Resolution 1988-234 (CWS 88-24)
-
-
-
...
SEPTEMBER 27, 1988
District f4
RESOLUTION NO. 88-234/CWS 88-24, CONFIRMING THE CREATION OF DISTRICT
'4 EAST AND SOUTH NAPLES SANITARY SEWER SYSTEM, DELETING MYRTLE LANE,
AND ORDERING CONSTRUCTION OF THE ASSESSABLE IMPROVEMENTS - ADOPTED
commissioner Glass moved, seconded by Commissioner Goodnight and
carried unanimously, to confirm the creation of District '4 East And
South Naples sanitary Sewer system, reflecting the deletion of Myrtle
Lane, and ordering construction of the assessable improvements,
thereby, adopting Resolution No. 88-234/CWS-88-24.
commissioner Glass moved, seconded by Commissioner pistor and
carried unanimously, that the utilities Division' obtain a Construction
Loan or Bond Anticipation Note in an amount not to exceed $6,701,817;
the conSUlting Engineer finalize the construction documents for the
project; the ,utilities Division obtain bids for construction of ,the
sewer facilities upon completion and approval of the construction
documents, construction permits, all necessary utility easements, and
the method of financing the construction.
.,
;,,!
'(' )
~'
:i;l
i ~
lOOK I1BrAq 360
Page 55
~:s
'.:.)
,CD
~
j ~
'" r
,
aoo~ 118 PAGE 3'61
nEc~ SEPTEt'.BER 27, 1988
PRM RESOLUTION NO. 88-234
~ DOC_
E c INT~ RESOLUTION NO. CWS-88-24 Q
UJ ::0
c INO
en a:: A RESOLUTION PERTAINING TO "DISTRICT 4 - EAST en
C)
u 0
; ILl AND SOUTH NAPLES SANITARY SEWER SYSTEM" 0
a:: SPECIAL ASSESSMENT DISTRICT IN THE COLLIER :;Ill;
I COUNTY WATER-SEWER DISTRICT OF COLLIER
COUNTY, FLORIDA AND CONFIRMING THE BOARD'S
RESOLUTION NO. 88-93 AND RESOLUTION NO.
CWS-88-6, ORDERING THE CONSTRUCTION OF
SANITARY SEWER IMPROVEMENTS IN SUCH
ASSESSMENT DISTRICT TO BE FINANCED WITH
SPECIAL ASSESSMENTS AGAINST THE BENEFITTED
>- PARCELS OF PROPERTY FOR SUCH IMPROVEMENTS.
t-
o :z: WHEREAS, on April 26, 1988, the Board of County C)
:;:) C)
C) i2
(,,) Florida, acting as Ex-Officio
ffi Commissioners of Collier County, G) ......
:J Governing Board of the Collier County Watet-Sewer District of m .",.
-' co
0
0 u
~!
L
~1 lie
a~
j"~~
qli: ,
Collier County, ("the Board") adopted its Resolution No. 88-93
and Resolution CWS-88-6 ordering the construction of the sanitary
sewer improvements described therein (the "Project") to be
located along the routes and in the areas described therein,
designating the area to be assessed for the payment of the cost
of such improvements as "District 4 - East and South Naples
Sanitary Sewer System" of the Collier County Water-Sewer
District; and
WHEREAS, on August 30, 1988, the Board adopted Resolution
No. 88-196 and Resolution No. CWS-88-16 fixing the date, time and
place for a public hearing on the confirmation of Resolution No.
88-93 and Resolution No. CWS-88-6, such public hearing to be held
on September 27, 1988 at 9:00 a.m., at Building "F", County
Courthouse, East Naples, Florida; and
WHEREAS, notice both by publication and by mail was duly had
and given as by law provided to property owners whose property
was to be included in the special assessment district for the
September 27, 1988 public hearing; and
WHEREAS, said hearing was duly and regularly held on
September 27, 1988.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT OF
COLLIER COUNTY, FLORIDA, that:
1
-
..
..
..
-
..
SEPTEMBER 27, 1938
SECTION 1. The Board, having heard property owners and
other interested persona appearing before the Board as to the
propriety and advisability of making sanitary sewer improvements
described in the Board's Resolution No. 88-93 and Resolution No.
CWS-88-6 adopted April 26, 1988, and as to the manner of payment
of said cost by the levy of special assessments against parcels
of property to be specially benefited by such improvements and
having considered any objections to Resolution No. 88-93 and
Resolution No. CWS-88-6, on the ground that it contains items
which cannot properly be assessed against property, or that it is
for any default or defect in the passage, void or voidable in
whole or in part, or that it exceeds the power of the District
Board, hereby determines and resolves to proceed with the Project
with the exception that Lots 1 through 22, inclusive, Block A,
and Lots 1 through 23, inclusive, Block B, Myrtle Cove Acres Unit
1 as recorded in Plat Book 3, Page 38 of the Public Records of
Collier County, Florida, is hereby removed and excluded from
"District 4 - East and South Naples Sanitary S!!wer System"
Assessment District. Resolution No. 88-93 and Resolution No.
CWS-88-6 are hereby amended accordingly and the sanitary sewer
improvements described therein less those sanitary sewer
improvements deleted as described in this paragraph shall be
referred to herein as the "Confirmed Project".
SECTION 2. The cost of the Confirmed Project is estimated
to be approximately $6,430,533.00 which shall be paid as provided
in such Resolution No. 88-93 and Resolution No. CWS-88-6 adopted
April 26, 1988.
SECTION 3. Th~ assessments described in said Resolution No.
88-93 and Resolution No. CWS-88-6, (legal description of the ;
special assessment district as Amended and confirmed herein is
attached hereto as Exhibit "A"), shall be co-equal with the lien
of other taxes, superior to all other liens, titles and claims,
until paid. Such assessments are found and determined to be
levied in direct proportion to the special and positive benefits
to be received by the properties listed in the tentative
aou~ 118 PA~,E 362
2
..
aDOK 118 PAGE 363
SEPTEMBER 27, 1988
apportionment of cost roll from the acquisition and construction
of the Confirmed Project.
SECTION 4. The assessments described in said Resolution No.
88-93 and Resolution No. CWS-88-6, as amended and confirmed
herein, shall be levied as follows against all lots and lands
adjoininq and contiguous or boundinq and abutting upon the
Confirmed Project or specially benefitted thereby and further
designated on the Tentative Apportionment of Cost Roll.
The apportionment of costs of the Confirmed Project will be
based on a front foot method of assessment utilizing direct and
special benefit factors for each parcel.
0=
:;0=
en
o
o
~.
w
CD
CD
A.
DIRECTLY BENEFITTED
;2.
CD
P1
The directly 'benefitted method is based on the front
footage of the properties adjacent to the street
right-Of-way or easement in which utilities and
, ,
connection are proposed. The footage dimension shown
on the Tentative Apportionment of Cost Roll has been
taken directly or calculated from the plats and County
Tax Assessment Maps and are not based on field surveys.
, .
The Following general guidelines were used for special
cases where service was provided, but a direct front
footaqe measurement did not apply.
1. Corner Parcels - assessment distance for parcels
that will be served by improvements on more than
one street or side is determined by using the
short side plus that part of the long side that is
in excess of 150 feet, this assumes an effective
service depth of 150 feet from a lateral that
would be provided for sewer service.
2. Irreqular Shaped Parcels - assessments for
irregular shaped parcels will utilize an "average"
lot frontage from immediately adjacent areas.
3. service to a Parcel Boundary (Point Service) -
assessment for parcels that sewer service is
provided for by means of a sewer line extension to
a property point (perpendicular to a front lot
3
..',.
-
..
- - -
SEPTEl'l3ER 27, 1908
line for example) are based on 150 feet of
frontage per parcel exclusive of the parcel's
boundary dimensions or configuration.
SPECIAL ASSESSMENTS 0 C)
B. ::0 C)
Included in the project are sewer extensions 1nto CD Co\)
0
0 CD
existing Condominium or Rental properties that are :;::Il; co
currently serviced by septic systems or interim
wastewater treatment facilities. All construction
costs associated with the extensions will be compiled
individually. Direct assessment of the total
construction costs shall be made as a lump sum amount
to the association or property owner of record.
SECTION 5. All objections to the confirmation of Resolution
No. 88-93 and Resolution No. CWS-88-6, as amended and confirmed
herein, on the ground that it contains items which cannot be
properly assessed against property, or that it is for any default
or defect in the passage or character 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 District Board,
shall be made in writing in person or by attorney, and filed with
the District Clerk at or before the time or adjourned time of
. such hearing. Any objections against the making of any
assessable improvements not so made shall be considered as
waived, and if any objection shall be made and overruled or shall
not be sustained, the confirmation of the resolution shall be the
final adjudication of the issues presented until proper steps
shall be taken in a court of competent jurisdiction to secure
relief within 20 days.
SECTION 6. The District Clerk is hereby ordered and
directed to spread this resolution in full among the minutes of
this meeting for permanent record in his office and to record
this resolution in the Official Records of Collier County,
Florida.
SECTION 7. This resolution shall become effective
immediately upon its passage.
aODK 118 PAr.t 3'64
4
=
C)
i2
~:
N
aoo~
118 mt 365
This Resolution adopted after motion, second and majority
SEPTEMBER 27, 1988
vote.
DATED: September 27, 1988
ATTEST:
~,.",JAMES C. GILES, Clerk
.",,':;...;\~~~ ~l'::' r Y'.:.\ll'i"
I ,~, > ,.,;.".(.,'
:'::- /1~:.!'~--; . ~' .:;,
,:::,' 1'''>,,''':.'. ..~.
."'.., _ ~:1."" ~_
"~~Y,.',:"":;:>""'.'l,;.; "/" ~"
'" '... ~\'.~
. '. '.^. \ .
Approved as to form and; 0'
legal sufficiency:
-,
BOARD OF COUNTY COMMtsSIONBRS S
COLLIER COUNTY, FLORIDA, AS
EX-OFFICIO THE GOVERNING BOARD en
OF THE COLLIER COUNTY WATER-SEWER g
DISTRICT OF COLLIER COUNTY, ~
FLORIDA .
By: ~ ..H' ~
(~.{ ~UNDERS, Chairman
5
-
-
-
.
.. ~1' "A"
-
SEPTEMBER 27, 1988
WILBeN . MILLER . BARTeN · BaLL Q P..K. INC.
ENGINEERS PLANNERS SURVEYORS
1383 AFlPQRT.I"U.,LI'G FlClAO NORTH. NAPl.... PLCRClA 33&48.... 18131 ~&4a
LF.GAL DP.SCRIPTIOM
District J4
Eagt and South Nap1~s Sanitary Sewer SYBt~m.
Q
All that: tlart of !joction 30, Township !j0 South, Rllnge 2~ East, 0 0
Colli"r County, Florida, lying northusterly of U.S. 41 (S.R.-C)O ::0
Tamiami Trail) AND all that pa~t of. said Section 3n a3 ~~scribcd in~ ~
O.R. 515, ~age 855, Collier County Public Records, r.ollier County, C) co
Florica, and in O.R. 516, pages 119-120, Collier County Public ~ co
Records, Collier County, Florida,
AND
Section 29, Township 50 South, Range 1.6 East, Colli~r County, .
Florida, T~gs that land as degcrib~d in O.R. 1179, page 1450-14S~,
being known--as Lo1y R , D Park, also ~ Lots 1 through 22, Block A
and Lot~ I through 23, Block 1', ~tyrtle Cove Acres Unit 1, according
to the plat tnoreof as recor~ed in P.B. 3, page 33, Collier County
Public r.ecords, Collier County, Florida:
AND
Trail Acres Unit 3 and all that oart of vacatnd Tr.ail Acres Unit 3
according to t~~ plat thereof as'~ecordcd in P.D. 3, paqe ~4,
Collier County Pu~lic Pecords, Colli~r County, Florida1
AND
Trail Acres Unit 4 according to the ~lat thereof as recorded in P.9.'
7, page 1~3, Collier Cou~ty Public R3cords, Collier County, Florida,
AND
Trail Acres Unit 1 according to the plat thereof as recorded in P.B.
3, page 50, Collier County Public Records, Collier ~ounty, Florida,
AND
T~ail Acras Unit 2 according to the plat thereof as recorded in P.O.
4, ~age ~2, Colli~r County Public r.ecords, Col~ier County, Flori~a'
AND
All that lan~ as described in O.R. Rook ROO, page 1476, Collier
County Public Records, Collier County, Florida, bning a part of
Sect.ion 32, Town!\hip 50 South, Rango 26 East, Collier County,
Florida:
AND
All that part of Section 33, Township ~o South, Rang~ 26 East,
Collier County, Florida,
being describe~ in the following four (4) recorded descriptionS1
1) O.R. Doak 1226, pages l150-ll~2
2) O.R. Book 662, pages 1521-1523
3) O.R. Dook 433, pages 28~-238
4) O.R. 1262, pages 330-333
sait! 0P'gcri~tions bp.ing ~acorded in Collier County Public Records,
~ollicr County, Florida,
AND
The Uorthoast 1/4 of S'Jction 32, Townshio SO !jouth, Range 26 East:,
Collier County, Florida LESS that land a; ~escri~od i~ the following
three (3) recorded descriptions,
1) O.R. Book 635, page 1991
2) O.R. Book 1282, pages 1764-1765
3) O.R. 1056, page 1775
said descriptions b~ing recorded in Collier County Public Records,
Collier County, Florida, and being a ~art of Section 32, TownShip 50
South, Range 2S East, Collier County, Florida.
SOLL & PEEK, INC.
Surveyors
- / .'..
A~, / ) 'I.r
I
~ DATE
st ansen, Jr., P.L.S.
t276~
not valid unless ombo'Jt!'Jd with the P"ofe8sional'~ 8Cial.
;;;:>
AIcDtded and ~<
III OlIldIIlleCOIdS cI
COWER COUNTY, flORIOA
JAMES Co GILES. CL'~
aoD~ 118 PAr.t366
~w.-.......... ' -.......... .-rD\I."L . 'nClMAII..._...._ _M__ ~H.__"" ';
--c.-..r....._ _KlICU.._ "_A.QA&_ _..ecan-.a._ _..__ _ll_.-