Resolution 1995-666/CWS 95-10
RESOLUTION NO. 95-666
RESOLUTION NO. CWS-95-10
A RESOLUTION AMENDING AND SUPERSEDING RESOLUTION
NO. 95-583/RESOLUTION NO. CWS-95-7 INITIATING A
PROGRAM FOR THE PURPOSE OF PROVIDING A SANITARY
SEWER SYSTEM WITHIN ROYAL COVE UNIT 2;
DESIGNATING THE NAME OF THE SPECIAL ASSESSMENT
DISTRICT; DESCRIBING THE AREA TO BE IMPROVED AND
PR(. VIDING THAT THE COST OF SUCH IMPRO\"EMENTS
SHJLL BE PAID FROM ASSESSMENTS AGAINST BENEFITED
PROPERTIES; INSTRUCTING THE ENGINEERS FOR THE
PRC..JECT TO PREPARE THE PLANS AND SPECIFICATIONS,
ES~':IKATE OF THE COSTS OF THE PROJECT AND A
TENTATIVE ASSESSMENT ROLL.
WHEREAS, the Board of Ccunty Commissioners as the governing
body of Collier County and aI' Ex-Officio the Go, erning Board ot
the Collier County Water-Sewe r District, on November 28, 1995
determined that the creation of a special aSSeSI,lIent district and
the levy and collection of a sewer special assel,sment is the best
appropriate means to provide a central sewer system to those
properties within Royal Cove Unit 2.
NOW, THEREFORE, BE IT R' SOLVED BY THE BOAR.".' OF COUNTY
COMMISSIONERS OF COLLIER COU: "rY, FLORIDA, AS THe GOVERNING BODY OP
COLLIER COUNTY. AND AS EX-OFF C~O THE GOVERNING BOARD OP THE
COLLIER COUNT:! WATER-SEWER DISTRICT, that:
Section one. This Resolution is adopted vrsuant to the
provisions of Chapter 153, Part II, Florida Sta\:utes, Chapter
88-499, Laws of Florida, Sec. ion 125.01, Florid;' Statutes, and
other applicahle provisions flaw.
Section Two. It is her by tound and dete~ined as tollows:
A. The special as.essment di.trict created .hall be
official'~ known as "Royal Cove Sewer Sp.c~al As.e....nt
District. .
B. The special as.eslment district shall compris. all
those lands within Royal Cove Unit 2 as re~orded in Plat Book
11, Pages 3 and 4 of the Public Records ot Collier county,
Florida.
C. It is necessary frr the continued preservation of the
health,ilelfare, converienee and safety of' the citiz.n. and
-1-
inhabitants of Royal Cove unit 2 to provide tor the
construction and reconstruction of the sanitary sewer
facilities to serve the properties within Royal Cove Unit 2.
The description of the proposed sanitary sewer improvements
is the construction of new pump station, installation ot a
sewage 1~rce main from the new pump station to connect to the
District's existing sewer facilities at U.s. 41/Wiggins Pass
Road intersection or U.S. 41/Imperial intersection,
restoration of Royal Cove Drive and various driveways along
Royal Cc.ve Drive and alJ other related app\.:.rtenances (the
"Project").
D. The cost of the Plojeet shall be paYl,ble by the levy
and collection of specil 1 assessments agaiJ,st the properties
benefiting from the Project. Such cost, in addition to the
specific items contained in such plans and specitications may
be deemed to include, but not limited to, ::egal services,
engineering costs, acqu. sition costs, admii)istrative
expenses, and financing costs.
~9tion ~~. Construl tion of' such assessable improvements
constituting the Project is hereby ordered pursuant to the
provisions of Chapter 153, Part II, Florida sta~utes, Chapter
88-499, Laws of Florida, and other applicable provisions ot law.
section r~. The Boar does hereby direc~ the Enqineer tor
the Project to prepare in du ,licate the prelimilary plans,
specifications and cost estiJ.ates for the improv4ments
constituting the Project. The Board also herebr directs the
Engineer for .ne Project to prepare in duplicatt the Tentative
Apportionment of Cost Roll, ttihich roll shall contain:
A. The description or the lots and parc.ls of' real
property within the Unit. which will benet'it trOll .uch
assessable improvements and the e.timated hllOunt ot benefit.
to each such lot or parcel ot property, provided such lot.
and pare lis shall inclul' e the property of' the County, and any
-2-
~."- ""'1
school district, special district, or political subdivision.
B. The name and address of the owner ot record ot each lot
and parcel as shown on the current County Tax Rolls.
C. The total estimated cost ot the project to each
benefited lot or parcel.
D. Tte method of assessment utilized in determinin9 the
cost of the Project to be assessed to property owners,
includir.g any formulas for dealing with specially benetited
lots or parcels of property.
One set of the duplicatt:s of each of the pl'eliminary plans,
speciflcatlor,s, cost estimatl. of the project an(' Tentative
Apportionment of Cost Roll sl all be filed with ~. he Clerk and b.
open to the~,nspection of thr public.
.s..-ection Five. After cOD,pletion of the Project and within
sixty (60) days after confirmation of the assessments, any
assessment may be paid at the office of the Cle'ck, without
interest. Thereatter all as >,essments shall be "r,ayable in equal
annual installments, with an interest rate and installment period
to be estab1i!Jhed upon compl tion of the construction ot the
improveme~ts, on the unpaid balances from the expiration of said
sixty (60) days; provided, however, any asseSSl1',mt may be paid at
any time before due, together with interest acc,~ed thereon to the
date of pay:nent. Such asset ments shall be levJ.ed based on the
front footage of each lot or parcel of' property within the Royal
Cove Unit 2 Sewer special As essment District, ur lots or parcels
of' property otherwise specially benet'ited therehy and designated
on the assess lent roll.
Section 'Llx. After the sixty (60) day period referenced in
Section 5, the assessments a, I finally determined and contirmecS
shall be payable at the otfice of the Tax Colle,':1:or of Collier
County at the sam. time as the ad valorem taxes ot such county are
collected, and all assessments shall constitute a lien upon the
properties s( assessed, of t'le same nature and to the sam. extent
-3-
"1
: ..:
N OV 2 8"1995
as the: ] i r;1 1:hereon for County ad valorem taxes falling due in the
same y r or years in which such assessments or installments
thereo~' fall due. As an alternative to the foregoinq, the County
may COr;~li'1ct with the Property Appraiser and Ta:< Collector to
inclu:~ :,h0 ~,pecial assessments on the ad valorem tax bills
pursuar~~: to ;;ection 197.3632, Florida statutes.
_~:r'~tj(')JLSeven. This Resolution amends and supersede.
Resolution ?I". 95-583/Resoludon No. CWS-95-7 171 its entirety.
B:ctJQJl.. Eight. The Cleek is hereby orderel and directed to
spread th is Ilesolution in fu '.l among' the minute', of' this meeting
for pcr~ancn~ record in hislttice.
scc:t.l.9.....":Lll..i.M. This Resolution shall becomo effective
immedioccly ~~on its passage.
This Resolution adopted this ~day of ~:~~
1995, after motion, second a"d majority vote.
,
ATTEST:
. DWIGHT E. BROCK, CLERK
. .. .... ."
....... ""1/
BOARD OF COUNTY CO)QU:'SSIONERS ',......
COLLIER COUNTY, ~lDA, AND' ;', -::;;
AS EX-OFFICIO THE~VERHING .~. \: ~
BOARD OF THE COLLliER COUNTY...' :'r..l.".
WATER-SEWER DISTRICT . ,: :.: ::
BYIB~~~~~' ,::;:Y
,
.0, .
." ,
~::. #'f<.~'^,~'fQ)~.
".
.. ,
Pj-
'.
Approved ,'as to form and
legal suffici~ncy:
0/l/1~~-~J ~!
KichaelW, Pett t .
Assistant County Attorney
_-.-..- .....- I
-. n',_,''''''1