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Resolution 1994-518 ~ JU\... I 9 1994 RESOLUTION NO. 94-~ A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVI:ED AGAINST THE PROPERTIES WITHIN PELICAN BAY MUNICIPAL TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIBS- KEDIAN AREAS, AND MAINTENANCE OF CONSERVATION AND PRESERVE AREAS AND THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR DEBT SERVICE FOR THE OUTSTANDING BONDS. WHEREAS, the Pelican Bay Improvement District completed construction ot improvements in accordance with the Plan of - Reclaaation ot the Pelican Bay Improvement District and such iaprovements are currently in operation; and WHEREAS, during the operation of the improvements, operation, repair and maint.nance costs will be incurred; and WHEREAS, the Board at County Commissioners adopted Ordinance No. 90-111 creating the Pelican Bay Municipal Service Taxing and Benetit Unit tor the purpose of providing water management, beautification of recreational tacilities and median areas, and cons.rvation and preserve areas; and WHEREAS, S.ction 197.3632, Florida Statutes, requires that a public h.aring b. held to adopt a non-ad valorem assessment roll for purposes of utilizing the uniform method of collection. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY -- ---._.-COMMISSIONERS- OF COLLIER COUNTY, -FLORIDA,- that:-- SECTION ONE. This Resolution is adopted pursuant to the provi.ions of Ordinance 90-111 and other applicable provisions ot lave SECT:ION TWO. It is h.reby found and determined that a .pecial ........nt tor debt service on the water management system and a special ass..sment for maintenance of the water management beautification of recreational facilities and median areas, and maintenance of conservation and preserve areas within Municipal Service Taxing and benefit Unit is {'t1d ....0 P~Gt 40 BDOi( - J"- I 9 rqq~ n.c.sllary for tundinq the required payments for the oPQration, repair and Ilaintenance of the water management system, ~autification of recreational facilities and median areas, and aaintenance of conservation and preserve areas during Fiscal Year 1994-1995. a.~. A public hearing before the Board of County Commissioners on the preliminary assessment roll (non-ad valorem a.s..om.nt roll) of the estimated costs to fund the debt service and maintenance of the water management system, beautification of r.cr.ation facilities and median areas, and maintenance of con..rvation and pr.serve areas during Fiscal Year 1994-1995 betwe.n the County and.ach property owner ot land within the Bay MUnicipal Service Taxing and Benetit Unit will be on August 15, 1994 1994 at 6:00 P.M. at The Club at Pelican Bay, 107 Gulf Park Drive, Naples, Florida, at which time the Board of County Commissioners will hear objections of tho owners of the properti.. within the Pelican Bay Municipal Service Taxing and B.n.fit Unit or other persons interested therein, to the adoption ot the preliminary assessment roll (non-ad valorem a...ssment roll). The Clerk shall keep a record in which shall be in.cribed, at the request of any person, firm or corporation having or Claiming to have any interest in any lot or parcel of land with the District, the name and post office address of such h~_.~~~~L._~.~~___o:r_ cO:r~ora t1.(),-,_,.. .~_og.~~~,:r_.., i ~h~~e_ br ~.~.f.. _c:lC:~C::~ iption or d.siqnation of such lot or parcel. The Clerk shall cause the notic. of such public hearing to be published one time in the Naples Daily N.ws, a newspaper published in Collier County and circulating in the District, not less than twenty (20) days prior to ..id date of the hearing. Notice of such public hearing to consid.r the adoption of the preliminary assessment roll (non-ad valor.. ass.ssment 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 BDOK DG1l PA~E 41 2 ~I " 1 Q \OO~ said roll. SECTION FOUR. Notice of such hearing shall be in substantially form: NOT ICE Notice is hereby given that the Board of County Commissioners ot Collier County, Florida, will meet on August 15, 1994 at 6:00 P.M., The Club At Pelican Bay, 707 Gulf Park Drive, Naples, Florida, for the purpose of hearing objections, if any, of all interestedperaona to the adoption of the preliminary assessment roll (non-ad valorem assessment roll) allocating the assessable costa for debt service and maintenance of the water management system, beautification of recreational facilities and median ar.eas, and maintenance of conservation or preserve areas within the Pelican Bay Municipal Service Taxing and Benefit Unit which compri..s and includes those lands described as follows: A tract ot 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 County, Florida, being one and the same as the lands encompassed by the Pelican Bay Improvement District, 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 teet to a point on the West right-Of-way line of U.S. 41 (State Road 45), said point also being the Point of Beginning; thence Southerly along the West right-Of-way line of sald U. S. 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East a ___..._...d.iat.anc.. of~.49. .feet: .thellce. 1?outhQ9 degx:eef; 55 minutes 41 seconds East a distance of 3218.29 feeti thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees 59 lIinutes 03 seconds East a distance of 2626.21 feet; thence South 01 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 490, among the Public Records of said Collier County; thence departing said U.S. 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 South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit 1 as recorded in Plat Book 3, Page 85 among Raid Public Records; thence South 89 degrees 09 minutes 45 aeconds West along said North line of Seagate Unit 1 and the South line of said Section 9 a distance of 2496.67 feet to the Southwest corner of said Section 9; thence continue south 89 degrees 09 minutes 45 seconds IDOl{ Oqo PAGE 42 --__'l-'" -;-.---.---...-. 1111 I Q ,co~ W.st a distance of 225 feet more or less to a point on the mean high water line establish.d May 15, 1968; thence a Northwesterly direction along said mean high water line a distance 15716 feet more or less; thence departing said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (state Road 862) as recorded in D.B. 15, Page 121 among said Public Records a distance ot 7385 feet more or less to a point on said West right-of-way line of U. S. 41 (State Road 45); thence South 00 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) for each lot or parcel of land to be assessed is on tile at the Clerk to the Board's Office, Room 513, County Courthouse, Building. "F", 3301 East Tamiami Trail, Naples, Florida and in the offices of the Pelican Bay Services DiVision, a~l Laur.l Oak Drive, Suite 510, Naples, Florida, and is open to the inspection of the public. All att.cted prop.rty owners have a right to appear and be . heard at the public hearing and to file written objections to the adoption of a 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 the preliminary assessment (non-ad valorem assessment) is void or voidable in 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 ass..sm.nt (non-ad valorem assessment) as indicated on such roll, .ither 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 sp.cial benefits which the Board decides each such lot or parcel has received or will receive on account of such improvem.nts. The assessment so made shall be final and aOOK cet} PAGE 43 i.", ~f .t!t;;'f, If.~,~:, ~tr:'":', r~." t;:'. ,. ..... .'ll '~" -, ;t? ",., ,,~ JUI.. '9 1994 conclusive as to each lot or parcel assessed unless proper steps are taken within twenty (20) days with a Court of competent juri.diction to s.cure relief. The Board will levy a special assessment for Debt Service on the prior Pelican Bay Improvement District Bonds, (non-ad valorem ass...ment) against those benefited properties utilizing an acreage methodology. The total assessment for debt service is $723,300 which equates to $514.02 per assessable acre based on 1,407.1499 assessable acres. The Board will levy a special a....sm.nt (non-ad valorem assessment) for operations and "int.nanc. of the wat.r management system and the beautification of the r.cr.ational areas and median areas, and maintenance of cons.rvation and preserve areas utilizing an Equivalent R..idential Unit based methodology. The total assessment for IOaint.nance ofthawat.r management system, beautification of recreational facilities, and median areas, and maintenance of conservation or preserve areas is $1,203,400 which equates to $156.3308 per Equivalent Residential Unit based on 7697.78 ass.s.abl. units. The special assessment (non-ad valorem ass..sment) will be collected by the Collier County Tax Collector on the owner's ad valorem tax bill pursuant to Section 197.3632, Plorida Statut... Failur. to pay the special assessment (non-ad valoreJI asse.sment) and your property taxes will cause a tax certiticat. to b. sold against the property which may result in a loss of title to the property. ..MY.person .who .decidesto ,appeal a decision of the- Board will n.ed a record of the proceedings pertaining thereto and therefore ..y need to en sur. that a verbatim record of the proceedings is aad.,which r.cord includes the testimony and evidence upon which the app.al is to b. based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAIRMAN DWIGHT E. BROCK, CLERK aoo~ COOP~t 44 JIJt. ,g r99d By: Isl Louise Chesonis Deputy Clerk (SEAL) SECT:ION FIVE. The Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for SECTION SIX. This ResOlution shall become effective immediately passage. This Resolution adopted after motion, second and majority ~~ , 1994 ;.1 BROCK, CLERK r~~. t'.,.~ -..f(7 ~21', "~t'~.~~' . .' ~ -.~' - . ':<'.APpr~ved\~.\t~ torm and .- :leqal lit1fticiency: .... ~ _1,'....( ":.;'. -.A.D '-;~rd D. YOV ov ch Aaaistant County Attorney aDOl 000 PAGE 45 6 , q Iqo1 .!\1I . , "".~' . ~ r Mt :J"-'-- -- 10 FT. ~1In1 ~:J ~Rm~-:..,' r ~rr.-" I -~~,-!:.... .'4lr.ccnll"-T l.ltza . t\'\'rJ'l ::r -- ~.~ ~ ~p~ K'm [I ~ 5 . ........ ... C'.lI'l.CNIX I I":llt'nmt I'AA"C w H 1. ~ s Gulf of Mexico ~ 46- ~OOK 000 PAGE ~i{':.