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Agenda 12/08/2015 Item #17B12/8/2015 17.B. EXECUTIVE SUMMARY Recommendation to approve an Ordinance establishing the Della Drive Municipal Service Benefit Unit for the repayment of funds in the amount of $5,162.33 used to make emergency repairs. OBJECTIVE: To repair and maintain a severely deteriorated private road, to a level that would allow homeowners and emergency vehicles normal use of the lane. CONSIDERATIONS: On November 10, 2015, the Board authorized advertisement of ordinances establishing the Della Drive Municipal Service Benefit Unit for the repayment of funds used to make emergency repairs. Additionally, the Board authorized advertisement of the required Resolution for this process. As background, on September 28, 2015 Greater Naples Fire Recue District Chief Kingman D. Schuldt advised the County in a report that as a result of the information provided by numerous citizens, the Fire Rescue District conducted a number of site visits to the subject areas to assess the condition of several privately owned roadways located in Golden Gate Estates. The assessment reported that the road condition along Della Drive had large portions that have been deemed impassable for fire rescue apparatus during emergency conditions. On October 13, 2015, using the procedure established in Resolution 2013 -221, the BCC directed the County Manager to make emergency repairs and bring back an Ordinance to establish an MSBU for the recovery of funds expended to make the repairs. The proposed boundary of the MSBU has been drawn to include only those properties that are adjacent to areas repaired on Della Drive (Tracts 20, 21, and the northern 412.50 feet of Tract 40, Section 24, Township 49S, Range 26E, Naples Farm Estates as recorded in Plat Book 4, Page 34). The proposed map is included in the Ordinances establishing the respective district which is attached to this Executive Summary. In conjunction with the adoption of the proposed Ordinance, the Board will consider a resolution authorizing the use of the uniform method of collecting non -ad valorem special assessments within the Della Drive Lane MSBU, allowing for the collection of the special assessments through the annual ad valorem tax bill. Given the advertising requirements for this resolution (four consecutive weeks prior to its approval) the proposed Ordinance and resolution will be before the Board no sooner than the first meeting in December. To get this on next year's tax bill, by statute, a copy of this Resolution must be sent to the property appraiser, the tax collector, and the Department of Revenue by January 10th (or if the property appraiser, tax collector, and local government agree to an extension, March 10th). Packet Page -2413- 12/8/2015 17.B. Approval of the Della Drive MSBU Ordinance will set in motion a series of fiscal steps including: (1) Creation of the Della Drive MSBU Fund and related Cost Center; and (2) A mechanism to use an approved Uniform Method of Collecting of non -ad valorem Special Assessment levied on those parcels within the defined district. An Agreement with the Tax Collector and Property Appraiser has been included with this item for execution in order for this assessment to be put into effect. Although Della Drive is privately owned by the property owners adjacent to it, Road Right -of -Way and Drainage Easements are not necessary to make necessary emergency repairs. FISCAL IMPACT: A new fund will be created to account for Della Drive related legal advertising, emergency repairs and related administrative and collection costs. The fund will initially be capitalized for the full cost of the emergency repairs and legal advertising costs via an internal advance mechanism to be repaid upon receipt of assessments and other levies. The cost of advertising the Resolution and Ordinance is approximately $3,700. A budget amendment establishing the budget and capitalization will be required. LEGAL CONSIDERATIONS: This item is approved for form and legality and required a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the Ordinance establishing the Della Drive Municipal Service Benefit Unit for the repayment of funds used to make emergency repairs and approve the necessary budget amendment, and authorize the chairman to sign all applicable documents. Prepared By: Michelle Arnold, Public Transit & Neighborhood Enhancement Division Director Attachments: 1) Proposed MSBU Ordinance 2) Proposed MSBU Resolution 3) Tax Collector - Property Appraiser Agreement 5) Work Order Report - Della Drive Emergency Repairs 6) Legal Ad Packet Page -2414- COLLIER COUNTY Board of County Commissioners Item Number: 17.17. B. 12/8/2015 17. B. Item Summary: Recommendation to approve an Ordinance establishing the Della Drive Municipal Service Benefit Unit for the repayment of funds in the amount of $5,162.33. Meeting Date: 12/8/2015 Prepared By Name: ArnoldMichelle Title: Division Director - Pub Tran & Nbrhd Enh, Public Transit & Neighborhood Enhancemt 11/10/2015 5:08:47 PM Submitted by Title: Division Director - Pub Tran & Nbrhd Enh, Public Transit & Neighborhood Enhancemt Name: ArnoldMichelle 11/10/2015 5:08:48 PM Approved By Name: SellsHarry Title: Project Manager, Public Transit & Neighborhood Enhancemt Date: 11/12/2015 1:57:20 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 11/13/2015 2:22:57 PM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 11/15/2015 10:13:05 AM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 11/18/2015 9:07:36 AM Name: BelpedioJennifer Packet Page -2415- 12/8/2015 17.B. Title: Assistant County Attorney, CAO General Services Date: 11/19/2015 2:53:15 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 11/24/2015 7:02:45 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 12/1/2015 8:14:43 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/1/2015 1:03:15 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 12/2/2015 12:51:26 PM Packet Page -2416- ORDINANCE NO. 2015- AN ORDINANCE CREATING THE DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING, TO ADOPT THE UNIFORM MON- AD VALOREM METHOD OF COLLECTION PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, that portion of Della Drive north of Brantley Lane for approximately 0.75 miles, hereinafter referred to as "Della Drive," is currently a private roadway and not maintained by the County; and WHEREAS, the responsibility for the maintenance of Della Drive lies with no one entity or individual, but rather falls to the individual property owners; and WHEREAS, based on concerns raised by Fire Chief Kingman D. Schuldt of the Greater Naples Fire Recue. District, it has become apparent that upon recent assessment of the road condition of several privately owned roadways in the Golden Gate Estates area Della Drive has large portions that have been deemed impassable for fire rescue apparatus during emergency conditions; and WHEREAS, on September 24, 2013, the BCC passed Resolution No. 2013 -221 establishing a procedure under which public funds could be used for emergency repairs of private roads to allow the passage of emergency vehicles; and WHEREAS, on October 13, 2015, using the procedure established in Resolution 2013- 221, the BCC directed the County Manager to make emergency repairs and bring back an Ordinance to establish an MSBU for the recovery of funds expended to make the repairs and an MSTU for the purposes of making future emergency repairs to Della Drive; and WHEREAS, Della Drive emergency repairs were completed on October 15; 2015 at a cost of $5,162.33 and WHEREAS, it is recommended that a Della Drive Municipal Service Benefit Unit (MSBU) is created for the purpose of levying, assessments and repaying the County for the repairs made to the road. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE Authority This Ordinance is adopted pursuant to the provisions of Section 125.01, and sections 197.3632 and 197.3635 and Chapter 200, Florida Statutes, and other applicable provisions of Law. Page 1 of 5 Packet Page -2417- 12/8/2015 17.B. SECTION TWO Creation of the Municipal Service Benefit Unit There is hereby created and established the Della Drive Municipal Service Benefit Unit hereinafter referred to as the "MSBU." The properties within the Municipal Service Benefit Unit and its boundaries are as described on the attached composite Exhibit "A" that is incorporated by reference. SECTION THREE Purpose and Governing Body The MSBU is created for the purpose of levying assessments and repaying the County for the repairs made to the road. The governing body of the MSBU shall be the Board of County Commissioners of Collier County, Florida. Funding and Levy of Taxes The apportionment of the assessable costs of this action is based on direct and special benefit factors for each parcel. The directly benefited method is based on the front footage of the properties adjacent to Della Drive whose property fronted the improvement (Tracts 20, 21 and the norther 412.5 feet of Tract 40, Section 24, Township 49S, Range 26E, Naples Farm Estates as recorded in Plat Book 4, Page 34, dated January 8, 1956). The footage dimensions shown on the final assessment roll has been taken directly or calculated from the County Tax Assessment Maps and are not based on field surveys. For the purpose of implementing this Ordinance, the Board of County Commissioners established an itemized list of properties with an estimated frontage of each property. For fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSBU subject to taxation, a non -ad valorem tax with a summation of assessment and the cost of collecting such assessments, and shall add to the non -ad valorem tax bill of each property the amount of the assessment. Assessment and collection shall cease upon collection of $5,162.33, funding the emergency repairs to Della Drive. SECTION FIVE Tax Assessment and Collection Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes.. 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 assessment roll, which is attached hereto as Exhibit "B" and incorporated herein. The preliminary assessment roll is hereby confirmed and made final and adopted as the final non -ad valorem assessment roll for purposes of utilizing the uniform method of collection. Upon adoption of this Ordinance and in accordance with Florida Statute 197.3635, the Tax Collector shall prepare and mail by first class mail to the property owners, at the address listed on the final assessment roll, an assessment bill for the full amount of the assessment plus any associated costs. Any assessment may be paid at the office of the Tax Collector within sixty (60) days from the date of adoption hereof, without interest. SECTION SIX Duties of the County Manager or His Designee The duties of the County Manager or his or her designee shall be: A. To aid and assist the Board of County Commissioners in carrying out the purposes Page 2 of 5 Packet Page -2418- 12/8/2015 17.B. of the MSBU in accordance with established practices and policies of the Board of County Commissioners and as set forth in this Ordinance. B. To coordinate the imposition of special assessments to provide funding for the MSBU in accordance with the guidance provided by the Board. SECTION SEVEN Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of December, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney �LY� Page 3 of 5 Packet Page -2419- 12/8/2015 17.6. Exhibit "A" DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT GEOGRAPHIC BOUNDARIES The boundaries of the DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT (MSBU) shall comprise all that land located in Collier County, Florida, and specifically described as: Naples Farms Sites, Tracts 20; 21 and the northern 412.5 feet of Tract 40 Section 24, Township 49S, Range 26E, Naples Farm Estates as recorded in Plat Book 4, Page 34, dated January 8, 1956. ew..oewavmomr.on.+m.. �4✓. O�awavNS Sgmmatlon srihms em.nerio�+. �M� m16RNNl ��vleplip�y s Page 4 of 5 Packet Page -2420- 12/8/2015 17.B. Exhibit "B» Uniform Method of Collection Faun Froutage F4}io Frontage 61731920003 82.5 61733560005 82.5 61731960005 S2.5 61733600004 S2.5 61732000003 52.5 61733640006 82.5 61732040005 82.5 61733680008 $2.5 61732080007 82.5 61733720007 82.5 61732120006 82.5 61733760009 82.5 61732160008 82.5 61733800008 82.5 61732200007 82.5 61733840000 82.5 61732240009 165.0 61733880002 82.5 61732280001 $2.5 61733880109 82.5 61732320000 82.5 61733880206 82.5 61732360002 82.5 61733850303 82.5 61732400001 825 61733880400 825 61732440003 82.5 61733880507 82.5 61732480005 82.5 61733SS0552 82.5 61732520004 82.5 61733880604 82.5 61732560006 82.5 61736680005 82.5 61732600005 82.5 61736720004 82.5 61732640007 925 61736800005 82.5 61732680009 165.0 61736840007 165.0 61732720008 S2.5 61736960000 165.0 61732760000 82.5 61737000008 82.3 61732500009 0.0 61737640109 82.5 61732840001 52.5 61737640206 82.5 6I732980003 82.5 61732920002 82.5 51732960004 S2.5 61733000206 82.5 61733000303 82.5 61733000400 S15 61733000507 82.5 61733040004 82.5 61733080006 $2.5 61733120005 82.5 61733160007 82.5 61733200006 S2.5 61733240009 165.0 61733280000 0.0 61733320009 165.0 61733360001 165.0 61733400000 52.5 61733440002 165.0 61733480004 82.5 61733520003 S25 C Page 5 of 5 Packet Page -2421- 'tip l 12/8/2015 17.B. 12/8/2015 17. B. RESOLUTION NO. 2015 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED UPON CERTAIN PORTIONS OF THE UNINCORPORATED AREA OF THE COUNTY DESCRIBED HEREON; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the "Board ") of Collier County, Florida (the "County ") is establishing a Municipal Services Benefit Unit ( "MSBU ") to make emergency repairs to Della Drive in the amount of $5,162.33; and WHEREAS, the Board intends to use the uniform method for collecting non -ad valorem special assessments to fund the MSBU as authorized by Section 197.3632, Florida Statutes, as it may be amended, because this method will allow such special assessments to be collected annually commencing in November 2016, in the same manner as provided for ad valorem taxes; and WHEREAS, the Board held a duly advertised public hearing prior to the adoption of this resolution ( "Resolution "), proof of publication of such hearing being attached hereto as EXHIBIT A; and BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 1. Commencing with the Fiscal Year beginning on October 1, 2016, and with the tax statement mailed for such Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes, as it may be amended, to collect special assessments imposed over one year to fund the cost of providing emergency roadway improvements to Della Drive. Such non -ad valorem assessments may be levied within a portion of the unincorporated area of the County. A legal description of such area that may be subject to the imposition of such special assessment is attached hereto as EXHIBIT B and incorporated herein by reference. 2. The Board hereby determines that the levy of such non -ad valorem assessments is needed to fund the cost of providing emergency roadway improvements within the area described in EXHIBIT B hereto. [15- ATM - 00317/1220542/1] Packet Page -2422- `J 12/8/2015 17.B. 3. Upon adoption, the Clerk of the Circuit Court, as Clerk to the Board, is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Collier County Tax Collector, and the Collier County Property Appraiser by January 10, 2016. 4. This Resolution shall take effect immediately upon its adoption. THIS RESOLUTION ADOPTED, after motion, second and majority vote on this the day of , 2015. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney V-11> 2-115 [15- ATM - 00317/1220542/1] BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN Packet Page -2423- 12/8/2015 17.B. EXHIBIT A PROOF OF PUBLICATION OF NOTICE OF HEARING [15- ATM - 00317/1220542/1] Packet Page -2424- 12/8/2015 17.B. EXHIBIT B LEGAL DESCRIPTION The following parcels are included within the boundaries of the Della Drive Municipal Service Benefit Unit: Naples Farms Sites, Tracts 20, 21 and the northern 412.5 feet of Tract 40 Section 24, Township 49S, Range 26E, Naples Farm Estates as recorded in Plat Book 4, Page 34, dated January 8, 1956. Folio Frontage Folio Frontage 61731920003 82.5 61733160007 82.5 61731960005 82.5 61733200006 82.5 61732000003 82.5 61733240008 165.0 61732040005 82.5 61733280000 0.0 61732080007 82.5 61733320009 165.0 61732120006 82.5 61733360001 165.0 61732160008 82.5 61733400000 82.5 61732200007 82.5 61733440002 165.0 61732240009 165.0 61733480004 82.5 61732280001 82.5 61733520003 82.5 61732320000 82.5 61733560005 82.5 61732360002 82.5 61733600004 82.5 61732400001 82.5 61733640006 82.5 61732440003 82.5 61733680008 82.5 61732480005 82.5 61733720007 82.5 61732520004 82.5 61733760009 82.5 61732560006 82.5 61733800008 82.5 61732600005 82.5 61733840000 82.5 61732640007 82.5 61733880002 82.5 61732680009 165.0 61733880109 82.5 61732720008 82.5 61733880206 82.5 61732760000 82.5 61733880303 82.5 61732800009 0.0 61733880400 82.5 61732840001 82.5 61733880507 82.5 61732880003 82.5 61733880552 82.5 61732920002 82.5 61733880604 82.5 61732960004 82.5 61736680005 82.5 61733000206 82.5 61736720004 82.5 61733000303 82.5 61736800005 82.5 61733000400 82.5 61736840007 165.0 61733000507 82.5 61736960000 165.0 61733040004 82.5 61737000008 82.5 61733080006 82.5 61737640109 82.5 61733120005 82.5 61737640206 82.5 [15 -ATM- 00317/1220542/1] Packet Page -2425- 12/8/2015 17.B. AGREEMENT FOR THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BOARD OF THE DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT (MSBU) TO REIMBURSE THE PROPERTY APPRAISER AND THE TAX COLLECTOR FOR SERVICES RENDERED This Agreement relates to the Della Drive Municipal Service Benefit Unit created pursuant to Ordinance Number 2015 -_ . This Agreement is to provide for reimbursement to the Property Appraiser and Tax Collector for services rendered in connection with the Della Drive MSBU. This "Agreement" is made and entered into effective on January 1, 2016, by and among three parties: the Board of County Commissioners as Governing Board of the Della Drive Municipal Service Benefit Unit, ( "MSBU ") Abe Skinner in his capacity as the Collier County Property Appraiser, ( "Property Appraiser "), and Larry H. Ray in his capacity as the Collier County Tax Collector, ( "Tax Collector "). SECTION 1. PURPOSE. The purpose of this Agreement is for the MSBU, the Tax Collector and the Property Appraiser to establish and agree upon the undertaking of the responsibilities pursuant to Section 197.3632, Florida Statutes, in order to implement the Uniform Method for the notice, levy, collection, and enforcement of non -ad valorem assessments as directed by Resolution Number 2015- ; and to provide for reimbursement by the Board of County Commissioners as Governing Board of the Della Drive MSBU to the Tax Collector and the Property Appraiser for all actual costs incurred by them in such activity. SECTION 2. TERM. The term of this Agreement shall commence effective on January 1, 2016, and shall run for a two year period through the end of calendar year 2017 but may be extended thereafter, at the discretion of the parties, if necessary, for any administrative purposes including but not limited to providing final payment/reimbursement to the parties. The MSBU shall inform the Property Appraiser and the Tax Collector and the Department of Revenue by January 10 in any calendar year if the MSBU intends to discontinue using the Uniform Method of collecting the non -ad valorem assessments referred to in this Agreement. SECTION 3. FINDINGS, RECITALS AND ACKNOWLEDGMENTS. It is hereby agreed by the parties that: (A) The MSBU is authorized to impose non -ad valorem assessments and by Resolution Number 2015 - expressed its intent to use the uniform method of levy, collection and enforcement of non -ad valorem assessments as provided in Section 197.3632. Florida Statutes, under which assessments are included on an assessment roll and certified, in a compatible electronic medium tied to the property identification number, by the MSBU to the Tax Collector for merging with the ad valorem tax roll for collection by utilizing the tax notice provisions described in Section 197.3635, Florida Statutes, and for sale of tax Packet Page - 2426 -,,i 12/8/2015 17.B. certificates and tax deeds under the nonpayment provisions of the ad valorem tax laws (the "Uniform Method "); (B) The Uniform Method, with its enforcement provisions, including the use of tax sale certificates and tax deeds to collect delinquent annual payments, is less expensive and more equitable to the delinquent landowner than the traditional lien foreclosure methodology; (C) The Uniform Method will provide for more efficient collection by virtue of the assessment being on the tax notice issued by the Tax Collector and will produce positive economic benefits to the affected landowners and the MSBU; (D) The Uniform Method will promote local government accountability; (E) This Agreement is intended to conform to the requirement of Section 197.3632, Florida Statutes, that the MSBU, the Tax Collector and the Property Appraiser enter into a written agreement providing for reimbursement of administrative and actual costs incurred as a result of the use of the Uniform Method; such administrative and actual costs include, but are not limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage and programming; (F) The non -ad valorem assessments to which this Agreement applies are being levied for the first time for the Della Drive Municipal Service Benefit Unit that comprises sixty -eight (68) properties abutting Della Drive as identified on the attached Exhibit "A. " Exhibit "A" defines each property by Parcel and Road Frontage: and (G) This Agreement is entered into in order to provide for the use of the Uniform Method relative to non -ad valorem assessments imposed under the Della Drive Municipal Service Benefit Unit the aforementioned sixty -eight (68) properties abutting Della Drive as identified in Exhibit "A." All the identified property parcels are recorded on assessment maps in the Public Records of Collier County. Florida. SECTION 4. DUTIES AND RESPONSIIBLITIES OF THE MSBU. The Board of County Commissioners agrees that the MSBU shall: (A) Reimburse the Property Appraiser at the rate of one and one -half percent (1 '/z %) of all assessments, not later than thirty (30) days after receipt of invoice(s) for such payment(s): (B) Reimburse the Tax Collector at the rate of two percent (2 %), to be withheld from the distribution(s) of collected assessments; (C) Pay for or altern atively reimburse the Tax Collector for any separate tax notices necessitated by the inability of the Tax Collector to merge the non -ad valorem assessment roll certified by the MSBU pursuant to Subsection 197.3632(7), Florida Statutes; (D) Post the non -ad valorem assessment combined notice for each parcel on the non -ad valorem assessment roll. This notice is to be presented to the Board by the Tax Collector as specified in subpart 6(A), herein. Packet Page - 2427 -.. 12/8/2015 17.B. (E) By September 15th of each calendar year, cause the Chairman of the Board of County Commissioners as Governing Board of the Della Drive Municipal Service Benefit Unit, or his or her designee, to officially certify to the Tax Collector the non -ad valorem assessment roll on compatible medium, tied to the property parcel identification number, in a manner that conforms to the format of the ad valorem tax roll submitted by the Property Appraiser to the Department of Revenue; and (F) Cooperate with the Tax Collector and the Property Appraiser to implement the Uniform Method of notice, levy, collection and enforcement of the subject non -ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically Sections 197.3632 and 197.3635. Florida Statutes, as amended. SECTION 5. DUTIES AND RESPONSIBILITIES OF THE PROPERTY APPRAISER. The Property Appraiser shall: (A) Annually by June 1st provide the MSBU with at least the following information by compatible electronic medium: 1) The legal description of the property within the boundaries provided by the MSBU describing the subject municipal services taxing and benefit unit. 2) The names and addresses of the owners of such property. 3) The property identification number of each parcel in a manner that conforms to the format of the ad valorem roll submitted to the Department of Revenue. 4) Any other infomlation reasonably needed by the MSBU to create, re- compute, reconfigure, revise, correct or otherwise formulate the non -ad valorem assessment roll. Provided, however, the Property Appraiser is not required to submit information that is not on the ad valorem roll, compatible electronic medium submitted to the Department of Revenue, or otherwise readily available and reasonably accessible from his records; and (B) Cooperate with the MSBU and the Tax Collector to implement the Uniform Method of notice, levy, collection and enforcement of the subject non -ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically, Sections 197.3632 and 197.3635, Florida Statutes, as amended. SECTION 6. DUTIES AND RESPONSIBILITIES OF THE TAX COLLECTOR. The Tax Collector shall: (A) Prepare a collection roll and prepare a combined notice for both the ad valorem and non -ad valorem assessments in accordance with Chapter 197, and applicable rules promulgated by the Department of Revenue and in accordance with any specific ordinances Packet Page -2428- 12/8/2015 17.B. and resolutions adopted by the MSBU, so long as said ordinance and resolutions shall themselves not be inconsistent with or contrary to the provisions of Chapter 197, including Section 197.3632 and Section 197.3635, Florida Statutes; (B) Collect the non -ad valorem assessments of the MSBU as certified to the Tax Collector no later than September 15th of each calendar year; provided such roll is on compatible electronic medium tied to the property identification number for each parcel and in the formal used by the Property Appraiser for the non -ad valorem roll submitted to the Department of Revenue and such roll is free of errors and omissions; (C) Cooperate with the MSBU and the Property Appraiser to implement the Uniform Method of notice, levy, collection and enforcement of the subject non -ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically Sections 197.3632 and 197.3635, Florida Statues, as amended; (D) Upon determining errors or omissions on any roll, request the MSBU to file a corrected roll or the correction of the anl0unt of any assessment by filing with the Tax Collector a certificate of correction, with a copy to the Property Appraiser and the Department of Revenue, pursuant to applicable rules provided by the Department of Revenue; and (E) Upon determining that a separate mailing is required pursuant to Subsection 197.3632(7), Florida Statutes, mail, or require the MSBU to mail, a separate notice of the particular non -ad valorem assessment. SECTION 7. COMPLIANCE WITH LAWS AND REGULATIONS. The parties shall abide by all statutes, rules and regulations pertaining to the levy and collection of non -ad valorem assessments, and any ordinarl ce promulgated by the MSBU, not inconsistent with nor contrary to, the provisions of Section 197.3632 and Section 197.3635. Florida Statutes, as amended and any applicable rules duly promulgated by the Department of Revenue. IN WITNESS WHEREOF the MSBU, the Tax Collector and the Property Appraiser have executed and delivered this Agreement as the date first above written. SIGNATURE PAGE TO FOLLOW REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Packet Page -2429- r' i 12/8/2015 17.B. EXHIBIT A LEGAL DESCRIPTION The following parcels are included within the boundaries of the Della Drive Municipal Service Benefit Unit: Naples Farms Sites, Tracts 20, 21 and the northern 412.5 feet of Tract 40 Section 24, Township 49S, Range 26E, Naples Farm Estates as recorded in Platt Book 4, Page 34, dated January 8, 1956. Folio Frontage Folio Frontage 61731920003 82.5 61733160007 82.5 61731960005 82.5 61733200006 82.5 61732000003 82.5 61733240008 165.0 61732040005 82.5 61733280000 0.0 61732080007 82.5 61733320009 165.0 61732120006 82.5 61733360001 165.0 61732160008 82.5 61733400000 82.5 61732200007 82.5 61733440002 165.0 61732240009 165.0 61733480004 82.5 61732280001 82.5 61733520003 82.5 61732320000 82.5 61733560005 82.5 61732360002 82.5 61733600004 82.5 61732400001 82.5 61733640006 82.5 61732440003 82.5 61733680008 82.5 61732480005 82.5 61733720007 82.5 61732520004 82.5 61733760009 82.5 61732560006 82.5 61733800008 82.5 61732600005 82.5 61733840000 82.5 61732640007 82.5 61733880002 82.5 61732680009 165.0 61733880109 82.5 61732720008 82.5 61733880206 82.5 61732760000 82.5 61733880303 82.5 61732800009 0.0 61733880400 82.5 61732840001 82.5 61733880507 82.5 61732880003 82.5 61733880552 82.5 61732920002 82.5 61733880604 82.5 61732960004 82.5 61736680005 82.5 61733000206 82.5 61736720004 82.5 61733000303 82.5 61736800005 82.5 61733000400 82.5 61736840007 165.0 61733000507 82.5 61736960000 165.0 61733040004 82.5 61737000008 82.5 61733080006 82.5 61737640109 82.5 61733120005 82.5 61737640206 82.5 Packet Page -2430- ATTEST: DWIGHT E. BROCK, CLERK , DEPUTY CLERK Approved for form and legality: Jennifer A. Belpedio Assistant County Attorney COLLIER COUNTY, AS GOVERNING BOARD OF THE DELLA DRIVE MUNICIPAL SERVICE BENEFIT UNIT LIM TIM NANCE, CHAIRMAN Packet Page -2431- 12/8/2015 17.B. WITNESSES: Print Name Print Name 12/8/2015 17.B. COLLIER COUNTY PROPERTY APPRAISER L-on Abe Skinner Packet Page -2432- WITNESSES: Print Name Print Name 12/8/2015 17. B. COLLIER COUNTY TAX COLLECTOR By: Larry H. Ray Packet Page -2433- Road Maintenance 12/8/2015 17.B. Time Rec'd: 10/12/2015 2:42:20 PM COL RM Work Order Work Order # RM20898 Status Comoleted Complainant Issue Grading (Limerock) Issue Manager Vortherms, Jonathan Start Date /Time Assigned To Arca, Manuel Time Stopped 10/15/15 12:00 AM Work Order Add Limerock to Della Drive Street Name 23RD ST SW Intersection 16TH AVE NE Subdivision Golden Gate Estates Details Add limerock to fill in the holes on Della Dr. at the direction of the BCC for health, safety, and welfare. Desc / Notes Add limerock to fill in the holes on Delia Dr. at the direction of the BCC for health, safety, and welfare. Labor - Actual 10/15/2015 01500 Dominguez, Danny 028 - FACILITY AND EQUIPMENT 0.50 0.50 manhours $14.36 MAINTENANCE Subtotal: 0.50 manhours $14.36 10/13/2015 10583 Moon, Charles 029 - EQUIPMENT PRE -TRIP 0.50 0.50 $14.33 INSPECTION 10/15/2015 03568 Arca Jr., Ramon 029 - EQUIPMENT PRE -TRIP 0.50 0.50 $16.60 INSPECTION pre trip cc2186 and cc2115 10/15/2015 05871 Fahey, Thomas 029 - EQUIPMENT PRE -TRIP 0.50 0.50 $13.01 INSPECTION pre trip cc2788 Subtotal: 1.50 $43.94 10/15/2015 01500 Dominguez, Danny 033 - TRAINING & SAFETY 5.00 5.00 $143.65 MEETINGS & M.O.T. Subtotal: 5.00 $143.65 10/15/2015 05871 Fahey, Thomas 036 - TRAVEL TIME 0.75 0.75 manhours $19.52 10/15/2015 01500 Dominguez, Danny 036 - TRAVEL TIME 10/15/2015 03568 Arca Jr., Ramon 036 - TRAVEL TIME 10/15/2015 05871 Fahey, Thomas 036 - TRAVEL TIME 10/15/2015 03568 Arca Jr., Ramon 036- TRAVEL TIME 10/15/2015 01500 Dominguez, Danny 036 - TRAVEL TIME 0.75 0.75 manhours $21.55 0.75 0.75 manhours $24.91 0.75 0.75 manhours $19.52 0.75 0.75 manhours $24.91 0.75 0.75 manhours $21.55 Subtotal: Packet Page -2434- 4.50 manhours $131.96 $A 10/13/2015 10583 Moon, Charles 431 -MOTOR GRADER OPERATION 3.50 miles 12/8/2015 173. transport cc2 -186 and cc2 -788 to jobat Delia 10/15/2015 10583 Moon, Charles 431 -MOTOR GRADER OPERATION 1.00 miles $28.66 transport cc2 -788 to davis facility Subtotal: 0.00 miles $128,97 10/15/2015 03568 Arca Jr., Ramon 991- EMERGENCY MAINTENANCE 5.00 5.00 manhours $166.05 10/15/2015 05871 Fahey, Thomas 991- EMERGENCY MAINTENANCE 5.00 manhours $130.10 rolled Della Dr Entry Count: 0 Subtotal: 5.00 manhours $296.15 $759.03 Equipment - Actual tilf Date 'AD r =,gg,, ffin �i�n.�+n SS 1411'12' . uG r`3 xvdw. $,(w✓, 'ir `}^ dX'" 'W'.+�e.'%5i" Y�4! ChL. :._ 10/15/2015 CC2 -115 2007 FORD F350 2W CC 030 -DOWN TIME 7.50 $120.00 Subtotal: 7.50 $120.00 10/15/2015 CC2 -115 2007 FORD F350 2W CC 036 - TRAVEL TIME 0.75 $12.00 10/15/2015 CC2 -115 2007 FORD F350 2W CC 036 - TRAVEL TIME 0.75 $12.00 Subtotal: 1.50 $24.00 10/13/2015 CC2 -384 2009 INTERNATIONAL 7500 431 -MOTOR GRADER OPERATION 3.00 $450.00 LOW BOY TRACTOR 10/15/2015 CC2 -186 2007 JOHN DEERE 670D 431 -MOTOR GRADER OPERATION 8.00 $680.00 GRADER 10/15/2015 CC2 -384 2009 INTERNATIONAL 7500 431 -MOTOR GRADER OPERATION 1.00 $150.00 LOW BOY TRACTOR 10/15/2015 CC2 -788 2013 BOMAG BW211D -50 431 -MOTOR GRADER OPERATION 4.00 $192.00 ROLLER Subtotal: 16.00 $1,472.00 Entry Count: 0 25.00 $1,616.00 Material - Actual Start Date a _ID r 10/115/2015 801 -900 Rock Lime, Crushed Delivered Entry Count: 0 Other - Actual Entry Count: 0 Total for RM20898 431 -MOTOR GRADER OPERATION 190.00 ton Subtotal: Packet Page -2435- $2,787.30 $2,787.30 $2,787.30 Cost $0.00 $5,162.33 12/8/2015 17.B. i -may,., �1 rY }�r�Cd •.�5 -'""' a{. -j .�S � .r + t ,;,' Lrt',£r'�a is h a h'! �?`" , i3 ..,•3 _r_. E: :� �.,.�.._ u= :�—N�i.�Fa.zrL.lx_,.!e :;�_x&.< ri.�'3" NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on December 8, 2035,. in the Board of County Commissioners Meeting Room: Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board 0f County Commissioners (BCC) will consider the enactment of County Ordinances. The meeting will commence at 9:9© A. A. The titles of the proposed Ordinances are as fellows: AN ORDINANCE CREATING THE DELLA DRIVE MUNICIPAL SERVICE TAXING UNIT; PROVIDING A PURPOSE AND GOVERNING BODY, PROVIDING FOR FUNDING; PROVIDING FOR THE LEVY OF NOT TO EXCEED (5) FIVE MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. AND - AN ORDINANCE CREATING THE DELLA DRIVE MUNICIPAL i 7-FJECE BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOP THE CREATION; PROVIDING A PURPOSE AND GOVERNING SC?DV, PROVIDING FUNDING, TO ADOPT THE UNIFORM NON - AID VALOREM METHOD OF COLLECTION PROVIDING FOR THE p COLLECTIO14 OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY { MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND I v I SEVERAGILITY, PROVIDING FOR INCLUSION IN THE COLLIER ! i COUH TY CODE OF LAW AND ORDINANCES; AND PROVIDING FOR iCD CL AT EFFECTIVE DATE. f col pies of the proposed Ordinances are on file with the Clerk to i^ th',,ee Board and are available for inspection. All interested parties are invited to attend and be heard.' Z NOTE: All persons wishing to speak on any agenda item must 0 register with the County manager prior to presentation of thle agenda item to be addressed. Individual speakers will be , � lienited to 3 minutes on any item; The selection of any individual a toj speak on behalf of an organization or group is encouraged. m If recognized by the Chairman, a spokesperson for a group or ' € o ganization may be allotted 10 minutes to speak on an item. N P , rsons wishing to have written or graphic materials included in N t e Board agenda packets must submit said material a minimum ° 0 3 weeks prior to the respective public hearing. In any case, t. Ln v Jritten materials intended to be considered by the Board shall i :�; by submitted to the appropriate County staff a minimum of Z sgen days prior to the public hearing. All materials used in n ; p esentations before the Board will become a permanent part ! oil the record. M ' ny person who decides to appeal any decision of the Board °n ill need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the s m proceedings is made, which record includes the testimony and e idence upon which the appeal is based. "' 4 If you are a person with a disability who needs any accommodation s in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please' c ntact the Collier County Facilities Management Division, k)cated at 3335 Tamiami Trail East, Suite #101, Naples, FL .34112-1 5356, (239) 252- 8380, at least two days prior to the meeting. I ,assisted` listening devices forthe hearing impaired are available in the Beard of County Commissioner's Office. i BOARD OF COUNTY COMMISSIONERS j COLLIER COUNTY, FLORIDA I T IM NANCE, CHAIRMAN WIGHT E. BROCK, CLERK By:' Ann Jennejohn, Deputy.Clerk i ovember 25, 2015 No: 797259 .i Packet Page -2436- 12/8/2015 17.B. ,,Public Notices U blic, Notices -. NOTICE OF INTENT TO USE. UNIFORM METHOD OF COLLECTING, NON -AD VALOREM ASSESSMENTS Collier County, Elor'ida,. (the "County") hereby provides notice, pursuant to section 197.3632(3)(a), Florida Statutes; of its intent to use the uniform method of collecting non -ad valorem special assessments to be levied within the unincorporated area of the County, for the cost of providing roadway improvement`s commencing for the Fiscal Year beginning on October 1, 2015 and. continuing until discontinued by the County. The County'. Will consider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by section 197.3632, Florida Statutes, entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ELECTING TO USE.'.THE 'UNIFORM METHOD OF COLLECTING NON -AD . VALOREM SPECIAL ASSESSMENTS LEVIED UPON CERTAIIr( PORTIONS OF THE UNINCORPORATED AREA OF THE COUNTY DESCRIBED HEREON; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. The County will consider adoption of the resolution at a public hearing to be held on Tuesda December 8, 201S. beginning at 9:00 a.m. in the Boar of f County Commissioner's , Boardroom, Third" Floor, W. Harmon Turner Building, -3299 Tamiami Trail East, Naples, Florida: Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. Copies of . the proposed form of the reso ution; which contains the legal description of the boundaries of the real property subject to the levy, are on file at the Clerk to the Board's Office, Collier County Government Center, W..Harmon Turner Building, Fourth Floor, Suite 401, 3299 Tamiami Trail East, Naples FL 34112. All interested parties are invited to'attend and be. heard. NOTE, All Persons . wishing to speak on any ag enda item must register. +with. the County Administrator rior -to presentation of the agenda item to be addressed. In ivi ual speakers will bd limited `to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group ; is'encouraged.' if recognised b�'y the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials' included in the Board agenda packets must submit said material a minimum of .3 weeks prior to the respective public hearing. In any case, written -materials Intended to be considered by :the Hoard shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material , used in presentations before the Board will become a permanent part of the record,. • In the event an, yperson decides to appeal any decision by the County with respect. to any matter relating to the consideration of the resolution at the above - referenced public hearing, a record of the proceeding may be needed and in such event, such person may need to ensure that a verbatim record of the public hearing is made which record includes the testimony and evidence on which the appeal is to be based. If you area erson with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities, Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239)252 -8380; assisted listening devices for-the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK. By: Ann Jennejohn, Deputy Clerk (SEAL) November 12, 19, 26 and December 3, 2015 No.787892 Packet Page -2437-