Resolution 1992-260/CWS 92-10
APRIL 28, 1992
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RESOLUTION NO. 92- 260
RESOLUTION NO. CWS-92-~
A RESOLUTION FIXING THE DATE, TIME AND PLACE
FOR THE PUBLIC HEARING ON THE CONFIRMATION OF
THE PRELIMINARY ASSESSMENT ROLL AND ADOPTION OF
THE NON-AD VALOREM ASSESSMENT FoOLL FOR PURPOSES OF
UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT
TO SECTION 197.3632, FLORIDA STATUTES, FOR DISTRICT
2 - EAST AND SOUTH NAPLES SANITARY SEWER PROJECT
WITHIN THE COLLIER COUNTY WATER-SEWER DISTRICT AND
PROVIDING FOR ~~ILING AND PUBLISHING NOTICE OF SUCH
HEARING.
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WHEREAS, the Board of County Commi~sioners of collier, County,
Florida, as the Governing Body of Collier County, and as ~
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Ex-Officio the Governing Board of the Collier County
Water'-Sewer
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september 27,
District, adopted Resolution No. 88-232/CWS-88-22 on
1988 confirming the creation of District 2 - East and South Naples
sanitary Sewer Project and ordering the construction of the
assessable improvements within the District; and
WHEREAS, th~ construction of the sanitary sewer improvements
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has been completed and the total assessable project cost has been
computed; and :1
WHEREAS, Chapter 88-499, Laws of Florida, and Chapterj153,
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Part II, Florida Statutes, provide that a public hearing be held
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on the confirmation of the preliminary assessment roll; and
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WHEREAS, Section 197.3632, Florida Statutes, requir~~that a
public hearing be held to adopt a non-ad valorem assessment roll
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for purposes of utilizing the uniform method of collection; and
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WHEREAS, the preliminary assessment roll confirmed pursuant
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to Chapter 88-499, Laws of Florida, and Chapter 153, part'II,
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pursuant to
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section 197.3632 are for practical purposes identical documents
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and the terms are interchangeably used throughout this Resolution.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY,
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COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING~BODY
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Section 1. This Resolution is adopted pursuant to the
Florida Statutes, and the non-ad valorem roll adopted
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of Chapter 88-499,
APR~lL 28"'1992
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Laws of Florida,~~:;~~ 153 "p:rt
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, II, Florida Statutes, section 197.3632, Florida Statutes, and
other applicable provisions of law.
section 2. It is hereby found and determined as folltiws:
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A. On September 27, 1988, the Dis~rict Board of the.Collier
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County Water-Sewer District (the "District") adopted ite
Resolution No. 88-232/CWS-88-22 confirming Resolution':.No.
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88-91/CWS-88-4, as amended by Resolution No. 88-231/CWS-88-21
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and ordering the construction of the sewer improvements
described therein (the "Project") to be located alonq.the
routes and in the areas described therein, designating:the
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area to be assessed for the payment of the cost of such
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improvements as "District 2 - East and South Naples sanitary
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Sewer SysteD'," (the "Assessment District"). ,I,
B. The cor.struction of these assessable sanitary sewer
improvements has now been completed and the sewer fa~1!ities
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have been placed into service. A preliminary assessment roll
has been prepared providing the actual costs and the
properties to be assessed and a copy of the prelimina~
assessment roll has been filed in the Office of the District
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June , 1992 at 9:00 o'clock
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A.M. at the Board Meeting Room, Third Floor, Building "F", ~7ounty
Clerk.
Section 3.
The UlIt day of
Courthouse, Naples, Florida, is hereby fixed as the time and place
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at which the District Board will meet and receive the written
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objections of the owners of the properties to be assessed, or
other persons interested therein, to confirm and adopt the
preliminary assessment roll, as filed. The District Clerk shall
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cause the notice of such public hearing to consider the adoption
of the preliminary assessment roll and the non-ad valorem ;~
assessment roll to be mailed first class mail to all the property
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owners on the preliminary assessment roll and the non-ad valorem
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assessment roll at the address provided for on said roll and to be
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published one time in the Naples Daily News, a newspaper published
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APRIL 28, 1992
in Collier county and circulating in the District, not less than
twenty (20) days prior to said date of the hearing.
section 4. Notice of such hearing shall be in substantially
the following form:
.
NOT ICE
Notice is hereby given that the District Board of the Collier
County Water-Sewer District, Collier County, Florida, will meet on
June 2, 1992, at 9:00 o'cloCk, A.M., at the Board of County
commissioners' Meating Room, 3rd Floor, Building "F",.County
Courthouse, Naples, Florida, for the purpose of hearing
objections, if any, of all interested persons to the preliminary
assessment roll (non-ad valorem assessment roll) allocating the
assessable costs of the sanitary sewer improvements constructed
within District 2 - East and South Naples sanitary Sewer System
(the "Project").
The sanitary sewer improvements consist of 25 manholes, 6,361
lineal feet of gravity sewer line, 25 lineal feet of force main
pipe, 2,501 lineal feet of lateral piping, 33 single services, 45
double services, 1 pump station, and 16,385 square feet of
pavement overlay. Assessable costs for these improvements
include: construction costs; engineering fees for design,
construction and inspection; property acquisition costs and fees;
legal costs and fees; financing costs; and other costs as
permitted by law. The improvements are located within District 2
- East and south Naples Sanitary Sewer Assessment District as
depicted on the attached map, attached hereto as Exhibit "A" and
being more particularly described in Exhibit "B" attached hereto.
A copy of the preliminary assessment roll (non-ad valorem
assessment roll) for each lot or parcel of land to be assessed is
on file with the District Clerk at Room 513, County Courthouse,
Building "F", Naples, Florida, and in the offices of the Collier
County utilities Division, 2800 North Horseshoe Drive, Naples,
Florida, and is open to the inspection of the public.
All affected property owners have a right to
. :nOD fA,~ 9S
APRIL 28. 1992
hearing and to file written objections to the adoption of a
resolution approving the preliminary assessment roll (non-ad
valorem assessment roll) with the District Board within 20 days of
this notice based upon the grounds that it contains items which
can not be properly assessed against property, that the
computation of the special assessment is incorrect, or there is a
default or defect in the passage or character of the resolution,
or the Preliminary Assessment (non-ad valorem assessment) is void
or voidable in whole or part, or that it exceeds the power of the
District Board. At the completion of the hearing, the District
Board shall either annul or sustain or modify in whole or in part
the preliminary assessment (non-ad valorem assessment) as
indicated on such roll, either by confirming the preliminary
assessment (non'.bd valorem assessment) against any or all lots or
parcels described therein or by canceling, increasing, or reducing
the same, according to the special benefits which the District
Board decides each such lot or parcel has received or will receive
on account of such improvements. The assessment so made shall be
final and conclusive as to each lot or parcel assessed unless
proper steps are taken within thirty (30) days with a court of
competent jurisdiction to secure relief.
The District will levy a special assessment (non-ad valorem
assessment) against those benefited properties utilizing a direct
benefit methodology or a special benefit methodology where
appropriate. The total assessable project cost is $531,604.36
which equates to $56.4493 per assessable front foot based on
9,417.38 assessable front feet for properties receiving a direct
benefit and a lump sum to each parcel receiving a special benefit.'
The special assessment (non-ad valorem assessment) will be
collected by the Collier County Tax Collector on the owner's ad
valorem tax bill pursuant to Section 197.3632, Florida statutes.
Failure to pay the special assessment (non-ad valorem assessment)
and your property taxes will cause a tax certificate to be sold
against the property which may result in a loss of title to the
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:.<.l'c' property.
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".' , '\ Any per lion who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and therefore
ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
.'the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT
MICHAEL J. VOLPE, CHAIRMAN
JAMES C. GILES, CLERK
By: Is/ Louise Chesonis
Deputy Clerk
(SEAL)
Section 5. The District Clerk is hereby ordered and directed
to spread this Resolution in full among the minutes of this
meeting for permanent record in the Clerk's office.
Section 6. This Resolution shall become effective
immediately upon its passage.
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This Resolution adopted after motion, second and majority
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DATED:u:'Apdl 28, .'1992
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$J'; . '~;j~~~/:.. ,SIL~,' CLERK
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",", "Approved as to form
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~',;,,', 'R chard D. Yovanov ch
Assistant County Attorney
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BOARD OF COUNTY CO~S'sIONER$"C.f.
COLLIER COUNTY, FLORIDA,- AS'l'HE "" '
GOVERNING BODY OF ,:COLLIER COUNTY i:-: ' :. .
FLORIDA, AND AS EJt-OFFICIOTHE':~V:'
GOVERNING BOARD OF "E'. COLLIER:" "
COUNTY WATER-SEWER DISTRICT' OF:' /:: ~
COLLIER CD' Y, FLqRIDA '/.' /1
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BY: 11"111111\\\
MICHAEL J. V LPE,
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EXHIBIT fl
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WILSON, MILLER, BARTON & PEEK, INC.
Engineers. Planners. SUl'Vt)'ors. Landscape: ArcNtC'CU.. Environmental Consultants. Construction ManaJets
W"\bon Profession.! Center. Suitt: 200.)200 a.iky lant lit Airpon Row!. Nspla, F\orids))9Q . (It31 ~ Fu. (IU) 6C3-5116
LEGAL DESCRIPTION
District 12
East and South Naples Sanitary Sewer System
A11 of Blocks 1, 2, 3, 4, 5, 6, 7 and 8;
Lots 1 through l2, Block 151
OUtlot B and platted rights-of-way adjacent to said Lots and Blocks
all in Naples South Unit No. 1 according to the plat thereof as
recorded in P.B. 4, page 89, Collier County Public Records, Collier
County, Florida; ,
AND
All of Block 7 and Block 9;
Lot 13 of Block 15 and platted rights-of-way adjacent to said Lots
and Blocks all in Naple8 South Unit No. 2 according to the plat
thereof a8 recorded in P.B. 7, page 68, Collier County Public
P~cords, Collier County, Floridal
AND
l~ts 1, 2 and 3 of Block 19 and platted rights-of-way adjacent to
said Lots and B1ock8 all in Le1y Tropical Estates Unit 2, according
to the plat thereof as recorded in P.B. lO, page 89, Collier County
Public Records, Collier County, Floridal
AND
All that land a8 described in O.R. Book 556, page 534, Collier
County Public Record8, Collier County, Florida, being a part of
Section l3, Township 50 South, Range 25 East, Collier County,
Florida.
WILSON, MILLER, BARTON & PEEK, INC.
BY d)J!.~ (J c ~ DATE rlf(r~
Wilbur M. Christiansen, , P.L.S. 1276
Not valid unless embossed with the Professional's seal.
Ref. D-984-B
Revised. April 7, 1992
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EXHIBIT B
DISTRICT TlIO
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ALL OF WHICH CAN BE MORE GENERALLY
ADJACENT TO OR IN TIlE VICINITY OF:
DESCRIBED AS THOSE
LANDS LYING
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AZTEC CIRCLE
ENTIRE STREET
BARCELONA CIRCLE
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,~~< BISCAYNll DRIVE
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'P;'CATALINA DRIVE
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: ';;',1CORTEZ CIRCLE
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',Fi DEVON CIRCLE
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f.:" GULFSTREAM DRIVE
ENTIRE STREET
TO CORTEZ CIRCLE
DEVON CIRCLE TO BISCAYNE DRIVE
ENTIRE STREET
GULFSTREAM DRIVE TO CATALINA
DRIVE
BISCAYNE DRIVE TO DEVON CIRCLE
(NOTE: ADDITIONAL EASEMENTS, BOTH PERMANENT AND TEMPORARY
CONSTRUCTION EASEMENTS, ARE INCLUDED BUT NOT IDENTIFIED HEREIN)
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