Resolution 1995-517
RESOLUTION NO. 95--112
A RESOLUTION INITIATING A PROGRAM FOR THE
PURPOSE OF PROVIDING STORMWATER DRAINAGE
IMPROVEMENTS WITHIN THE NAPLES PARK AREA
DRAINAGE IMPROVEMENTS MUNICIPAL SERVICE BENEFIT
UNIT; DESIGNATING THE NAME OF THE SPECIAL
^SSESSMENT DISTRICT; DESCRIBING THE AREA TO BE
~MPROVED AND PROVIDING THAT THE COST OF SUCH
iMPROVEMENTS SHALL BE PAID FROM ASSESSMENTS
j\GAINST BEUEFITED PROPERTIES; INSTRUCTING THE
r.OUNTY'S CONSULTING ENGINEERS FOR THE PROJECT TO
,'REPARE THE PLANS AND SPECIFICATIONS, ESTIMATE
of THE COSTS OF THE PROJECT AND A TF.NTATIVE
l'.SSESSMENT ROLL.
WHERE S, the Board of County Commissioners on July 18, 1995
adopted Collier County Ord nance No. 95-44 who ch amends Ordinance
No. 86-37 y providing the procedure for the ,evy and collection
of the spe~ial assessments, and
WHERE.\S, the Board of County Commissionels on August 22, 1995
after a duly noticed pUblic hearing adopted Resolution No. 95-476
creating the Naples Park Area Drainage Improv 'ments Municipal
Service Benefit Unit; and
WHEREAS, the aforemen' toned resolution, r'id set forth that
the cost of the stormwater jrainage improvemelits within the Unit
shall be pa;d by the levy i: nd collection of special assessments
against the benefited properties within the Unit.
NOW, THEREFORE, BE IT RESOLVED BY THE BO/~D OF COUNTY
COMMISSIONERS OF COLLIER CCUNTY, FLORIDA, that:
sectiol"...Q.wl. This Re' )lution is adopted ?ursuant to the
provisions of Section 125.1 ~, Florida Statute~, Collier County
Ordinance No. 86-37, as amf. ,1ded by Ordinance No. 95-44, and other
applicable provisions of law.
sectioJ:..hQ. It is hereby found and dete~mined as follows:
A. '1 he special aSS~'lisment district created shall be
officially known as "Naples Park Area Dratnage Improvements
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Special Assessment Dis~rict".
B. The special assessment district sha\l comprise all
those lands within the Naples Park Area Drainage Improvements
Munici; 31 Service Bene~it Unit as describ~d in Resolution No.
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95-476 and more particularly described as:
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 1, Page
106 ami;
Subdivision of Block 1, 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
record'ad in Plat Book 4, Page 6 and;
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Unit NO.2, Naples Park as recorded in Plat Book 2, Page
107 ar i;
together with all thos
Section 33, Township 4
bounded on the;
certain lands lyi ~ within
south, Range 25 E.Jst, being
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Unit NO.3, Naples Parl~ as recorded in PItt Book 3, Page
5 and;
Unit N). 4, Naples Par: as recorded in Pl,t Book 3, Page
7 and;
Unit NO.5, Naples Par~,. as recorded in Pllt Book 3, Page
14 and;
Unit No.6, Naples Park as recorded in Plat Book 3, Page
15 and;
Coventrl Square as recnrded in Plat Book ~3, Page 65-66;
North b'l the South rig It-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;
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West by the East right Of-way line of Van erbilt Drive;
c. It is necessary or the continued p,eservation of the
health, welfare, conve:.ience and safety of the citizens and
inhabitants of the Naples Park Area to pr(vide for the
constru..:tion of the stormwater drainage iJt provements in the
vicinit:, of 91st/92nd ,>.venue North and 8th Street,
rehabilitating the culverts under Vanderbjlt Drive (the
"Project") described ir: Exhibit "A" attacl'- ad hereto and
incorporated herein. The Project provider. an improved
stormwater drainage outfall system into which runoff is
dischar ed from all th4: lots or parcels of property located
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within the Naples Park Area Drainage Improvement Benefit
Unit.
D. The cost of construction shall be payable by the levy
and c0llection of special assessments against the properties
benef~, ting from the construction of the proj ect. Such cost,
in adoition to the specific items contained in such plans and
specifications may be deemed to include legal services,
engineering costs, acquisition costs, administrative
expena,es, financinq C( ,Its, etc.
Sectic..n Thre~. Constl"Jction of such ass'lsable improvements
constitutir::1 the Project is hereby ordered pUt ,Juant to the
provisions of Collier Count, Ordinance No. 86- 17, as amended,
Ordinance No. 88-23 and other applicable provisions of law.
SectiQQ Four. The Board does hereby direct the County's
Consulting Engineer' for the Project to prepare in triplicate the
preliminary plans, specific tions and cost est:mates for the
improvements constituting t e Project. The Bo~rd also hereby
directs the ~ounty's Consul ing Engineer for the Project to
prepare jn t~~iplicate the Tentative Assessment Roll, which roll
shall contain:
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A. The description of the lots and parcels of real
property within the Un~t which will benefjt from such
assessa1: le improvement; and the estimated !mount of benefits
to each such lot or pal ;el of property, pr .)vided such lots
and parcels shall include the property of ~he County, and any
school district, special district, or poli::ical SUbdivision.
B. Tt~ name and addr!ss of the owner of record of each lot
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and parcel as shown on ':he current County 'l'ax Rolls.
c. The total estimat,d cost of the proj~!ct to each
benefited lot or parcel.
D. The method of assessment utilized in determining the
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cost of ";he project to 1.'e assessed to property owners,
includin r any formulas t'or dealing with specially benefited
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lots or parcels of property.
One set of the triplicates of each of the preliminary plans,
specifications, cost estimate of the project and Tentative
Assessment Roll shall be filed with the Clerk and be open to the
inspection of the public.
Section Five. After completion of the Project and within
thirty (30} days after confirmation of the assessments, any
assessment may be paid at the office of the Clerk, without
interest. fhereafter a~l lisessments shall bE payable in equal
annual installments, with 21 interest rate anc installment period~,
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to be esta~lished upon comEletion of the construction of the 1
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improvement3, on the unpaid balances from the !xpiration of said
thirty (30) days; provided, however, any assessment may be paid at ~
any time before due, together with interest accrued thereon to the
date of payment. Such assessments shall be lE. -'ied based on
stormwater r'Jnoff factors a ~d square footage o~ each lot or parcel
of property or per unit for condominiums withi,; the Naples Park
Area Drainage Improvements unicipal Service Benefit Unit, or lots
or parcels 0: property othe~wise specially benefited thereby and
designated on the assessment roll. The assess"ents shall be
levied against such properties in direct propo;.tion to the
benefits received from the (onstruction of the project and the
stormwater rl/noff burden su , properties impos. on the overall
stormwater drainage system' Lthin the Naples Pa~k Area Drainage
Improvements Municipal Service Benefit Unit.
Section~. After the thirty (30) day pel~iod referenced in
Section 5, tll3 assessments a~ finally determine,j and confirmed
shall be payable at the offi(:e of the Tax Collector of Collier
County at the same time as the ad valorem taxes of such County are
collected, and all assessmen";s shall constitute a lien upon the
properties so assessed, of the same nature and ~-o the same extent
as the lien thereon for Count"y ad valorem taxes falling due in the
same year or ,ears in which Luch assessments or installments
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thereof fall due. As an alternative to the foregoing, the County
may contract with the Property Appraiser and Tax Collector to
include thp. special assessments on the ad valoreM tax bills
pursuant t(. Section 197.3632, Florida statutes.
Secti(n Seven. The Clerk is hereby ordered and directed to
spread thit; Resolution in full among the minutes of this meeting
for permant nt record in hi,,: office.
Section Eiaht. This f asolution shall become effective
immediatel) upon its passa~ i.
This Lesolution adoptej this ~day of ... .J,~.J ,
1995, after motion, second dnd majority vote.
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ATTEST:
DWIGH~,E. BROCK, CLERK
BOARD OF COUNTY COMMISSION~S
COLLIER COUNTY, FLORIDA
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Ap roved as i~ form and
.\\ le al SUffici~ncy:
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""':'~~el
Assistant County
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