II=41=-11=11 the Place of Beginning; being a part of Tract "C; Marco
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t 1c Beach Unit 3, Collier County, Florida, containing .01 acres
IJ• -11:11 more or less. yS
IN WITNESS WHEREOF the said first party has caused these • .
• presents to be executed this / `d
day of , ..-<<.� ,., _ •
:/
A.D. , 19g.
• ' Y.iTNESSES: ,
• r1• -
• / 4�// 0( ' , United Church of Marco •Island, Inc.
•• ."(..--f-z/er 4 A•-a i I I I I lj:•
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• COUNTY OF Co--e-a:w. •
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X IIEREBY CERTIFY that on this day, before me, an officer
duly authorircd in the State aforesaid and in the County aforesaid
to take acknowledgments, personally appeared
'S 1tme...,s W .-yri 0%i la,� to mu known to be the perso��
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• described in and who executed the foregoing instrument . -
./ and he. acknowledged before me that hY. executed the name.
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My commission expira •fia:7,, ,:;.;•
• icx COWAISSION E).PI 1:4,4lA 2oj91� '
• QOtjDfD•Jjj�U plt`.I.I.ilik...uf1D IWl IfF 3 i• .
4) !• I,
This instrument prepared by:
Donald A. Pickworth
Collier County Attorney .
Courthouse - Building "F"
Naples, Florida 339112
• (813) 774-8400 . • .
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Recorded and Verified•• 1 In Of tidal Records of
COLLIER COUNT V.FLORIDA
WILLIAM J.REAC.Av,CLERK ... • • ••--
faj c.OI:IA NCUAUD.O.C. .
•• .• -
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1; STATE OF FLORIDA, COUNTY OF COLLIER
I'HEREf3Y CERTIFY Thar he above and foregoing is a true ;
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and correct:f cony of oE:- L44 -
reco (led in my of ficc on th,Z�G1 day of.Ci4C-G ..j`•'•
!, 19 e).in Official Record Oooi:_.ig page. .4_.4.1. 1-/etc g
•• Wit a my hand and official scut Ihis..,!2"~ __day of • r.4
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s• - A.D. 19 * .
• IL t J. RE ,A-..CI I k of Colts :w
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Rnf?x 055 Pere 1 /
BOOK_ PACE
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September 2, 1980
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
Thera being no objections, the following correspondence was filed and/or
referred to the various departments as indicated: •
1. Letter dated August 25, 1980 from William H. Jones, Manager, Sunset -
House, Incorporated, re permit for proposed seawall project (Public
hearing scheduled for 9/9/80) - xc Planning; and filed.
2. Letter dated September 1, 1980 from Henry F. McConomy, resident of
Sunset House, supporting Petition CCCL-80-8C (Public hearing sche-
- dui,;:: for 9/9/80) - ...: : ,anning and En9,r�.L. .ng Departments; 1r' '
filed.
w 3. Copy of letter dated August 28, 1980 from Clerk Reagan to County
Attorney transmitting copy of letter dated August 11, 1980 from - '
Midwest Title Guarantee Company of Florida to Clerk Reagan re record-
ing of special assessment liens and title problems therefor - Filed.
• 4. Copy of letter dated August 27, 1980 from Chief Jackson, Marco
Island Fire Department, to Safety Director Hafner re reasons for
requiring a fire hydrant at Tiger Tail Beach Park - xc County
• Manager and Engineer; and filed.
5. Copy of letter dated August 25, 1980 from Sue Williamson, Consumer
Complaints Analyst, Division of Consumer Services, FDA & Consumer •
Services, to M/M Lee Bence responding to their complaint re South
Florida Cable Television Corporation - xc County Manager for
response; and filed.
6. Letter dated August 14, 1980 from Senator Richard Stone acknow- . ,
ledging receipt of a copy of letter to Governor Graham re certain
' road - xc Engineer; and filed.
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7. Copy of letter dated August 26, 1980 from Marco Island Beach Associ-
ation, Inc. to Bureau of Beaches and Shores, FDNR, re Notice of
• Violation for Unauthorized Construction Seaward of the CCC1 - !'
xc Planning; and filed.
8. Letter dated August 18, 1980 from Dr. John L. Kermond, Project ,
Director, University of West Florida, re preparation of comprehen-
sive statewide plan for shoreline erosion, beach preservation and .
hurricane protection - xc County Manager and Planning Department;
and filed.
9. Letter dated August 27, 1980 from William L. Jones, President,
1 Contractors Association of Collier County, requesting consideration
of additional personnel for the Building Department - xc County -
Manager; and filed.
10. Letter dated August 18, 1980 from Senator Richard Stone acknow-
ledging receipt of information re I-75 through Collier County - xc
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. . Engineer; and filed. .
11. Letter dated August 25, 1980 from M. Dan Nickel re drainage situation
in Golden Gate Estates area - xc Engineer; and filed.
12. 38 letters received from Golden Gate Estates residents regarding
' possible rezoning - xc Planning Department; and filed. , ..
• 13. Notice dated August 22, 1980 from Area Agency on Aging announcing
Public Hearings Planned re development of 3-year planning cycle - tg
. Filed.
14. Notice regarding service from Nationwide Rent A Fence, Inc. - 0
xc Purchasing; and filed.
15. Notices from U.S. District Fourth of Florida re cases involving the •i •
taking of lands by the Federal Government for the Big Cypress "'
Acquisition - xc County Attorney; and filed.�7r
S (_--1 ("BOOK''055 PACEI!9 (_--____�
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September 2, 1980
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, ' There being no further business for the good of the County, the meeting was
adjourned by order of the Chair - Time: 12:15 P.M.
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BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DISTRICTS UNDER ITS CONTROL •
age
CLIF)'/7 WENZEL, CHAI'�J'N
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ATTEST:
WILLIAM J. REAGAN, CLERK
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