Resolution 1993-324 ;' 7# 1f958 693 AUG -5 PH a 20 1 853 00000 i•
pTAKI6•-COUNTY RECORDED OR BOOK PAGEI <;
iAUGUST 3, -1993 't-4
w , �' , • r * r� RESOLUTION NO. 93 324
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'i4• 'a"• A RESOLUTION APPROVING THE PRELIMINARY
4NT.rwo ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL
1,104■0•6". AND ADOPTING SAME AS THE NON-AD VALOREM ,"
.:4` ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE
UNIFORM METHOD OF COLLECTION PURSUANT TO
SECTION 197.3632, FLORIDA STATUTES, FOR THE
. ,,.- CONSTRUCTION OF ROAD IMPROVEMENTS, DRAINAGE
. ^+ IMPROVEMENTS, WATER DISTRIBUTION SYSTEM AND
SANITARY SEWER SYSTEM WITHIN THE NAPLES
' "'r, PRODUCTION PARK MUNICIPAL SERVICE TAXING AND
if,'i' BENEFIT UNIT; AND AMENDING RESOLUTION NO.
tt ' < 93-268.
. •
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: ` ` WHEREAS, the Board of County Commissioners of Collier County, •
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i Florida, (hereinafter referred to as COUNTY) adopted Ordinance No
i F F
' 85-39 which created the Naples Production Park Municipal Service r
a Taxing and Benefit Unit for the purpose of constructing road
t • ,
t :: 4 improvements, 'drainage improvements, water distribution system and
}-4 sanitary sewer system (hereinafter referred to as the PROJECT); 4''''
t ` < and
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a WHEREAS, on August 7, 1990, the Board of County Commissioners 3
.'-'- �. adopted Resolution No. 90-409 initiating a program for the purpose ' ,.
L ` ` • of providing for the construction or reconstruction of the Project
' and the cost of said improvements to be paid by a special
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assessment a ainst•the benefited
g properties within the Naples
F . ' '!,i
s Production Park Improvement Assessment' District; and
4,.:4,: : WHEREAS, the Board of County Commissioners held a public
i.
rY • hearing on January 28, 1992 and adopted Resolution No. 92-52
rti Jc ,approving the revised plans, specifications, and estimated costs; >
!-"'. ' ,.7- --- ' approving the updated and revised tentative assessment roll for
''ik i the Naples Production Park Municipal Services Tax and Benefit Unit
y, ; assessment district; confirming the initial resolution, Resolution .-
No. 90-411; ordering the construction of the assessable
' -u improvements within the benefit unit to be financed•with special
'" 1 5
, i '`y"3`ASseasments: against the benefited parcels of f
"��, g p property for'such � .ye
�`` S der, + �
f` - 'i improvements; and #
;' �' � WHEREAS, the construction of the assessable improvements has
f,1 ' r been completed and the preliminary assessment roll has been ,,,�
•ti .," . '"X:.'• + r. mow:
j ;, prepared; and a s
f� ; bOOK OQO PAGE 72 s
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' �r{ 7 1853 000002
-I OR BOOK , • PAGE r
i t AUGUST 3, 1993 `',
f ;' `s,: WHEREAS, Section 197.3632, Florida Statutes, requires that a
' 1el. public hearing be held to adopt a non-ad valorem assessment roll
i l 5" for purposes of utilizing the uniform method of collection; and
r
� , WHEREAS, the preliminary assessment roll confirmed pursuant
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to Ordinance No. 88-23 (the "Ordinance") and the non-ad valorem
r roll adopted pursuant to Section 197.3632, Florida Statutes, are
for practical purposes identical documents and the terms are 0, 1 �
i
interchangeably used throughout this Resolution, and
e
F. WHEREAS the Board of County Commissioners on June 29, 1993
j, adopted Resolution No. 93-268 fixing the date, time and place for
4•:� the public hearing to approve the preliminary assessment roll and ts
e, ' to adopt the non-ad valorem assessment roll to utilize the uniform ;
method of collection pursuant to Section 197.3632, Florida lq
Statutes; and °}
Yr WHEREAS, said public hearing was duly advertised and �s"
regularly held, at the Board of County Commissioners meeting room, 4
" , :. Building "F", Third Floor, 3301 East Tamlami Trail, Naples,
t- , , Florida, commencing at 9:00 A.M. on July 27, 1993; and I.
• k 75 " WHEREAS, the Board of County Commissioners on July 27, 1993
1 ,ra continued the public hearing to August 3, 1993.■
1 `*r' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY x
I r ., ' COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ;.
SECTION ONE The Board, having met to receive and consider
, the written objections of the property owners and other interested
.'1 persons appearing before the Board as to the propriety and
['., advisability of confirming and adopting the Na les Production Park 4
• Municipal Service Taxing and Benefit Unit preliminary assessment
;^ x .: roll (non-ad valorem assessment roll) , as to the amounts shown .i
4 ',. thereon to be assessed against the lots and parcels of land to be
benefited and as to the equalization of such assessments on a
• * basis of justice and right, does hereby confirm such preliminary
s ' f assessment roll and make it final and adopt same as the final. 0-.;
r; non-ad valorem assessment roll for the purpose of utilizing the
i ., .ry : uniform method of collection.
r.
�•' / BOOK YOO PAGE 73
' ` `: = 1853 0000.0.3
z OR BOOK AUGUST 3, 1993 PAGE!
The improvements consist of construction of road
7„,'4. . 1
0-* improvements, drainage improvements, water distribution system and
sanitary sewer system which are as described in Resolution No. 'j,
I. s',:
92-52 and said improvements have been constructed for a total
if.
, A. 7 assessable cost of S8.674.581.80 which equates to 1) $134.9858 '=
* tl per front foot based on 41.099.40 total front feet of properties
receiving a benefit from the roadway and drainage improvements -.
within the Unit; 2) $28.3869 per front foot based on 25,854 total
front feet of properties receiving a benefit from the water
'`•' distribution system improvements within the Unit; and 3) S55.4841
per front foot based on 41.954.70 total front feet of properties
t ` Cy receiving a benefit from the sanitary sewer system improvements ' `
! within the Unit, except those certain properties located in and
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adjacent to Collier Production Park which will receive an
assessment of $9.3851 per front foot based on 6.927.20 front feet
of properties receiving a limited benefit from the sanitary sewer
system improvements. •
i; .f"'' , Included in the assessable Project costs are construction ti
, ; , costs; engineering fees for design, construction and inspection;
f ' financing costs; and other assessable costs as permitted by law '(
associated with the roadside improvements. The total assessable
$',' Project costs represents an assessment to the benefited properties 4,
,,, within the Naples Production Park Improvement Assessment District
r, which is more particularly described as follows: l
' All the lands located within Section 36, Township 49 South,
Range 25 East, Collier County Florida, and generally being
:,. bounded on the North by a line running parallel to and �°
),!'` approximately 330 feet South of Mercantile Avenue, by the k
Section line to the East, by Radio Road on the South and by
Airport Road on the West; :
ii ;.
which is within the Naples Production Park Municipal Service •
' ... Taxing and Benefit Unit which is described as:
; ; All the lands located in Section 36, Township 49 South, Range
µ 25 East, Collier County, Florida, less and except the rT
tt following described property: Commencing at the Northwest
l.; corner of Section 36, Township 49 South, Range 25 East,
a. Collier County, Florida; thence along the North line of said
Section 36, North 89.24'44" East 661.65 feet of said Section
; ' 36 and the Place of Beginning of the parcel herein described; q
E±'*` bOOK OU0"GC 74
1853 000004 1
_"'It OR BOOK AUGUST 3, 1993 PAGE,
t `,, thence continuing along the North line of said Section 36,
North 89•24'44" 'East 1984.95 feet to the North 1/4 corner of
;' said Section 36; thence continuing along the North line of
i't4 said Section 36 North 89°06,30" East 2136.2 feet to a point 1
,, which lies 510.00 feet West of the Northeast corner of said i
k„.. Section 36; thence parallel with the East line of said Section
e4 36, South 0.00,36" East 637.60 feet to the North line of the
South 2005.80 feet of the Northeast 1/4 of said Section 36;
thence along said North line of the South 2005.80 feet of the
'. Northeast 1/4 of said Section 36, South 89°21,02" West 2135.18 I
feet to the North and South 1/4 line of said Section 36;
thence along the North line of the South 2005.80 feet of the
Northwest 1/4 of Section 36, South 89.21,02" West 1979.94 feat
_ to the East line of the West 1/2 of the West 1/2 of_the
Northwest 1/4 of said Section 36; thence along said East line
Ilr of the West 1/2 of the West 1/2 of the Northwest 1/4 of said
7 Section 36, North 0.32,58" West 630.66 feet to the Place of i
:; Beginning; being a part of the North 1/2 of Section 36, i
; Township 49 South, Range 25 East, Collier County, Florida;
subject to a Road easement for ingress and egress over the
• ` South 570.66 feet of the West 30.00 ,feet thereof; subject to a
'` Road easement for ingress and egress over the South 577.60
<,. feet of the East 60.00 feet thereof; subject to a Road
easement over the South 30.00 feet thereof; subject to utility
easements to the Florida Power and Light Company; subject to j
`` easements and restrictions of record; containing 59.69 acres
of land, more or less;
The Board hereby confirms the special assessments attached as t;...1
' I
h. ��'Exhibit "A" as the final assessment roll (non-ad valorem
I
t ' 1 assessment roll) . 1
','1/4 SECTION TWO Such assessments are hereby found and
tj,,,3" determined to be levied in direct proportion to the special and
; rn positive benefits to be received by the properties listed in the
ti.1
5,
• •y: preliminary assessment roll (non-ad valorem assessment roll) , ?k
' , which is attached hereto as Exhibit "A" and are located within the 'e,
sy'' Naples Production Park Municipal Service Taxing and Benefit Unit.THREE. ,$
r`Y .. SECTION THE. Upon adoption of this Resolution, any • t
: ,•, assessment may be paid at the Office of the Clerk within thirty
(30) days without interest'other than interest on the loan ; �
E , ; received by the County to provide construction financing for the
t .,..tt,, project. Anyone who prepays an assessment prior to September 3,
; 1993 receive a rebate on such prepayment in an amount equal to the
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pro-rata share by which financing costs associated with the Bonds
j '.1"
;.i shall be reduced by all prepayments. Such rebate shall be paid 1
within sixty (60) days of the date on which the Bonds are issued. ' I
oP
. } Thereafter, all assessments shall be collected in twenty (20) w
.71. ' equal annual principal instal nts pursuant to Sections 197.3632
4: BOOK O PAGE 75 ;a I
r
a• y 1853 000005 '°i
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' OR BOOK AUGUST 3, 1993 PAGE:
E „, and 197.3635, Flori4a Statutes, or any successor statutes y
c authorizing the collection of such assessments on the same as ad
.e valorem taxes, the first of which shall be billed with the ad
?xv valorem taxes that become payable on November 1, 1993 and 1 �
z f
r�, delinquent on April 1, 1994. The annual payment included on each , =
• 1 r , , ad valorem tax bill shall include: (A) the annual installment of TX
tr principal, (B) interest on the assessment (including the amount of
f
principal to be amortized by payment of such ad valorem tax bill)
1:: for the twelve-month period ending on the next succeeding November :'
,- 1, at the rate of one percent (1%) above the interest rate on the ,
'4” bonds to be issued by the County providing long term financing for �5 !
the Project (the "Bonds") , and (C) administrative costs related to
1 ; . collection of such annual payments, including discounts payable on
I4.It amounts paid on the ad valorem tax bill and tax collection fees.
r
E +`, The Board hereby authorizes prepayment of any assessment not I
1 ij= prepaid during the aforementioned thirty (30) day period, as
rsy ? .: follows: (A) during each period commencing on April 1 and ending
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: % on September 15 or such earlier date on which the Chairman of the
",. Board next certifies the non-ad valorem roll to the Tax Collector, i.
r -t the entire outstanding principal amount of the assessment may be f
l`"* «, prepaid, and (B) during each period commencing after September 15
or such earlier date on which the Chairman of the Board certifies
the non-ad valorem roll to the Tax Collector, and ending on March
i'"1: 31, the entire outstanding principal amount of the assessment, .0
2y less the amount of principal to be amortized by payment of the . j
z" current year's ad valorem tax bill, may be prepaid. The amount
required to prepay any assessment shall include: (1) the principal .'
> qu P P Y Y O P P �
I. fit`, amount of such assessment being prepaid; (2) commencing on the ' !
,s;
date which is five (5) business days prior to the date on which
� .-:` the County enters into a contract to sell the Bonds, interest on
i ...,. the amount of such assessment from the preceding November 11
1
[ ,' ` i
. (November 1, 1993 in the case of prepayment occurring prior to
' such date) to the first subsequent date on which such prepayment
` ,; may be used to redeem the Bonds at the rate described in the •
t 600K 000 PAGE 76 K 1
, 3 000
18 5 0•,0 6
, AUGUST 3� 1993 °' '
OR BOOK • PAGE{
y . second paragraph of this Section 3; and (3) the redemption „.
" 'i� premium, if any, relating to calling the bonds. Any person who
tprepays an assessment shall receive a credit for any interest 4;'.
` which has been previously paid or billed subsequent to such ``
'r November 1. Except as specifically authorized by this Section, ; '
• tt assessments may only be prepaid in full.
` The Tax Collector is not authorized nor responsible for
ii
• ,- collecting any prepayments. The Clerk is not authorized to nor ,,,1
� n.
` ' a responsible for collecting any installments included on the
' property owner's tax bill.
,. 1F SECTION FOUR. The assessment shall be final and conclusive
k as to each lot or parcel assessed and 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 adoption of this .'
• resolution approving the final assessment shall be the final {
- . adjudication of the issues presented unlhss proper steps shall be
• t ‘; taken in a court of competent jurisdiction to secure relief within
%` ;• • • twenty (20) days from the adoption of this Resolution.
' •> SECTION FIVE. All assessments shall constitute a lien upon
the property so assessed as described in the Ordinance of the same
5. nature and to the same extent as the lien for general county taxes K,
r � falling due in the same year or years in which such assessment
• falls due, and any assessment not paid when due shall be collected
? `4 pursuant to Chapter 197, Florida Statutes, in the same manner as
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property taxes are collected. • ;
r, 0',:, SECTION SIX. The Clerk is hereby directed to record this ::.
[ ::4-.„,.:. Resolution and all Exhibits attached hereto in the Official -?
1:61 : Records of Collier County. • '"
` . SECTION SEVEN. Any reference in Collier County Resolution
Vr ;. No. 93-268 to Ordinance No. 85-39 is hereby amended to •refer'to
;
•,!'
. 4.- Collier. County Ordinance No. 88-23.
SECTION EIGHT. This Resolution shall become effective
v',j immediately upon its passe e. • •
.Y` r BOOK UOD PAGE 77
i 1853 0000 t.,
;'1r OR BOOK AUGUST 3, 1993 PAGE;
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' \. V. This Resolution adopted after motion, second and majority , ;;
tit v •3f.` . Y»M� j
• .
'
'r vl vote. p‘,
1.';,,,. „a ,• t. �h i.t h DATID: August 3, 1993
}
` , AT� AA'Ofr r BOARD OF COUNTY COMMISSIONERS
. i +, 1 ' 11WIGHT;$:..MOCK, CLERK COLLIER COUNTY, FLORIDA
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i- Ohl ch :r? . w`/"� • �.•s `4';,.„.:••:.••;,,,.... . . • c' • BURT L. SAUNDERS, CHAIRMAN `:
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legal~sifticiency: 4*
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" .4Ai$istant County torney
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3f BOOK CCO PAGE 78 •
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The assessment rolls contain a
list 43 additional pages long.
It can be found on microfilm in
the Clerk' s Boards Minutes and
Records Department.
Minutes - August 3 , 1993