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Resolution 1991-157 RESOLUTION NO. 91- 157 FEBRUARY 12, 1991 A RESOLUTION APPROVING THE PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATE OF COSTS OF THE PROPOSED ROADSIDE IMPROVEMENTS WITHIN THE EUCLID AND LAKELAND AVENUES ROADSIDE IMPROVEMENTS SPECIAL ASSESSMENT DISTRICT OF COLLIER COUNTY, FLORIDA AND A TENTATIVE ASSESSMENT ROLL OF SUCH ESTIMATED COSTS AMONG THE PARCELS OF PROPERTY TO BE ASSESSED, SUBMITTED BY THE COUNTY TRANSPORTATION SERVICES DIVISION; FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING ON THE APPROVING RESOLUTION FOR THE EUCLID AND LAKELAND AVENUES ROADSIDE IMPROVEMENTS SPECIAL ASSESSMENT DISTRICT; AND PROVIDING FOR MAILING AND PUBLISHING NOTICE OF SUCH PUBLIC HEARING. WHEREAS, on February 12, 1991 the Board of County Commissioners adopted Resolution No. 91- 155 creating the Euclid and Lakeland Avenues Roadside Improvements Municipal Service, • Benefit Unit; and WHEREAS, the Board of County Commissioners on February 12, 1991 adopted the initiating resolution, Resolution No. 91- 156 , directing the County Transportation Services Division to prepare in triplicate the preliminary plans, specifications, cost estimates for the improvements constituting the Project and the Tentative Assessment Roll; and WHEREAS, Collier County Ordinance No. 88-23 provides that an advertised public hearing be held by the Board of County Commissioners on the Tentative Assessment Roll. 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 _ provisions of Collier County Ordinance No. 88-23 and other applicable provisions of law. Section Two. It is hereby found and determined as follows: A. On February 12, 1991 the Board of County Commissioners adopted Resolution No. 91- 155 creating the Euclid and Lakeland Avenues Roadside Improvements Municipal Service Benefit Unit and the Initiating Resolution, Resolution No. 91-156, ordering the construction of the roadside improvements described therein (the "Project") to be located within the area described therein, designating the area to be assessed for the payment of the cost of such improvements and directing the County Transportation Services Division to 90! COQPAGE 27 FEBRUARY 12, 1991 prepare in triplicate the preliminary plans, specifications, cost estimates for the improvements and the Tentative Assessment Roll. B. The County Transportation Service Division has prepared the preliminary plans, specifications, cost estimates for the improvements and the Tentative Assessment Roll and has filed a copy of each in the office of the Clerk. C. The construction of the Project as described in such plans and specifications is estimated at a cost of approximately $991,683.20. Since Euclid and Lakeland Avenues are under Collier County's maintenance program, Collier County will assume a fair-share cost of $91,600.00 in providing materials for and/or performing a portion of the improvements with County forces. The balance of the estimated project cost, in an amount of approximately • $900,083.20 shall be payable by the levy and collection of the special assessments against the properties described within the Unit to be specially benefited by the construction of the Project in proportion to the benefits to be derived therefrom; and it is just, equitable, fair and proper that such special benefits be determined, prorated and levied on a per dwelling unit basis against all lots and lands within the Unit. Section Three. Such preliminary plans and specifications and estimate of the cost of the Project and Tentative Assessment Roll of such estimated cost as between the County and each property owner of land subject to the assessments are hereby approved and the 12 day of March, 1991 at 9:00 o'clock A.M. at the Board of County Commissioners' Room, Building "F", County Courthouse, Naples, Florida, is hereby fixed as the date, time and place at which the Board of County Commissioners will hear objections of the owners of the properties to be assessed, or other persons interested therein, to the confirmation of the Initiating Resolution, Resolution No. 91- 156 . The Clerk shall keep a record in which shall be inscribed, at the request of any person, firm or corporation having or claiming to have any interest in any CQOPa;, 28 2 FEBRUARY 12, 1991 lot or parcel of land within the Euclid and Lakeland Avenues Roadside Improvements Municipal Service Benefit Unit, the name and post office address of such person, firm or corporation, together with a brief description or designation of such lot or parcel, and • the Clerk shall mail a copy of the notice of such hearing to such person, firm or corporation at such address at least fifteen (15) calendar days y prior to the date of the hearing as fixed above. The Clerk shall also cause the notice of such hearing to be published one time in the Naples Daily News, a newspaper published in Collier County and circulating in the Unit, not less than fifteen (15) calendar days (excluding Saturdays, Sundays and legal holidays) prior to said date of the hearing. Section Four. Notice of such hearing shall be in substantially the following form: N O T I C E Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet on March 12, 1991 at 9:00 o'clock A.M. , at the Board of County Commissioners' Meeting Room, s_ Third Floor, Building "F", Collier County Government Center, Naples, Florida, for the purpose of hearing objections, if any, of all interested persons to the confirmation of Resolution No. 91- 15k passed and adopted by the Board on February 12, 1991, ordering the construction of roadside improvements described therein known and designated as the "Euclid and Lakeland Avenues Roadside Improvements Assessment District" (the "Project") to be • financed through special assessments against the properties to be specially benefited by such improvements. • The proposed roadside improvements will consist of the installation of drainage pipes, construction of bikepaths and • related improvements along Euclid and Lakeland Avenues. Preliminary plans and specifications and an estimate of the cost of the Project and a Tentative Assessment Roll of such • estimated cost are on file with the Clerk at Room 513, Fifth Floor, Building "F", Collier County Government Center, Naples, Florida and are on file in the offices of the County Transportation Services Division, Building "D", Collier County ® COO PAGE 29 3 FEBRUARY 12, 1991 • Government Center, Naples, Florida, and are open to inspection by the public. Such interested persons will be heard by the Board as to the propriety and advisability of making said improvements, as to the amount of such cost to be assessed against each property so improved and as to any other relevant consideration; provided, however, all objections to the confirmation of Resolution No. 91- 156 on the ground that it contains items which cannot be - i 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 Board of County i . Commissioners, shall be made in writing, in person or by an attorney, and filed with the 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 unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the date of Board action on the Approving Resolution. Section Five. The Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. Section Six. This Resolution shall become effective immediately upon its passage. This Resolution adopted after motion, second and majority vote. `IMTED i . . a" ATTEST: ., - BOARD OF COUNTY COMMISSIONERS c: :JAMES C. GILES CLERK COLLIER COUNTY, FLORIDA • ��j�'• BY Irk, 01. ' Ii • .; g A • C 1. E GOODNIG'T ► , CHAIRPERSON Approved as to form and legal sufficiency: G / COO 'ay d C. We geld PAGE 30 g Assistant Coun Attorney