Resolution 1996-511
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RESOLUTION NO 96- ~ 11
RESOLUTION NO. CWS-96- 13
HOV 1 7 199~
A RESOLUTION CONFIRMING THE PRELIMINARY ASSESSMENT
ROLL FOR THE ROYAL COVE SEWER SPECIAL ASSESSMENT
DISTRICT WHICH WAS PREPARED BY AGNOLI, BARBER &
BRUNDAGE AS THE FINAL ASSESSMENT ROLL AND ADOPTING
SAME FOR THE PURPOSE OF UTILIZING THE MONTHLY UTILITY
BILLING METHOD OF COLLECTION PURSUANT TO ORDINANCE
NO. 96-27.
WHEREAS, the Board of County Commissioners, as the
Governing Body of Collier County and as Ex-Officio the Governing
Board of the Collier County Water-Sewer District (hereafter
referred to as lIBoard") determined on November 28, 1995 pursuant
to Chapter 153. Part II, Florida Statutes, Chapter 88-499, Laws
of Florida, Section 125.01, Florida statutes and other applicable
provisions of law, to create a special assessment district: and
WHEREIS, rhe Board of County commissioners as Ex-Officio
the Governing ~ard of the Collier County Water-Sewer District
ordered and duly held an advertised public hearing on the
tentative apportionment of cost on November 28, 1995: and
WHEREAS, the Board of County Commissioners adopted
Resolution No. 95-666/Resolution No. CWS-95-10 as an amendment to
Resolution No. 95-583/Resolution No. CWS-95-7 creating the Royal
Cove Special Sewer Assessment District and directing the
engineers for the project to prepare the plans and specifications
and estimated cost of the project: and
WHEREAS, on October 1, 1996, the Board adopted Resolution
No. 96-45l/Resolution No. CWS-96-ll, setting the date, time and
place for a public hearing for the confirmation of the
preliminary assessment roll prepared by Agnoli, Barber and
Brundage and for the purposes of adopting the same by utilizing
the monthly utility billing method for collection of the
assessment pursuant to Ordinance No. 96-271 and
WHEREAS, said public hearing was duly a;vurtised and
regularly held, at the Board at County Commissioners Meeting
Room, Third Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida,
commencing at 9:00 o'clock A.M. on November 12, 1996.
II.S1
11.11
NOV 1 21996
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUlITY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, 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 Royal Cove Sewer
Special Assessment District preliminary assessment roll, as to
the amounts shown thereon to be assessed against the lots and
parcels of property to be benefited and as to the equalization of
such assessments on a basis of justice and right, does hereby
confirm such preliminary assessment roll and make it final and
adopt same a~ the final assessment roll for the purpose of using
,
,
the monthly utility billing method of collection as contained in
Collier County Ordinance No. 96-27.
The sanitary sewer improvements consist of construction of
.
a new pump station, 14l lineal feet of gravity sewer line, 2493
"
lineal feet of sewage force main piping (the "Project") which are
described in Resolution No. 95-666/CWS-95-l0, and, said
improvements have been constructed for a total assessable Project
cost of $155,355.54, which equates to $89.2848 per front foot
based on a total of 1740 front feet of the properties receiving a
I
benefit within the Royal Cove Sewer Special Assessment District.
Included in the assessable Project costs are construction costs;
engineering fees for design, construction and inspection:
property acquisition costs and fees; legal costs and fees:
financing costs: and other assessable costs as permitted by law
associated with the sanitary sewer improvements. The total
assessable Project cost as shown in Exhibit "A" attached hereto
and incorporated herein, represents an assessment to the
benefited properties within the Royal Cove Sewer Special
Assessment DistrictlWhiCh is more particularly described as
follows:
Royal Cove, Un t Two - specifically Lots 1 through 28.
I
OR: 2250 PG: 1018
HOV 1 2 1996
The Board hereby confirms the Special Assessments attached
as Exhibit "B" as the final 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, which is attached hereto as Exhibit
"B" and incorporated herein.
Section Three. Upon adoption of this Resolution, the
Collier County Department of Revenue shall prepare and mail by
first class mail to the property owners at the address listed on
the final assessment roll an assessment bill for the full amount
of the special assessment. Any special assessment may be paid in
full at the office of the Collier County Department of Revenue
within sixty (60) days from the date of adoption hereof, without
interest.
Thereafter, all special assessments shall be billed and
collected in equal monthly installments over a period of twenty
(20) years from the date the first such installment is due,
pursuant to Collier County Ordinance No. 96-27. The monthly
assessment installment payments shall be placed on the monthly
water and sewer bill and shall include:
CA) the monthly
installment of principal, (8) interest on the unpaid principal
assessment (including the amount of principal to be amortized by
I
payment of such monthly utility bill), to be paid on the same
date payment of the monthly water and sewer bill is due at a rate
of five and one-half percent (5.5%) per annum on the unpaid
principal balance after the expiration of the said sixty (60)
days: provided, however, any assessment may be paid in full at
any time before the due date, together with interest accrued
thereon to the date of payment.
Section 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
.,
HOV 1 2 199<;
resolution approving the final assessment roll shall be the final
adjudication of the issues presented unless proper steps shall be
taken in a court of competent jurisdiction to secure relief
within thirty (30) days from the date of adoption of this
Resolution.
Section Five. All assessments shall constitute a lien upon
the property so 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 assessments or installments thereof fall due, and any
assessment or installment not paid when due shall also be
collected pursuant to the provisions of Collier County Ordinance
No. 96-27.
Section Six. The procedures for billing payment and
collection of the special assessments as levied by this
Resolution are contained in Collier County Ordinance No. 96-27
and shall be enforced by the County Department of Revenue, and if
applicable, the County Attorney.
Section Seven. The Clerk is hereby ordered and directed to
record this Resolution and all Exhibits attached hereto in the
Official Records of Collier County, Florida.
Section Eiaht. This Resolution shall become effective
I
immediately upon its passage.
This Resolution adopted this
/;2- day of November, 1996,
after motion, second and majority vote.
,ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMKISSION~RS OF
COLLIER COUNTY, FLORIDA~ ..:Alf'Tri.E
GOVERNING BODY OF COLLIER COUNty,
AND AS EX-OFFICIO THE GOVERNIN~ \.
BOARD OF THE COLLIER COUNTY ~
WATER-SEWER DISTRICT .
BY: ,~'
....JOHN c. NORRIS, ''CHAIRMAN ,....'
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Approved as to form and
legal sufficiency:
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Oavid C. Welgel
County Attorney