Ordinance 95-44 JIll I995
ORDINANCE NO. 95- 44 , ~ of Cerk
AN ORDINANC~ A/~ENDING ORDINANCE NO. na~
R~ZSING SE~ON I AS ~0 ~E ~SE OF ~( ~
DISlikE ADDING E~ZON 5 ~ZDZNG m **
DEFINITIONS; ADDING SE~ION 6 PROVIDING ~
PROCED~ FOR ~E L~ ~D ~E~ION OF ~E ~,
SPECIAL ASS~SM~S~ ADDING SE~ION 7 ~
PROVIDING FOR ~E IS~AN~ OF ~NDS; ADDIN~ C-
SE~ION 8 ~OVIDING TAXING ~ N~ PLEDGE~;
ADDING SE~ION 9 ~IDING FOR ~E ~DS~ ~
ADDING SE~ION 10 ~DING FOR ~E R~IE~
OF BONDHO~$ ~DING DR ~ FIN~CING~F
~E T~AL ~ CO~S; ~IDING FOR ~
CON~I~ ~ B~IM~ ~DING FOR
INFUSION IN ~E ~DE OF ~WS ~ ORDIN~CES;
PROVIDING ~ ~ DA~.
~{~S, the Board of C~nty C~lssioners on July 29, 1986,
adop=ed Ordinance No. 86-37 ~ea~ing the Naples Park Area ~atnage
lmprov~msn~ Hunttips1 Semite Tsxl~ and Senslit Unt~I and
~[~S, the Sosrd of C~y C~isetoners has found ~ha~ the
design, cons~ction and fl~nal~ of the drainage tmpr~en~s as
reckended in the prellmlDa~ e~i~eert.g s=udy is in the bes~
interest of the residents of ~e Naples Park ~ea ~atnage
Improvemen~ Huntcipal Se~ice Taxl~ a~ Benefit Unit; and
~i~s, the Board of C~=y C~issioners has de=e~ined
tha~ Ordinance No. 86-37 be ame~ ~o ~tde for the assessmenU
of the beneflted prOXies f~ ~e ~1 ~oJe~ costs, including
~ not limited =o the death, ~s~l~, and financing of ~he
tmprovaments to be cons~ for ~e ditch enclosures in the
vicini~ of 91s~/92~d Avers a~ 8~ Street.
NOW, TH~EFORE, BE IT O~A~ BY ~E ~ OF ~
CO~ISSIONERS OF COLLIR ~, ~RIDA, thats
SE~IOfi ONE. ~eadments te le~tioa X ~f Collier Count~ Ordinance
~o.
Section I of Collier C~n~y ~dinance No. 86-37 is here~
amended to read as follmz
Section 1. ~ea~ion, B~ndaries, ~ses.
The Naples Park Area ~ainage I~rovemsnt Hunictpal
Service Taxing and Benefit Unit (the "Unit") Is hereby
crea~ed, gith ~undarles des~l~ as foll~s:
.1
Words ~ are added~ words ~~ are deleted.
Sew Exhibit
The Unit hereby created and established is ~or the
purpose of providing a preliminary engineering study&
~lt%~-~h~--~4 for the construction Or reconstruction of the
assessable imurovements which shall include. but is not
limited to. the costs for enaineerinq desion. construction.
financina. and land acauisition. and to do all things
reasonably necessary in connection therewith and for the
purpose of exercising those powers authorized by Chapter 125,
Florida Statutes, and other applicable laws.
SECTION TWO. ~ddition of Section S to Collier Count~ Ordinance
No. 11-37e
Section 5 shall be added to Collier County Ordinance No.
86-37 and said Section shall read ss lolloyez
Section 5. DefinitiQ~s
The follovinavords and terms shall have the
meaninns. unless some other meanin~ is plainly intended:
"Approvin~ Resolution" shall mean the resolution
described herein which shall aDorove the plans,
soecifications. estimated COsts and Tentative Assessment
Roll and shall confirm or deny the Initial Resolution.
"Assessable rm~rovememts" shall mean that portion
mortions of immrovements of s local nature and
benefit to the premises or lands served thereby_,
"Assessment Bonds" shall mean bonds or other oblicatig~
secured by and Dayable from Pledaed Revenues.
"Assessment Roll" shall mean the assessment roll as
aDDroved by the tins1 ReeOlgtion.
"Board" shall mean the Board of County Commissioners
Collier County. ~lorida.
"Clerk" shall mean the Clerk of the Circuit Court and ex
officio Clerk or the Board of County Commissioners.
2
Words underlined are added; w~s =tr==~ '~ ...... are deleted.
"Cost" or "Costss as s~lied to the acouisition and
construction of any improvements authorized by the Board
shall include the cost of construction or
reconstruction, acauisition or ~urchase. the cost of all
labor. materials. machinery and eaui~ment. coat of all
lands and interest therein. ~roDertv riohts. easements
and franchises o~ any nature whatsoever. financina
charaes. interest OriOr tO and durina construction and
for not more than seven years a~ter com~letion of the
construction or acauisition of such improvements. the
creation of initial reserve or debt service funds, bond
discount. coat of olsns and soe~ifications. cost of
construction Dlans. surveys and estimates of costs ann
revenues. cost o~ enaineerina. financial and leaal
services. and all other e~Denses necessary or incidental
in determinina the feasibility or practicability o~ such
construction. reconstruction or acouisition.costs of
issuance of the assessment bends. administrativ-
expenses and such other expenses as may be necessary or
incidental to financina authorized by this ordinance:
and includina reimbursement of the County or any ocher
person. firm or corporation ~or any monevs advanced to
~he Unit for any expenses incurred by the Unit or County
in connection with any o~ the ~oreaoina items of cost,
or the creation or the Unit,
"Diettier' shall mean the Naples Park Area Drainaqe
ZmDrovements t~eelal Assessment District.
"Final Resolution~ shall mean the resolution described
herein which shall a~rove the Assessment Roll.
'Znitial ResolutionN shall mean the resolution describe~
herein vhich shall be the initial Proceedins for lewina
and imposiris Special Assessments.
"Holes" shall mean riotam issued tot the financina of the
3
Words underlined are added~ words eeeeeh-4hee~h are deleted.
oFo~ec~ costs.
"Plans and Smecificationsw shall mean preliminary
dravinas and suecifica~ions which shall ahoy the
location, size, na~gre of the imurovements and a
descri~tion or the kind and aMentitles of ma~or material
items.
'Pledged Revenues' !hall meaq (el the ~roceeds o~ the
Bonds, includina inyostment earniqqs, (bl proceeds of
the Special Assessments as s~i~i~d ~ the Resolution
authorizina ~hs Bonds. $~ re1 s~ ~hsr non-ad valorn
revenues or ~h~ l~allv availshis moneys Diedeed ~
the C~ntv under the Rss91uti~n authffizina the Bonds,
"trsliminaffXssss~snt Eolls shall mean the Drslimina~
assessment ~o11DrsDsr~ ~ the Enainssr as des~ibed
heroin,
"S~ecJsl Xsses~entss shall mean the total am~nt o~ the
~ien to h levi~ in scardance vith this Ordinance and
~theE a~licabts ~isi~s o~ lay on the benerited
~ro~e~tiss within the ffaotss Perk Xrsa ~ainaae
ZmDrov~en~s S~etal Assesmerit Distri~.
"8~e~ial Xssesm6~ Dis~rtot~ shall mean the area
descried as ~s Naolss Perk Area ~ainaas ZmDr~ysmsnts
SDeciat Xssssnsnt Oistri~.
"Tentative Xssssm6~ Rolls shall mean the tentative
assessment roll predated ~ the Enainesr as described
heroin.
"Unit" shall mean the Nsolss Park Area Drainads
~mDroyeme~t ~nicioal Ss~ics Taxirid and Benefit Unit
c~Wated ~ ~dinsncs ~o. S6-3~. as amended.
"V~it Resolutions shall mean the resolution described
he~eiq vhich shall establish the special assessment
dist~ict,
OE~Z0N ~SS. ~ddition of Section S to Collisz County 0rdinancs
4
Words Vnderlined are add~ vords~ are deleted.
No. Sl-37.
Sac=ion 6 shall be added to Collier County Ordinance rio.
86-37 and said Section shall read as gollows~
Sac=ion 6. Procedure for the Law and Collection of the
SoectaZ Assessments.
The district may ~rovide for the construction or
reconstruction o~ assessable improvements as defined herein
and for the lewina of Special Assessments uoon the banefired
Drooerties for the Davm~nt thereof, under the Drovisions of
~his section.
1. The ~rocedure for creatina the S~eoial Assessment
District and adoption o~ the Unit Resolution ie as followsz
~al There is hereby authorized the creation and
establishment by subeeauent resolution of the Board
under the authority of Section 125,01. Florida Statutes.
~he creation of the Wanlea Park Area Drainage
Improvements Special Assessment District.
(b) The Clerk shall publish. in a news;a;er of
~e~e~al circulation. published and circulatina in the
CountY, a notice etafine that at a meetina of the Board
On a certain day and hour. not earlier than 15 calendar
days from such publication ~excludin; Saturdays, Sundays
~nd leqal holidays1, which meeting may be a reaular.
adjourned or s~eolal seefine, the Board will hear
objections of all interested ~ersons to the
establishment of the Naples Park Area Assessment
District and will consider the adoption of the Unit
Resolution creatin~ such District. Such notice shall
also describe the area to be encompassed by the proposed
District, the nature of the Pro~ec~ to be constructed or
acquired within such District. the procedure of
ob~ec~inq and such other informa~aon as the Board deems
appropriate =o include in such notice. In addi=ion to
5
~/ords underlined are added7 words eq~-aek-e~e~h are deleted,
the published notice described above, the Clerk shall
mail a copy of such qOtice bv firs~ class mail to ea~
p~oDe~tv ~er in the otO~osed District. No~ice shall
~ mailed. a~ least 15 Calendar days D~ior
hea~ina. to each D~e~v ~e~ at such address as is
sh~ on the Tax Ro~lS, Notice shall ~ deemed mailed
upon delive~ thereo~ to the ~ssession
Postal Se~i;e. ~e ~ailu~e o~ the C~erk to mail such
notice shall no~ constitute a valid ob~e~ion to holdins
the hea~ina ~ the ad~iVn o~ the Unit Resolution as
provided herein,
{cl All ob~e~i~s to ~he ado~ion o~ the Unt~
Resolution ~eati~ the asses~ent District shall
made in ~itiM. aM [ile wi~h the Clerk at or before
~he time or adt~m~ time o[ ~ch hearins. UPOn
~onsideration o[ the o~e~ions and the Unit Resolution.
the Board shall consider the Unit Resolution with such
amendments as it dens a~riate or necessa~.
adoption of the Unit Resolution shall ~ the final
adjudication o[ the isles eresent~ there~ unless
proper SteDS Shall h initiatM in a c~ o[ c~Detent
Jurisdi~ion ~o sere Tells[ within 20 dave [r~ the
date or Board a~i~ ~ the ~it Resolution.
(d) A~ in[o~alitv ~ iff~laritv in the
proceedincs in conne~ion with the ~eation of the
ASsessment Distri~ unaer the ur~isions o[ this
Ordinance shall n~ a[[e~ the validity thereof and such
District shall ~ dee~ to h valid in all respects
Unless it h clearIv sh~ that the Da~v obtectina
the validity thereo[ was eteriallv in~ured ~ the
creation of such Distri~.
2. The procedure rot the lew and Da~ent of the
Special Assessments is as [ollss:
6
Words underlined are addS; ~s ~ are deleted.
(el The iqittal ufoceedina shall be the passsac by
the Board of an Znitial Resolution orderins the
accuisitton, construction or reconstruction o~
assessable imorovements constitutina an individual
Pro~ect. in~icatina. in aerietel, the location fthe
location may_be established bv reference to boundaries
or a mad or bv retere--e to the Untt~ and descrtotton og
suc~ imoroyements. vh h shall be sufficient to enable
the Enaineer to ~reuare the ulans and specifications of
such imurovements as described herel~,, The Znitial
Resolution shall also s~ete the DO~tioR, if any. of the
Pro~sct to be eaid by th~ C~unt~. the estimated costs of
the oro~ect. if available. and the =ethod of aseessment
~hich ~av be by frontsac, ecres~e. senJars footass.
oarcel or any other co~bination thereof or any other
~ethod deemed e~uiteble by the Board. The ~nitial
Resolution may D~ovide for alternative iEroyements and
method of assesement. Th~ lmorovements constitu~in~ the
Pro~ect need no~ be contieuous and may be in more than
one locality or street, The Initial Resolution orderins
any such imorovement mav aive any short end convenient
dest~na~ion to each imnrovemsnt ordered thereby. The
Initial Resolution may be adopted at the same meetino ot
the Board at vhich the Unit Resolution is adooted.
(hi As soon as Possible after the oassade of the
Initial Resolution. the Znoineer shall oreoare. or cause
to be oreDared, in triofleets, clans. soecifications and
cost estimates for the improvements constttutina the
Pro~ect, The olans end s~eeificatione need only be iR
sufficient ton to enable the Enutneer to estimate the
costs Of the nro4ect and PreDate · feetafire Assessmept
Roll based uvon the totaZ oro~ect cost. If the Initial
Besolution shall orovide alternative improvements or
Horde underlined are added; uordsl~'~x--t~-~hare deleted.
method of asaeasment,.such DIana. specifications and
cost estimates ahatl tnctude an estimate of the costs of
each such alternative.
[c1 ~he Enaineer shall also predate. or cause to
be oreDaTed, in triplicate. the ~entative Assessment
Ro11. which shall contain a description of the lots and
parcels of real DryDeity within the District which
benefit from such assessable improvements and the
estimate amount of benefits to each such lot or parcel
of property, ~ovided such 1~ and ~arcels shall
~nclude the Br~e~v a( ~he d~ntY- and a~
d[mtr~ct. m~ec~al d[mtr[~. ~n~cJDal~tv or Dol~t~cat
mu~v~s~on~ the name o~ the ~er o~ reco~ ~f each
and oareel as sh~ on the ?ax Ralls~ the total
estimated Cost of the ~o~s~ to each hnafited lot or
Dares1: and the meth~ ~ alte~ativa meth~ g~
assesseat utilized ~n dste~inina the cost of the
~o~e~ to h assess~ to ~e~v ~ers, ~ncludinq
fo~las f~ deali~ with ~mlar lots and aqy
assu~tions of dash of the l~s, Such ~entattv*
Assessment Roll shall n~ h held to limit or restrict
the duties of the ~ainss~ in the o~eoa~ation of the
~elimina~ Xsses~ent Roll under the or~is~ons of
Ordinance,
(d) One of the triplicates of such plans,
soecificatJons, cost estimates and the ~entatly*
Assessment Roll shall h fil~ with the Clerk, one shall
h filed w[th the County X~n{etratOr O~ his Oesiqne~
and the other triplicate shall h ~etained ~ th~
Enoineer ~n his files, all of which shall remain o~en
Dublie
(el ~e Clerk, upon the (ilinq o~ such plans.
soecificatJons. c~t esti~tes and ~entat[ye Assessment
Wo~ds~ are addad~ words~ are deleted,
Ro11, shall publish once in a newspaper of senera1
circulation, ~ublished and circularins in the County, a
notice starins that at a meetins of the Board on a
certain day and hour, not earlier than 15 calendar days
from such ~ubZication [excludina Saturdays. Sundays and
leaal holidays1. which meetins shall be a reaular,
adtou~ned or special meetins. the Board viII hear
ob~ections of all interested persons to the ^DDrovina
Resolution which shatl a~Drove the aforementioned plans,
sDecificOtion~. colt estimates and Tentative Assessment
Roll. Such notice ehe11 crate in brief and aerietel
terms a description of the $~licabls Pro~ect with the
location thereof (location may bs established by
Eersre~s to boundaries or s msu or by rsfsrsncs to the
Untt~: the ~rocsdurs for ob~ec~ina ~rovidsd in this
ordina~csr that ~lsns. s~s~i~ications. cost estimates
a~d the Tentstirs ~ssssssent Roll, ~ich shall include
the method or methods o~ assessmsnt. are on file with
~ Clerk and the County Administrator or his Desianee
a~d all interested uersons may sscer~cain the amount to
be assessed aaainst s lot or ~arcsl of Drooer~v at ths
o~rice of the Clsrkr snd in the event the alternative
method of collection or S~oisl ~sssssmsnts. as
d~sC~ib~d herein. is utilized by the County. that such
method may result in the ~otsntial loss of title to
~roDer~v Which is assessed in the svsnt of non-~a~ment
O~ ~bs S~scial Asssss~snts~ ~rovidsd ho~evsr. ths notice
described hersin may bsaivsn at such other time ss ~hs
Board deems a~roDriateo ~n addition to ths ~ublished
~tics descrt~ above, ths Clerk shsll msil a co~v of
the notice bv first class mail to each ~ro~erty ovne~
~ro~os~ to be assessed, Notice e~all be m~il~d at
least 15 calendar days ~rior to ths hearins to each
9
Words M~ars added~ vords Ws~-e~ars deleted,
Droparty ovner at such address as is shown on the Tax
Rolls. Notice shall be deemed mailed upon delivery
thereof to the Dossession o~ the U,$- Poets! Service,
· he failure of the Clec~ to mail such notice shall
constitute a valid objection to holdins the hearind
provided in this Ordinance or to any other action taken
under the autho:tCy of th~s Ordinance. The Clerk may
provide DrOOl Of such notice by affidavit,
(f~ ~t the time named in such notice, or ~o vhich
an adjournment m~vbe taken by the Board, the Board
shall receive any ob~ectione of indiEssled oarsons and
may then or thereafter adoVt the AVorovina Resolution
vhich shall a_eer6ve the aforemeneloned olans,
soecifications. east estimates and Tentative Assessment
Roll, includina method oe assesxmeq~, vith such
amendments as it deems ~ust and riaht: reveal or conrim
the Initial Resolution vith such amendments, if any, as
may be deemed avvrovriate by the Board: and.if notice
described heroin has been orovided to the Drovetry
ovnerW, authorize or re4ect the alternative.~ethod of
COlloCI:ion of Soecial Assessments as described heroin,
2Racial Assessments shall be levied aoainst all Drovetry
in the aoolicable Unit soe~iallv bonefiled by the
im~rovements- Zn the event the Board established
alternative improvement o~methods of assessment in the
Initial Resolution, the Board shall orovide.in the
Aceravine Resolution the descriotion of imvrovement..ODd
method of assessment which shall be utilized,
iq) All ob4ectione to the Ao~rovina ~esolutioD
shall be made in writins, and filed with the Clerk at
before the time or ad4ourned time of such hearinq,
Svecial Assoasments shall be established uvon
~f the ADDravine Resolution, The adoorion of the
10
gords underlined are added~ words se~uek-t~x~h are deleted,
ADorovtna Resolution shall be the final adjudication o[
the issues Dressriled (ineludina. but not limited to. the
method of assessment, the Tentative Assessment Roll. the
otans and smecificatio~s. the estimated cost of the
Pro~ect. the le~ and lien of the Special Assessments.
the interest rate the Special Assessments shall bear.
and the terms or orepayments or the Special AssessmentSt
unless proper sleds shall be initiated in a court
competent ~urisd[ction to secure relief v[thin 20 days
~cm the date or Board act[on on the
Resolution. h, *ca of the lien of the Soecial
~ssessmsn~s shall be recorded in the Official Rscords
~ook in the office of the Clerk. Such notice shall
Drovide in ochers1 the locations o~ the property vhich
are assessed and direct interest oarties to the
~entattve Assessment Roll. upon aPProval thereo~. The
Tenta~ive Assessment Roll. as atu~roved by the
~esol~on. shall be delivered to. and ~eot by. the
Cler~ or such other official as the BOard, bY
resolution. deems aooroDriate.
(hl Whenever the X~rovina Resolution shall hayW
been adooted. ae hereinshore ~rovided. or at any time
thereafter. the Board may issue Bonds. the Drink[pal and
interest o~ vhich shall be movable ~rom such Pledded
Reyenues as the Board desms aooro_oriate in the
resolution authorizina the issuance or Bonds. Said
8Grids shall mature not later than tvo years after th
last installment in vhich said S~ecial Assessments may
beDaid. and shall bear interest at a rate not exceed[no
the maximum rate ~rovided by law. Zn addition. the
]~oard may issue Notes. the ~cincipal and interest of
~hich may be Dayable from the oroceeds of the Bonds. the
D~oceeds of the S~eelal Assessments. the or~ceeds
Words ~ are added~ words :~r~:~ ........ are deleted,
fietee and such other leaally available meneve os the
Board deems a~Drooriate, Said NQ~es shall mature within
five veers of their issuance and shall boar interest at
a rate not e~ceedina the ~a~imUm rate provided bv law,
The Board may issue Bonds to repay the r~otes, The
Proceeds of the Bonds and Wotes. unless othe~lse used
to refund Bonds or Notes. shall be used to Day the costs
of the Pro~ecto
(Zl Within such ~e=tod of time after the
completion of the acquisition or constr~ction
D=o~ect as may b~ directed by the County Administrator
[but in no event mor~ than six months after such
completion of th~ Pro~ec~l, the Znainser shall prepare
the Preliminary Assessment Roll and file thl lame with
the Clerk and the County Administrator or his Deslanes,
which Roll shall contain the follovinq|
11 A descri~ion of lots and parcels
land within the District which will benefit from such
assessable improvements constttuttna the l~ro~ect and
the.a~ount of such benefits to each such
or land, Such lots and parcels shall include ~he
property of the County and any school district.
municipality. s~ecial district or other political
subdivision, There shall also be aiven the ~ams of
the owner of record of each lot or parcel as shown
2~ The total cost of the improvement to each
bonafired lot or ~arcel,
31 The method of assessment utilized iq
de~erminina the cost of im~r~yemente to be assessed to
property owners, ineludin~ any formulas for dealtnq
wi~h ir=eaular lots, and any assumptions of depth
lots,
12
Words underlined are added~ words ~ are deleted,
41 ~he Prelimina~ Assessment Roll shall be
advisory only and Ihall be subject to the action o~
the Board as hereinafte~ provided. SubseeuenC Co ~he
filina vith the clerk of the Preliminary Assessment
Roll, the Clerk shall publish at least once in a
nevsDaDer of ceneral circulation. published and
circulatina in the County. a notice statina that at a
meeting of the Boardto be held on a certain day and
hour, not earlier than 15 calendar days from
~ubltcation (excludina Saturdays, Sundays and 1eta1
holidays1, vhtch meetthe may be a reaular. adtourned
or soecial beltinn, sll interested persons may aoDear
and file witten obtectlons to the aoDr0yal ot the
Preliminary Assesrecur Roll, Such notice shall
describe in menera1 tens the assessable i~rovemente
and the location thereof (location may be established
b~ reference to boundaries or a mao or by reference
the Unit1. and advise all persons interested tha~
description of each mro_~ertv to be assessed and the
amount to be assessed t~each lot or parcel of
DroDertv nay be ascertained at the office o~ the
Clerk, ~Zn addition to the oublished notice described
above, the Clerk shall mail at least 15.calendar d~y~
~rtor to the hearing a co~v of the notice b~ flrW~
class mall to each DroDertv cv~Ler oroDosed to be
assessed, Notice shall be mailed to each property
ovner at such address as is shorn on the Tax Rolls,
The failure of the Clerk to mail such notice shall
constitute a valid oblectton to tho aPProval of the
Preliminary Assessment Roll. Notice shall be deemed
mailed upon delivery thereof to the Dossession
U.S, Postal Service, All objections shall be made
vrltinu,.and filed vith the Clerk at or before the
13
Words Underlined are added~ vordse~Nf~-4~K~qhare deleted,
time or adjourned time of the hearins. The Clerk may
provide Proof of such notice by
51 At the time and place stated in such notice,
the Board shall meet and receive the objections in
writins of all interested persons as stated in such
notice, The Board mly ad~gurn the hearins from time
to time, After the conelation thereof the Board shall
adopt the Final Resolution vhich shall either annul or
sustain or modify in v helmet Dart the preliminary
assessment as indicated..on.the Preliminary Assessment
Roll, either by aDorevine the preliminary assessment
aQainst any or all iQ~s or parcels described therein
or by cancelins. lncreaeina or reducina the same.
accordins to the special benefits which the Board
Ihall decide eadh lot ~r parcel has received or rill
receive on account of such imoro~emente, Zf any
Dro~ertv which may be charssable under this Section
shall have been omitted from the Preliminary
~ssessment Roll or if the preliminary assessment shall
~ot have been made aaainst it. the Board mayo upon
compliance ~ith the orocedures set forth in this
Section. provide for the assessment of sMCh omitted
- pruderY. The Board shell not a~rove any Special
ASSessment in mxcess of the soecial benefits to the
property assessed. and the SDecial Assessments ag
aDDroved shall be in ~o~ortion to the special
benefits, Upon adoorion of the Final Resolution,
preliminary Assessment Roll shall become the
Assessment Roll, The Final Resolution shall provide
for the rate of interest vhich the Special Assessments
shall bear, Zn the event Notes or Bonds have been
issued and are outstandina at the time the Final
Resolutig~ is presented to the Board. the Board
14
We:de ~pderlined are added; wo:dse~"aek--~hre~h are deleted,
establ(sh the rats o~ interest the ~oecial
are to bear at the ~lts of one percent above the true
triterest cost on ths ~otes unttl such time as Bonds
are issued to reDay..~he Notes at vhtch time the
Soecial Assessments shall bear intecest at a rate not
to exceed one ~ercent above the t~e ~nterest cost
the Bonds o~ ~o~es. ~o~thv~th a~ter adoption of th~
~nal Resolution. the assessment ~oll ~hall be
delivered to. a~d kept by. the Clerk o~ ~uch other
o~e[al am the Board, ~ re~olutton, deems
a~ro~atef braided, h~ever. leeuse ad~udtcated in
the ao~r~ina Reeoluelop may not be d~sou&ed except
Or~1ded herein, ~e Clerk mha11 caume the
Resolution and the a~r~ed ae~e~mment roll to be
recorded in the Offtc~al Records. zn the even~ the
alterafire meth~ of collenten of SoectaZ
Assesnents. as des~thd in 5e~1on 197,363. rlorlda
Statutes. Is uttlizH ~ the County. acoDy of the
AaBeanent Ro11. t~ether vtth any chartass thereto.
shall N delivered to the ~erty Appraiser and Tax
Collator ~ the Clerk, ~e ~ealal AsWeaament a~
made mha11 N final and conclusive as to each lot or
parcel amse~ and ~he adoorion of the Finat
Reaoluelon abel1 N the ~Jnal ad~udtcatton of the
issues oreaented unless ereoar ateDo be Initiated
wtthfn 20 dave of adoorion of the Final Resolution in
a cou~ of c~tent 4utfsdf~ton to se~re reXte~,
Z~ the Special Aeeesnent against any oreDecry shall.
N sustained or t~ue~ or abated ~ the couct, thw
Clerk shall note that fa~ on the assessment roll
opposite the des~fotton o~ the Orooectv a~fected
thereby, ~e amount of the Snectal. Assessment
any lot or oareel ~lch may ~ reduced or abeted by
underlined ate added; vetdeface deleted,
the court. unless the assessment upon the
District be reduced Or abeted. may b~ resolution of
the Board b~ made charssable aqainst the aDoltcable
District at larae, or, at the discretion of the Board.
a new assessment roll may be mrsDared and aDoroved in
the manner hereinshore provided for the breDstation
and the soDroyal of the original assessment ro11.
61 Except as otherwise DrqVt~ed b~ resolution of
the Board. no DreDa~ents of the Special Asses~ents
shall be acteDted prior to ~he adoption of the Final
Resolution. ~ereafte~, any m~ema~e~ts iha~T be made
interest ~nclude4 am a cost of the related
tmorovement. and a~l]cable prepanent Drn~ at the
office of the Clerk (o= such other offtctal as the
Board shall 4eten~ne ~ =esoluttonl. ~y asscement
may be maid at the office of the Clerk within 30 days
after the conff~atfon thereof, wtth~t 1riterest.
~ereafte= a]] aeses~ents shall ~ Dayable in e~al
InStallments, with tritereat at the rate set f~h
this Ordinance,
71 All such Smec~al Assessments ma~ be colle~e4
bY the Ta~ Colle~or at the same t~me as the aa
are collected ~ the Tax Collector ~f the Board
prior to the confixation of the resolution ~dert~q
the immrovemen~s ~rsnant to this Ordinance. have
entered into an aareement with the ~ome~y A~raiSe~
and othe~ise met the amDlicable re~iremeq~s o~
Chapter 197. Florida Statutes. Motwithstandina any
prgvision in this Ordinance to the cOntra~. the
County may add an amount ~o each installment of an
assessment eaual to the estimated pro-rata share
16
Words ~ara added; vords~are deleted,
the costs o~ collectinn the assessments. includinqL
without ltmitatiSn. the estimated amount o~ discount
which the orooertV ~ners may receive if the
assessment installments are placed on the tax roll
pursuant to Section 197,~$)1. Florida Statutes. and
the amounts o~iqg tO the Tax Collector for olacinq
such installments on the tax ro11.
8) All Special Assessments shall constitute a
lien u~on the ~roDertv so assessed from the date of
the ADorevine Resolution orderins the impT~v~ments. or
the same nature and to the same extent as the lien for
general County taxes fallin~_.dUe in the same year or
years in which such 6~ecial Assessments or
installments thereof fall due . L~xceot as otherwise
provided by lay. such lien shall be superior in
d~qnitv to all other liens. titles and claims. unt~l
pa~d. Any Soecia1 Assessment or installment not
when due shall be collectibis with such interest and
with a reasonable attornev~s fee an~ costs. but
without Densities. ~ the D~stT~t ~oroCee~n~s ~n a
cou~t of e~tv to ~orec)ose the lien of assessments
as a l~en for mo~qa~es ~s or may be foreclosed under
~he laws of ~e state: o=ov~ded that a~Y such
proceedings to foX~close shall embracg all
~stallments o~ p~ncJoal rema~n~nq unpaid v~th
accrued ~nterest thereon. which ~nstallmentg shall.
y~tue ~ the institution of such oroceedJnGs.
immediately become due and payable. ~e collection
procedu=e descried he=e~n shall be an additional
meth~ to the collection D~ocedure8 as contained
~hQpter 197. Florida S~atutes~
No. 86-37,
17
Wo~ds underlined are added; vords~ a~e deleted.
126 1
Section 7 shall be added to Collier County Ordinance No.
S6-37 and said Section shall read as follows:
Section 7o Issuance of Bonds.
The Board shall have the Dower and it is hereby
authorized to Provide by Resolution. at one time or from time
to time in series. for the issuance of Bonds of the County
for the purpose of Davina all or Part of the Cost of the
ProJect. The principal of and interest on each series of
Bonds shall be p~vable from Pledaed R.~Venues. At the option
of the Board. the County may covenant to budget and
apDrooriate from non-ad valorem revenue sources identified by
the County by Resolution or from aeneral non-ad valorem
revenues of the County an amount necessary to make UD any
deficien~ in the payment of the Bonds.
In anticipation of the sale of Bonds, the County may. by
Resolution. issue Notes and may renew the same from time to
time. Such Notes may be paid from the moneys derived by the
County from the proceeds of the Bonds. the proceeds.Of the
Special Assessments. the proceeds of the Notes and such other
legally available moneys as the Board deems appropriate. The
Notes shall be issued in the same manner as the Bonds. Bonds
and Notes shall be, and shall be deemed to be. for all
purposes. ne~otiable instrumentsi subject only to the
prQvi§ions of the Bonds and Notes for re~istration.
The Bonds shall be dated. shall,bear interest at such
rate or rates. shall mature at such times. as may be
det~rmined by Resolution of the Board. and may be made
redeemable before maturity, at the option of the County. at
such price or prices and under such terms and conditions as
~v be fixed by ~he Board. The Bonds may, at the OPtion of
the Board. bear interest at a variable rate. The Board shall
determine by Resolution the form of the Bonds, the manner of
oxeGutinq ~uch Bonds. and shall fix the denomination or
18
Words underlined are added; words =truck ~ ..... K are deleted.
denominations of such Bonds, the place or places O~..oavment
of the orincioal and interest. which may be at any bank oc
trust comeany within or without the State of Florida. and
such other te~ms and orovisionl of the Bonds as it deems
aooropriateo ~he Bonds may b~. gold at public or private sale
for such price or prices as the Board shall determine by
Resolution, The Bonds ~y be deZ~vered t~ any contractor for
payment of his work in constructins a Prefect or may be sold
in such manner and for S~ch O~iCe as the BOard may determine
by Resolution to be for the best interests of the County,
Prior to the preparation of definitive Bonds of any
series. the Board may, under like restrictions. issue interim
racelots. interim certificates~ or temoorarv Bonds,
sxchanaeable for definitive Bonds when such Bonds hays been
executed and are available for delivery_. ~e Board may also
orevide for the reelscement of any Bonds which shall become
mutilated, or be destroyed or lost. Bonds may be ~Bued
without any other oroceedinGs or the happeninq O~ any other
~onditfons or rhinos than those oroceed~nq, conditions or
rhinos which are sDecificallv respired by this Ordinance.
The County may. at its ootion. issue Bonds bearins a
variable rate of interest. whereupon the interest ra~e and
installment oarmerits applicable to Special Assessments shall
be subject to adjustment as orovided by Resolution of the
Board. In such event. the County may impose on such annual
J~allment oarmerits such rate of interest a~ §~all not
exceed the maximum amount of two percent above the true
interest cost at which such Bonds are sold as shall bq
Sletermined on the lSth day prior to the d~te the bill for
such annual installment is mailed by the County. ~f amounts
of interest collected by the County exceed. in the acqrecate.
~he amount of interest that would have been collected tf
interest was imposed at the maximum rate permitted to be
19
Words underlined are added; words s~hrcu~h are deleted.
charged on Special ASsessments. the excess amount~ ~hall be
credited to the next installment or be returned to the
property owners who Paid such amounts. as provided by
Resolution of the Board, If the amounts oF interest
collected by the County are less, in the aGGreGate. than the
amount of interest that would have been collected if the
interest was imposed at the maximum rate permitted to be
charged on Special Assessments, such deficiency may. be
imposed as a surcharqe 0n ~he next ~nstallment..
SECTION FIVE, Addition of Section s to Collier County Ordinance
No, 86-37,
Section S shall be added to Collier CountV Ordinance No,
86-37 and said Section shall read as follows:
Sect~on 8, Taxing Power not Pledged,
Bonds issued under the provisions of this Ordinance
shall not be deemed to constitute · oled~e of the faith and
credit of the County or the Unit. but such Bonds shall be
payable from Pledged Revenues in the m{D~¢r prqvided herein
and bv the Resolution authorizing the Bonds, The issuance of
Bonds under the provisions of this Ordinance shall nO~;
directly or indirectly obligate the County or the Unit to
lew or to pledge any form of ad valorem taxation whatever
therefor, No holder of any such Bonds shall ever have the
right to compel any exercise of the ad valorem taxing Dower
on the Dart of the County or the Unit to DaY any such Bonds
or the interest thereon or to enforce payment of such Bonds
9r the interest thereon aoainst ~nv property of the County
or the Unit, nor shall such Bonds constitute a charge, lieR
or encumbrance. legal or e~uitable. upon any Dropert~ of.~he
County or the Unit. except the Pledoed Revenues~
SECTION SIX, Addition of Section 9 to Collier County Ordinance
NO. 86-37.
Section 9 shall be added to Collier Count~ Ordinance No.
20
Words underlined are added; words eef~e~-ehre~ are deleted,
86-37 and said Section shall read as follows:
Section 9. Funds.
The PledGed Revenues received pursuant to the authority
of this Ordinance shall be deemed to be funds held for the
benefit of Bondholders. to be held and aDolied solely as
provided in this Ordinance and tn the Resolution authorizing
the Bonds.
BECTION BEVEN. Addition of Section 10 to Collier County Ordinance
No. 86-37.
Section 10 shall be added to Collier County Ordinance He.
86-37 and said Section shall read as follows:
Section 10. Remedies of Bondholders.
Any holder of Bonds. except to the ext~Dt the riahts
heroin Qiven may be restricted by the Resolution authorizing
issuance Of the Bonds. m4v, whether at law or in equity. by
suit, action, mandamus or other proceedings, Drotec~ and
enforce any and all rights under the laws of the state or
Granted hereunder or under such Resolution, and may enforce
and compel the performance of all duties r~ouired by this
Dart, or by such Resolution, to be Performed bv the
County.
SECTION EIGHT. Conflict and Severab~lity.
The provisions of this Ordinance shall be liberally construed
to effectively carry out its purposes in the interest of public
health, safety, welfare, and convenience. If any section, phrase,
sentence or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent
Jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision, and such holding shall not affect the
validity of the remaining portions thereof.
SECTION MINE. Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a
part of the Code of Laws and Ordinances of Collier County,
21
Words underlined are added; words e~e~--~ are deleted.
Florida. The sections of the Ordinance may be tenumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION TEN. Effective Date.
This Ordinance shall become effective upon filing this
Ordinance with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of collier county, Florida, this/,F day of ~ ..,
1995 ....
· :,."f',KTr~.s~':.' ,"'% .' Bozen or COUNTY co~e~zss~oNn~s
::." DWIGHT:B]: B~3CK, CLERK COLLIER COUNTY, FLORIDA
This ordlnc~t,''' .~'d with
22
Words underlined are added; words e~ek-~h are deleted.
· ~:XIIIBtT "A"
LEGAL DESCRIPTION
NAPLES PARK ARP. A DRAIUAGE If41'ROVE~IENT DISTRICT
All Chose certain lands lying within portions of Sections 28.29, 32.
and 33, Tornship 48 South, Range 25 East, tollLet Co-sty, Florida, and
being further described as forlows, all o~;
Uni~ No. I, Naples Park as recorded in Pla~ Book 1, Page 106 and; .,
Subdivision of Block 1, Unit No. I, Naples Park, as recorded in Plac ~ook
4, Page 5 and;
Replat o~ Blocks 4 & 5, Unit N~. 1, Naples Park, as recorded in Pla~ Book
4, Page 6 and;
Unit No. 2, Naples Park as recorded in Plat Book 2, Page 107 and;
Urdc No. 3, Naples Park as recorded in Plat Book 3, Page 5 and;
Unit No..4, Naples Park as recorded In Flat Book 3, Page 7 and;
Unit No. 5, Naples Park as recorded in Flat Book 3, Page 14 and;
Unit No. 6, Naples Park as recorded in Flat Book 3, Page 1~ and;
Unit No. 2, Conner~s Var~erbil~ Beach Estates as recorded in Plag Book
3, Page 17 and2
Unl~ No. 3, Connotes Vanderbil~ Beach Estates as recorded in Pla~ Book
3, Page 59 all o{ the Public gecord~ o~ Collier County, Florida:
~oge~her utah all ~hose certain lands lying vl~h Section 33, To~shtp ~8
Sou~h, ~nge 25 East, and being Bou~ed on~he;
~or~h by ~he S~h rtgh~-of~ay line of 91s~ Avenue;
Sough by ~he North =tgh~ay line o~ Vanderbil~ Beach goad;
Zas~ by ~ha ~sC rlgh~-o~ay line o~ U.S. ~1, Nor=h Tamtam1 Trail;
Ues~ by the ~s~ righ~-of~ay line o~ Vanderbtl~ Drlve;
t ~ogeC~er vl~h chose certain lands lying in Sectton 32, To~shlp 48
Sou~h, ~nge 25 Zasg, Collier County, Florida and being described as
BEGIN a~ the Sou~heas~ Co~er of ~g l, Block G, of ~he pla~ [hereo~,
Unl~ No. 2, Conner'e VaMerbll~ Beach EscaPes, as recorded in Pla~ Book
** 3, Pale 17 og the hbllc gecords o~ Collier County, Ylortda;
chance run alon2 a line thltCy (30) geec ~esg, as measured perpendicular
Co, the Zas~ line o~ said Sec~ton 32 had beln2 the ~esg rtgh~-of~ay 11no
of VaMerbll~ Drive, S 1000e00" g A59.25 Iee[ [oa poln~ on ghe Northerly
rt/hg-oE~ay line o{ Vanderb11~ Beech goadl
thence along said Norcherly rlBh~I~ay line N 80'29'30" ~ 305.12 feet;
thence leaving said Northerly rl8h~-of~ay 11no N I*'00'00" ~ 15~.55 feet;
thence N 89000'00" g 120 EeoC;
thence S I'00'00" Z 65.00 feeg;
~hence N 89'00'00" ~ 55,00 feeC~
~hence N t*O0'O0" ~ 316.51 fee~ [o the Sou~hues~ Corner oE aforesaid Lo~
1, Block G;
chance along ~he Southerly llne oE said Lo~ 1, Block C, S 89'52'30" ~
125.O0 fee~ [o the FOI~ OF BEGINNING.
STATE OF FLORIDA
COUNTY OF COLLIER
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County. Florida, do
hereb%, certify that the foregoing is a true copy of:
" Ordinance No. 95-44
which was adopted by the Board of County Commissioners on
the 18th day of J~ly, 1995, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier CoUnty, Florida, this 21st
day of July, 1995.
., .........
DWIGHT E. BROCK ,."
Clerk of Courts and Clerk, ' "
Ex-officio to Board of' ,'
County Commissioners
y:/s/Maureen Kenyon' ,' , :: '
k .., -'