Resolution 1997-282
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RESOLUTION NO. 97.-2IJ.2
A RESOLUTION APPROVING THE PRELIMINARY
ASSESSMENT ROLL AS THE FINAL ASSESSMENT
ROLL AND ADOPTING THE SAME AS THE NON-AD
VALOREM ASSESSMENT ROLL FOR PURPOSES OF
UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO
SECTION 197.3632, FLORIDA STATUTES,
WlTHIN THE NAPLES PARK AREA DRAINAGE
IMPROVEMENTS MUNICIPAL SERVICE BENEFIT UNIT.
WHEREAS, the Board of County Commissioners on July 18, 1995 adopted Collier County
Ordinance No. 95-44, amending Ordinance No. 86-37, by providing the procedure for the levy and
collection of the special assessments within the Naples Park Area Drainage Improvement Municipal
Service Taxing and Benefit Unit; and
WHEREAS. the Board of County Commissioners on July 16, 1996 adopted Resolution No.
96-311 creating the Naples Park Area Drainagc Improvements Municipal Service Benefit Unit and
provides for the costs of the storm water drainage improvements to be paid from special assessments to
be levied against the benefited properties within the Unit; and
\VHEREAS, the Board of County Commissioners on July 16. 1996 adopted Resolution No.
96-312 initiating a program for the purpose of providing stonnwatcr drainage improvcmenls within the
Naples Park Area Drainage Improvements Municipal Service Benefit Unit; and
WHEREAS. on September 3. 1996 the Board of County Commissioners held a public hearing
on the tentative assessments and adopted Resolution No. 96-402 approving the plans. specifications,
estimated costs and tentative assessment roll for the Naples Park Area Drainage Improvements
Municipal Service Benefit Unit; and
WHEREAS, the stormwatcr drainage improvements have been constructed in accordance with
the plans and specifications; and
\VHEREAS, Collier Count)' Ordinance No. 86.37, as amended. and Section 197.3632, Florida
Statutes. require a public hearing to be held to adopt the preliminary assessment roll (non.ad valorem
assessments) against the benefited properties and for the purposes of utilizing the uniform method of
collecting the non.ad valorem assessments; and
WHEREAS, the Board of County Commissioners on May 20, 1997 adopted Resolution No.
97-248 setting the date, time and place for the public hearing on the Preliminary Assessment Roll and
to adopt the non-ad valorem assessment roll 10 utilize the uniform method ofcollcction pursuant 10
Section 197.3632, Florida Statutes; and
WHEREAS, all property owners on the preliminary assessment roll (non-ad valorem
assessment roll) were mailed by first class mail notice of the public hearing and said public hearing
was duly advenised and regularly held on June 24, 1997 at 9;00 A.M. in the Board of County
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OR: 2325 PG: 2812
12C 5
Commissioners Chambers. Collier County Government Center, 3301 East Tamiami Trail, Naples,
Florida 34112.
NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that:
Section One. The Board. having met 10 receive and consider the written objections of the
property o'>'lTlers and other interested persons appearing before the Board ;!S to the propriety and
advisability of confirming and adopting the Naples Park Area Drainage Improvements Municipal
Service Benefit Unit Preliminary Assessment Roll (non-ad valorem assessment roll), as to the amounts
shown thercon 10 be assessed against the lots and parcels ofland specially benefited by the
construction of the stormwatcr drainage improvements within the Naples Park Area Drainage
Improvcment Municipal Service Benefit Unit, and as to the equalization of such spedal assessments
on a basis of justice and right, does hereby confinn such preliminary assessment roll (non.OO valorem
assessment roll) and make it final and adopt same as the final non-ad valorem assessment roll for the
purpose of using the uniform mcthod of collection. The Board shall levy a special assessment (non.ad
valorem assessment) for the total project cost which includes the construction of the stonnwaler
drainage improvements consi~ling of the installation of storm water pipes in the vicinity of91../92....
Avenue North and 8111 Street, rehabilitating the culverts under Vanderbilt Drive, and an im?roved
stormwater drainage outfall system into which runoff is discharged fTom all the jots or parcels of
property located within the Naples Park Area Drainage Improvements Municipal Service Benefit Unit,
(the "Project").
The total assessable project costs to be levied against the benefited properties within the Naples
Park Area Drainage Improvements Municipal Service Benefit Unit on the lots or parcels ofproperty
othetwise specially benefited thereby and designated on the Preliminary Assessment Roll (non-ad
valorem assessment roll), less the County's portion, is $3,074,396.90. The assessable project costs on
the Jots or parcels of property otherwise specially benefited thereby arc based on stann water runoff
factors and the acreage amount for each lot or parcel ofpropcrty or per unit for condominiums in direct
proportion to the benefits received from the construction of the project and the stonnwater runoff
burden such properties impose on the overall stonnwatcr drainage system. The special assessment to
be paid within thirty (30) days from the adoption of this Resolution approving the Preliminary
Assessment Roll (non-ad valorem assessment roll), is sho'NTl on Exhibit "A" attached hereto and
incorporated herein.
The total assessable project costs to be levied against the benefited propcnies within the Naples
Park Area Drainage Improvements Municipal Service Benefit Unit on the lots or parcels of property
otherwise specially benefited thereby and designated on the Preliminary Assessment Roll (non-ad
valorem assessment roll), less the County's portion, is a tolal amount not to exc:eed S5,907,446.13. Thc
assessable project costs on the lots or parcels of property otherwise specially benefited thereby are
based on stonnwater runoff factors and the acreage amount for each lot or parcel of property or per
2
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OR: 2325 PG: 2813
12C 5
unit for condominiums in direct proportion to the benefits received from the construction of the project
and the stonnwater runoff burden such properties impose on the overall stonnwater drainage system.
If the total assessment for each lot or parcel is not paid within thirty (30)days from the date ofadoption
of the Preliminary Assessment Roll (non-ad valorem assessment roll), it shall be paid in annual
installments as a non-ad valorem assessment on the property tax bill over a period offificcn (15) years
with an interest rate of one percent (1 %) above the long-term financing or not to exceed eight pcrcent
(8.0%) on the unpaid principal, and the cost of collection.
The unit meaS'Jrcment for tllc special assessment and the individual amount of the special
assessment for each jot, parcel or condominium unit are shown on the Preliminary Assessment Roll
(non-ad valorem assessment roll) attached hereto and in';orporatrd herein as Exhibit "Alt.
The Board hereby confimls the special assessments (non-ad valorem assessments) for each
property and the unit measurement for each property as sho-wTI on the attached Exhibit "A" as the final
assessment roll (non-ad valorem assessment roll).
Section Two. Such assessments arc hcreby found and determined to be levied in dircct proportion to
the special and positive benefits to the properties listed in the preliminary assessment roll (non.ad
valorem assessment roll), which is attached hereto as Exhibit "A" and are located within the Naples
Park Area Drainage Improvements Municipal Service Benefit Unit which is described as follows and
geographically depicted on Exhibit "B" attached hereto and incorporated herein:
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 of;
Unit No.1, Naples Park as recorded in Plat Book I, Page 106 and; Subdivision of
Block I, Unit No.1, Naples Park, as recorded in Plat Book 4, Page 5 and; Replat of
Blocks 4 & 5, Unit No.1, Naples Park, as recorded in Plat Book 4, Page 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, P~gt: j 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 wi!hin Section 33, Township 48 South,
Range 25 East, being bounded on the; North by the South rie;ht-of-way line 0[9lst
Avenue; South by the North right-of-way lice ofYanderbilt Beach Road; East by the
West right-of-way line of U.S. 41, N. Tarniami Trail; West by the East right-of-way line
ofYandcrbilt Drive;
3
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OR: 2325 PG: 2814
12C 5
Section Thrtt... Upon adoption of this Resolution any assessment may be paid at the County
Department of Revenue, 2800 North Horseshoe Drive, Naples, Florida, within thirty (30) days.
Thereafter, all assessments shall be collected pursuant 10 Sections 197.3632 and 197.3635, Florida
Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad
valorem taxes, which shall he billed with the ad valorem laXcs that become payable on November 1,
1997 and delinquent on April 1, 1998, and each thereafter for a period of fifteen (IS) years. Failure to
pay lhe special assessment (non-ad valorem assessment) and your property taxes will cause a lax
certificate to be sold against the property which may result in a loss oftille to the property.
Section Four. The special assessments 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 ifany objC1:tion shall be made and oVemJled or shall not be sustained. the
adoption of this Resolution approving the final asscssments shall be the final adjudication of the issues
presented unless proper steps shall be taken in a CDurt of compctentjurisdiction to secure relief wi thin
tvlenty (20) days from the adoption of this Resolution.
Section Five All special assessmenls shall constitute a lien upon the property so assessed from the
date of adoption of this Resolution of the same nature and to the same extent as the lien for general
county taxes falling due in thc 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.
SWiJm..SiL The Clerk is hereby directed to record this Resolution and all Exhibits attached hereto in
the 001cial Records of Collier County, Florida.
Section Seven This Resolution shall become effective immediately upon its passage.
This Resolution adopted this ,,).~ day of '''';''' ~,~ , 1997, after motion.
second and majority votc.
ATTEST:
DWlGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY:
TIMOTHY 1.. HANCOCK, CHAIRMAN
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Approved as to form and
legal sufficienc):':
(6, M=rdc?
~ avid C. Weigel
County Attorney
4
Resolution 1997-282
Exhibit "A" can be found on
Microfilm in the
Minutes and Records Dept.
June 24, 1997
BCC Meeting
Backup Documents
*** OR: 2325 PG: 3270 ***
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EXHIBIT "S"
NAPLES PARK DRAINAGE PROJECT AREA
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