Resolution 1996-378
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1ll1Zl0 RESOLUTION NO. 96- ~
A RES.';.~UTION APPROVING THE PRELIMINARY ASSESSMENT
ROLL AS THE FINAL ASSES SIlENT ROLL AND ADOPTING SAME
AS 1';iE 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 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.
AU6 H 1996
mf!! 1120.00
WHEREAS, the Pelican Bay Improvement Dietrict (hereinafter
"District") was created and operated pursuant to the provisions
of Chapter 74-462, Laws of Florida, as amended, and was vested
with the power and authority to levy and collect special
assessments and charges against real property with the
District; and
WHEREAS, the Board of County Commissioners of Collier
County, Florida, on June 19, 1990 succeeded to the principal
functions of the Pelican Bay Improvement District pursuant to
Chapter 74-462, Laws of Florida; and
WHEREAS, the Pelican Bay Improvement District completed
construction of certain water management improvements in
accordance with the Plan of Reclamation of the Pelican Bay
Improvement District and such improvements are currently in
operation; and
WHEREAS, the District's Board of Supervisors adopted a
plan of dissolution for the District transferring title to all
property owned by the District to Collier County, including the
water management system; and
WHEREAS, the Board of County Commissioners adopted
Ordinance no. 90-111 creating the Pelican Bay Municipal service
Taxi!1g and B~mefit Unit ,;:h.:ch permits the leT; of special
assessments; and
WHEREAS, the Preliminary Assessment Roll for maintenance
of the water management system, beautification of recreational
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AUG 1 4 1996
facilities and median areas, and maintenance of conservation or
preserve ar,' J.s, and establ ishment of Cap! tal Reserve Funds for
the maint~nance of conservation or preserve areas, U.s. 41
berms, street signage replacements within the median areas and
landscaping improvements to U.s. 41 entrance., all within the
Pelican Bay Municipal Service Taxing and Benefit Unit has been
tiled with the Clerk to the Board; and
WHEREAS, the Board of County Commissioners on June 13,
1996 adopted Resolution No. 96-299 fixing the date, time and
place for the public hearing to a?prove the preliminary
assessment roll and to adopt the non-ad valorem assessment roll
to utilize the uniform method of collection pursuant to Section
197.3632, Florida Statutes;
WHEREAS, said public hearing was duly advertised and
regularly held, at The Foundation Center, 8962 Hammock Oak
Drive, Naples, Florida, commencing at 6:00 P.M. on August 14,
1996.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. The Board, having met to receive and consider the
written objections of the property owners and other interested
persons appearing before the Board as to the propriety and
advisability of confirming and adopting the Pelican Bay
Municipal
Service
Taxing
and
Benefit
Unit
Preliminary
Assessment roll, as to the amounts shown thereon to be assessed
against the lots and parcels of land to be benefited and as to
the equalization of such assessments on a basis qf justice and
right, does hereby confirm such preliminary assessment roll and
make it final and adopt same as the final non-ad valorem
assessment roll for the purpose of using the uniform method ot
collection.
The total special assessment for maintenance of the water
management system and the beautification of the recreational
areas and median areas, and maintenance of conservation or
IDOl
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AUG 1 " 1996
preserve areas is $1,366,500.00 which equates to $176.9413 per
Equivalent Residential Unit based based on 7,722.90 assessable
units.
The total 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 District, street sign replacement within the median
areas,
landscaping
entrance
improvements
and
u.s.
41
improvements within the District, utilizing an Equivalent
Residential Un~t based methodology. The total assessment for
these Capital Reserve Funds tor 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 total assessments against the benefited
properties are described and set forth in the preliminary
assessment roll (non-ad valorem assessment roll) attached
hereto as Exhibit "A" and incorporated herein.
The Board
hereby confirms the special assessments and the attached
Exhibit nAil is the final assessment roll (non-ad valorem
assessment roll).
SECTION TWO. Such assessments are hereby found and determined
to be levied in direct proportion to the special and positive
benefits to be received by the properties listed in the
preliminary assessment roll (non-ad valorem assessment roll),
which is attached hereto as Exhibit f1A" and are located within
the Pelican Bay Municipal Service Taxing and Benefit Unit which
is 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 by the
Pelican Bay Improvement District, 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 line ot Section 33 a distance of
150.02 feet to a point on the West right-at-way line
of u.s. 41 (State Road 45), said point also being the
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lOOK OeD fl" 18
AUG 1 " 1996
Point of Beginning; 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 ~econds East a distance of 2.49 feet; thence South
00 ~~grees 55 minutes 41 seconds East a distance of
3~18.29 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-ot-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-ot-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 P~at 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.
SECTION THREE. Upon adoption of this Resolution any assessment
may be paid at the Office of the Clerk within thirty (30) days
thereafter, all assessments shall be collected pursuant to
Sections 197.3632 and 197.3635, Florida statutes, or any
successor
statutes
authorizing
such
the
collection
of
assessments on the same bill as ad valorem taxes, which shall
be billed with the ad valorem taxes that become payable on
November 1, 1996 and delinquent on April 1, 1997.
~ECTION FOUR. The assessment shall be final and conclusive as
to each lot or parcel assessed and 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 adoption of this
resolution approving the final assessment shall be the final
adjudication of the issues presented unless proper steps shall
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AUG 1 " 1996
be taken in a court of competent jurisdiction to secure rellef
within twenty (20) days from the adoption of this Resolution.
SECTION FIVf. All assessments shall constitute a lien upon the
property 'JO assessed from the date of confirmation of this
Resolution of the same nature and to the same extent as the
lien for general county taxes falling due in the same year or
years in which such assessment falls due, and any assessment
not paid when due shall be collected pursuant to Chapter 197,
Florida statutes, in the same manner as property taxes are
collected.
SECTION SIX.
The Clerk is hereby directed to record this
Resolution and all Exhibits attached hereto in the Official
Records of Collier County.
SECTION SEVEN.
This Resolution shall become effective
immediately upon its passage.
This Resolution adopted this -4 day of August, 1996,
after motion, second and majority vote.
.~;
",DATED:.$-~j'
ATTEST: '.'
DWIGHT E ..BI3OCK, CLERK
,~~"~ ' i1~
'. XpprovC!l!' as t'o form and
legal ~ufficiency:
rI.&:+<lfgll/ if' -
County Attorney
COMMISSIONERS
IDA
1657/
laD' 000 'l'.' 20
5