Resolution 1992-261/CWS 92-11
APRIL 28, 1992
RESOLUTION NO. 92- 261
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 ~OLL FOR PURPOSES
OF UTILIZING THE UNIFORM METHOD OF COLLECTION
PURSUANT TO SECTION 197.3632, FLORIDA STATUTES,
FOR DISTRICT 3 - EAST AND SOUTH NAPLES SANITARY
SEWER PROJECT WITHIN THE COLLIER COUNTY WATER-SEWER
DISTRICT AND PROVIDING FOR MAILING AND PUBLISHING
NOTICE OF SUCH HEARING.
WdEREAS, the Board of County Commissioners of Collier County,
Florida, as the Governing Body of Collier County, and as
Ex-Officio the Governing Board of the Collier County Water-Sewer
District, adopted ReSOlution No. 88-233/CWS-88-23 on September 27,
1988 confirming the creation of District 3 - East and South Naples
Sanitary Sewer Project and ordering the construction of the
assessable improvements within the District; and
WHEREAS, the construction of the sanitary sewer improvements
has been completed and the total assessable project cost has been
computed; and
WHEREAS, Chapter 88-499, Laws of Florida, and Chapter 153,
Part II, Florida Statutes, provide that a public hearing be held
on the confirmation of the preliminary assessment roll; and
WHEREAS, Section 197.3632, Florida Statutes, requires that a
public hearing be held to adopt a non-ad valorem assessment roll
for purposes of utilizing the uniform method of collection; and
WHEREAS, the preliminary assessment roll confirmed pursuant
to Chapter 88-499, Laws of Florida, and Chapter 153, Part II,
Florida Statutes, and the non-ad valorem roll adopted pursuant to
Section 197.3632 are for practical purposes identical documents
and the terms are interchangeably used throughout this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY, FLORIDA, AND AS EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that:
Section 1. This Resolution is adopted pursuant to the
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APRIL 28, 1992
provisions of Chapter 88-499, Laws of Florida, Chapter lS3, Part
II, Florida statutes, section 197.3632, Florida Statutes, and
other applicable provisions of law.
Section 2. It is hereby found and determined as follows:
A. On September 27, 1988, the District Board of the Collier
County Water-Sewer District (the "District") adopted its
Resolution No. 88-233/CWS-88-23 confirming Resolution No.
88-92/CWS-8f.-S and ordering the construction of the sewer
improvements described therein (the "project") to be located
along the routes and in the areas described therein,
designating the area to be assessed for the payment of the
cost of such improvements as "District 3 - East and South
Naples Sanitary Sewer System" (the "Assessment District").
B. The construction of these assessable sanitary sewer
improvements has now been completed and the sewer facilities
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 preliminary
assessment roll has been filed in the Office of the District
Clerk.
Section 3. The ~ day of June , 1992 at 9:00 o'clock
A.M. at the Board Meeting Room, Third Floor, Building "F", County
Courthouse, Naples, Florida, is hereby fixed as the time and place
at which the District Board will meet and receive the written
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
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
owners on the preliminary assessment roll and the non-ad valorem
assessment roll at the address provided for on said roll and to be
published one time in the Naples Daily News, a newspaper published
in Collier County and cirCUlating in the District, not less than
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APRIL 28, 1992
twenty (20) days prior to said date of the hearing.
Section 4. Notice of such hearing shall be in substantially
the following form:
NOTICE
.
Notice is hereby given that the District Board of the Collier
County Water-Sellor District, Collier County, Florida, will meet on
June 2, 1992, a~ 9:00 o'clock, A.M., at the Board of County
Commissioners' Meeting 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
aesessable costs of the sanitary sewer improvements constructed
within District 3 - East and South Naples Sanitary Sewer System
(the "Project").
The sanitary sewer improvements consist of 36 manholes, 8,920
lineal feet of gravity sewer line, 2,795 lineal feet of force main
pipe, 4,843 lineal feet of lateral piping, 71 single servicss, 69
double services, 3 pump stations and 29,320 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 3
- East and South Naples Sanitary Sewer Assessment District as
depicted on the attached map, attached hereto as Exhibit "An and
being more particularly described in Exhibit "Bn 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 appear at the
hearing and to file written objections to the adoption of a
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APRIL 28, 1992
reaolution approving the preliminary assessment roll (non-ad
valorem assessment roll) with the District Board within 20 days of
thia notice based upon the grounds that it contains items which
can not be properly assessed against property, that the
cowputation of the special assessment is"incorrect, or there is a
default or defect in the passage or character of the resolution,
or the Prelimb.ary Assessm..nt (non-ad valorem asaessment) 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 D1strict
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-ad 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 $1,083,799.17
which equates to $55.7938 per assessable front foot based on
19,425.08 assessable front feet for properties receiving a direct
benefit and a lump sum to each parcel receiving a speci~l 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
property.
. GOOfld08
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'i" ",,",!,,"'" Any per.on who decides to appeal a decision of the Board will
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, need a record of the proceedings pertaining thereto and therefore
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
,tho 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, ClIAIRl1AN
JAMES C. GILES, CLERK
By: Isl 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
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,hli"!"'~AMES C' 'G:t~S' CLERK
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"':"',;,' Approved as to form
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~'(,Ric ard D. Y6vanovich
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immediately upon its passage.
This Resolution adopted after motion, second and majority
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BOARD OF COUNTY cOMMi:s.&ili~'.qF
COLLIER COUNTY, FLO~IIiA';';AS'~E"",
GOVERNING BODY OF c.6LLIER, coilNT'L:-:,
FLORIDA, AND AS EX:'>OFFICIOTHE ':'.. <;.
GOVERNING BOARD oF- ,THE 'COLLIER ','~ ~
COUNTY WATER-S~ DISTRICT 'OF :", ;;
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EXHIBIT [)
/ of ..;l.
WILSON" MII.LER . BARTON. SOLL & PEEK. INC.
ENGINEERS PLANNERS st.JRVEi.oAS
1383 ~1='OFl1'- PU..L.NG ROAD l'-ClRTl-4. NAPLES, ~ 33942-99S8 l81311S43--4!54l:5
LEGAL DESCRIPTION
District 13
East and South Naples Sanitary Sevl~ Systea
The North 1/2 of Section 35, Tovnship 49 south, Range 25 East, Collier County,
Florida;
LESS
that part of said Section 35 lying vi thin and North of th~t draina,. ea....nt as
d.scribed in O.R. Book 121, page 159;
ALSO LESS
East Naples Industrial Park according--to-the plat thereof a. recorded in P.B. 10,
pages 114-115, Collier County Public Records, Collier County, Florids,
ALSO LESS
RIver Reach according to the plat thereof ;;-recorded in P.B. 14. pailS 23 through
25 Collier County Public Records, Colli"" County, Florids;
VILSON, KILLER, BARTON,
Reg. Enlineers and Land
BY II [, tJ1L1l<.
~Chr
Stete of Pla.
SOLL L PEEK, INC.
Surveyors
<{ Ilr I rfj/
.L.S. . .
Not valid unless embossed with the Professional'. seal.
Ref: D-9B4C
,
. 000 net 111
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~'''aa.'-''l... ...__....OA&..... ~..~...~.. GUI"t'...DANCA.c...... .-"AHCl~.....'C...
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I!XlIIBIT B
DISTRICT 'rIlREB
& o-t. ~
MORE GEN~Y DESCRIBED
VICINITY OF:
AS THOSE
LANDS LYING
ALL OF WHICH CAN BE
ADJACE~T TO OR IN THE
ENTIRE STREET
ENTIRE STREET
CLIPPER WAY
LONGBOAT DRIVE
OUTRIGGER LANE
ENTIRE STREET
'(NOTE: ADDITIONAL EASEMENTS, BOTH PERMANENT AND TEMPORARY
. CONSTRUCTION EASEMENTS, ARE INCLUDED BUT NOT IDENTIFIED HEREIN)
. 000 PAGt 112
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