Resolution 1996-299
JUN 2 5 1996
RBSOLUTION NO. '6-299
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
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 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.
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 etreet lighting, water management, extraordinary law
enforcement service and beautification, inclUding but not limited
to beautification of recreational facilities, sidewalk, street and
median areas and the maintenance of conservation or preserve
areas; and
WHEREAS, Section 197.3632, Florida statutes, requires that a
public hearing be held to adopt a non-ad valorem assessment roll
tor 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 of law.
SECTION TWO. It is hereby found and determined that a special
assessment which includes the establishment of Capital Reserve
Funds tor the maintenance of the water management system,
beautification of recreational facilities and median areas, and
maintenance ot conservation or reserve areas within the Pelican
Bay Municipal Service Taxing and Benefit Unit is necessary tor
funding the required payments for the operation, repair and
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JUN 2 5 1996
maintenance of the water management system, beautification of
recreational facilities and median areas, and maintenance of
conservation and preserve areas during Fiscal Year 1996-1997.
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 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
1996-1997 between the County and each property owner of land
within the Pelican Bay Municipal Service Taxing and Benefit Unit
will be held on August 14, 1996 at 6:00 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 ar.y 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 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 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
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JUN 2 5 1996
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 August 14, 1996 at 6:00
P.M., The Foundation Center, 8962 Hammock Oak Drive, Naples,
Florida, for 'the purpose of hearing 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 median
areas 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
Benef i tUn! t, the perimeter boundary of same more
particularly described as follows:
Commencing at the Southeast corner of said Section
33; thence South 89 degrees 59 minutes 50 seconds
West along the South l"ne 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 Beqinning; thence Southerly
along the West right-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 teet; 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 deqrees
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
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JUN 2 5 1996
North right-of-way line of Pine Road as recorded in
D.B. 50, Page 490, among the Public Records of said
Collier County; thenca 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 corner 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 right-of-way line of U. 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 Off ice, County Government
Center, Administration Building, Fourth Floor, 3301 East Tamiami
Trail, Naples, Florida and in the off ices 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 right to appear and be
heard at the public hearing and to file written 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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JUN 2 5 1996
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 benet1 ta which the Board decidu each auch 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 wi thin 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 $1,366,500.00
which equates to $176.9413 per Equivalent Residential Unit based
on 7,722.90 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 $662,300.00 which equates to
$85.7579 per Equivalent Residential Unit based on 7,722.90
assessable units.
The special assessment (non-ad valorem assessment) will be
collected by the Collier County Tax Collector on the owner's ad
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JUN 2 5 1996
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JOHN C. NORRIS, 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
permanent record in his office.
SECTION SIX. This Resolution shall become effective immediately
upon its passage.
This Resolution adopted this ~ day of ~, 1996, after
moticm, second and majority vote.
'ATTEST:
. , DWIGHT ,E:' BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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County Attorney
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