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Resolution 1996-402 2094714 OR: 2224 PG: 1373 mORDIo In OPPlCIIL mOROS of eOLLIIR eoom. !L Ol/Olm It 01:l9P! OVlGHT I. IROCl. eLm RIC PI! 1112.50 corm 3.00 letD: eLIIl ro !HI BOIRD 5 EP - 3 1996 RBsOLtrrIOII 110. WlIOJR'J III !LOOR 111 rttU A RESOLUTION APPROVING THE PLANS, SPECIFICATIONS, ESTIMATED COSTS AND TDITATIVE ASSESSMENT ROLL FOR THE NAPLES PARK AREA DRAINAGE IMPROVEMENTS MUNICIPAL SERVICE BENEFIT UNIT; CONFIRMING THE INITIAL RESOLUTION, RESOLUTION NO. 96-312; ORDERING THE CONSTRUCTION OF THE DRAINAGE IMPROVEMENTS WITHIN THE Bt:!EFIT UNIT TO BE FINANCED WITH SPECIAL ASSESSMENTS AGAINST THE BENEFITED LOT OR PARCELS OF PROPERTY FOR SUCK IMPROVEMENTS. WHEREAS, the Board of County Commissioners on July 18, 1995 adopted Collier County Ordinance No. 95-44 which amends Ordinance No. 86-37 by providing the procedure for the levy and collection of the special assessments; and WHEREAS, the Board of county commissioners on August 22, 1995 after a duly noticed pUblic hearing adopted Resolution No. 95-476 creating the Naples Park Area Drainage Improvements Municipal Service Benefit Unit; and WHEREAS, the Board of County Commissioners on July 16, 1996 adopted Resolution No. 96-311 superseding Resolution No. 95-476 created the Naples Park Area Drainage Improvements Municipal Service Benefit Unit; and WHEREAS, thn Board of County Commissioners on July 16, 1996 adopted Resolution No. 96-312 initiating a program for the purpose of providing stormwater drainage improvements within the Naples Park Area Drainage Improvements Municipal service Benefit Unit; and WHEREAS, the Board of County Commissioners on July 16, 1996 adopted Resolution No. 96-313 setting the date, time and place tor the public hearing on the tentative assessment roll; and WHEREAS, said hearing was duly noticed both by publication and by mail provided to property owners whose property was to be included in the special assessment district; and WHEREAS, said hearing was duly and regularly held on September 3, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COKKISSIONERS OF COLLIER COUNTY, FLORIDA, that: -1- IOO~ (JOO fl'[ 124 I . :j OR: 2224 PG: 1374 SEP - 3 1996 SECTION ONa. The Board, having heard property owners and other interested persons appearing before the Board as to the propriety and advisability of making the stormwater drainage improvements described in Resolution No. 96-312 adopted on July 16, 1996, and as to the manner of payment of said cost by the levy of special assessments against lots or parcels of property to be specially benefited by such improvements and having considered any objections to Resolution No. 96-312, on the ground that it contains items Which cannot properly be assessed Against prop~rty, or that it is for any default or defect in the passage, void or voidable in whole or in part, or that it exceeds the power of the Board, hereby determines and resolves to proceed with the Project. SBCTION TWO. The total estimated assessable cost of the Project is approximately $3,611,689.00, which shall be payable by the levy and collection of the special assessments against the lots or parcels of property described within the Unit to be specially benefited by the construction of the stormwater drainage Project. BBCTIOII TIIllBB. The special assessments described in Resolution No. 96-312 shall be co-egual with the lien of other taxes, superior to all other liens, titles and claims, until paid. Such assessments are found and determined to be levied in direct proportion to the special and positive benefits to be received by the lots or parcels of property and to the stormwater burden each lot or parcel of property contributes to the overall stormwater drainage system within Naples Park Area Drainage Improvement Municipal Benefit Unit. The lots or parcels of property to be assessed tor the stormwater drainage improvements are listed in the Tentative Assessment Roll, attached hereto as Exhibit "A" and incorporated herein. SECTION POOR. The special assessments described in Resolution No. 96-312, shall be levied against all lots or parcele of property within the Naples Park Area Drainage Improvements Special Assessment District, which comprises all the lands within the Naples Park Area Drainage Improvement Municipal Benetit Unit, -2- 100! oeo", 125 j OR: 2224 PG: 1375 SEP - 3 1996 more particularly described as follows: All those certain lands lying within portions of Sections 28 and 33, Township 48 South, Range 25 East, Collier County, Florida, and being further described as follows, all oft Unit No. 1, Naples Park as recorded in Plat Book 1, Page 106 and; Subdivision of Block 1, Unit No. 1, Naplee Park, as recorded in Plat Book 4, Page 5 and; Replat of Blocks 4 , 5, Unit No. I, Naples Park, ae recorded in Plat Book 4, paqo 6 and; Unit No. 2, Naples Park as recorded in Plat Book 2, Page 107 and; Unit No. 3, Naples Park as recorded in Plat Book 3, Page 5 and; Unit No. 4, Naples Park as recorded in Plat Book 3, Page 7 and; Unit No. 5, Naples Park as recorded in Plat Book 3, Page 14 and; Unit No. 6, Naples Park as recorded in Plat Book 3, Page 15 and; Coventry Square as recorded in Plat Book 23, Page 65-66; together with all those certain lands lying within Section 33, Township 48 South, Range 25 East, being bounded on the; North by the South right-of-way line of 91st Avenue; South by the North right-of-way line of Vanderbilt Beach Road; East by the West right-of-way line of U.S. 41, N. Tamiami Trail; West by the East right-of-way line of Vanderbilt Drive; The apportionment of costs of the Project will be based on the methodology described in Exhibit "B" attached hereto and incorporated herein. SECTION PIVB. All objections to the confirmation of Resolution No. 96-312, on the ground that it contains items which cannot be properly assessed against the 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 of costs, void or voidable in whole or in part, or that it exceeds the power of the Board, shall be made in writing, in person or by an IOO( -nOO '>c, 126 OR: 2224 PG: 1376 SEP - 3 1996 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 consider~d as waived. The special assessments shall be established upon adoption of the Approving Resolution and the adoption of the Approving Resolution shall be the final adjudication of the issues presented, including but not limited to the special assessment methodology, the tentative assessment roll, the estimated cost ot the project, the levy and lien of the special assessments, the interest rate the special assessments shall bear, and the terms of prepayment ot the special assessments, unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of Board action on the Approving Resolution. ~ECTIOII 8IX. Thie Resolution is supplemental to Resolution No. 96-312 and such resolution is ratified and confirmed in all respects. SEeTIOR SBVEH. 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 and to record this Resolution with all the Exhibits attached to this Resolution in the Official Records of Collier County, Florida. CECTIOII BIGHT. This Resolution shall become effective immediately upon its passage. This Resolution adopted this ?rd day of ..<t~ 19~.~., a,lter motion, second and majority vote. .. : ':.'( ATTEST: 'DWiGHT E'. BROCK, CLERK BOARD OF COUNTY COKKISSIONERS COLLIER COUNTY, FLORIDA BY~~~ ~~S~HAIRKAN ~ ~: ~ "." , . " ; "Ap roved as to form and . 'le '1II,..suf(i6iency: "J'~". t-iJ' t1 Da~~gel ~ County Attorney !oo~41]OO,..! 127