Resolution 1999-229RESOLUTION NO. 99-229
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELATING TO THE CONSTRUCTION
OF A WATER LINE AND RELATED WATER FACILITIES PLUS A
WASTEWATER LINE AND RELATED WASTEWATER FACILITIES
NEEDED TO FACILITATE THE AVAILABILITY OF WATER AND
WASTEWATER SERVICE FROM FLORIDA GOVERNMENT UTILITY
AUTHORITY TO SERVICE (11) LOTS ON THE SOUTH SIDE OF
GOLDEN GATE PARKWAY EAST FROM SANTA BARBARA
BOULEVARD TO 53RD STREET SOUTHWEST; DETERMINING THE
ESTIMATED CAPITAL AND PROJECT COST OF THE WATER AND
WASTEWATER FACILITIES' DETERMINING THAT CERTAIN REAL
PROPERTY WILL BE SPECIALLY BENEFITED BY THE
CONSTRUCTION OF WATER AND WASTEWATER FACILITIES;
ESTABLISHING THE METHOD OF ASSESSING THE COST OF
CONSTRUCTING THE WATER AND WASTEWATER FACILITIES
AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY
BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND
CONDITIONS OF THE ASSESSMENTS; DIRECTING THE COUNTY
ADMINISTRATOR TO PREPARE A TENTATIVE ASSESSMENT ROLL
BASED UPON THE METHODOLOGY SET FORTH HEREIN;
ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF
THE PROPOSED ASSESSMENTS AND THE METHOD OF THEIR
COLLECTION; DIRECTING THE PROVISION OF NOTICE iN
CONNECTION THEREWITH: AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNIY~FLORIDA, AS FOLLOWS:
ARTICLE I
DEFINITIONS AND INTERPRETATION
SECTION'1,01, DEFINITIONS, As used in this Resolution, the following terms
shall ha~{the following meanings, unless the context hereof otherwise requires.
"Adjusted Prepayment Amount" means the amount required to prepay the Capital
Assessment for each Tax Parcel located in the Benefit Area (1) following issuance of
the Original Obligations, as computed pursuant Section 3.04(B) hereof and revised
annually pursuant to Section 3.05(H) hereof, and (2) following issuance of any
Refunding Obligations, as computed pursuant Section 3.04(C) hereof and revised
annually pursuant to Section 3.05(H) hereof.
II II ......
"Annual Debt Service Component" means the amount computed for each Tax Parcel
pursuant to Section 3.05(E) hereof.
"Annual Debt ,~ervice Factor" means the factor computed pursuant to Section 3.05(D)
hereof.
"Assessment" means the sum of the Capital Assessment for any Tax Parcel.
"Assessment Roll" means a non-ad valorem assessment roll for the Capital
Assessments within the Benefit Unit.
"Benefit Area" means that portion of the Golden Gate Parkway Municipal Service
Taxing and Benefit Unit located within the proposed Golden Gate Parkway Benefit
Area, as described in Section 3.01 hereof.
"Board" means the Board of County Commissioners of Collier County, Florida
"Capital Assessment" means an annual special assessment imposed against
property located within the Benefit Area to fund the Project Cost of Water and
Wastewater Facilities to serve the Benefit Area and related expenses, computed in the
manner described in Section 3.05 hereof.
"Capital Cost" means all or any portion of the expenses that are properly attributable
to the acquisition, design, construction, installation, reconstruction, renewal or
replacement (including demolition, environmental mitigation and relocation) of the
Water and Wastewater Facilities and imposition of the Capital Assessments under
generally accepted accounting principles; and including reimbursement to the County
for any funds advanced for Capital Cost and interest on any interfund or intrafund loan
or other external loan mechanisms for such purposes.
"Collection Cost" means the estimated cost to be incurred by the County during any
Fiscal Year in connection with the collection of Assessments. To include but not
limited to Property Appraiser and Tax Collector fees, annual costs of updating and
administering the assessment roll, and maximum discounts allowed for early payment
under the Uniform Assessment Collection Act.
"County" means Collier County, a political subdivision of the State of Florida.
"County Administrator" means the chief executive officer of the County, designated
by the Board to be responsible for coordinating special assessments, or such person's
designee."
"Debt Service Amount" means the amount computed pursuant to Section 3.05(A)
hereof.:
"Final Assessment Resolution" means the resolution described in Section 3.05 of the
Ordinance that imposes Assessments within the Benefit Area.
"Fiscal Year" means the period commencing on October 1 of each year and continuing
through the next succeeding September 30, or such other period as may be prescribed
by law as the fiscal year for the County.
"Funding Agreement" means the agreement pursuant to which the County agrees to
deliver the Obligations against Payment therefor by the purchaser or unden,vriter of
Obligations. ;
SU .C~.,
"Initial Prepayment Amount;'~ea~s the amount computed pursuant Section 304(A)
hereof for each Tax Parcel located in Benefit Area to prepay the Capital Assessment
prior to issuance of the Origin?Obligations.
"Local Improvement" means a capital improvement constructed or installed by the
County for the special benefit of a neighborhood or other local area, for which special
assessments may be imposed pursuant to the Ordinance.
"'Maintenance Cost" means all expenses that are properly attributable to maintenance
of the water and wastewater facilities under generally accepted accounting principles.
"Modified Debt Service Amount" means the amount computed pursuant to Section
3.05(C) hereof.
"Obligations" means Original Obligations or Refunding Obligations
"Ordinance" means Ordinance No. 98-45.
"Original Obligations" means a series of bonds or other evidence of indebtedness
including but not limited to. notes, commercial paper, capital leases or any other
obligations of the County issued or incurred to finance any portion of the Project Cost
of the Water and Wastewater Facilities and secured, in whole or in part, by proceeds of
the Capital Assessments.
"Prepayment Modification Factor'' means the factor computed pursuant to Section
3.05(B) hereof.
"Project Cost" means (A) the Capital Cost of the water and wastewater facilities. ([3)
the impact fees or system development charges as required by the water and
wastewater provider, (C) the Transaction Cost associated with the Obligations
attributable to the Water and Wastewater Facilities, (D) interest accruing on such
Obligations for such period of time as the County deems appropriate, (E) the debt
service reserve fund or account, if any, established for the Obligations attributable to
the Water and Wastewater Facilities, and (F) any other costs or expenses related
thereto.
"Property Appraiser" means the Collier County Property Appraiser.
"Refunding Obligations" means a series of bonds or other eviCence of indebtedness
including but not limited to, notes, commercial paper, capital leases or any other
obligations of the County issued or incurred to refund all or any portion of the Original
Obligations or any indebtedness issued to refinance the Original Obligations.
"Related Service" means the operation and maintenance of a Local Improvement.
"State" means the State of Florida.
"Statutory Discount Amount" means the amount computed for each Tax Parcel
pursuant to Section 3.05(F) hereof.
"Tax Parcel" means a parcel of property to which the Property Appraiser has assigned
a distinct ad valorem property tax identification number.
"Tax Roll" means the real property ad valorem tax assessment roll maintained by the
Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Transaction Cost" means the costs, fees and expenses incurred by the County in
connection with the issuance and sale of any series of Obligations, including but not
limited to (A) rating agency and other financing fees; (B) the fees and disbursements of
b~nd counsel; (C) the underwriters' discount; (D) the fees and disbursements of the
C~unty's financial advisor; (E) the costs of preparing and printing the Obligations, the
preliminary official statement, the final official statement, and all other documentation
st~pporting issuance of the Obligations; (F) the fees payable in respect of any municipal
bOnd insurance policy; (G) administrative, development, credit review, and all other
fees associated with anY' pooled commercial paper or similar interim financing program;
and (G) any other costs of a similar nature incurred in connection with issuance of such
Obligations. ,~'
"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635,
Florida Statutes, or an~Successor statutes authorizing the collection of non-ad valorem
assessments on the same bill as ad valorem taxes, and any applicable regulations
promulgated thereund~r.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words
importing the singular ~umber include the plural number, and vice versa; the terms
hereof, hereby, here~n, hereto, hereunder and s~m~ ar terms refer to this
Resolution; and the term "hereafter" means after, and the term "heretofore" means
before, the effective d~te of this Resolution. Words of any gender include the
correlative words of the other gender, unless the sense indicates otherwise.
SECTION 1.03. GENERAL FINDINGS. The Board legislatively finds and
determines that:
(A) Article VIII, Sec'fion 1 of the Florida Constitution, and Sections 125.01 and
125.66, Florida Statutes, grant to a board of county commissioners all powers of local
self-government to perform county functions and to render services for county purposes
in a manner not inconsistent with general law, or with special law approved by vote of
the electors, and such power may be exercised by the enactment of county ordinances.
(B) The Board has enacted the Ordinance to provide for the creation of municipal
service benefit units and authorize the imposition of Assessments to fund the
acquisition and construction o[ Local Improvements and the provision of Related
Services to benefit th~'property located therein.
(C) Construction of the Water and Wastewater Facilities constitutes a Local
Improvement as cont~rnplated by the Ordinance.
(D) The Benefit Ar~a consists of (11) lots on the south side of Golden Gate Parkway
east from Santa Barb~'a Boulevard to 53rd Street Southwest. The property owners in
the foregoing area requested the County to construct Water and Wastewater Facilities
to allow for construction on the referenced property.
(E) The Benefit Area is located in Golden Gate City, Unit 7, Block 230, Lots 1
through 11, in Section 28 South, Township 49 South, Range 26 East, as recorded in
Plat Book 5, page 140 of the Public Records of Collier County, Florida.
(F) The construction of such Water and Wastewater Facilities will serve a
predominately public purpose and improve the quality and appearance of all property
located within the Ben~efit Area by allowing the owners to proceed with construchon,
thereby providing a special benefit to such property.
(G) The Assessments to be imposed in accordance with this Resolution provide an
equitable method of funding the acquisition, construclion of the water and wastewater
facilities by fairly and reasonably allocating the cost to specially benefited property.
ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2,01, ESTIMATED CAPITAL AND PROJECT COST.
(A) The estimated Capital Cost for the Water and Wastewater Facilities is $3@G,825.
(B) The estimated total Project Cost is $452,733.
(C) The Project Cost of the Water and Wastewater Facilities will be funded through
the imposition of Assessments against property located in the Benefit Area ~n the
manner set forth in Article III hereof. The annual maintenance cost for water and
wastewater facilities will be borne by Florida Government Utility Authority upon
conveyance of the facilities.
SECTION 2.02. ASSESSMENT ROLL. The County Administrator is hereby
directed to prepare final estimates of the Capital Cost for the Water and Wastewater
Facilities and to prepare the preliminary Assessment Roll in the manner provided in the
Ordinance. The County Administrator shall apportion the Project Cost among the
parcels of real property, within the Benefit Area as reflected on the Tax Roll in
conformity With Article III hereof. The estimates of Capital Cost and the Assessment
Roll shall be maintained on file in the offices of the County Administrator and open to
public inspection. The foregoing shall not be construed to require that the Assessment
Roll be in printed form if the amount of the Assessment for each Tax Parcel can be
determined by use of a computer terminal a.vailable to the public,
SECTION 2.03. PUBLIC HEARING. The County Administrator is hereby
authorized to establish the date and time of a public hearing to be held in the Collier
County Commission Chambers to consider (A) creation of the Benefit Area, (B)
imposition of the Assessments, and (C) collection of the Assessments pursuant to the
Uniform Assessment Collection Act.
SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the materials
required by Section 2.02 hereof, the County Administrator shall publish a notice of the
public hearing authorized by Section 2.03 hereof in the manner and the time prowded
in Section 3.04 of the O,.rdinance. Such notice shall be in substantiaily the form
attached hereto as APpendix A.
SECTION 2.05. NOTICE BY MAIL. Upon completion of the materials required by
Section 2.02 hereof, the County Administrator shall, at the time and in the manner
specified in Section 3.03 of the Ordinance, provide first class mailed notice of the
public hearing authorized by Section 2.03 hereof to each property owner proposed to
be assessed at the address indicated on the Tax Roll. Such notice shail be in
substantially the form ~ttached hereto as Appendix B.
ARTICLE III
ASSESSMENTS
SECTION 3.01. DESCRIPTION OF PROPOSED PROJECT AND BENEFIT AREA.
The Board proposes'tO create the Golden Gate Parkway Benefit Area within the Golden
Gate Parkway MumC~l~al Servme Taxing and Benefit Unit to encompass the property
located in Golden G~t~ City, Unit 7, Block 230, Lots 1 through 11, in Section 28 South,
Township 49 South, ~ inge 26 East, as recorded in Plat Book 5, Page 140 of the Public
Records of Collier Cd ;~ty, Florida. The Benefit Area is proposed for the purpose of
improving the use a~ enjoyment of property by funding the construction of Water and
Wastewater Facilitie..¶ o allow for construction on the property located therein. The
description of the pr~ ,Used sanitary sewer improvements is the construction of a new
Pump station, new gr~! ~ity and force main seWer lines and appurtenances from 53''~
Street S.W. through ~ ~i alley to connect to the Florida Government Utility Authority
existing sewer facilitieS, located on 53''~ Street S.W. The proposed potable water
improvements is the~nstruction of a new 8" water main, appropriate fire hydrant(s)
and appurtenances ~l~3ng the south side of Golden Gate parkway to connect to the
Florida Government/.Jtility Authority existing water facilities located on Santa Barbara
Boulevard.
SECTION 3.02. IMPOSITION OF CAPITAL ASSESSMENTS. Capital
Assessments shall be imposed against property Iocaled within the Benefit Area for a
period of 15 years. The first annual Capital Assessment will be included on the ad
valorem tax bill to be mailed in November 1999. When imposed, the Capital
ASsessment for each~Fiscal Year shall constitute a lien upon the Tax Parcels located in
the Benefit Area, pur~Suant to the Ordinance.
SECTION 3.03. APPORTIONMENT
The Board legislatively finds and determines that since use of the Water and
Wastewater Facilities will be substantially proportional to the tolal geographic area of
each Tax Parcel, it is fair and reasonable to apportion the costs of the project on a per
SECTION 3.04. PREPAYMENT AMOUNTS.
(A) The Initial Prepayment Amount for each Tax Parcel located within the Benefit
Area shall be computed by determining the total Project Cost, subtracting from that the
Avatar Properties, Inc. contributions and Debt Service Reserves, divided by the total
number of benefited Tax Parcels as described in Section 3.01
(B) Following issUance of the Original Obligations. an Adjusted Prepayment Amount
for each Tax Parcel, Other than those Tax Parcels as to which the Capital Assessment
has been prepaid prior to issuance of the Original Obligations, shall be computed by
multiplying (1) the a~'6unt computed by dividing (a) the Initial Prepayment Amount
eStablished herein fcJ~r sUch Tax Parcel by (b) the aggregate Initial Prepayment
Amounts for all Tax Parcels within the Benefit Area. excluding those Tax Parcels as to
which the Capital AS§essment has been prepaid prior to issuance of the Original
Obligations, by (2) the''~ '~
shall be computed as~e sum of (1) the Annual Debt Service Component and (2) the
Prepayment Amount f0~
Section 3.05(H) hereof,,~
(C) Following issuanl "of any Refunding Obligations, a new Adjusted Prepayment
Amount for each Tax 15_~rcel, other than those Tax Parcels as to which the Capital
Assessment has been p!epaid prior to issuance of such Refunding Obligations, shall
be computed by multi.P!~iing (1) the amount computed b7 dividing (a) the Adjusted
Prepayment Amount for~uch Tax Parcel by (b) the aggregate Adjusted Prepayment
Amounts for all Tax Pa'r~els within the Benefit Area, excluding those Tax Parcels as to
which the Capital AsseSSment has been prepaid prior to issuance of such Refunding
Obligations, by (2) th~pr~nc~pal amount of such Refunding Obl~§at~ons, The Adjusted
Prepayment Amount f~Ji;,~each Tax Parcel shall be revised annually, as provided in
Section 3.05(H) here "o[.~
SECTION 3.05. COMPUTATION OF ANNUAL CAPITAL ASSESSMENTS. fha
annual Capital AssesSment shall be computed for each Tax Parcel in the manner set
forth in this Section 3.05.
(A) DEBT SERVICE AMOUNT. A "Debt Service Amount" shall be computed for
each Fiscal Year as th_e. amount which would be payable in respect of the Obligalions in
accordance with a deb"t~service schedule wherein the principal and interest installments
equal those establishe'(J in the Funding Agreement.
(B) PREPAYMENT MODIFICATION FACTOR. A "Prepayment Modification Factor"
shall be computed for each Fiscal Year by dividing (1) the amount computed by
subtracting (a) the su~"bf the Adjusted Prepayment Amounts, as of the date on which
the Obligations are issued by the County, for all Tax Parcels as to which prepayment
has been made following issuance of the Obligations, from (b) the total principal
amount of Obligations~.lnitially issued by the County. by (2) the total principal amount of
Obligations initially is~i~d by the County.
(C) MODIFIED DEBT SERVICE AMOUNT. A "Modified Debt Service Amount" shall
be computed for each Fiscal Year by multiplying (1) the Debt Service Amount by (2) the
Prepayment Modification Factor.
(D) ANNUAL DEBT SERVICE FACTOR. An "Annual Debt Service Factor" shall be
computed for each Fiscal Year by dividing (1) the Modified Debt Service Amount by (2)
the aggregate Adjusted Prepayment Amount.
(E) ANNUAL DEBT'~$ERVICE COMPONENT. The "Annual Debt Service
Component" shall be computed for each Fiscal Year for each Tax Parcel by multiplying
(1) the Adjusted Prep .~.~ment Amount for such Tax Parcel by (2) the Annual Debt
Service Factor· ' ~
(F) STATUTORY DISCOUNT AMOUNT. The "Statutory Discount Amount" shall be
computed for each Tax. Parcel as the maximum discount allowed for early payment
under the Umform Assessment Collecbon Act, such amount to be calculated by
deducting (1) the Ann~l Debt Service Component from (2) the amount computed by
dividing (a) the Annua~:~)ebt Service Component by (b)
(G) (~APITAL ASS~[~SMENT. The annual Capital Assessment for each Tax Parcel
ncipal amount of the Original Obligations. The Adjusted
;ach Tax Parcel shall be revised annually, as provided in
Statutory Discount Amount.
(H) REVISION OF ADJUSTED PREPAYMENT AMOUNT. Upon ~ssuance of the ad
valorem tax bill for each Fiscal Year, the Adjusted Prepayment Amount for each Tax
Parcel shall be re-compUted by deducting (1) the amount computed by (a) dividing (i)
the principal componen~t~f the Debt Service Amount utilized to compute the Debt
Service Component fo~ithe Assessment Roll by (ii) the total Debt Service Amount
utilized to compute the Debt Service Component for the Assessment Roll and (b)
multiplying the result by the Annual Debt Service Component included on the
Assessment Roll for the Tax Parcel, from (2) the Adjusted Prepayment Amount utilized
to compute the annual Capital Assessment included on the Assessment Roll for such
Tax Parcel.
SECTION 3.06. INITIAL PREPAYMENT OPTION.
(A) On or prior to the thirtieth calendar day following the date on which the County
adopts the Final AssesSment Resolution, the owner of each Tax Parcel subject to the
Assessment shall be entitled to prepay all future annual Capital Assessments upon
payment of the Initial Prepayment Amount. The Board. ,n its sole discretion, may eject
to accept prepayments pursuant to this Section 3.06 on any date prior to execution of
the Funding Agreement.
(B) The amount of all prepayments made pursuant to this Section 3.06 shall be final.
The County shall not be required to refund any portion of a prepayment if the actual
Capital Cost of the water and wastewater facilities is less than the estimated Capital
Cost upon which such the Initial Prepayment Amount was computed.
SECTION 3.07. ADDITIONAL PREPAYMENT OPTION.
(A) Before the thirtieth calendar day following the date on which the County adopts
the Final Assessment Resolution, or such later date as the Board may allow in its sole
discretion, the owner of each Tax Parcel subject to the Capital Assessments shall be
entitled to prepay all future unpaid annual Capital Assessments upon payment of an
amount equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Parcel,
and (2) interest on the Adjusted Prepayment Amount, computed at a rate one full
percentage point in excess of the rate on the Obligations, from the most recent date lo
which interest on the Obligations has been paid to the next date following such
prepayment on which the Cour:ty can redeem Obligations after providing all notices
required to redeem all or any podion of the Obligations.
(B) During any period commencing on the date the annual Assessment Roll is
certified for collection pursuant to the Uniform Assessment Collection Act and ending
on the next date on which unpaid ad valorem taxes become delinquent, the County may
reduce the amount rec~bired to prepay the future unpaid annual Capital Assessments
for the Tax Parcel by the amount of the Capital Assessment that has been certified for
collection with respect to such Tax Parcel.
(C) The amount of all prepayments made pursuant to this Section 3.07 shall be final
The County shall not be required to refund any portion of a prepayment if (1) the
Capital Cost of the Water and Wastewater Facilities is less than the amount upon
which such Adjusted Prepayment Amount was computed, or (2) annual Capital
Assessments will not be imposed for the full number of years anticipated at the time of
such prepayment.
SECTION 3.08. MANDATORY PREPAYMENT.
(A) If at any time a tax certificate has been issued and remains outstanding in
respect of any Tax parcel subject to the Capital Assessment, the owner shall prepay all
future unpaid annual Capital Assessments for such Tax Parcel if the County, at its sole
option, elects to accelerate the Capital Assessment, The amount required to prepay
the future unpaid annual Capital Assessments will be equal to the sum of (1) the
Adjusted Prepayment Amount for such Tax Parcel, and (2) interest on the Adjusted
Prepayment Amount, computed at a rate one full percentage point in excess of the rate
on the Obligations, from the most recent date to which interest on the Obligations has
been paid to the next date following such prepayment on which the County can redeem
Obligations after providing all notices required to redeem all or any portion of tile
Obligations.
(B) During any period commencing on the date the annual Assessment Roll ~s
cedified for collection pursuant to the Uniform Assessment Collection Act and ending
on the next date on which unpaid ad valorem taxes become delinquent, the County may
reduce the amount required to prepay the future unpaid annual Capital Assessments
for the Tax Parcel by the amount of the Capital Assessment that has been cedified for
collection with respect to such Tax Parcel.
(C) The amount of all prepayments made pursuant to this Section 3.08 shall be final
The County shall not be required to refund any portion of a prepayment if (1) the
Capital Cost of the Water and Wastewater Facilities is less than the amount upon
which such Adjusted Prepayment Amount was computed, or (2) annual Capital
Assessments will not be imposed for the full number of years anticipated at the time of
such prepayment.
SECTION 3.09. REALLOCATION UPON FUTURE SUBDIVISION.
(A) Upon subdivision of any Tax Parcel located within the Benefit Area that ~s
subject to the Capital Assessment, and compliance with the conditions set forth below,
the Initial Prepayment Amount for such Tax Parcel (or, if the Obligations have been
issued, the Adjusted Prepayment Amount for such Tax Parcel) shall be reallocated
among the subdivided parcels.
(B} In order to have the Initial Prepayment Amount for such Tax Parcel (or, if the
Obligations have been issued, the Adjusted Prepayment Amount for such Tax Parcel)
reallocated in connection with any such subdivision, the owner shall be required to
apply to the County and comply with each of the following conditions:
(1) a recorded pla[i "approved site plan or comparable document must be provided
to the County sufficient in detail to describe adequately the location of the Tax Parcel
and the individual parcels in the proposed subdivision:
(2) the Property Appraiser must have assigned distinct ad valorem property tax
identification numbers to each individual subdivided parcel or committed in writing to
assign such numbers ~brior to the next ensuing August 1 or any later date approved by
the County that will not prevent timely certification of the Assessment Roll in
accordance with the Uniform Assessment Collection Act;
(3) at the expense df the property owner, an appraisal mus~ be provided by a
County-approved "certified general appraiser," as defined in Section 475611 (g),
Florida Statutes, which indicates the fair market value of the Tax Parcel prior to the
subdivision and the fair market value of each individual subdivided parcel; ~n
determining the fair market value of the individual subdivided parcels, the appraiser
may take into consideration any infrastructure improvements that are then under
construction if funds sufficient for their completion are secured to the satisfaction of the
County Attorney; :
(4) a proposed reallocation of the Initial Prepayment Amount (or. if the Obligations
have been issued, the Adjusted Prepayment Amount) to each individual parcel must be
provided to the County; provided however, that no portion of the Initial Prepayment
Amount (or, if the Obligations have been issued, the Adjusted Prepayment Amount)
may be reallocated to property proposed for dedication to the public or to common use
of the subdivided parcels;
(5) the fair market value of each separate parcel after the subd~'.,~s~on must be at
least five times the Initial Prepayment Amount (or, if the Obligations hove been issued.
the Adjusted Prepayment Amount) reallocated theretol and
(6) the property owner shall pay an assessment reallocation fee to the County for
each individual parcel resulting from the subdivision, in an amount to be established by
resolution of the Board of County Commissioners.
(C) If the owner of any Tax Parcel subject to the Capital Assessment subdivides
such Tax Parcel and fails to comply with the foregoing conditions, the County shall
reallocate the Initial Prepayment Amount (or, if the Obligations have been issued, the
Adjusted Prepayment Amount) among the subdivided parcels, based upon the land
value, without improvements, assessed to each subdivided parcel by the Property
Appraiser. At its sole~b~tion, the County may obtain an appraisal of the subdivided
parcels at any time an'd reallocate the Initial Prepayment Amount (or, ~f the Obligations
have been issued, the Adjusted Prepayment Amount) based upon the land value,
without improvements, reflected in the appraisal. If an appraisal is obtained, the cost of
the appraisal will be allocated among the subdivided parcels on the basis of the value
reflected therein and added to the Capital Assessment for each subdivided parcel in
the Fiscal Year following receipt of the appraisal. The Board legislatively finds and
determines that the foregoing method of reallocating the Initial Prepayment Amount (or,
if the Obligations have been issued, the Adjusted Prepayment Amount) among
subdivided parcels is fair and reasonable, taking into consideration the opportunity for
reallocation availableto the owner and the requirement to provide adequate security for
the Obligations. .~.
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. METHOD OF COLLECTION. The Assessments shall be collected
pursuant to the Uniform Assessment Collection Act
12
SECTION 4.02. SEVER.ABILITY. If any clause, section or provision of this
Resolution shall be declared unconstitutional or invalid for any reason or cause, the
remaining portion of said Resolution shall be in full force and effect and be valid as if
such invalid portion thereof had not been incorporated herein,
SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.
DULY ADOPTED this //,,~Cday of ~. ~
,1999.
(SEAL)
A"I-i"EST: '
DWIGHT E. BROCK, CLERK
Approved as to legal forr~
and sufficiency
I~avid C. Weigei ~
County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA , /
PAMELA S. MAC'KIE, CHAIR~/VOMA~
/
13
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
To Be Published
[INSERT MAP OF BENEFIT AREA]
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF SPEC:AL
ASSESSMENTS IN THE GOLDEN GATE
PARKWAY BENEFIT AREA
Notice is hereby given that the Board of Commissioners of Collier County will conduct a
public hearing to consider creation of the Golden Gate Parkway Mur;~cipal Service Benefit
Unit, as shown above, and imposition of special assessments for the construction of water
and wastewater facilities. The hearing will be held at [insert time] on [insert date], in the
[insert location], for the purpose of receiving public comment on the proposed Benefit
Area and assessments. All affected properly owners have a right to appear at the hearing
and to file written objections with the County Commission within 20 days of this notice. If a
person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at the hearing, such person will need a record of the
proceedings and may need to ensure that a verbatim record is made. including the
testimony and evidence upon which the appeal is to be made. In accordance with the
Americans with Disabilities Act, persons needing a special accommodation or an
interpreter to participate in this proceeding should contact the County Administrator at
[insert telephone number] at least seven days prior to the date of the hearing.
The assessment for each parcel of property will be based upon a per lot basis, The
geographic area of each parcel of properly is set forth in the Initial Assessment Resolution
adopted by the County Commission on [insert date]. Copies of the Initial Assessment
Resolution and the preliminary Assessment Roll are available for inspection at the office of
the County Administrator, located at [insert address].
The assessments will be collected on the ad valorem tax bill, as authorized by Section
197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to
be issued against the property which may result in a loss of title The County Commission
intends to collect the assessments in [insert number] annual ir;stallments, the first of
which will be included on the ad valorem tax bill to be mailed in November 1999.
If you have any questions, please contact the County Administrator at [insert telephone
number].
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
14
APPENDIX B
FORM OF NOTICE TO BE MAILED
[INSERT NAME OF COUNTY OR DEPARTMENT, ADDRESS AND PHONE]
[insert date]
[Property Owner Name]
[Street Address]
[City, State and zip]
Re: Parcel Number [Insert Number]
Golden Gate Parkway Benefit Area
Dear Property Owner:~
As you should be aware, the Board of County Commissioners is considering creation of
the Golden Gate Parkway Municipal Service Benefit Unit for the construction of water
and wastewater facilities. The cost of the water and wastewater facilities will be funded
by assessments against property within the Benefit Area. The assessment for each
parcel of property is based on a per lot basis. The geographic area of each parcel of
property is set forth in the Initial Assessment Resolution adopted by the County
Commission on [insert date]. Copies of the Initial Assessment Resolution and the
preliminary Assessment Roll are available for your review at the offices of the County
Administrator, located at [insert address]. Information regarding the assessment for
your specific property is attached to this letter.
The County intends to issue debt to finance this assessment project This will permit
the capital cost attributable to your property to be amortized over a period of [insert
number] years. However, on or prior to the thirtieth calendar day following the date on
which the County adopts the final assessment resolution, you may choose to prepay
your assessment in full ($... to cover your share of the capital cost) and avoid the
additional financing cost.
If you do not choose to prepay on or prior to the thirtieth calendar day following the
date on which the County adopts the final assessment resolution, the amount
necessary to pay your assessment in full will be increased by your share of the
financing cost.
The annual assessment will include your share of the principal, interest, collection cost,
and the maximum discount allowed for early payment under the Uniform Assessment
Collection Act. The maximum annual assessment is estimated to be $~ per lot.
However, the actual annual assessment cannot be determined until the debt is secured
and then the assessment may be lower. The County intends to include annual
assessments on your ad valorem tax bill. Failure to pay your assessments will cause a
15
tax certificate to be issued against the property which may result in a loss of title.
The Board of County Commissioners will hold a public hearing at [insert time] on
[insert date], in the [insert location], for the purpose of receiving comments on the
proposed Benefit Area and the assessments, including collection on the ad valorem tax
bill. You are invited to attend and participate in the hearing. You may also file written
objections with the County Commission prior to or during the hearing If you decide to
appeal any decision made by the Board of County Commissioners with respect to any
matter considered at the hearing, you will need a record of the proceedings and may
need to ensure that a verbatim record is made, including the testimony and evidence
upon which the appeal is to be made. In accordance with the Americans with
Disabilities Act, if you need a special accommodation or an interpreter to participate in
this proceeding, please contact the County Administrator at [insert telephone number]
at least seven days prior to the date of the hearing.
Questions regarding your assessment and the process for collection may be directed to
[Insert name and telephone number].
[INSERT NAME OF COUNTY OR DEPARTMENT]
* * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE .....
Golden Gate Parkway Municipal Service Benefit Unit
[Property Owner Name]
Parcel Number [Insert Number]
Prepayment amount before loan is issued (no financing cost): [Insert Amount]
Prepayment amount after loan is issued (includes financing cost): [Insert Amount]
Number of annual payments for capital cost: [Insert Number]
Maximum annual payment for capital cost: [Insert Amount]
Expected date of first bill: November 1999
* * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE