Resolution 1992-262/CWS 92-12
APRIL 28, 1992
RESOLUTION NO. 92- 262
RESOLUTION NO. CWS-92-~
A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR
THE PUBLIC HEARING ON THE CONFIRMATION OF THE
PRELIMINARY ASSESSMENT ROLL AND ADOPTION OF THE
NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF
UTILIZING THE UNIFORM METHOD of COLLECTION PURSUANT
TO SECTION 197.3632, FLORIDA STATUTES, FOR DISTRICT
4 - EAST AND SOUTH NAPLES SANITARY SEWER PROJECT
WITHIN THE COLLIER COUNTY WATER-SEWER DISTRICT AND
PROVIDING FOR MAILING AND PUBLISHING NOTICE OF SUCH
HEAF.ING.
WHEREAS, the Board of County Commissioners of Collier County,
,
Florida, as the Governing Body of Collier County, and as
Ex-Officio the Governing Board of the Collier County Water-Sewer
District, adopted Resolution No. 88-234/CWS-88-24 on september 27,
1988 confirming the creation of District 4 - East and south Naples
Sunitary Sewer Project and ordering the construction of the
assessable improvements within the District; and
WHEREAS, the construction of the sanitary sewer improvements
has been completed and the total assessable project cost has been
computed; and
WHEREAS, Chapter 88-499, Laws of Florida, and Chapter 153,
Part II, Florida Statutes, provide that a public hearing be held
on the confirmation of the preliminary assessment roll; and
WHEREAS, Section 197.3632, Florida stututes, requires that a
public hearing be held to adopt a non-ad valorem assessment roll
for purposes of utilizing the uniform method of collection; and
WHEREAS, the preliminary assessment roll confirmed pursuant
to Chapter 88-499, Laws of Florida, and Chapter 153, Part II,
Florida Statutes, and the non-ad valorem roll adopted pursuant to
Section 197.3632 are for practical purposes identical documents
and the terms are interchangeably used throughout this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY, FLORIDA, AND AS EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that:
Section 1. This Resolution is adopted pursuant to the
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APRIL 28, 1992
provisions of Chapter 88-499, Laws of Florida, Chapter 153, Part
II, Florida statutes, section 197.3632, Florida statutes, and
other applicabl~ ~rovisions of law.
section 2. It is hereby found and determined as follows:
.
A. On September 27, 1988, the District Board of the Collier
County Water-Sewer District (the "District") adopted its
Resolution No. 88-234/CWS-88-24 confirming Resolution No.
88-93/CWS-88-6 and ordering the construction of the sewer
improvements described therein (the "Project") to be located
along the routes and in the areas described therein,
designating the area to be assessed for the payment of the
cost of such improvements as "District 4 - East and south
Naples Sanitary Sewer system" (the "Assessment District").
B. The construction of these assessable sanitary sewer
improvements has now been completed and the sewer facilities
have been placed into service. A preliminary assessment roll
has been prepared providing the actual costs and the
properties to be assessed and a copy of the preliminary
assessment roll has been filed in the Office of the District
Clerk.
Section 3. The ~ day of
June ,1992 at 9:00 o'clock
A.M. at the Board Meeting Room, Third Floor, Building "F", county
Courthouse, Naples, Florida, is hereby fixed as the time and place
at which the District Board will meet and receive the written
objections of the owners of the properties to be assessed, or
other persons interested therein, to confirm and adopt the
preliminary assessment roll, as filed. The District Clerk shall
cause the notice of such public hearing to consider the adoption
of the preliminary assessment roll and the non-ad valorem
assessment roll to be mailed first class mail to all the property
owners on the preliminary assessment roll and the non-ad valorem
assessment roll at the address provided for on said roll and to be
published one time in the Naples Daily News, a newspaper published
in Collier County and circulating in the District, not less than
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APRIL 28, 1992
. twenty (20) days prior to said date of the hearing.
Section 4. Notice of such hearing shall be in substantially
the following form:
NOT ICE
.
Notice is hereby given that the District Board of the Collier
County Water-Sewer District, Collier County, Florida, will meet on
June 2, 1992, at 9:00 o'clock, A.M., at the Board of County
Commissioners' Meeting Room, 3rd Floor, Building "F", County
Courthouse, Naples, Florida, for the purpose of hearing
objections, if any, of all interested persons to the preliminary
assessment roll (non-ad valorem assessment roll) allocating the
assessable costs of the sanitary sewer improvements constructed
~ithin District 4 - East and South Naples sanitary Sewer System
(the "Project").
The sanitary sewer improvements consist of 277 manholes,
78,189 lineal feet of gravity sewer line, 10,484 lineal feet of
force main piping, 38,054 lineal feet of lateral piping, 566
single services and 643 double services, 8 pump stations and
189,684 square feet of pavement overlay. Assessable costs for
these improvements include: construction costs; engineering fees
for design, construction and inspection; property acquisition
costs and fees; legal costs and fees; financing costs; and other
costs as permitted by law. The improvements are located within
District 4 - East and south Naples Sanitary Sewer Assessment
District as depicted on the attached map, attached hereto as
Exhibit "A" and being more particularly described in Exhibit "B"
attached hereto.
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 with the District Clerk at Room 513, County Courthouse,
Building "F", Naples, Florida, and in the offices of the Collier
County utilities Division, 2800 North Horseshoe Drive, Naples,
Florida, and is open to the inspection of the pUblic.
All affected property owners have a right to appear at the
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APRIL 28. J.992
hearing and to file written objections to the adoption of a
resolution approving the preliminary assessment roll (non-ad
valnrem assessment roll) with the District 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
District Board. At the completion of the hearing, the District
Board shall either annul or sustain or modify in whole or in part
the preliminary 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 District
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 thirty (30) days with a court of
competent jurisdiction to secure relief.
The District will levy a special assessment (non-ad valorem
assessment) against those benefited properties utilizing a direct
benefit methodology or a special benefit methodology where
appropriate. The total revenue to be collected for the Project is
$6,702,326.73 which equates to $51.3450 per assessable front foot
based on 127,740.54 assessable front feet for properties receiving
a direct benefit and a lump sum to each parcel receiving a special'
benefit. 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
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Any person who decides to appeal a decision of the Board will
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, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT
MICHAEL J. VOLPE, CHAIRMAN
JAMES C. GILES, CLERK
By: /s/ Louise Chesonis
Deputy Clerk
(SEAL)
Section 5. The District Clerk is hereby ordered and directed
to spread this Resolution in full among the minutes of this
meeting for permanent record in the Clerk's office.
Section 6. This ReSOlution shall become effective
immediately upon its passage.
This Resolution adopted after motion, second and majority
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.,-;c. DATED:?,pril 28, 1992
'i~ ATTEST:
~:C', JAMES,:C,1 9ILES, CLERK
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Approved as to form
,and legal SUfficiency:
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Assistant County Attorney
vote.
BOARD OF COUNTY'COMMISSIONER&,OF
COLLIER COUNTY, FLO~tiA,o.;'AS THB., ,
GOVERNING BODY OF QOLLIER COuNTY~
FLORIDA, AND AS EX'-QFFICIO THE.~ ~
GOVERNING BOARD o"i ,1'HE' COLLIER .': '?, %
COUNTY WATER-SEWER ,DISTRICT OF ; " :;
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MICHAEL '1" i VOI.;PE, CHAIRMAN r
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EXHIBIT B
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APRIL 2B, 1992
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WILSON. MILLER, BARTON & PEEK. INC.
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F.ncinct'1'1. Plannc1'1. SUI'\t'ynf"l. l:lMd~::I('lt Arch;tett:\. En\'\rOnmCnI31 Consuh:\nl~ &. Ct1n-stnK1ian ~t"n::l~(l"
Wlho," I't",~,..'n..ll"tnl~T. ~Ul'( ~". .'::m IloIi~ 101""'41 Alrfl'ln RUN. 'Irn "1o'f1ll;a ,'.14.1~. ."DIM'f-alo*1 f;a, 11'1.11'-l'.~~1"
LEGAL DESCRIPTION
District .4
East and South Naples Sanitary Sewer System
All that part of Section 30, Township 50 South, Range 26 East, Collier
countf' Florida, 'lying northeasterly of U.S. 41 (S.R. 90 Tamiami Trail)
~ a I that part of said Section 30 as described in O.R. 515, page 855,
Collier County Public Records, Collier County, Florida, and in O.R. 516,
pages 119-120, Collier County Public Records, Collier County, Florida;
AND
All that land as described in O.R. 1391, pages 1017-1018, Collier County
Public Records, Collier County, Florida, heing a part of Section 19,
Township 50 South, Range 26 East, Collier County, Florida;
AND
Section 29, Township 50 South, Range 26 East, Collier County, Florida,
~ that land as described in O.R. 1278, page 1450-1456, being known as
Lely R , D Park; also 1&U. Lots 1 through 22, Block A and Lots 1 through
23, Block B, and street adjacent to lots, Myrtle Cove Acres Unit 1,
according to the plat thereof as recorded in P.B. 3, page 38, Collier
County Public Records, Collier County, Florida;
AND
Tra!.l Acres Unit 3, and all that part of vacated Trail Acres Unit 3
according to the plat thereof as recorded in O.B. 3, page 94, Collier
County Public Records, Collier County, Florida;
AND
Trail Acres Unit 4 according to the plat thereof as recorded in P.B. 7,
page 103, Collier County Public Records, Collier County, Florida;
AND
Trail Acres Unit 1 according to the plat thereof as recorded in P.B. 3,
page 50, Collier County Public Records, Collier County, Florida;
AND
Trail Acres Unit 2 according to the plat thereof as recorded in P.B. 4,
page 62, Collier County Public Records, Collier County, Florida;
AND
All that land as described in O.R. Book 800, page 1476, Collier County
Public Records, Collier County, Florida, being a part of Section 32,
Township 50 South, Range 26 East, Collier County, Florida;
AND
All that part of Section 33, Township 50 South, Range 26 East, Collier
County, Florida;
being described in the following four (4) recorded descriptions;
,1) O.R. Book 1226, pages 1150-1152
2) O.R. Book 662, pages 1521-1523
3) O.R. Book 433, pages 286-288
4} O.R. Book 1262, pages 330-333
said descriptions being recorded in Collier County Public Records,
Collier County, Florida;
AND
The Northeast 1/4 of Section 32, Township 50 South, Rar.ge 26 East,
Collier County, Florida ~ that land as described in the following
three (3) recorded descriptions;
I) O.R. Book 635, page 189l
2) O.R. Book 1282, pages 1764-1765
3) O.R. 1056, page 1775
said descriptions being recorded in
Collier County, Florida, and being a
South, Range 26 East, Collier County,
Collier County
part of Section
Florida;
Public Records,
32, Township 50
WILSON, MILLER, BARTON' PEEK, INC.
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Not valid unless
th the Professional's seal.
Revised: 4-2-92 added
Ref: D-984D
a part of Section 19,
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APRIL 28, 1992
IlXllIBI'l' B
DIS'l'Rlq'l' 701lR
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ALL 0>' WIIICH CAN BE MORE GENERALLY DESCRIBED AS THOSE LANDS LYING
, ADJACElIT TO OR IN THE VICINITY OF:
ALABAMA AVENUE
BAREFOOT WILLIAMS ROAD
v.~s, BENSON STREET
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" CALDWELL STREET
CARLTON STREET
L'OLLINS COURT
COLLINS ROAD
COLLINS STREET
CONFEDERATE DRIVE
CYPRESS LANE
DIXIE DRIVE
FIFTH STREET
FIRST STREET
FLEMING STREET
FLORIDIAN AVENUE
, FOURTH STREET
GEORGIA AVENUE
GILCHRIST STREET
HARDEE STREET
HOLLAND STREET
JENNINGS STREET
JOHNS STREET
MAPLE LANE
IlARTIN STREET
MCCARTY STREET
MITCHELL STREET
ENTIRE STREET
FROM U.S. 41 SOUTH TO THE
SOUTH LINES OF HITCHING
POST PROPERTY
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
FROM TAMIAMI COURT WEST
TO THE WEST LINE 01'
SECTION 29, TOWNSHIP SO SOUTH,
RANGE 26 EAST
ENTIRE'STREET
ENTIRE STREET
ENTIRE STREET
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APRIL 28, 1992
ENTIRE STREET
ENTIRE STREET
ENTIRE S~ET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
FROM NORTH LINE OF SECTION 30,
TOWNSHIP 50 SOUTH, RANGE 26 EAST
TO SOUTHWIND BOULEVARD
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
ENTIRE STREET
, . (NOTE: ADDITIONAL EASEMENTS, BOTH PERMANENT AND
CONSTRUCTION EASEMENTS, ARE INCLUDED BUT NOT IDENTIFIED
ALL INTERIOR STREETS WITHIN THE HITCHING POST CO-OP MOBILE
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