Resolution 2000-259
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RESOLUTION NO. 2000-259
A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE
PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT
(NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE
PROPERTIES 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 OR PRESERVE AREAS, AND ESTABLISHMENT OF
CAPITAL RESERVE FUNDS FOR THE MAINTENANCE OF
CONSERV ATION 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.
WHEREAS, the Board of County Commissioners adopted Collier County Ordinance
No. 90-111, as amended, creating the Pelican Bay Municipal Service Taxing and Benefit Unit
for the purpose of providing street lighting, water management, extraordinary law enforcement
service and beautification, including but not limited to beautification of recreational facilities,
sidewalk, street and median areas, identification markers, the maintenance of conservation or
preserve areas and to fmance the landscaping beautification of only that portion of U. S.41 from
Pine Ridge Road to Vanderbilt Beach Road;
WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to
adopt a non-ad valorem assessment roll for purposes of utilizing the uniform method of
collection.
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 Ordinance No. 90-
111, as amended, and other applicable provisions oflaw.
SECTION TWO. It is hereby found and determined that a special assessment which includes
the establishment of Capital Reserve Funds for the maintenance of the water management
system, beautification of recreational facilities and median areas, and maintenance of
conservation or reserve areas within the Pelican Bay Municipal Service Taxing and Benefit Unit
is necessary for funding the required payments for the operation, repair and maintenance of the
water management system, beautification of recreational facilities and median areas, and
maintenance of conservation and preserve areas during Fiscal Year 2000-2001.
SECTION THREE. A public hearing before the Board of County Commissioners on the
preliminary assessment roll (non-ad valorem assessment roll) of the estimated costs, including
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Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms
within the boundaries of the Unit, street sign replacements within the median areas, landscaping
improvements within the boundaries of the District, landscaping improvements to the U.S. 41
entrances within the boundaries of the Unit, the maintenance of the water management system,
and beautification of recreation facilities and median areas, during Fiscal Year 2000-2001
between the County and each property owner of land within the Pelican Bay Municipal Service
Taxing and Benefit Unit will be held on September 13, 2000 at 7:00 P.M. at The Foundation
Center, 8962 Hammock Oak Drive, Naples, Florida, at which time the Board of County
Commissioners will hear objections of the owners of the properties within the Pelican Bay
Municipal Service Taxing and Benefit Unit or other persons interested therein, to the adoption of
the preliminary assessment roll (non-ad valorem assessment roll). 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 lot or parcel of land within the Unit, the name and post office address
of such person, firm or corporation, together with the brief description or designation of such lot
or parcel. The Clerk shall cause the notice of such public heating to be published one time in the
Naples Daily News, a newspaper published in Collier County and circulating in the Unit, not less
than twenty (20) days prior to said date of the hearing. Notice of such public hearing to consider
the adoption of the preliminary assessment roll (non-ad valorem assessment roll) shall also be
mailed first class mail to all the property owners on the preliminary assessment roll (non-ad
valorem assessment roll) at the address provided for on said roll.
SECTION FOUR. Notice of such hearing shall be in substantially the following form:
NOTICE
Notice is hereby given that the Board of County Commissioners of Collier County,
Florida, will meet on September 13, 2000 at 7:00 P.M., The Foundation Center, 8962
Hammock Oak Drive, Naples, Florida, for the purpose of heating objections, if any, of all
interested persons to the adoption of the preliminary assessment roll (non-ad valorem assessment
roll) allocating the assessable costs including Capital Reserve Funds for the maintenance of
conservation or preserve areas, U.S. 41 berms within the boundaries of the Unit, street sign
replacements within the median areas, landscaping improvements within the boundaries of the
Unit, landscaping improvements to the U.S. 41 entrances within the boundaries of the Unit, the
maintenance of the water management system, and beautification of recreation facilities and
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median areas
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within the Pelican Bay Municipal Service Taxing and Benefit Unit which
comprises and includes those lands described as follows:
A tract of land being in portions of Sections 32 and 33, Township 48 South,
Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South,
Range 25 East, Collier County, Florida, being one and the same as the lands
encompassed within the Pelican Bay Municipal Service Taxing and Benefit Unit, the
perimeter 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 along the South line of Section 33 a distance of 150.02 feet
to a point on the West right-of-way line of U.S. 41 (State Road 45), said point also being
the Point of Beginning; thence Southerly along the West fight-of-way line of said U.S.
41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East
a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of
3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56
feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet;
thence South 01 degrees 00 minutes 18 seconds East a 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, among the
Public Records of said Collier County; thence departing said U.S. 41 (State Road 45)
South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a
distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance
of 70.00 feet to a point on the North line of Seagate Unit 1 as recorded in Plat Book 3,
Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds
West along said North line of Seagate Unit 1 and the South line of said Section 9 a
distance of 2496.67 feet to the Southwest comer of said Section 9; thence continue South
89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on
the mean high water line established May 15, 1968; thence a Northwesterly direction
along said mean high water line a distance 15716 feet more or less; thence departing said
mean high water line South 80 degrees 29 minutes 30 seconds East and along the
Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page
121 among said Public Records a distance of 7385 feet more or less to a point on said
West fight-of-way line ofU. S. 41 (State Road 45); thence South 00 degrees 58 minutes
36 seconds East along said West right-of-way line a distance of 2574.36 feet to the Point
of Beginning.
A copy of the preliminary assessment roll (non-ad valorem assessment roll) for each lot
or parcel of land to be assessed is on file at the Clerk to the Board's Office, County Government
Center, W. Harmon Turner Building, Fourth Floor, 3301 East Tamiami Trail, Naples, Florida
and in the offices of the Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 605, Naples,
Florida, and is open to the inspection of the public.
All affected property owners have a fight to appear and be heard at the public hearing and
to file wfitten objections to the adoption of a resolution approving the preliminary assessment
roll (non-ad valorem assessment roll) with the Board within 20 days of this notice based upon the
grounds that it contains items which can not be properly assessed against property, that the
computation of the special assessment is incorrect, or there is a default or defect in the passage or
character of the resolution, or the preliminary assessment (non-ad valorem assessment) is void or
voidable in whole or part, or that it exceeds the power of the Board. At the completion of the
hearing, the Board shall either annul or sustain or modify in whole or in part the preliminary
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assessment (non-ad valorem assessment) as indicated on such roll, either by confirming the
preliminary assessment (non-ad valorem assessment) against any or all lots or parcels described
therein or by canceling, increasing, or reducing the same, according to the special benefits which
the Board decides each such lot or parcel has received or will receive on account of such
improvements. The assessment so made shall be final and conclusive as to each lot or parcel
assessed unless proper steps are taken within twenty (20) days with a court of competent
jurisdiction to secure relief.
The Board will levy a special assessment (non-ad valorem assessment) for operations
and maintenance of the water management system and the beautification of the recreational areas
and median areas, and maintenance of conservation and preserve areas utilizing an Equivalent
Residential Unit based methodology. The total assessment for maintenance of the water
management system, beautification of recreational facilities, and median areas, and maintenance
of conservation or preserve areas is $1,823,800.00 which equates to $ 234.51 per Equivalent
Residential Unit based on 7777.09 assessable units.
The Board will levy a special assessment (non-ad valorem assessment) for the
establishment of Capital Reserve Funds for the maintenance and restoration of the conservation
or preserve areas, U.S. 41 berm improvements within the Unit, street sign replacement within the
median areas, landscaping improvements and U.S. 41 entrance improvements within the Unit,
utilizing an Equivalent Residential Unit based methodology. The total assessment for these
Capital Reserve Funds for the maintenance and restoration and landscaping improvements is
$386,000.00 which equates to $49.63 per Equivalent Residential Unit based on 7777.09
assessable units.
The special assessment (non-ad valorem assessment) will be collected by the Collier
County Tax Collector on the owner's ad valorem tax bill pursuant to Section 197.3632, Florida
Statutes. Failure to pay the special assessment (non-ad valorem assessment) and your property
taxes will cause a tax certificate to be sold against the property which may result in a loss of title
to the property.
Any person who decides to appeal a decision of the 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.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY J. CONSTANTINE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By:/s/Maureen Kenyon Deputy Clerk
(SEAL)
SECTION FIVE. The Clerk is hereby ordered and directed to spread this Resolution in full
among the minutes of this meeting for pennanent record in his office.
SECTION SIX. This Resolution shall become effective immediately upon its passage.
This Resolution adopted this 1st day of August, 2000, after motion, second and majority
vote.
ATTEST:
DWIGHT E. BROCK, CLERK
Approved 'as to form and
~lega! sufficiency: .
~ David ~SWeigel
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER CO~A
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