Resolution 1996-402
2094714 OR: 2224 PG: 1373
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A RESOLUTION APPROVING THE PLANS,
SPECIFICATIONS, ESTIMATED COSTS AND TDITATIVE
ASSESSMENT ROLL FOR THE NAPLES PARK AREA
DRAINAGE IMPROVEMENTS MUNICIPAL SERVICE
BENEFIT UNIT; CONFIRMING THE INITIAL
RESOLUTION, RESOLUTION NO. 96-312; ORDERING
THE CONSTRUCTION OF THE DRAINAGE IMPROVEMENTS
WITHIN THE Bt:!EFIT UNIT TO BE FINANCED WITH
SPECIAL ASSESSMENTS AGAINST THE BENEFITED LOT
OR PARCELS OF PROPERTY FOR SUCK IMPROVEMENTS.
WHEREAS, the Board of County Commissioners on July 18, 1995
adopted Collier County Ordinance No. 95-44 which amends Ordinance
No. 86-37 by providing the procedure for the levy and collection
of the special assessments; and
WHEREAS, the Board of county commissioners on August 22, 1995
after a duly noticed pUblic hearing adopted Resolution No. 95-476
creating the Naples Park Area Drainage Improvements Municipal
Service Benefit Unit; and
WHEREAS, the Board of County Commissioners on July 16, 1996
adopted Resolution No. 96-311 superseding Resolution No. 95-476
created the Naples Park Area Drainage Improvements Municipal
Service Benefit Unit; and
WHEREAS, thn Board of County Commissioners on July 16, 1996
adopted Resolution No. 96-312 initiating a program for the purpose
of providing stormwater drainage improvements within the Naples
Park Area Drainage Improvements Municipal service Benefit Unit;
and
WHEREAS, the Board of County Commissioners on July 16, 1996
adopted Resolution No. 96-313 setting the date, time and place tor
the public hearing on the tentative assessment roll; and
WHEREAS, said hearing was duly noticed both by publication
and by mail provided to property owners whose property was to be
included in the special assessment district; and
WHEREAS, said hearing was duly and regularly held on
September 3, 1996.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COKKISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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OR: 2224 PG: 1374
SEP - 3 1996
SECTION ONa. The Board, having heard property owners and
other interested persons appearing before the Board as to the
propriety and advisability of making the stormwater drainage
improvements described in Resolution No. 96-312 adopted on July
16, 1996, and as to the manner of payment of said cost by the levy
of special assessments against lots or parcels of property to be
specially benefited by such improvements and having considered any
objections to Resolution No. 96-312, on the ground that it
contains items Which cannot properly be assessed Against prop~rty,
or that it is for any default or defect in the passage, void or
voidable in whole or in part, or that it exceeds the power of the
Board, hereby determines and resolves to proceed with the Project.
SBCTION TWO. The total estimated assessable cost of the
Project is approximately $3,611,689.00, which shall be payable by
the levy and collection of the special assessments against the
lots or parcels of property described within the Unit to be
specially benefited by the construction of the stormwater drainage
Project.
BBCTIOII TIIllBB.
The special assessments described in
Resolution No. 96-312 shall be co-egual with the lien of other
taxes, superior to all other liens, titles and claims, until paid.
Such assessments are found and determined to be levied in direct
proportion to the special and positive benefits to be received by
the lots or parcels of property and to the stormwater burden each
lot or parcel of property contributes to the overall stormwater
drainage system within Naples Park Area Drainage Improvement
Municipal Benefit Unit. The lots or parcels of property to be
assessed tor the stormwater drainage improvements are listed in
the Tentative Assessment Roll, attached hereto as Exhibit "A" and
incorporated herein.
SECTION POOR. The special assessments described in
Resolution No. 96-312, shall be levied against all lots or parcele
of property within the Naples Park Area Drainage Improvements
Special Assessment District, which comprises all the lands within
the Naples Park Area Drainage Improvement Municipal Benetit Unit,
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OR: 2224 PG: 1375
SEP - 3 1996
more particularly described as follows:
All those certain lands lying within portions of
Sections 28 and 33, Township 48 South, Range 25 East,
Collier County, Florida, and being further described as
follows, all oft
Unit No. 1, Naples Park as recorded in Plat Book 1, Page
106 and;
Subdivision of Block 1, Unit No. 1, Naplee Park, as
recorded in Plat Book 4, Page 5 and;
Replat of Blocks 4 , 5, Unit No. I, Naples Park, ae
recorded in Plat Book 4, paqo 6 and;
Unit No. 2, Naples Park as recorded in Plat Book 2, Page
107 and;
Unit No. 3, Naples Park as recorded in Plat Book 3, Page
5 and;
Unit No. 4, Naples Park as recorded in Plat Book 3, Page
7 and;
Unit No. 5, Naples Park as recorded in Plat Book 3, Page
14 and;
Unit No. 6, Naples Park as recorded in Plat Book 3, Page
15 and;
Coventry Square as recorded in Plat Book 23, Page 65-66;
together with all those certain lands lying within
Section 33, Township 48 South, Range 25 East, being
bounded on the;
North by the South right-of-way line of 91st Avenue;
South by the North right-of-way line of Vanderbilt Beach
Road;
East by the West right-of-way line of U.S. 41, N.
Tamiami Trail;
West by the East right-of-way line of Vanderbilt Drive;
The apportionment of costs of the Project will be based on
the methodology described in Exhibit "B" attached hereto and
incorporated herein.
SECTION PIVB. All objections to the confirmation of
Resolution No. 96-312, on the ground that it contains items which
cannot be properly assessed against the property, or that it is
for any default or defect in the passage or character of the
resolution or the plans or specifications or estimate of costs,
void or voidable in whole or in part, or that it exceeds the power
of the Board, shall be made in writing, in person or by an
IOO( -nOO '>c, 126
OR: 2224 PG: 1376
SEP - 3 1996
attorney, and filed with the Clerk at or before the time or
adjourned time of such hearing. Any objections against the making
of any assessable improvements not so made shall be consider~d as
waived. The special assessments shall be established upon
adoption of the Approving Resolution and the adoption of the
Approving Resolution shall be the final adjudication of the issues
presented, including but not limited to the special assessment
methodology, the tentative assessment roll, the estimated cost ot
the project, the levy and lien of the special assessments, the
interest rate the special assessments shall bear, and the terms of
prepayment ot the special assessments, unless proper steps shall
be initiated in a court of competent jurisdiction to secure relief
within twenty (20) days from the date of Board action on the
Approving Resolution.
~ECTIOII 8IX. Thie Resolution is supplemental to Resolution
No. 96-312 and such resolution is ratified and confirmed in all
respects.
SEeTIOR SBVEH. 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 and to record this Resolution
with all the Exhibits attached to this Resolution in the Official
Records of Collier County, Florida.
CECTIOII BIGHT. This Resolution shall become effective
immediately upon its passage.
This Resolution adopted this ?rd day of ..<t~
19~.~., a,lter motion, second and majority vote.
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ATTEST:
'DWiGHT E'. BROCK, CLERK
BOARD OF COUNTY COKKISSIONERS
COLLIER COUNTY, FLORIDA
BY~~~
~~S~HAIRKAN
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; "Ap roved as to form and
. 'le '1II,..suf(i6iency:
"J'~". t-iJ' t1
Da~~gel ~
County Attorney
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