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Ordinance 86-40 RECEIVED t,c 15 9 z7 '86 ORDINA'~CE,~NO. 86-40 AN ,ORDINANCE RELATING TO THE NORTH NAPLESm ROADWAY MUNICIPAL, SERVICE TAXING AND BENEFIT UNIT, AS CREATED BY ORDINANCE 85-13; DESCRIBING THE LANDS TO BE INCLUDED IN THE UNIT AS GENERALLY CERTAIN LANDS IN SECTIONS 10, 11, 12, 13, 14, 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND CER- TAIN LANDS IN SECTIONS 7, 18 AND 19, TOWNSHIP 48 SOUTH RANGE 26 EAST, ALL AS MORE PARTICULARLY DESCRIBED IN THE ORDINANCE; PROVIDING FOR A GOVERNING BOARD OF THE UNIT; PROVIDING FOR THE POWF. RS OF THE UNIT; PROVIDING THAT THE UNIT MAY LEVY AD VALOREM TAXES ON REAL PROPERTY WITHIN THE UNIT; PROVIDING FOR THE CONSTRUCTION OF. ASSESSABLE IMPROVEMENTS; PROVIDING FOR THE ESTABLISHMENT OF ASSESSMENTS AGAINST BENEFITED PROPERTIES; PROVIDING FOR THE ISSUANCE OF ASSESS- MENT BONDS; PROVIDING FOR THE COLLECTION OF ASSESSMENTS EITHER THROUGH THE AD VALOREM TAX COLLECTION PROCEDURE OR THROUGH FORECLOSURE; PROVIDING THAT ASSESSMENTS ARE A LIEN ON PRO- PERT[ES ASSESSED; PROVIDING FOR CONFLICT AND SEVE]].ABILITY; PROVIDING THAT THIS ORDINANCE SHALL AMEND AND SUPERCEDE ORDINANCE 85-13 IN ITS ENTIRETY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNT~ COMMISSIONERS O12 COLLIER COUNTY, FLORIDA, that~ SECTION 1. CREATION, BOUNDARIEM. There is hereby created the North Naples Roadway Municipal Service Taxing and Benefit Unit. Th,., Unit shall include all lands within the following boundaries as described in Exhibit "A" of this Ordinance. SECTION 2. PURPOSE. The Unit hereby created is for the purpose of exercising those powe£s authorized by Chapter 125, Florida Statutes, and other applicable law. SECTION 3. GOVERNING BOARD, POWERS AND DUTIES. The Board of County Commissioners of Collier County shall be tim governing board of the Unit, with power and authority to conduct the affairs of the Unit as prescribed by Florida Statutes. SECTION 4. LEVY OF TAXES. The Unit may levy ad valorem ta.~es on real property within th.-' Unit as authorized by Florida Statutes. ': :s ;.- SECTIOI'{ 5. DEFINITIONS. As used in this ordinance, the following words and terms shall have the following meanings, unless some other meaning 15 plainly in.tended: (1) "Unit" sl~tll mean the North Naples Roadway Municipal Service Taxing and Benefit Unit created by this ordinance. (2) "Board" ~,hall mean the Board of County Coramissioners of Collier County, Florida. (3) "Cost" as applied to the acquisition and construction of any improvements authorized by the Board shall include the cost of construction or reconstruction, acquisition or purchase, the cost of all labor, materiaLs, machinery and equipment, cost of all lands and interest therein, property, rights, easements and franchises of any nature whatsoever, financing charges, interest prior to and during construction and for not more than two years after completion of the construction or acquisition of such improvements, the creation of initial reserve or debt service funds, bond discount, cost of plans and specifica[ions, cost of construction plans, surveys and estimates of costs and revenues, cost of engineering~ financial and legal services, and all other expenses necessary or incidental in determining the feasibility or practicability of such construction, reconstruction or acquisition, administrative expenses and such other expenses as may be necessary or incid-~ntal to financing authorized by this ordinance; and including reimbursement of the county or any other person, firm or corporation for any monies advanced to the Unit for any expenses incurred by the Unit or county in connection with any of the foregoing items of cost, or the creation of the Unit. (4) "Assessable improvements" shall mean that portion or portions of improvements of a local nature and of benefit to the premises or lands served thereby. (5) "Clerk" shall mean the clerk of the circuit court and ex officio Clerk of the Board of County Coramissioners. (6) "As~essm(;nt bonds" shall mean bonds or other obligations secured by and payable from special assessments levied against benefited lands. (7) "Plans and specifications" shall mean preliminary drawings and specifications which shall show th,." location, size, and nature of the improvements. A description of the kind and quantities of major material items shall be shown. SECTION 6. CO}ISTRUCTION OF ASSESSABLE IMPROVEMENTS; LEVY OF SPECIAI, ASSESSMENTS. The Unit ma)' provide for the construction or reconstruction of assessable improvements as defined in Section 5 of this ordinance, and for the levying of special assessments upon benefited property for the payment thereof, under the provisions of this section. (1) The initial proceeding shall be the passage by the Board of a resolution (the Initiating Resolution) ordering the construction or reeonstruetio, x of such assesaable improvements, indicating the location by terminal points and route~ and either giving a description of the improvement by its ~naterial, nature, character and size or giving two -2- or more descriptior~s with the directions that the material, nature, character and size shaH be subsequently determined in conformity with one of such descriptions. The improvements need not be continuous and may be in more than one locality or street. The resolution ordering any such improvement may give any short and convenient designation to each improvement ordered thereby. (2Xa) As soon as possible after the passage of the Initiating Resolution the county engineer shall prcpl~re in duplicate plans and specifications as defined herein for each improvement order(.'d thereby and un estimate of the cost thereof. Such cost shall include, in addition to the items of cost as defined in this ordinance, the following items of incidental expenses: 1. Printing and publishing notices and proceedings. 2. Costs of abstracts of title, and 3. An), other expenses necessary or proper in conducting the proceedings and work provided for in this section, including the estimated amount of discount, if any, upon the sale of assessment bonds or any other obligations issued hereunder for which such special assessments are to be pledged. If the resolution shall urovide alternative descriptions of material, nature, character and size, such estimate shah include an estimate of the cost of the imFrovement of each such description. (b) The engineer shall also prepare in duplicate a tentative apportionment of the estimated total cost of the improvements as between the Unit and ea,.'h lot or parcel of land subject to ~pecial assessment under the Initiating Resolution. Such tentative apportionment of total estimated cost shall not be held to limit or restrict the duties of the engineer in thc preparation of the preliminary assessment roll. One of the duplicates of such plans, specifications and estimates and such tentative apportionment shall be filed with the Clerk; and the other duplicate shall be retained by the engineer in his files, all thereof to remain open to public inspection. (3) The Clerk upon the flung with him of such plans, spec}fieations, estimates and tentative apportionment of cost shall publish once in a newspaper of general circulation, published in the county, a notice stating that at a meeting of the Board on a certain day and hour, not earlier than fifteen (15) days from such publication, the Board will hear objections of all interested persons to the confirmation of the Initiating Resolution, which potice shall state in brief and general terms a description of the proposed assessabJ.: improvements with the location thereof, and shall also state that plans, specifications, estimates and a tentative apportionment of cost thereof are on file with the Clerk. In addition to the published notice described above, the Clerk shall mail a copy ~)f the notice by first class mail to each property owner to be asse~ed. Notice shall be mailed to the owner at such address as is shown on the tax rolls. 'l'he failure of the Clerk to mail such notice shall not constitute a valid objection to holding the hearing as provided in this section or to any other action taken under the authority of this section. (4) At the time named in such notice, or to which an adjournment may be taken by tho Board, the Board shah receive any objections of interested persons and may then or thereafter repeal or confirm the Initiating Resolution with such amendments, if any, as may be desired by the Board and -which do not cause any additional property to be specially assessed. Assessments shall be levied against all property in the Unit specially benefited by the im[,rovements. Such ass~..ssment shah be based on .?rontage, area, and/or any othe(, method deemed equitable by the Board. -3- ? - (5) All objections to the confirmation of the Initiating Resolution on the ground that it contains items which cannot be properly assessed against prop(:rty, or that it is, for any default or defect in the passage or cha.racter of the resolution or the plans or specifications or estimate, void or voidable in whole or in part, or that it exceeds the power of the Board, shall be made either in writing, and filed with the Clerk at or before the time or adjourned time of such hearing, or shall be made orally at the hearing. Any objections not so made shall be considered as waived, and if any objection shall be made and overruled or sh~dl not be sustained, the eonflr~nation of the Initiating Resolution shall be the final adjudication of the issues presented unless proper steps shall be taken in a court of competent Jurisdiction to secure relief w[thln twenty (20) days from the date of Board action on the Resolution. (6) Upon the confirmation of the Initiating Resolution as hereinable provided, or at any time thereaft..r, the Board may issue aisessment bonds payable out of such assessments when collected. Said bonds shall mature not later than two years after the last installment in ~vhich said special assessments may be paid, as provided in subsection 11, and shall bear interest at not exceeding the maximum amount permitted by law. Such assessment bonds shall be executed, shall have such provisions for redemption prior to maturity and shall be sold in the manner prescribed herein. The amount of such assessment bonds to be issued shall not exceed the amount of special assessments actually confirmed and levied by the Board as provided in subsection 4. (7) At any time after the confirmation of the Initiating Resolution as provided in subsection 4, the Board may publish at least once in a newspaper of general circulation, published in the county, a notice calling for sealed bids to be received by the Board on a date not earlier than fifteen (15) days from the first publication for the construction of the work, unless in the Initiating Resolution the Board shall have declared its intention to have the work done by county forces without contract. The notice shall refer in general terms to the extent and nature of the improvement or improvements and may identify the same by the short designation indicated in the Initiating Resolution and by reference to the plans and specifications on file. The Board shall have the right to reject any or all bids, and if all bids are rejected the Board may readvertise or may determine to do the work by the County forces without contract. (8) Promptly after the completion of the work, the county engineer, who is hereby designated as the official to make the preliminary assessment of benefits from assessable improvements, shall ?re,are a preliminary assessment roll and file the same with the Clerk which roll shall contain the following: (a) A description of the parcels of Land or lands with the Unit which will benefit from such assessable improvements and the amount of such benefits to each such parcel of land, Sunh parcels shall include the property of the county and any school district or other political subdivL~.ion, There sltall also be given the name of the owner of record of each lot or parcel as shown on the tax rolls, (b) The total cost of the improvement _and the amount of incidental expense. (9) The preliminary roll shall be advisor{ only and shall be subject to the action of the Board as herein~lfter provided. Upon the filing with the Clerk of the preliminary assessment roll, th,; Clerk shall publish at least once in a newspaper of general circulation, published tn the county and circulating in the Unit, a notice stating that at a -4- meet[ag of the Board to be held on a certain day and hour, not less than fifteen (15) days from the date of such publication, which meeting may be a regular, adjourned or special meeting, all interested persons may appear and file written objections to the confirmation of the preliminary assessment roil. Such notice shall describe the assessable improvements and the location thereof. (10) At tSe time and place stated in such notice the Board shall meet and receive the objections in writing of all interested persons as stated in such notice. The t~oard may adjourn the hearing from time to time. After the comp)etlon thereof the shall either annul or sustain or modify in whole or in part the preliminary assessment as indicated on such roll, either by confirming the preliminary assessment against any or all lots or parcels described therein or by cancelling, increasing or reducing the same, according to the special benefits which tile Board decided each such lot or parcel has received or ~dllr.~ceive on account of such improvement. If any property which may be chargeable under this section shall have been omitted from the preliminary roll or if the preliminary assessment shall not have been made against it, the Board may place on such roll an apportionment to such property. The Board shall not confirm any assessment in excess of the special benefits to the property assessed, and the assessments so confirmed shall be in proportion to the special benefits. Forthwith after such confirmation such assessment roll shall be delivered to the Clerk. The assessment so made shall be final and conclusive as to each lot or parcel assessed unless proper steps be taken within thirty (30) days in a court of competent jurisdiction to secure relief. If the assessment against any property shall be sustained or reduced or abated by the court, the Clerk shall note that fact on the assessment roll opposite the description of the property affected thereby. The amount of the special assessment against any lot or parcel which may be reduced or abated by the court, urdess the assessment upon the entire Unit be reduced or abated, or the amount by which such assessment is so reduced, may by resolution of the Board be made chnrgeable against the Unit at large; or, at the discretion of the Board, a new assessment roll may be prepared and confirmed in the manner hereinabove provided for the preparation and confirmation of the original assessment roll. (llXa) Any .tssessment may be paid in full at the office of th~.. Clerk within sixty (60) days after the confirmation thereof, without interest, or with such interest or service charge as ~he Board may determine in any resolution authorizing the issuance of assessment bonds. Thereafter all assessments shall be payable in equal installments, with inter~st at not ex..-eeding the maximum rate permitted by law, or, if bonds are i~sued pursuant to this ordinance, at a rate not to exceed one pea'cent above the rate of interest at which such bonds are sold, from the expiration of said ~lxty (60) days in each of the succeeding number of years which the Board shall determine by resolution, not exceeding forty (40); provided however, that the Board may provide that any assessment may be paid at any time before due, ~ogether with interest accrued thereon to the date of payment, if such [,riot payment shall be permitted by the proceedings authorizing any assessment bonds c.r other obligations for the payment of which such special assessments have been pledged. (b) All ~uch special assessments may be collected by the tax collector at the same time as the ad valorem taxes of the Unit and general county taxes are collected by the tax collector if the Board shall, prior to the confirmation of '..'he resolution ordering the improvements o,-'~suant to subsection 4 hereof, have entered in~o an agreement with the Property Appraiser and otherwise met the requirements of Seetk~n 197.0128 Florida Statutes, -5- imam m mama (e) All assessments shall constitute a lien upon the property so assessed from the ([at-: of confirmation of the Initiating Rasolution of thn same nature and to the same extent as the lien for general county taxes fallin~g due in the same year or years in which such assessments or installments thereof fall due,, and any assessment or installment not paid when due ~hall be collectible with such interest and with a rem~onable attorney's fee and costs, but without penalties, by the Unit by proceedings in a court of equity to foreclose the lien of assessments as a lien for mort~gages is or may be foreclosed under the laws of the state; provided that any such pr~)ceedings to foreclose shall embrace all installments of principal remaining unpaid with accrued interest thereon, which installments sh~dl, by virtue of the institution of such proceedings, immediately become due and payable. The collection procedure described herein shall be an additional or alternative method to the method of collection described in subsection (llXb) above. id) Nevertheless, if prior to any sale of the property under decree of foreciosure in such proceedings, payment be made of the installment or installments which are shown to be due under the provisions of the resolution passed pursuant to subsection 10, and by this subsection, and all costs including interest and attorney's fees, such payment :ihall have the effect of restoring the remaining installments to their original maturities as provided by the resolution passed pursuant to this subsection and the proceedings shah be dismissed. (e) It shall be the duty of the Board to enforce the prompt collection of assessments by the means herein provided, and such duty may be enforced at the suit of any holder of tonds issued under this ordinance in a court of competent jurisdiction by mandamus or other appropriate proceedings or action. if) Not later than thirty (30) days after the annual installments are due and payable, it shall be the duty of the Board to direct the attorney or attorneys whom the Board shall then designate, to institute action within two montI~ after such direction to enforce the collection of all special assessments for assessable improvements made under this section and remaining due and unpaid at the time of such direction. Such action shall be prosecuted in the manner and under the conditions in and under which mortgages ara foreclosed ~mder the laws of the state. (g) It shall be lawful to join in one action the collection of assessments against any or all property a~-~sessed by virtue of the same assessment roll unless the court shall '~eem such ]otnder prejudicial of the Interest of any defendant. The court shall allow a reasonable attorney's fee for the attorney or attorneys of the Unit, and the same shall be collectible as a part of or in addition to, the costs of the action. ih) At the sale pursuant to decree in any such action, the Unit may be a purchaser to the same ~xtent as an individual per§on or corporation, except that the part of the purchas(: price represented by the assessments sued upon and the interest thereon need not be paid in cash. Property so acquired by the Unit may bo sold or otherwise disposed of, th,.. proceeds of such disposition to be placed in such fund as provided by any resc'iution authorizing the issuance of assessment bonds provi¢led, however, that no sale or other disposition thereof shall be made unless the notice celhng for bids therefor to be received at a ;~tated time and plane shall have been published in a newspaper of general circulation, published in the county, at least twenty (20) days prior to such disposition. (1~) All assessments and charges made under the provisions of this section for the payment of all or any part of the cost of any assessable Im~.rovements for which -6- assessment bonds ~hall have been Issued under the provisions of this ordinance, or which h~ve been pledced as additional security for any other bonds or obligations issued under this ordinance, shall be used only for the payment of principal of or interest on such assessment bonds or such other bonds or obligatioas~ provided however, that such assessments and c~arges may b~ used to pay the cost of collection Incurred by the Tax Collector and/or Property Appraiser, as shall be more fully set forth in the agreement referred to in subsection ll(b), (13) The county, the school district, and any other political subdivision wholly or partly within the Unit shall possess the same power and be subject to the same duties and liabilities in respect of assessment under this section affecting the real estate of such county, school dist~-ict or other political subdivision which private owners of real estate possess or are subject hereunder, and such real estate of any such county, school district and political subdivision shall be subject to liens for said assessments in all cases where the same property would be :;ubject to such liens had it at the time the Hen attached been owned by a private owner. (14) If any special assessment made under the provisions of this chapter to defray the whole or any part of the expense of any such Improvement shall be deemed by the Board to be inadequate to meet the obligation owed to bondholders, the Board may adjust the duration of and the interest penalty on installment payments of the assessment so that payments of special assessments shall be sufficient to satisfy the contractual obligation owed by the Unit to bondholders. However, such adjustment shall not have the effect of increasing the special assessment of any property, including the effect of increasing the amount of assessment of any property in proportion to the amount of benefits conferred on that property, nor shall such adjustment increase the interest rate or the installment [,ayment pet'.od beyond the interest rate and payment period set forth in subsection ll(a). Further, the Board, in adjusting the interest rates and the period of payment of assessments, shall follow the provisions of this section providing for notice and hearing to interested persons and providing for passage of resolutions establishing special assessments. SECTION 7. ISSUANCE OF ASSESSMENT BONDS. The Board for and on behalf of the Unit is authorized to provide from time to time for the issuance of assessment bonds to pay all or part of the cost of improvements. The principal of and interest on any such bonds shall be payable from the pledgc of special assessment levied pursuant to this ordinance or by a pledge of the full faith it.nd credit of the Unit, if such frail faith and credit pledge be authorized by referendum. The bonds shall t,e dated, shall bear interest at such rate or rates ss shall not exceed the maximum rate p.:;rm[tted by law, shall mature at such time or times not exceeding forty (40) years from their date or dates as may be determined by the Board and may be made redeemable before maturity, at the option of the Board, under such terms and conditions and at such prices as may be fixed by the Board prior to the issuance of such bonds. The Board shall determine the form of the bonds, including any interest coupons to be attached there[o, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or witleout the state. Such authorl~.tng resolution may further provide that such bonds may be executed manually or by the engraved, lithographed or facsimile signature of the chairman of the Board. The seal of the County may be affixed or lithographed, engraved, or otherwise reproduced in facsimile on .~uch bonds and shall be attested by the manual or facsimile stgr. ature of the Clerk. In c, tse any officer whose -7- signature or a facsimile of whose signature shall appear on the bonds ~hall cease to be such officer before the delivery of such bonds, such Mi,mature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Ail bonds issued under the provisions of this ordinance shall be and constitute end have all the qualities and incidents of negotiable instruments under the law merchant and the negotiable instruments law of the state. The bonds may be issued in coupon or registered form as the Board may determine in such authorizing resolution and provision may be made for the registration of any coupon bonds as to principal alone and also as to principal and interest, and for the reconversion of coupon bonds or of any bond registered as to principal and interest. The issuance of such bonds shall not be subject to any limitations or conditions contained in any other law and the Board may sell such bonds in such manner, either at public or private sale, and for such price, as it may determine to be for the best interest of the Unit, but no such sale shall be made at a price so low as to require the payment of interest on money received therefor at a rate in excess of the maximum rate permitted by law, computed with relation to the at:solute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid for the redemption of any bonds prior to maturity. SECTION 8. INTERPRETATION AND SEVERANCE. If any part of this ordinance be declared invalid by a court of competent Jurisdiction, tim remainder shah be unaffected thereby. SECTION 9. AMENDMENT OF ORDINANCE 85--13. This ordinance shall amend and supercede Ordinance 85-13 in its untirety. SECTION 10. EFFECTIVE DATE. This ordinance shall take effect as provided 'by law. PASSED AND DULY ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS THIS 5th day of August ~ 1986. BOARD OF COUNTY COMMISSIONERS O1m COLLIER COUNTY 'CLERK :..,; :. .' .".' . / , Jo~n A. Pistor ,QyY. D'Y~S TO FORM AND LEGAL SUFFICIENCY Kermeth B. 'Cuyler, Cp~fity Attorney DAP/yah0640 6/10/86 EXHIBIT "A" Legal Description of MSTU Parts of Section 10, Township 48 South, 9ange 25 East as described below: The Southeast Quarter of the Southeast Quarter and the South 1,070 feet of the Southwest Quarter of the Southeast Quarter lying East of the Seaboard Coastline Railroad right-of-way (OR Book 558, Page 492; OR Book 535, Page 898; OR Book 1039, Page 1034) and the Southwest Quarter of the Southeasn Quarter ~¥ing West of the Seaboard Coastline Railroad Right-Of-Way (OR Book 870, Page 484) excluding the North 920 Feet therefrom, all lying in Collier County, Florida. Parts of Section 11, Township 48 South, Range 25 East as described below: The East Half and the East Half of the West Half and the Southwest Quarter of the Southwest Quarter and the South Half of the South Half of the Northwest Quartar of the ~outhwest Quarter, all lying in Collier County, Florida. Ail of Section 12, Township 48 South, Range 25 East, all lying in Collier County, Florida. All Section 13, Township 48 South, Range 25 East, all lying in Collier County, Florida. Parts of Section 24, Township 48 South, Range 25 East as described below: The East Half of the East Half of the East Half and the West Half of the Northeast Quarter of the Northeast Quarter, all lying in Collier County, Florida. Parts of Section 15, Township 48 South, Range 25 East as described k,elow: The North 1,010 feet of the Northwest Quarter of the Northeast Quarter lying East of the Seaboard Coastline Railroad right-of-way (OR Book 597, Pages 1026, 1013; OR Book 532, Page 271) and the North 1,080 feet of the Northwest Quarter of the ~ortheast Quarter lying West of the Seaboard Coastline Railroad right-of-way (OR Book 1055, Page 272; OR Book 1024, Page 1278, 1280, 1282, 1284) and the East Half of the Northeast Quarter, all lying in Collier County, Florida. Parts of Section 14, Township 48 South, Range 25 ~ast as described below: The Northwest Quarter of the Northwest Quarter, all lying in Collier County, Florida. Ail of Sections 7, 18 and 19, Township 48 South, ~ange 26 East lying West of the right-of-way of Interstate 75, less and except Regency Village of Naples PUD (200~ acres) all lying in Collier Colnty, Florida. STATE OF FLORIDA ) COUNTY OF COI,LIER ) I, JAMES C. GILES, Clerk.of Cou~ts in and for the Twentieth Judicial Circuit, Collier ~ount¥, Florida, do hereby certify that the foregoing is a true original of ORDINANCE NO. 86-40 that was adopted by the Board of County Commissioners during Regular Session on the 5th day of August, 1986. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of August, 1986. JAMES C. GILES, CLERK Clerk of Courts and Clerk Ex-officio to the Board of County Commissioners / --~.~ ~),.~..~ ~.., //. . . , ~,.. .... ..'/~..,, Virgi~a Ma g r i ~.~D~D~le~'