Agenda 09/02/1998 B COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
September 2, 1998
6:00 P.M.
LOCATION:
Hammock Oak Center
8962 Hammock Oak Drive
Naples, Florida 34108
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO~ AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
1. PLEDGE OF ALLEGIANCE
2. ADVERTISED PUBLIC HEARINGS - BCC
A. PRESENTATION OF FISCAL YEAR 1999 PELICAN BAY SERVICE DIVISION
BUDGET
Be
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT
THE RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL AND
LEVYING THE SPECIAL ASSESSMENT AGAINST THE BENEFITED PROPERTIES
WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT.
END OF ADVERTISED PUBLIC HEARINGS
4. ADJOURN
EXECUTIVE SUMMARY'
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT
THE RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL AND LEVYING
THE SPECIAL ASSESSMENT AGA!NST THE BENEFITED PROPERTIES WITHIN THE
PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT.
OBJECTIVE: The Board adopt the Resolution approving the Special Assessment Roll
and levying the Special Assessment against the benefited properties within the Pelican
Bay tv;anicipai Service Taxing and Benefit Unit.
CONSIDERATION: The attached Resolution provides for Board approval of the
preliminary assessment roll as the final assessment roll, adopting same as the Non-ad
valorem Assessment Roll for purposes of utilizing the Uniform Method of collection
pursuant to Section 197.3632, Florida Statutes, within the Pelican Bay Municipal Service
Taxing and Benefit Unit for maintenance of the water management system, beautification
of recreational facilities and median areas, and maintenance of conservation and
preserve areas, and establishment of Capital Reserve Funds for the maintenance of
conservation or preserve areas, U.S. 41 berms, street signage replacements within the
median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican
Bay Municipal Service Taxing and Benefit Unit.
FISCAL IMPACT: The total assessment identified in the roll is $1,461,800.00 for
maintenance of the water management system, beautification of recreation facilities and
median areas and maintenance of conservation and preserve areas. This equates to
$188.48 per residential unit based on 7755.93 assessable units.
The total assessment identified for the establishment of Capital Reserve Funds for the
maintenance and restoration of the conservation or preserve area, U.S. 41 berm
improvements within the District, street sign replacement within the median areas,
landscaping improvements and U.S. 41 entranc3 improvements within the Distdct
identified in the roll is $649,700,00 which equates to $83,77 per residential unit based on
7755.93 assessable units.
The recording fees for recording the Assessment Roll and Resolution are estimated to be
approximately $3,000 and are available in Fund 109, Cost Centers 182601-649030 and
182900-6449030.
_GROWTH MANAGEMENT IMPACT: None
AGENDA ITEM
No._.ga?_..~l_~
S/P U gg8
PC.__ /
Executive Summary
Page 2
," The Board adopt the Resolution approving the Special
~sment Roll and leVYing the Special Assessment against the benefited prbperties
the Pelican BaY Municipal Service Taxing and Benefit'Unit.
. t;. , - . !
ED B ' DATE:
Ja('rjes P.' Ward, Division Administrator
~'.e(icen, Bay Services Division ~'~
DATE: ~/~./~ ~
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RESOLUTION NO. 98-
A RKSOLUTION APPROVING TIlE PRELIMINARY ASSKSSMENT ROLL AS THE
IrINAL ASSF...SSMENT ROLL AND ADOPTING SAMI: AS TIlE NON-AD VALOREM
ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIlrORM METHOD OF
COLLECTION ptFRSIJANT TO SECTION I~rT.36.1L FLORIDA ~"I'A~ WITHIN
Tile PELICAN BAY MUNICIPAL SERVICE TAXING AND BENI:FIT f,~lT FT~R
MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BItAUTI~ICATM OF
RECREATIONAL FACILITIES AND MEDIAN A.R~A~ AND MAINTE'NANC~ OF
CONSERVATION OR I~R.~£Rv~ AR.~AS, AND F..STABLISI~:NT OF CAII'ITAL
RESERV~ lrUN~ FOR THE MAINTI~_NANC'~ O!r CONSERVATION OR PRESERVE
AREAS, U.S. 41 gERMS, STR~E'T SIGNAG~: I~I~LAC~MENTs WITHIN THI~. M~DIAN
AREAS AND LANDSCAPING IM~PROVI:M-~NTs TO U.S. 41 ENTRANCK~ ALL
WITHIN THE PELICAN BAY MU~ICII~AL SERVIC"~ TAXING AND BI:NEFIT UNIT.
WHEREAS, the Pelican Bay Improvement
I~ provisi~ of ~a~ 74~62, ~ of ~, as a~ ~ w~ v~ ~ ~ ~ a~ au~ty lo ~ a~
collect s~cial as~s~nts a~ charg~ agsi~t real
WHE~. ~ ~rd of C~n~ Co~ssi~ of Coll~
~:1 fu~m of~ Pelion Bay l~ov~t Dis~
WIIERE~ ~ Pel~n Bay I~mv~ Divot c~l~ co~n of c~in
i~rove~ts in ~cmda~e ~lh t~ Plan of R~la~i~ of t~ Pelican Bay l~ov~nt Dismct a~ such
in~r~e~nt~ are ~n~tly in ~al~: a~
~E~AS, ~ ~s ~ of S~i~ a~led a plan of di~luti~ f~ ~e Dis~ ~sf~ing title to
all pt~ny owned by ~ Dis~ct to Colli~ C~n~, i~l~in~ the wa~ ~nag~l syst~: end
WllEREAS, !~ B~rd of C~n~ C~~ ~ed ~i~e No. ~-I II ~atin~ t~ ~lican Bay
Municipal ~ice Taxing a~ B~t Unit whkh ~ ~e ~ of ~lal a~: and
Wil EREAS. t~ ~elimi~ As~l Roll f~ ~e of t~ ~1~ ~nal~l s~ ~auti~csti~
of tecreati~al faciliti~ ~ ~ a~, a~ ~e of c~ti~ ~ ~ ~ ~ emblis~l of
~npilal Re~e Fu~ f~ I~ stmin~ of~l~
wi~in the ~dian sreu a~ h~l
Taxing a~ B~e~t Unit ~ ~ ~ wi~
~E~ ~ ~ of~
~te, ti~ and pb~ for ~ ~bl~ ~g
a~s~t mil to util~ ~ ~if~ ~ of~l~ ~t to ~ 197.3632, ~ Sams~;
WHK~ ~ ~bl~ ~n$ ~ ~ly ~e~ ~ ~larly ~ at ~ F~6~ ~, 8962
H~k O~ ~ve, Napl~ ~ ~~ st 6:~ P.M. ~ ~tem~ 2, 1~8.
NOW, ~E~FO~ BE IT ~L~D BY ~E ~ OF CO~ CO~SSIO~ OF
COLLIER COUNt, ~D~ Ihat:
~y M~ki~i ~ T~ ~ ~1
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I 3s~es,~ed agamsl the lots and plrcels oi' lind Io be benefited and Is fo the equlliz~tlon of such assessments on a basis of
2 juqice and right, does hereby confirm such preliminary assessment mil and make il final and adopt same as the final
3 non-ad raimon1 assessment rna! tot the purped~ of using the uniform method of ¢ollectim~.
4 'lhe Iotal special ass, essment for maintenance of Ihe water management system and the heautifJcatmn of lite
5 recreational areas and median areas, and maintenance ol'¢onse~tion or preseln~e areas is SI,461,800.00 which equales to
6 S 18R.48 pet Equivalent Residential Unil based on 77:55.93 asmble units.
The total assessment for the establishment of CJpi~l Roseate Funds for the ma/ntenance and restoration of fhe
X t'em',a.'~ vaticm (~ preserve areas. U.S. 41 berm impfovementa within Ihe l)islrict, slr~l sign replacement w~thin Ibc mcdta,
q area~, iandscal~nI improvements and U.S. 41 entrance improvements within the DistrkL utiltZmg an F. qutvalem
ltl Re~s, lemial tlnft ba.~'d melhodology. 'llse total assessmen~ fa these Ca,iai R~e Funds fog the mamlcnance and
I I restoration and landscaping imptovcrnents is S649,700.00 which equates Io S83.'/7 pet Equivalent Residential Unit based
12 on 775.%93 assessable units. The total assessments against the bonef'~'d ~ ate described and set forth in the
13 preliminary assessment roll (non.ad valmem assesm.,em roll) attached hereto as Exh~it "A' and incorT, orated herein. The
14 Board hereby cunfirms tim special assessments and the a.ached Exhibit "A" is the final assessment roll (non*ad valorem
I ? as~essmen! roll).
1¢~ ~;~.C'I'ION TWO S,ch as~.essments are hereby found sod determined to be levied in direct proporhon lo Ihe special and
I? po~st,,..e benefits to be received by the properties listed in the i:~eliminery assessmem roll (non-ad valorem assessment
IX foil), which is attached hereto as £xhibil "A' and are located within the Pelican Bay Municipal Service Taxing and
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Bcncfi! T!ni! v, hich is ~.~crihed as follows:
A tract of' land being in portions of Sections 32 and 33. Township 48 South. Range 25 East;
Iogethe~ wdh p~rtions of S<'ctions 4. :5. 8 and ~. Township 49 South. Range 25 East. Collier
County. Florida. being one and the same as the lands encompassed by the Pehean Bay
lmptovemet~ District. the per, meter boundary of same more particularly described as follows:
Commencing at the Southeast comer of said Section 33: thence South 89 degrees :59 minutes 50
seconds West alm.~ the South line of Section 33 a distance of 150.02 feet to a point on the West
right.of-w-ay line of U.S. 41 (State Road 45), said point aim being the Point of Beginning; thence
,~utherly along the West right-of-way line of said U. S. 41 (State Road 4:5) the following courses:
South O0 degn'ees :sg minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees :5:5
minules 41 seconds East a distance of 3218.29 feel; thence South Ol degrees O0 minutes 29
seconds F. anf I distsnce of 321g.56 feet; thence' ,South 00 delrees :59 minutes 03 se~unds East a
distance of 2626.21 feet; thence ,South OI degrees O0 minuttn 18 seconds Easl x distance of
2555.75 feet to a point on the North right-of, way line of Pine Road as recorded in D.B. 50, Page
490. arnon~ the Public Records of said Collier County; thence deporting said U.S. 41 (State Road
45) South 89 degrees 09 minutes 45 seconds West along said Notch right..of-way line i distsnce of
2(,62.61 tee't; thence South O0 degrees :51 minutes 44 seconds East a di~ance of 70.00 feel to a
point on the Noah line of Seagate Unit ! as recorded in Plat Book 3, Page 85 xrnon$ said Ptsblic
Records; thence Sou~ 89 degrees 09 minutes 45 seconds West slong said North line of Seagate
Unit I and the South line of said Sectkm 9 a distance of 2496.6'/feet to the South~t cra'ncr of
~aid Secfiun q: thence continue South 89 del~ree~ 09 mim~tes 45 K~msds Weal a dislance of 225
fca! more m kss to a point on the mean high water line established May 15. 1968: l}K-nce n
No~hwesledy direction along said mean hilh water line n distance 15'/16 feet more ov less: them:e
departing said mean high wltet line ,South I0 degreel 29 minutes 30 seconds East und along the
.e, omheTly line of Vanded)iN Beach Road (State Road 8621 ss recorded m D.B. 1:5, Page 121 among
said Public Records a distance og'7385 feet more m' less to a poml on said Weal right, of. way line of
U. S. 41 (State Road 4:5): thence South OO degzens :58 minutes 36 seeoods East along said West
right-of-way line a dis~nce of' 25'/4.36 feet to the Point of B~mning.
49 ~. Upon ado~ion of this Resolution any assessraent may be paid at the Of 1Tce of the Clerk within
2
1998
Statutes. or any succe~ statutes authorizinI the collectkm of tach issessm~nts o~ the same bill is ad valorem taxes.
~hich shall be biBed with [he ad valorem laxe~ that become payable em Nm, emher i. 1998 and dclinqucm m~ Aprd I.
[;£C'I'ION FOUR. lhc a.sses~ment shall be final and conclusive as to each Im or parcel as~,ssed and any ohjectmns
against the n',~king of any assemble improvements no~ so made dull he considered as waived, and if Iny objectmn shall
~ ns:adc and overruled of shill no( he lUStlinc~ the IId(q)liofl Of this resolute II~iflI the final asleslmem shall be Ih,'
Gnal adjtl(liclll(wl olr Ihe issues lweseflled ii111e'~l ~ Ile'~l Ihall he IIk~ll in · coud of comtx'fem jurisdicfiem to secure
I¢lief within IW~ly (2OI days fiOflll the ~k}pliOll oflhh Reaolut~fl.
,~....~. All ns~'~menu shah cem~itute · lien upon the property so a~eued from the date of cemfirmatmn of
thi,~ Resolution of tbe same nature and Io the same extenl as the lien fo~ ~enernl coun;y taxe~ fallin[: duc in Ihe same year
or years in which such a~k.~smem falls due, and any assessmem no~ paid when due shall be collected pursuant to Chapter
IqT. Florida Statutes. in the same manner as properly tnxe~ ate collected.
~~, The Clerk is hereby directed to record this Resolution and all Exhibits a~acbed he.no in the O~c~al
14 Rccmds of Collier County.
I.~ ~.,~. This Re~lmiem shall become effective itra'nediately upon its psssage.
16 This Re~olulicm adopled this ~ day of Sel~embtn'. 1998, after rn~io~ second and majority vote.
17
IR DATED:
I 0
20 ATTEST:
21 DWIGttT E. BROCK. CLERK
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2R Approved as to form and
20 legal sufficiency:
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3. ~"-l~'a'.Tid C. ~Veigel
3} ('ounly Allorncy
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BOARD OF COLffqTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
BARBARA B. BERRY
CIIA1RMAN
O!
SEP - 2 t998