Resolution 1991-157 RESOLUTION NO. 91- 157 FEBRUARY 12, 1991
A RESOLUTION APPROVING THE PRELIMINARY PLANS,
SPECIFICATIONS AND ESTIMATE OF COSTS OF THE
PROPOSED ROADSIDE IMPROVEMENTS WITHIN THE
EUCLID AND LAKELAND AVENUES ROADSIDE IMPROVEMENTS
SPECIAL ASSESSMENT DISTRICT OF COLLIER COUNTY,
FLORIDA AND A TENTATIVE ASSESSMENT ROLL OF SUCH
ESTIMATED COSTS AMONG THE PARCELS OF PROPERTY TO
BE ASSESSED, SUBMITTED BY THE COUNTY TRANSPORTATION
SERVICES DIVISION; FIXING THE DATE, TIME AND PLACE
FOR THE PUBLIC HEARING ON THE APPROVING RESOLUTION
FOR THE EUCLID AND LAKELAND AVENUES ROADSIDE
IMPROVEMENTS SPECIAL ASSESSMENT DISTRICT; AND
PROVIDING FOR MAILING AND PUBLISHING NOTICE OF SUCH
PUBLIC HEARING.
WHEREAS, on February 12, 1991 the Board of County
Commissioners adopted Resolution No. 91- 155 creating the Euclid
and Lakeland Avenues Roadside Improvements Municipal Service,
• Benefit Unit; and
WHEREAS, the Board of County Commissioners on February 12,
1991 adopted the initiating resolution, Resolution No. 91- 156 ,
directing the County Transportation Services Division to prepare
in triplicate the preliminary plans, specifications, cost
estimates for the improvements constituting the Project and the
Tentative Assessment Roll; and
WHEREAS, Collier County Ordinance No. 88-23 provides that an
advertised public hearing be held by the Board of County
Commissioners on the Tentative Assessment Roll.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section One. This Resolution is adopted pursuant to the _
provisions of Collier County Ordinance No. 88-23 and other
applicable provisions of law.
Section Two. It is hereby found and determined as follows:
A. On February 12, 1991 the Board of County Commissioners
adopted Resolution No. 91- 155 creating the Euclid and
Lakeland Avenues Roadside Improvements Municipal Service
Benefit Unit and the Initiating Resolution, Resolution No.
91-156, ordering the construction of the roadside
improvements described therein (the "Project") to be located
within the area described therein, designating the area to be
assessed for the payment of the cost of such improvements and
directing the County Transportation Services Division to
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FEBRUARY 12, 1991
prepare in triplicate the preliminary plans, specifications,
cost estimates for the improvements and the Tentative
Assessment Roll.
B. The County Transportation Service Division has prepared
the preliminary plans, specifications, cost estimates for the
improvements and the Tentative Assessment Roll and has filed
a copy of each in the office of the Clerk.
C. The construction of the Project as described in such
plans and specifications is estimated at a cost of
approximately $991,683.20. Since Euclid and Lakeland
Avenues are under Collier County's maintenance program,
Collier County will assume a fair-share cost of $91,600.00 in
providing materials for and/or performing a portion of the
improvements with County forces. The balance of the
estimated project cost, in an amount of approximately
•
$900,083.20 shall be
payable by the levy and collection of
the special assessments against the properties described
within the Unit to be specially benefited by the construction
of the Project in proportion to the benefits to be derived
therefrom; and it is just, equitable, fair and proper that
such special benefits be determined, prorated and levied on
a per dwelling unit basis against all lots and lands within
the Unit.
Section Three. Such preliminary plans and specifications and
estimate of the cost of the Project and Tentative Assessment Roll
of such estimated cost as between the County and each property
owner of land subject to the assessments are hereby approved and
the 12 day of March, 1991 at 9:00 o'clock A.M. at the Board of
County Commissioners' Room, Building "F", County Courthouse,
Naples, Florida, is hereby fixed as the date, time and place at
which the Board of County Commissioners will hear objections of
the owners of the properties to be assessed, or other
persons
interested therein, to the confirmation of the Initiating
Resolution, Resolution No. 91- 156 . The Clerk shall keep a
record in which shall be inscribed, at the request of any person,
firm or corporation having or claiming to have any interest in any
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FEBRUARY 12, 1991
lot or parcel of land within the Euclid and Lakeland Avenues
Roadside Improvements Municipal Service Benefit Unit, the name and
post office address of such person, firm or corporation, together
with a brief description or designation of such lot or parcel, and
•
the Clerk shall mail a copy of the notice of such hearing to such
person, firm or corporation at such address at least fifteen (15)
calendar days y prior to the date of the hearing as fixed above.
The Clerk shall also cause the notice of such hearing to be
published one time in the Naples Daily News, a newspaper published
in Collier County and circulating in the Unit, not less than
fifteen (15) calendar days (excluding Saturdays, Sundays and legal
holidays) prior to said date of the hearing.
Section Four. Notice of such hearing shall be in
substantially the following form:
N O T I C E
Notice is hereby given that the Board of County Commissioners
of Collier County, Florida, will meet on March 12, 1991 at 9:00
o'clock A.M. , at the Board of County Commissioners' Meeting Room,
s_
Third Floor, Building "F", Collier County Government Center,
Naples, Florida, for the purpose of hearing objections, if any, of
all interested persons to the confirmation of Resolution No.
91- 15k passed and adopted by the Board on February 12, 1991,
ordering the construction of roadside improvements described
therein known and designated as the "Euclid and Lakeland Avenues
Roadside Improvements Assessment District" (the "Project") to be
•
financed through special assessments against the properties to be
specially benefited by such improvements.
•
The proposed roadside improvements will consist of the
installation of drainage pipes, construction of bikepaths and
• related improvements along Euclid and Lakeland Avenues.
Preliminary plans and specifications and an estimate of the
cost of the Project and a Tentative Assessment Roll of such •
estimated cost are on file with the Clerk at Room 513, Fifth
Floor, Building "F", Collier County Government Center, Naples,
Florida and are on file in the offices of the County
Transportation Services Division, Building "D", Collier County
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FEBRUARY 12, 1991
• Government Center, Naples, Florida, and are open to inspection by
the public. Such interested persons will be heard by the Board as
to the propriety and advisability of making said improvements, as
to the amount of such cost to be assessed against each property so
improved and as to any other relevant consideration; provided,
however, all objections to the confirmation of Resolution No.
91- 156 on the ground that it contains items which cannot be
- i
properly assessed against property, or that it is for any default
or defect in the passage or character of the resolution or the
plans or specifications or estimate, void or voidable in whole or
in part, or that it exceeds the power of the Board of County
i .
Commissioners, shall be made in writing, in person or by an
attorney, and filed with the Clerk at or before the time or
adjourned time of such hearing. Any objections against the making
of any assessable improvements not so made shall be considered as
waived, and if any objection shall be made and overruled or shall
not be sustained, the confirmation of the resolution shall be the
final adjudication of the issues presented unless proper steps
shall be taken in a court of competent jurisdiction to secure
relief within twenty (20) days from the date of Board action on
the Approving Resolution.
Section Five. The Clerk is hereby ordered and directed to
spread this Resolution in full among the minutes of this meeting
for permanent record in his office.
Section Six. This Resolution shall become effective
immediately upon its passage.
This Resolution adopted after motion, second and majority
vote.
`IMTED i . .
a" ATTEST: ., - BOARD OF COUNTY COMMISSIONERS
c: :JAMES C. GILES CLERK
COLLIER COUNTY, FLORIDA
•
��j�'• BY Irk, 01. ' Ii
•
.; g A • C 1. E GOODNIG'T
► , CHAIRPERSON
Approved as to form and
legal sufficiency:
G / COO
'ay d C. We geld
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g
Assistant Coun Attorney