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Resolution 1997-3028£2 RESOLUTION NO. 97- '2o2 A RESOLUTION FIXING TIlE DATE, TIME AND PI.ACE FOR Tile PUBLIC llEARING FOR APPROVING ]'lie SPECIAl. ASSESSMENT (NON-AD VAI.OREM ASSESSMENT) TO BE I.EVIED AGAINST TIlE PROPERTIES WITIIIN PELICAN BAY MUNICIPAl. SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF ]'lie WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACII.ITIES AND MEDIAN AREAS, AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, AND ESTABLISIINIENTOF CAPITAl. RESERVE FUNDS FOR TIlE 1MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, U.S. LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITIIIN TIlE PEI.ICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT. VVIIEREAS, the Board of County Commissioners adopted Collier County Ordinance No 90-J I l, as amended, creating the Pelican Bay Municipal Sc~'ice 'l'axing and Benefit Unit for the purpose of providing street lighting, water management, extraordinary lax,..' enforcement se~'ice and beautification, including but not limited lo beautification o£ recrealional Facilities. sidewalk, street and median areas and the maintenance oFconservation or preserve areas, and V¥111';REAS, Section 197 3632. Florida Statutes, requires that a public hearing be held to adopt a non-ad valorem assessment roll for purposes ofutilizing the uniform method of collection NOW, TIIEREFORE, BE l'F RESOI.VED BY TIlE IIOARD OF COUNTY CO?,ISilSSIONERS OF COI.[.IER COtINTY, FI.ORIDA, lhal SECTION ()NE This Resolution is adopted pursuanl Io Ibc provisions of Ordinance No 90-1il, ~s amended, and other applicable provisions of law 'SECTION'F'sX¥) It is bcrcby found and detcrmined that a special assessrnent which includes the esta[,',ish:aent of Capital Reserve Funds For the maintenance of the water management system. beautification of recreational facilities and median areas, and maintenance of conservalion or reserve areas '.vii/fin the Pelican Bay Municipal Service Taxing and Benefit Unit is necessary. For funding the required payments for the operation, repair and maintenance of'the water management system, bcautificalion of recreational facilities and median areas, and maintenance of conservation and preserv.2 areas during Fiscal Year 1997-1998 SECTION TIlREE A public hearing bclbre Ibc Board of County Commissioners on the p~clmfinary assessment roll (non-ad valorem assessment roll) off the estimated costs, including Capital Rcscra/c Funds for thc maintenance oFconserx.ation or preserve areas, US 41 berms within thc boundaries off the Unit. street sign replacements within thc median areas, landscaping improvements within the boundaries of the Dislrict. landscaping improvements to the U S 41 entrances within the boundaries of the Unit. the maintenance of the water management system. and beautification of recreation Facilities and median areas, during Fiscal Year 1997-1998 between -I- the County and each property owner of' land within the Pelican Bay Municipal Service Taxing and Bc,~efit Unit will be held on Tuesday, September 9, 1997 at 6:00 P N'I at The Foundation Center, g962 ttammock Oak Drive, Naples, Florida, at which time the Board of County Commissioners will hear objections of the owners of the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit or other persons interested therein, to tile adoption of the preliminary assessment roll (non-ad valorem assessment roll). The Clerk shall keep a record in which shall be inscribed, at the request of any person, firm or corporation having or claiming to have any interest in any lot or parcel of land within the Unit, the name and post of'rice address of such person, firm or corporation, together with the brief'description or designation of such lot or parcel. The Clerk shall cause the notice of such public hearing to be published one time in the Naples Daily News, a newspaper published in Collier County and circulating in the Unit, not less than twenty (20) days prior to said date of the hearing. Notice of such public hearing to consider thc adoption of the preliminary assessment roll (non-ad valorem assessment roll) shall also be mailed first class mail to all the property owners on the preliminary assessment roll (non-ad valorem assessment roll) at the address provided for on said roll SECTION FOUR. Notice of such hearing shall be in substantially the following form: NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, ',viii meet on Tuesday, September 9, 1997 at 600 P.M, The Foundation Center, 8962 Flammc, ck Oak Drive, Naples, Florida, for the purpose of hearing objections, if any, of all interested t_'ers,ms to the adoption of the preliminary assessment roll (non-ad valorem assessment roll) allocating the assessable costs including Capital Reserve Funds for the maintenance of conservation or preserve areas, US 41 berms within the boundaries of the Unit, street sign replacements within the median areas, landscaping improvements within the boundaries of the Unit, landscaping improvements to the US 41 entrances within the boundaries of the Unit, the maintenance of the water management system, and beautification of recreation facilities and rredian areas within the Pelican Bay Municipal Service Taxing and Benefit Unit which comprises and includes those lands 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 Count)', Florida, being one and the same as the lands encompassed within the Pelican Bay Municipal Service Taxing and Benefit Unit, 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 of Section 33 a distance of 150.02 feet to a point on the West right-of-way line of US. 41 (State Road 45), said point also being the Point of Beginning; thence Southerly along the West 8 E 2 right-of-way line ofsaid U S 41 (State Road 45) the following courses South 00 degrees 58 minutes 36 seconds East a distance of 2 49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218 29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 321856 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence Soulh 0] degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50. Page 4~0, among the Public Records of said Collier County; thence departing said US. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance of 2662 61 feet; thence Soulh 00 degrees 51 minutes 44 seconds East a distance of 7000 feet to a point on the North line off Seagate Unit I as recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit I and the South line of said Section 9 a distance of 2496 67 feet to the Southwest corner of said Section 9; thence continue Soulh 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 Northweslerly direction along said mean high water line a distance 15716 feet more or [ess; thence departing said mean high water line South 80 degrees 29 minutes 30 seconds East and along thc Southerly line of Vanderbih Beach Road (State Road 862) as recorded inDB 15, Page 121 among said Public Records a distance of 7385 feet more or less to a point on said West right-of-way lineofU S 41 (State Road 45), thence SouthO0 degrees 58 minutes 36 seconds East along said West right-of-way line a distance of 2574 36 feet to the Point of Beginning A copy of the preliminary assessment roll (non-ad valorem assessment roll) for each lot or par,..cl ,::." land lo be assessed is on file at the Clerk to the Board's Office, County Government Center, ,\d~ninlstration Building, Fourth Floor, 3301 East Tamiami Trail, Naples, Florida and in ;',',,.: ofiSces of :he Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 605, Naples, Florida, and is open to the inspection of the public Alt affected property owners have a right to appear and be heard at the public hearing and to file written objeclions to the adoption ora resolution approving the preliminary assessment roll (non-ad valorem assessment roll) with the 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 lhe preliminary, assessment (non-ad valorem assessment) is void or voidable m whole or part, or that it exceeds the power of the Board. At the completion of the hearing, the Board shall either annul or sustain or modify in whole or in part the preliminary assessmem (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 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 41- 8£2 assessed unless proper steps are taken within twenty (20) days with a court of competent jurisdiction to secure relief The Board will levy a special assessment (non-ad valorem assessment) £or operations and maintenance o£ the water management system and lhe beautification of thc recreational areas and median areas, and maintenance of conservation and preserve areas utilizing an Equivalent Residential Unit based methodology. The total assessment for maintenance of the water management system, beautification oFrecreational Facilities, and median areas, and maintenance of conservation or preserve areas is $ 1,473,500.00 which equates to $ 195.15 per Equivalent Residential Unil based on 755057 assessable units The Board will levy a special assessment (non-ad valorem assessment) for the establishment of Capital Reserve Funds for the maintenance and restoration of the conservation or preserve areas, US. 41 berm improvements within the Unil, street sisn replacement within the median areas, landscaping improvements and US 41 entrance improvements within the Unit. ttrilizi.-..,_' an Equivalent Residential Unit based methodology. ]'he total assessment for these Capital Re,,erve Funds for the maintenance and restoration and landscaping improvements is $66'/,7o0.C;0 which equates to $ 8843 per Equivalent Residential Unit based on 7550.57 assessable units 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 property Any person who decides to appeal a decision of the Board will need 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 TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) 8 E 2 SE,~"~FION FIVE. The Clerk is hereby ordered and directed to spread this Resolution in flail among the minutes of this meeting for permanent record in his office. SECTION SlX. This Resolution shall become effective immediately upon its passage. This Resolution adopted this 29th day of July, 1997, after motion, second and majority vote. ATTEST: ;,2 DWIGHT E. BROCK, CLERK ".~ '- / · . Approved as to form and " leg il sufficiency:. David C. Weigel v. ~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY / :/,:"~.~' _ ...:'.[,/..,r~ TIMOTHY L>2~A~COCK. CHAIRMAN B F_.A C:~I PEI.;I CAB FLA.