Resolution 2014-179 RESOLUTION NO. 2014 - 1 7 9
A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT
ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS
THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF
UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT
TO SECTION 197.3632, FLORIDA STATUTES, WITHIN THE PELICAN
BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR
MAINTENANCE OF THE WATER MANAGEMENT SYSTEM,
BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN
AREAS, AND MAINTENANCE OF CONSERVATION OR PRESERVE
AREAS, AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR
AMBIENT NOISE MANAGEMENT, MAINTENANCE OF
CONSERVATION OR PRESERVE AREAS, INCLUDING THE
RESTORATION OF THE MANGROVE FOREST PRESERVE, U.S. 41
BERMS, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN
AREAS, LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES
AND BEACH RENOURISHMENT, ALL WITHIN THE PELICAN BAY
MUNICIPAL SERVICE TAXING AND BENEFIT UNIT.
WHEREAS, the Pelican Bay Improvement District (hereinafter "District") was created
and operated pursuant to the provisions of Chapter 74-462, Laws of Florida, as amended, and
was vested with the power and authority to levy and collect special assessments and charges
against real property with the District; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
June 19, 1990 succeeded to the principal functions of the Pelican Bay Improvement District
pursuant to Chapter 74-462, Laws of Florida; and
WHEREAS, the Pelican Bay Improvement District completed construction of certain
water management improvements in accordance with the Plan of Reclamation of the Pelican Bay
Improvement District and such improvements are currently in operation; and
WHEREAS, the District's Board of Supervisors adopted a plan of dissolution for the
District transferring title to all property owned by the District to Collier County, including the
water management system; and
WHEREAS, the Board of County Commissioners adopted Ordinance No. 2002-27, as
amended, creating the Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter
called"Unit")which permits the levy of special assessments; and
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WHEREAS, the Preliminary Assessment Roll for maintenance of the water management
system, beautification of recreational facilities and median areas, and maintenance of
conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise
management, maintenance of conservation or preserve areas, U.S. 41 berms, street signage
replacements within the median areas, landscaping improvements to U.S. 41 entrances and beach
renourishment, all within the Pelican Bay Municipal Service Taxing and Benefit Unit has been
filed with the Clerk to the Board; and
WHEREAS, the Board of County Commissioners on July 22, 2014 adopted Resolution
No. 2014-1 S i fixing the date, time and place for the public hearing to approve the Preliminary
Assessment Roll and to adopt the Non-ad Valorem Assessment Roll to utilize the uniform
method of collection pursuant to Section 197.3632, Florida Statutes;
WHEREAS, said public hearing was duly advertised and regularly held, at The Collier
County Government Center, Board Room, W. Harmon Turner Building, 3299 East Tamiami
Trail, Naples, Florida, commencing at 5:05 P.M. on Thursday, September 4, 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
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 persons appearing before the Board as to the propriety and
advisability of confirming and adopting the Pelican Bay Municipal Service Taxing and Benefit
Unit Preliminary Assessment roll, as to the amounts shown 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 Assessment Roll and make it final and
adopt same as the final Non-ad Valorem Assessment Roll for the purpose of using the uniform
method of collection.
The total special assessment for maintenance of the water management system and the
beautification of the recreational areas and median areas, and maintenance of conservation or
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preserve areas is $2,794,422.00 which equates to $366.997 per Equivalent Residential Unit based
on 7614.29 assessable units.
The total assessment for the establishment of Capital Funds for ambient noise
management, maintenance and restoration of the conservation or preserve areas, U.S. 41 berm
improvements within the Unit, street sign replacement within the median areas, landscaping
improvements and U.S. 41 entrance improvements within the Unit, utilizes an Equivalent
Residential Unit based methodology. The total assessment for these Capital Funds for the
maintenance and restoration and landscaping improvements is $455,000.00 which equates to
$59.756 per Equivalent Residential Unit based on 7614.29 assessable units. The total
assessments against the benefited properties are described and set forth in the Preliminary
Assessment Roll (Non-ad Valorem Assessment Roll) attached hereto as Exhibit "A" and
incorporated herein. The Board hereby confirms the special assessments and the attached
Exhibit "A" is the Final Assessment Roll (Non-ad Valorem Assessment Roll).
SECTION TWO. Such assessments are hereby found and determined to be levied in direct
proportion to the special and positive benefits to be received by the properties listed in the
Preliminary Assessment Roll (Non-ad Valorem Assessment Roll), which is attached hereto as
Exhibit "A" and are located within the Pelican Bay Municipal Service Taxing and Benefit Unit
which is described as follows:
A tract of 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 feet 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 said U. S. 41 (State Road 45) the
following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49
feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet;
thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence
South 00 degrees 59 minutes 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
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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 said Public Records; thence South 89 degrees 09 minutes 45
seconds 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 West a distance of 225 feet more or
less to a point on the mean high water line established 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 of 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.
SECTION THREE. Upon adoption of this Resolution any assessment may be paid at the
Office of the Clerk within thirty (30) days thereafter, all assessments shall be collected pursuant
to Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the
collection of such assessments on the same bill as Ad Valorem Taxes, which shall be billed with
the Ad Valorem Taxes that become payable on November 1, 2014 and delinquent on April 1,
2015.
SECTION FOUR. The assessment shall be final and conclusive 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 unless proper steps shall be 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 from the
date of confirmation of this Resolution of the same nature and to the same extent as the lien for
general county taxes falling due in the same year or years in which such assessment falls due,
and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida
Statutes, in the same manner as property taxes are collected.
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SECTION SIX. The Clerk is hereby directed to record this Resolution and all Exhibits attached
hereto in the Official Records of Collier County.
SECTION SEVEN. This Resolution shall become effective immediately upon its passage.
THIS RESOLUTION ADOPTED this t +k day of September 2014, after motion,
second and majority vote.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNT , FLORIDA
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