Resolution 2002-141
178
RESOLUTION NO. 2002-~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELATING TO THE CONSTRUCTION OF A
WATER LINE AND RELATED WATER FACILITIES TO SERVICE THIRTY-
THREE LOTS ALONG PRICE STREET - BAREFOOT WILLIAMS ROAD;
DETERMINING THE ESTIMATED CAPITAL AND PROJECT COST OF THE
WATER FACILITIES; DETERMINING THAT CERTAIN REAL PROPERTY WILL
BE SPECIALLY BENEFITED BY THE CONSTRUCTION OF WATER
FACILITIES; ESTABLISHING THE METHOD OF ASSESSING THE COST OF
CONSTRUCTING THE WATER FACILITIES AGAINST THE REAL PROPERTY
THAT WILL BE SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER
TERMS AND CONDITIONS OF THE ASSESSMENTS; DIRECTING THE
COUNTY MANAGER TO PREPARE A TENTATIVE ASSESSMENT ROLL
BASED UPON THE METHODOLOGY SET FORTH HEREIN; ESTABLISHING A
PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED
ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING
THE PROVISION OF NOTICE IN CONNECTION THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS FOLLOWS:
ARTICLE I
DEFINITIONS AND INTERPRETATION
SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the
following meanings, unless the context hereof otherwise requires.
"Adjusted Prepayment Amount" means the amount required to prepay the Capital Assessment for
each Tax Parcel located in the Benefit Area (1) following issuance of the Original Obligations, as
computed pursuant Section 3.04(B) hereof and revised annually pursuant to Section 3.05(H) hereof,
and (2) following issuance of any Refunding Obligations, as computed pursuant Section 3.04(C)
hereof and revised annually pursuant to Section 3.05(H) hereof.
"Annual Debt Service Component" means the amount computed for each Tax Parcel pursuant to
Section 3.05(E) hereof.
"Assessment" means a non-ad valorem assessment roll for the Capital Assessments within the
Benefit Unit.
"Benefit Area" means that portion of the Price Street-Barefoot Williams Road Municipal Service
Taxing and Benefit Unit located within the proposed Price Street-Barefoot Williams Road Benefit
Area, as described in Section 3.01 hereof.
"Board" means the Board of County Commissioners of Collier County, Florida.
"Capital Assessment" means an annual special assessment imposed against property located
within the Benefit Area and related expenses, computed in the manner described in Section 3.05
hereof.
"Capital Cost" means all or any portion of the expenses that are properly attributable to the
acquisition, design, permitting, construction, installation, reconstruction, renewal or replacement
(including demolition, environmental mitigation and relocation) of the Water Facilities and imposition
of the Capital Assessments under generally accepted accounting principles; and including
reimbursement to the County for any funds advanced for Capital Cost and interest on any inter-fund
or intra-fund loan or other external loan mechanisms for such purposes.
"Collection Costs" means the estimated cost to be incurred by the County during any Fiscal Year
in connection with the collection of Assessments. To include but not limited to Property Appraiser
and Tax Collector fees, annual costs of updating and administering the assessment roll, and
maximum discounts allowed for early payment under the Uniform Assessment Collection Act.
"County" means Collier County, a political subdivision of the State of Florida.
"County Manager" Means the chief executive officer of the County, designated by the Board to be
responsible for coordinating special assessments, or such person's designee.
"Debt Service Amount" means the amount computed pursuant to Section 3.05(A) hereof.
"Final Assessment Resolution" means the resolution described in Section 3.05 of the Ordinance
that imposes Assessments within the Benefit Area.
"Fiscal Year" means the period commencing on October 1 of each year and continuing through the
next succeeding September 30, or such other period as may be prescribed by law as the fiscal year
for the County.
17B
"Funding Agreement" means the agreement pursuant to which the County agrees to deliver the
Obligations against payment therefore by the purchaser or underwriter of such Obligations.
"Initial Prepayment Amount" means the amount computed pursuant Section 3.04(A) hereof for
each Tax Parcel located in Benefit Area to prepay the Capital Assessment prior to issuance of the
Original Obligations.
"Local Improvement" means a capital improvement constructed or installed by the County for the
special benefit of a neighborhood or other local area, for which special assessments may be
imposed pursuant to the Ordinance.
"Maintenance Cost" means all expenses that are properly attributable to maintenance of the water
and wastewater facilities under generally accepted accounting principles.
"Modified Debt Service Amount" means the amount computed pursuant to Section 3.05(C)
hereof.
"Obligations" means Original Obligations or Refunding Obligations.
"Ordinance" means Ordinance No. 98-45.
"Original Obligations" means a series of bonds or other evidence of indebtedness including but
not limited to, notes, commercial paper, capital leases or any other obligations of the County issued
or incurred to finance any portion of the Project Cost of the Water Facilities and secured, in whole
or in part, by proceeds of the Capital Assessments.
"Prepayment Modification Factor" means the factor computed pursuant to Section 3.05(B)
hereof.
"Project Cost" means (A) the Capital Cost of the water facilities, (B) the impact fees or system
development charges as required by the water provider, (C) the Transaction Cost associated with
the Obligations attributable to the Water Facilities, (D) interest accruing on such Obligations for
such period of time as the County deems appropriate, (E) the debt service reserve fund or account,
if any, established for the Obligations attributable to the Water Facilities, and (F) any other costs or
expenses related thereto.
"Property Appraiser" means the Collier County Property Appraiser.
"Refunding Obligations" means a series of bonds or other evidence of indebtedness including but
not limited to, notes, commercial paper, capital leases or any other obligations of the County issued
or incurred to refund all or any portion of the Original Obligations or any indebtedness issued to
refinance the Original Obligations.
"Related Service" means the operation and maintenance of a Local Improvement.
"State" means the State of Florida.
"Statutory Discount Amount" means the amount computed for each Tax Parcel pursuant
to Section 3.05(F) hereof.
"Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a
distinct ad valorem property tax identification number.
"Tax Roll" means the real property ad valorem tax assessment roll maintained by the
Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Transaction Cost" means the costs, fees and expenses incurred by the County in
connection with the issuance and sale of any series of Obligations, including but not limited
to (A) rating agency and other financing fees; (B) the fees and disbursements of bond
counsel; (C) the underwriters' discount; (D) the fees and disbursements of the County's
financial advisor; (E) the costs of preparing and printing the Obligations, the preliminary
official statement, the final official statement, and all other documentation supporting
issuance of the Obligations; (F) the fees payable in respect of any municipal bond insurance
policy; (G) administrative, development, credit review, and all other fees associated with any
pooled commercial paper or similar interim financing program; and (G) any other costs of a
similar nature incurred in connection with issuance of such Obligations.
"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida
Statutes, or any successor statutes authorizing the collection of non-ad valorem
assessments on the same bill as ad valorem taxes, and any applicable regulations
promulgated thereunder.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words
importing the singular number include the plural number, and vice versa; the terms "hereof,"
"hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the
term "hereafter" means after, and the term "heretofore" means before, the effective date of
this Resolution. Words of any gender include the correlative words of the other gender,
unless the sense indicates otherwise.
SECTION 1.03. GENERAL FINDINGS. The Board legislatively finds and determines that:
(A) Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66,
Florida Statutes, grant to a Board of County Commissioners all powers of local self-
government to perform county functions and to render services for county purposes in a
manner not inconsistent with general law, or with special law approved by vote of the
electors, and such power may be exercised by the enactment of county ordinances.
(B) The Board has enacted the Ordinance to provide for the creation of municipal service
benefit units and authorize the imposition of Assessments to fund the acquisition and
construction of Local Improvements and the provision of Related Services to benefit the
property located therein.
(C) Construction of the Water Facilities constitutes a Local Improvement as contemplated by
the Ordinance.
(D) The Benefit Area consists of (33) lots along Price Street from the rear of the Shops at
Eagle Creek to Barefoot Williams Road and then north along Barefoot Williams Road to an
existing 8-inch water main.
(E) The property owners in the foregoing area requested the County to construct Water
Facilities to allow for construction on the referenced property. The Benefit Area is located in
the unincorporated area of Collier County, in Section 4 North, Township 51 South, Range 26
East, and is not platted in the Public Records of Collier County, Florida.
(F) The construction of such Water Facilities will serve a predominately public purpose and
improve the quality and appearance of all property located within the Benefit Area by
allowing the owners to proceed with construction, thereby providing a special benefit to such
property.
(G) The Assessments to be imposed in accordance with this Resolution provide an equitable
method of funding the acquisition, construction of the water facilities by fairly and reasonably
allocating the cost to specially benefited property.
ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED CAPITAL AND PROJECT COST.
(A) The estimated Capital Cost for the Water Facilities is $254,500.
(B) The estimated total Project Cost is $284,351.
(C) The Project Cost of the Water Facilities will be funded through the imposition of
Assessments against property located in the Benefit Area in the manner set forth in Article
III hereof. The annual maintenance cost for water facilities will be borne by Florida
Government Utility Authority upon conveyance of the facilities.
SECTION 2.02. ASSESSMENT ROLL. The County Manager is hereby directed to
prepare final estimates of the Capital Cost for the Water Facilities and to prepare the
preliminary Assessment Roll in the manner provided in the Ordinance. The County
Manager shall apportion the Project Cost among the parcels of real property within the
Benefit Area as reflected on the Tax Roll in conformity with Article Ill hereof. The estimates
of Capital Cost and the Assessment Roll shall be maintained on file in the offices of the
County Manager and open to public inspection. The foregoing shall not be construed to
require that the Assessment Roll be in printed form if the amount of the Assessment for
each Tax Parcel can be determined by use of a computer terminal available to the public.
SECTION 2.03. PUBLIC HEARING. The County Manager is hereby authorized to
establish the date and time of a public hearing to be held in the Collier County Commission
Chambers to consider (A) creation of the Benefit Area, (B) imposition of the Assessments,
and (C) collection of the Assessments pursuant to the Uniform Assessment Collection Act.
SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the materials required
by Section 2.02 hereof, the County Manager shall publish a notice of the public hearing
authorized by Section 2.03 hereof in the manner and the time provided in Section 3.04 of
the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix
A.
SECTION 2.05. NOTICE BY MAIL. Upon completion of the materials required by Section
2.02 hereof, the County Manager shall, at the time and in the manner specified in Section
3.03 of the Ordinance, provide first class mailed notice of the public hearing authorized by
Section 2.03 hereof to each property owner proposed to be assessed at the address
indicated on the Tax Roll. Such notice shall be in substantially the form attached hereto as
Appendix B.
ARTICLE III
ASSESSMENTS
SECTION 3.01. DESCRIPTION OF PROPOSED PROJECT AND BENEFIT AREA. The
Board proposes to create the Price Street-Barefoot Williams Road Benefit Area within the
Price Street-Barefoot Williams Municipal Service Taxing and Benefit Unit to encompass the
property located in the unincorporated area of Collier County, in Section 4 North, Township
51 South, Range 26 East, and is not platted in the Public Records of Collier County, Florida.
The Benefit Area is proposed for the purpose of improving the use and enjoyment of
property by funding the construction of Water Facilities to allow for construction on the
property located therein. The description of the proposed potable water improvements is the
construction of an 8-inch potable water main, with appropriate fire hydrant(s) and
appurtenances that will be installed along Price Street from the rear of the Shops at Eagle
Creek (about 400 feet south of US 41) to Barefoot Williams Road and then north about
1,200 feet along Barefoot Williams Road to an existing 8-inch water main for an entire length
of approximately 3,800 linear feet.
Folio Number Lot# Folio Number Lot# Folio Number Lot#
00729880006 82 00730080002 87 00728040009 34
00727600000 23 00728560000 46 00730120001 88
00726760006 2 00727360007 16 00729640000 77
00729960007 84 00728920006 60 00728480009 44
00730000008 85 00727800004 28 00727520009 20
00728240003 36 00730560001 99 00728160002 37
00727000008 8 00730040000 86 00727680004 25
00729400004 71 00730240004 91 00728520008 45
00729440006 72 00729560009 75 00727160003 11
00728280005 39 00729680002 76 00730200002 90
00727560001 22 00728800003 57 00727920007 31
SECTION 3.02. IMPOSITION OF CAPITAL ASSESSMENTS. Capital Assessments shall
be imposed against property located within the Benefit Area for a period of 10 years. The
first annual Capital Assessment will be included on the ad valorem tax bill to be mailed in
November 2003. When imposed, the Capital Assessment for each Fiscal Year shall
constitute a lien upon the Tax Parcels located in the Benefit Area, pursuant to the
Ordinance.
SECTION 3.03. APPORTIONMENT
The Board legislatively finds and determines that since use of the Water and Wastewater
Facilities will be substantially proportional to the total geographic area of each Tax Parcel, it
is fair and reasonable to apportion the costs of the project on a per lot basis.
SECTION 3.04. PREPAYMENT AMOUNTS.
(A) The Initial Prepayment Amount for each Tax Parcel located within the Benefit Area shall
be computed by determining the total Project Cost, and divided by the total number of
benefited Tax Parcels as described in Section 3.01
(B) Following issuance of the Original Obligations, an Adjusted Prepayment Amount for
each Tax Parcel, other than those Tax Parcels as to which the Capital Assessment has
been prepaid prior to issuance of the Original Obligations, shall be computed by multiplying
(1) the amount computed by dividing (a) the Initial Prepayment Amount established herein
for such Tax Parcel by (b) the aggregate Initial Prepayment Amounts for all Tax Parcels
within the Benefit Area, excluding those Tax Parcels as to which the Capital Assessment
has been prepaid prior to issuance of the Original Obligations, by (2) the principal amount of
the Original Obligations. The Adjusted Prepayment Amount for each Tax Parcel shall be
revised annually, as provided in Section 3.05(H) hereof.
(C) Following issuance of any Refunding Obligations, a new Adjusted Prepayment Amount
for each Tax Parcel, other than those Tax Parcels as to which the Capital Assessment has
been prepaid prior to issuance of such Refunding Obligations, shall be computed by
multiplying (1) the amount computed by dividing (a) the Adjusted Prepayment Amount for
such Tax Parcel by (b) the aggregate Adjusted Prepayment Amounts for all Tax Parcels
within the Benefit Area, excluding those Tax Parcels as to which the Capital Assessment
has been prepaid prior to issuance of such Refunding Obligations, by (2) the principal
amount of such Refunding Obligations. The Adjusted Prepayment Amount for each Tax
Parcel shall be revised annually, as provided in Section 3.05(H) hereof.
SECTION 3.05. COMPUTATION OF ANNUAL CAPITAL ASSESSMENTS. The annual
Capital Assessment shall be computed for each Tax Parcel in the manner set forth in this
Section 3.05.
(A) DEBT SERVICE AMOUNT. A "Debt Service Amount" shall be computed for each Fiscal
Year as the amount that would be payable in respect of the Obligations in accordance with a
debt service schedule wherein the principal and interest installments equal those
established in the Funding Agreement.
(B) PREPAYMENT MODIFICATION FACTOR. A "Prepayment Modification Factor" shall be
computed for each Fiscal Year by dividing (1) the amount computed by subtracting (a) the
sum of the Adjusted Prepayment Amounts, as of the date on which the Obligations are
issued by the County, for all Tax Parcels as to which prepayment has been made following
issuance of the Obligations, from (b) the total principal amount of Obligations initially issued
by the County, by (2) the total principal amount of Obligations initially issued by the County.
(C) MODIFIED DEBT SERVICE AMOUNT. A "Modified Debt Service Amount" shall be
computed for each Fiscal Year by multiplying (1) the Debt Service Amount by (2) the
Prepayment Modification Factor.
(D) ANNUAL DEBT SERVICE FACTOR. An "Annual Debt Service Factor" shall be
computed for each Fiscal Year by dividing (1) the Modified Debt Service Amount by (2) the
aggregate Adjusted Prepayment Amount.
(E) ANNUAL DEBT SERVICE COMPONENT. The "Annual Debt Service Component" shall
be computed for each Fiscal Year for each Tax Parcel by multiplying (1) the Adjusted
Prepayment Amount for such Tax Parcel by (2) the Annual Debt Service Factor.
(F) STATUTORY DISCOUNT AMOUNT. The "Statutory Discount Amount" shall be
computed for each Tax Parcel as the maximum discount allowed for early payment under
the Uniform Assessment Collection Act, such amount to be calculated by deducting (1) the
Annual Debt Service Component from (2) the amount computed by dividing (a) the Annual
Debt Service Component by (b) 0.96.
(G) CAPITAL ASSESSMENT. The annual Capital Assessment for each Tax Parcel shall be
computed as the sum of (1) the Annual Debt Service Component and (2) the Statutory
Discount Amount.
(H) REVISION OF ADJUSTED PREPAYMENT AMOUNT. Upon issuance of the ad valorem
tax bill for each Fiscal Year, the Adjusted Prepayment Amount for each Tax Parcel shall be
re-computed by deducting (1) the amount computed by (a) dividing (i) the principal
component of the Debt Service Amount utilized to compute the Debt Service Component for
the Assessment Roll by (ii) the total Debt Service Amount utilized to compute the Debt
Service Component for the Assessment Roll and (b) multiplying the result by the Annual
Debt Service Component included on the Assessment Roll for the Tax Parcel, from (2) the
Adjusted Prepayment Amount utilized to compute the annual Capital Assessment included
on the Assessment Roll for such Tax Parcel.
SECTION 3.06. INITIAL PREPAYMENT OPTION.
(A) On or prior to the thirtieth calendar day following the date on which the County adopts
the Final Assessment Resolution, the owner of each Tax Parcel subject to the Assessment
shall be entitled to prepay all future annual Capital Assessments upon payment of the Initial
Prepayment Amount. The Board, in its sole discretion, may elect to accept prepayments
pursuant to this Section 3.06 on any date prior to execution of the Funding Agreement.
(B) The amount of all prepayments made pursuant to this Section 3.06 shall be final. The
County shall not be required to refund any portion of a prepayment if the actual Capital Cost
of the water facilities is less than the estimated Capital Cost upon which such the Initial
Prepayment Amount was computed.
SECTION 3.07. ADDITIONAL PREPAYMENT OPTION.
(A) Before the thirtieth calendar day following the date on which the County adopts the Final
Assessment Resolution, or such later date as the Board may allow in its sole discretion, the
owner of each Tax Parcel subject to the Capital Assessments shall be entitled to prepay all
future unpaid annual Capital Assessments upon payment of an amount equal to the sum of
(1) the Adjusted Prepayment Amount for such Tax Parcel, and (2) interest on the Adjusted
Prepayment Amount, computed at a rate one full percentage point in excess of the rate on
the Obligations, from the most recent date to which interest on the Obligations has been
paid to the next date following such prepayment on which the County can redeem
Obligations after providing all notices required to redeem all or any portion of the
Obligations.
(B) During any period commencing on the date the annual Assessment Roll is certified for
collection pursuant to the Uniform Assessment Collection Act and ending on the next date
on which unpaid ad valorem taxes become delinquent, the County may reduce the amount
required to prepay the future unpaid annual Capital Assessments for the Tax Parcel by the
amount of the Capital Assessment that has been certified for collection with respect to such
Tax Parcel.
(C) The amount of all prepayments made pursuant to this Section 3.07 shall be final. The
County shall not be required to refund any portion of a prepayment if (1) the Capital Cost of
the Water Facilities is less than the amount upon which such Adjusted Prepayment Amount
was computed, or (2) annual Capital Assessments will not be imposed for the full number of
years anticipated at the time of such prepayment.
SECTION 3.08. MANDATORY PREPAYMENT.
(A) If at any time a tax certificate has been issued and remains outstanding in respect of any
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Tax Parcel subject to the Capital Assessment, the owner shall prepay all future unpaid
annual Capital Assessments for such Tax Parcel if the County, at its sole option, elects to
accelerate the Capital Assessment. The amount required to prepay the future unpaid
annual Capital Assessments will be equal to the sum of (1) the Adjusted Prepayment
Amount for such Tax Parcel, and (2) interest on the Adjusted Prepayment Amount,
computed at a rate one full percentage point in excess of the rate on the Obligations, from
the most recent date to which interest on the Obligations has been paid to the next date
following such prepayment on which the County can redeem Obligations after providing all
notices required to redeem all or any portion of the Obligations.
(B) During any period commencing on the date the annual Assessment Roll is certified for
collection pursuant to the Uniform Assessment Collection Act and ending on the next date
on which unpaid ad valorem taxes become delinquent, the County may reduce the amount
required to prepay the future unpaid annual Capital Assessments for the Tax Parcel by the
amount of the Capital Assessment that has been certified for collection with respect to such
Tax Parcel.
(C) The amount of all prepayments made pursuant to this Section 3.08 shall be final. The
County shall not be required to refund any portion of a prepayment if (1) the Capital Cost of
the Water Facilities is less than the amount upon which such Adjusted Prepayment Amount
was computed, or (2) annual Capital Assessments will not be imposed for the full number of
years anticipated at the time of such prepayment.
SECTION 3.09. REALLOCATION UPON FUTURE SUBDIVISION.
(A) Upon subdivision of any Tax Parcel located within the Benefit Area that is subject to the
Capital Assessment, and compliance with the conditions set forth below, the Initial
Prepayment Amount for such Tax Parcel (or, if the Obligations have been issued, the
Adjusted Prepayment Amount for such Tax Parcel) shall be reallocated among the
subdivided parcels.
(B) In order to have the Initial Prepayment Amount for such Tax Parcel (or, if the Obligations
have been issued, the Adjusted Prepayment Amount for such Tax Parcel) reallocated in
connection with any such subdivision, the owner shall be required to apply to the County
and comply with each of the following conditions:
(1) a recorded plat, approved site plan or comparable document must be provided to the
County sufficient in detail to describe adequately the location of the Tax Parcel and the
individual parcels in the proposed subdivision;
(2) the Property Appraiser must have assigned distinct ad valorem property tax identification
numbers to each individual subdivided parcel or committed in writing to assign such
numbers prior to the next ensuing August 1 or any later date approved by the County that
will not prevent timely certification of the Assessment Roll in accordance with the Uniform
Assessment Collection Act;
(3) at the expense of the property owner, an appraisal must be provided by a County-
approved "certified general appraiser," as defined in Section 475.611 (g), Florida Statutes,
which indicates the fair market value of the Tax Parcel prior to the subdivision and the fair
market value of each individual subdivided parcel; in determining the fair market value of the
individual subdivided parcels, the appraiser may take into consideration any infrastructure
improvements that are then under construction if funds sufficient for their completion are
secured to the satisfaction of the County Attorney;
(4) a proposed reallocation of the Initial Prepayment Amount (or, if the Obligations have
been issued, the Adjusted Prepayment Amount) to each individual parcel must be provided
to the County; provided however, that no portion of the Initial Prepayment Amount (or, if the
Obligations have been issued, the Adjusted Prepayment Amount) may be reallocated to
property proposed for dedication to the public or to common use of the subdivided parcels;
(5) the fair market value of each separate parcel after the subdivision must be at least five
times the Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted
Prepayment Amount) reallocated thereto; and
(6) the property owner shall pay an assessment reallocation fee to the County for each
individual parcel resulting from the subdivision, in an amount to be established by resolution
of the Board of County Commissioners.
(C) If the owner of any Tax Parcel subject to the Capital Assessment subdivides such Tax
Parcel and fails to comply with the foregoing conditions, the County shall reallocate the
Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted
Prepayment Amount) among the subdivided parcels, based upon the land value, without
improvements, assessed to each subdivided parcel by the Property Appraiser. At its sole
option, the County may obtain an appraisal of the subdivided parcels at any time and
reallocate the Initial Prepayment Amount (or, if the Obligations have been issued, the
Adjusted Prepayment Amount) based upon the land value, without improvements, reflected
in the appraisal. If an appraisal is obtained, the cost of the appraisal will be allocated among
the subdivided parcels on the basis of the value reflected therein and added to the Capital
Assessment for each subdivided parcel in the Fiscal Year following receipt of the appraisal.
The Board legislatively finds and determines that the foregoing method of reallocating the
Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted
Prepayment Amount) among subdivided parcels is fair and reasonable, taking into
consideration the opportunity for reallocation available to the owner and the requirement to
provide adequate security for the Obligations.
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. METHOD OF COLLECTION. The Assessments shall be collected
pursuant to the Uniform Assessment Collection Act.
SECTION 4.02. SEVERABILITY. If any clause, section or provision of this Resolution
shall be declared unconstitutional or invalid for any reason or cause, the remaining portion
of said Resolution shall be in full force and effect and be valid as if such invalid portion
thereof had not been incorporated herein.
SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon
its adoption.
DULY ADOPTED this/2~- day of ~~~_, 2002.
By:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FI. ORIDA
JAblES N. COLETTA, CHAIRMAN
(SEAL)
Approvod as to I$$al form
and sufficiency
Thomas C. PaJ44ner
Assistant County Attorney
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
To Be Published
[INSERT MAP OF BENEFIT AREA]
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF SPECIAL
ASSESSMENTS IN THE PRICE STREET-
BAREFOOT WILLIAMS ROAD BENEFIT
AREA
Notice is hereby given that the Board of Commissioners of Collier County will conduct a
public hearing to consider creation of the Price Street-Barefoot Williams Road Municipal Service
Benefit Unit, as shown above, and imposition of special assessments for the construction of
water facilities. The hearing will be held at 9:00 a.m. on March 12, 2002, in the Board of County
Commissioners Meeting Room, Administration Building, Third Floor, County Government
Complex, 3301 East Tamiami Trail, Naples, Florida, for the purpose of receiving public
comment on the proposed Benefit Area and assessments. All affected property owners have a
right to appear at the hearing and to file written objections with the County Commission within
20 days of this notice. If a person decides to appeal any decision made by the Board of County
Commissioners with respect to any matter considered at the hearing, such person will need a
record of the proceedings and may need to ensure that a verbatim record is made, including the
testimony and evidence upon which the appeal is to be made. In accordance with the
Americans with Disabilities Act, persons needing a special accommodation or an interpreter to
participate in this proceeding should contact the County Manager at (941) 774-6383 at least
seven days prior to the date of the hearing.
The assessment for each parcel of property will be based upon a per lot basis. The
geographic area of each parcel of property is set forth in the Initial Assessment Resolution to be
adopted by the County Commission on March 12, 2002. Copies of the Initial Assessment
Resolution and the preliminary Assessment Roll are available for inspection at the office of the
County Manager, located at Administration Building, Second Floor, County Government
Complex, 3301 East Tamiami Trail, Naples, Florida.
The assessments will be collected on the ad valorem tax bill, as authorized by Section
197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be
issued against the property that may result in a loss of title. The County Commission intends to
collect the assessments in ten (10) annual installments, the first of which will be included on the
ad valorem tax bill to be mailed in November 2003.
If you have any questions, please contact the Public Utilities Administrator at (941) 732-
2540.
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
178
APPENDIX B
FORM OF NOTICE TO BE MAILED
COLLIER COUNTY PUBLIC UTILITIES DIVISION, BUILDING H,
THIRD FLOOR, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, (941) 732-2575
February 22, 2002
[Property Owner Name]
[Street Address]
[City, State and zip]
Re: Parcel Number [Insert Number]
Price Street-Barefoot Williams Road Benefit Area
Dear Property Owner:
As you should be aware, the Board of County Commissioners is considering creation of the
Price Street-Barefoot Williams Road Municipal Service Benefit Unit for the construction of water
facilities. The cost of the water facilities will be funded by assessments against property within
the Benefit Area. The assessment for each parcel of property is based on a per lot basis. The
geographic area of each parcel of property is set forth in the Initial Assessment Resolution to be
adopted by the County Commission on March 12, 2002. Copies of the Initial Assessment
Resolution and the preliminary Assessment Roll are available for your review at the offices of
the County Manager, located at Administration Building, Second Floor, County Government
Complex, 3301 East Tamiami Trail, Naples, Florida.
The County intends to issue debt to finance this assessment project. This will permit the
capital cost attributable to your property to be amortized over a period of ten (10) years.
However, on or prior to the thirtieth calendar day following the date on which the County
adopts the final assessment resolution, you may choose to prepay your assessment in full
($7,712.12 this is the tentative cost to cover your share of the capital cost) and avoid the
additional financing cost.
If you do not choose to prepay on or prior to the thirtieth calendar day following the date
on which the County adopts the final assessment resolution, the amount necessary to pay
your assessment in full will be increased by your share of the financing cost.
The annual assessment will include your share of the principal, interest, collection cost,
and the maximum discount allowed for early payment under the Uniform Assessment
Collection Act. The maximum annual assessment is estimated to be $1,344.19 per lot.
However, the actual annual assessment cannot be determined until the debt is secured and
then the assessment may be lower. The County intends to include annual assessments on
your ad valorem tax bill. Failure to pay your assessments will cause a tax certificate to be
issued against the property that may result in a loss of title.
The Board of County Commissioners will hold a public hearing at 9:00 a.m. on March 12,
2002, in the Board of County Commissioners Meeting Room, Administration Building, Third
Floor, County Government Complex, 3301 East Tamiami Trail, Naples, Florida, for the
purpose of receiving comments on the proposed Benefit Area and the assessments,
including collection on the ad valorem tax bill. You are invited to attend and participate in
the hearing. You may also file written objections with the County Commission prior to or
during the hearing. If you decide to appeal any decision made by the Board of County
Commissioners with respect to any matter considered at the hearing, you will need a record
of the proceedings and may need to ensure that a verbatim record is made, including the
testimony and evidence upon which the appeal is to be made. In accordance with the
Americans with Disabilities Act, if you need a special accommodation or an interpreter to
participate in this proceeding, please contact the County Manager at (941) 774-8383 at least
seven days prior to the date of the hearing.
Questions regarding your assessment and the process for collection may be directed to the
Public Utilities Administrator at (941) 732-2540.
17B
COLLIER COUNTY PUBLIC UTILITIES DIVISION, BUILDING H,
THIRD FLOOR, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA
* * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE* * * * *
Municipal Service Benefit Unit
[Property Owner Name]
Parcel Number [Insert Number]
Prepayment amount before loan is issued (no financing cost): [$7',712.12]
Number of annual payments for capital cost: [10]
Maximum annual payment for capital cost: [$1,344.19]
Expected date of first bill: November 2003
* * * * * .SEND NO MONEY NOW. THIS IS NOT AN INVOICE* * * * *
lO