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Resolution 1992-262/CWS 92-12 APRIL 28, 1992 RESOLUTION NO. 92- 262 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 ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD of COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR DISTRICT 4 - EAST AND SOUTH NAPLES SANITARY SEWER PROJECT WITHIN THE COLLIER COUNTY WATER-SEWER DISTRICT AND PROVIDING FOR MAILING AND PUBLISHING NOTICE OF SUCH HEAF.ING. WHEREAS, 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. 88-234/CWS-88-24 on september 27, 1988 confirming the creation of District 4 - East and south Naples Sunitary 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 stututes, 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 .. OODmE114 -",.~,.,'---,..~-,~._~"...... _..--,-"~...,~"".-,-----_..,_._--~._..._-~.~----->~~~"".'.. '-'.< '-," APRIL 28, 1992 provisions of Chapter 88-499, Laws of Florida, Chapter 153, Part II, Florida statutes, section 197.3632, Florida statutes, and other applicabl~ ~rovisions 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. 88-234/CWS-88-24 confirming Resolution No. 88-93/CWS-88-6 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 4 - 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 . oao md15 . .. ~f, 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: 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' 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 assessable costs of the sanitary sewer improvements constructed ~ithin District 4 - East and South Naples sanitary Sewer System (the "Project"). The sanitary sewer improvements consist of 277 manholes, 78,189 lineal feet of gravity sewer line, 10,484 lineal feet of force main piping, 38,054 lineal feet of lateral piping, 566 single services and 643 double services, 8 pump stations and 189,684 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 4 - 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 appear at the ,. 000 PAct 116 ,. APRIL 28. J.992 hearing and to file written objections to the adoption of a resolution approving the preliminary assessment roll (non-ad valnrem 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-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 revenue to be collected for the Project is $6,702,326.73 which equates to $51.3450 per assessable front foot based on 127,740.54 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 . 000 PAGd17 ~ ~< ( ~:k~:f:<'''l~' t.;~;t_~I:> it!1.-ih~'; ;ili. - ~ ' ':\,'property. .~ _ _.' l: ,', .., ~\'i" \ ,;~~,.' 'need <':,:"~ ' APRIL 28, 1992 Any person who decides to appeal a decision of the Board will 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 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: /s/ 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. This Resolution adopted after motion, second and majority . ,,'~ . ~. ' 'r;, ~( .,-;c. DATED:?,pril 28, 1992 'i~ ATTEST: ~:C', JAMES,:C,1 9ILES, CLERK ~J;:::',:' ....,:". ._,1'" ,};:;-:~,., '...:/\ "~i:L~' t~A/;tt7-9J.~. '(".', '/ ," - .' ,.. .,-:;_: '''. ~,/>~.~... ,_.. "~;~.'''': ,-"". J4'-J'n',\~ ,.'" ~\,'::,"~-\~~K}~~,.~:t~:'): ' . . ::j~~f Approved as to form ,and legal SUfficiency: " ~t:;;^D~~~;novicg Assistant County Attorney vote. BOARD OF COUNTY'COMMISSIONER&,OF COLLIER COUNTY, FLO~tiA,o.;'AS THB., , GOVERNING BODY OF QOLLIER COuNTY~ FLORIDA, AND AS EX'-QFFICIO THE.~ ~ GOVERNING BOARD o"i ,1'HE' COLLIER .': '?, % COUNTY WATER-SEWER ,DISTRICT OF ; " :; COLL;(: 0[)I, II' :~,:~.D~.': '::f:<:::~l , y. '" ..r'f: '1 ' ;'-.;", I '. '.' \' BY- r "~I. ,".,".' \\\' . r. ,,_, ,..\ MICHAEL '1" i VOI.;PE, CHAIRMAN r \" ,. 000 PI(,,118 5 _ ,.... ~....,,__.,..,_.~,....,_~_,~__~<>_",,',"'''_.~_*_'._.. ,_,_"".",.. '_"~'e,".._.~~_~_.'h~'"'__""O_'_''''''~''~'''~_' ;J '~i "'~:~ -t;. " ~. .J t '... ~,l ...} --to': APRIL 28, 1992 ~,' -- " .... .,.--.'.- I". , . . . 1"'1" ;'.'-;' l:l =:' , " ~ II . ~ . I I III '" 1;1 H '" H >l .:;.' ........ ..... .1. .1..1.11.:.:.:,1.:':,:", ~ : ~ ' . 'I : ~ . ~ .:..i. Ii ~"~. -. I 'I "':' I' II i,IIII'F;lli Ilfrt~lil,l:il~~.~I.I.H ~ , '... 'WI,!.I... . ..1.1,.1,),1.. ....'....,. ~ 1 u I II I t 11111:, " f l'II'llli!I:I:lil!111,tllllliljl!I:I\lli\I":I:llil:l:Iln' s ~ 5, S S"StSjS-S'SS 5, SI,'S s~,:s 5 51S5 S S S S'S 5'S 5, t II i IIHIIIUl,bl!lii'1 nn 11111111 i!. .. 't I J,': J,':./Il'''!Jl Jl:J',)I!~:Ii)l!I:~l;:'! ;s :r:;S~1' _r j: : " ,.';. ':''''''1 1 'I; 1III,III'V!'I,! 1,1,,'1111111111111: .. ~ r.... I . I . _ I, : a~ ;.:.' .. I I . I . . , . . . It i; iii;;;i;';':r. ;'; ii1'iiiliii;ii ~! !~~!!!!~! ~ .. .~!!!!~!!!!!~! . :.- . . 000 PIG! 119 ~, . '. ~ ... '" , " 'J~ '!" '~ 1," . >l?:' "':l~"i' . ~~;$;J,<<:_--, f:; , .~',;~; w', t!~~:' ~\., ~'_: lr, ii? ..::~. . }5(;' loti" . ~, ~'if Jfi,~ V f?$' " '?~,;. '1; EXHIBIT B 'of ;) APRIL 2B, 1992 ";,..".',"'01 :;':)f',:;:' "~- - 4,!/ I~> ,I ~i\.i'; WILSON. MILLER, BARTON & PEEK. INC. , F.ncinct'1'1. Plannc1'1. SUI'\t'ynf"l. l:lMd~::I('lt Arch;tett:\. En\'\rOnmCnI31 Consuh:\nl~ &. Ct1n-stnK1ian ~t"n::l~(l" Wlho," I't",~,..'n..ll"tnl~T. ~Ul'( ~". .'::m IloIi~ 101""'41 Alrfl'ln RUN. 'Irn "1o'f1ll;a ,'.14.1~. ."DIM'f-alo*1 f;a, 11'1.11'-l'.~~1" LEGAL DESCRIPTION District .4 East and South Naples Sanitary Sewer System All that part of Section 30, Township 50 South, Range 26 East, Collier countf' Florida, 'lying northeasterly of U.S. 41 (S.R. 90 Tamiami Trail) ~ a I that part of said Section 30 as described in O.R. 515, page 855, Collier County Public Records, Collier County, Florida, and in O.R. 516, pages 119-120, Collier County Public Records, Collier County, Florida; AND All that land as described in O.R. 1391, pages 1017-1018, Collier County Public Records, Collier County, Florida, heing a part of Section 19, Township 50 South, Range 26 East, Collier County, Florida; AND Section 29, Township 50 South, Range 26 East, Collier County, Florida, ~ that land as described in O.R. 1278, page 1450-1456, being known as Lely R , D Park; also 1&U. Lots 1 through 22, Block A and Lots 1 through 23, Block B, and street adjacent to lots, Myrtle Cove Acres Unit 1, according to the plat thereof as recorded in P.B. 3, page 38, Collier County Public Records, Collier County, Florida; AND Tra!.l Acres Unit 3, and all that part of vacated Trail Acres Unit 3 according to the plat thereof as recorded in O.B. 3, page 94, Collier County Public Records, Collier County, Florida; AND Trail Acres Unit 4 according to the plat thereof as recorded in P.B. 7, page 103, Collier County Public Records, Collier County, Florida; AND Trail Acres Unit 1 according to the plat thereof as recorded in P.B. 3, page 50, Collier County Public Records, Collier County, Florida; AND Trail Acres Unit 2 according to the plat thereof as recorded in P.B. 4, page 62, Collier County Public Records, Collier County, Florida; AND All that land as described in O.R. Book 800, page 1476, Collier County Public Records, Collier County, Florida, being a part of Section 32, Township 50 South, Range 26 East, Collier County, Florida; AND All that part of Section 33, Township 50 South, Range 26 East, Collier County, Florida; being described in the following four (4) recorded descriptions; ,1) O.R. Book 1226, pages 1150-1152 2) O.R. Book 662, pages 1521-1523 3) O.R. Book 433, pages 286-288 4} O.R. Book 1262, pages 330-333 said descriptions being recorded in Collier County Public Records, Collier County, Florida; AND The Northeast 1/4 of Section 32, Township 50 South, Rar.ge 26 East, Collier County, Florida ~ that land as described in the following three (3) recorded descriptions; I) O.R. Book 635, page 189l 2) O.R. Book 1282, pages 1764-1765 3) O.R. 1056, page 1775 said descriptions being recorded in Collier County, Florida, and being a South, Range 26 East, Collier County, Collier County part of Section Florida; Public Records, 32, Township 50 WILSON, MILLER, BARTON' PEEK, INC. ATE #1/'1 L P.L.S. .27 Not valid unless th the Professional's seal. Revised: 4-2-92 added Ref: D-984D a part of Section 19, . OOOmr120 T 50 S, R 26 E 4/)ltl-I0150003,Jl:jllll R",1l1""" w. \l,IkT."f.. \\,n';lm L K..orhl". ~.F.. T1,..mZl R. rl"t'k. r F.. P.I..~.. "lh \1, Of1\lQIIM'fl.J,., PI.S.. (ldf,1f\f H. !C..ilnndn'.PF \!.In U R,"\"'.loJ....\ I t'.r. ..\Ik" 0 Whllr,.\ IX" . (j.n L 1>~I'lta.f:.r '\.. hrmll\" I)..&I.P F. .1.",," F. "'0UI..rft. PI !Iio . '''''lftalt .il..h.. P r APRIL 28, 1992 IlXllIBI'l' B DIS'l'Rlq'l' 701lR d. ~.,.. .3 ALL 0>' WIIICH CAN BE MORE GENERALLY DESCRIBED AS THOSE LANDS LYING , ADJACElIT TO OR IN THE VICINITY OF: ALABAMA AVENUE BAREFOOT WILLIAMS ROAD v.~s, BENSON STREET '~:'>'.~. '. I'{;, ',BROWAlUl STREET i~"":: '" " , ,~(: "BRYANT AVENUE " CALDWELL STREET CARLTON STREET L'OLLINS COURT COLLINS ROAD COLLINS STREET CONFEDERATE DRIVE CYPRESS LANE DIXIE DRIVE FIFTH STREET FIRST STREET FLEMING STREET FLORIDIAN AVENUE , FOURTH STREET GEORGIA AVENUE GILCHRIST STREET HARDEE STREET HOLLAND STREET JENNINGS STREET JOHNS STREET MAPLE LANE IlARTIN STREET MCCARTY STREET MITCHELL STREET ENTIRE STREET FROM U.S. 41 SOUTH TO THE SOUTH LINES OF HITCHING POST PROPERTY ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET FROM TAMIAMI COURT WEST TO THE WEST LINE 01' SECTION 29, TOWNSHIP SO SOUTH, RANGE 26 EAST ENTIRE'STREET ENTIRE STREET ENTIRE STREET . 000 Plcr121 J . ""'''~' " J;.i:~~' STREET ',"i:"~.<)' , ~", RAINTREE LANE .~:i~:, ;~;, SECOND STREET ;>l'l'-'''~ ,:,' .' ... i: SEVENTH STREET .}t~"; '~, I;.{ SHOLTZ '8TREET '~',,' ~t:SIXTH STREET .t:,'} """ SOtlTllWEST BOULEVARD 'it" .....,"'- ,,' , TAMIAMI COURT " " ~.' " , TAlUAMI TRAIL TEXAS AVENUE '.llIRD STREET ;"~".. ' i:, "TRAMMELL STREET ~'..- r~,l;':, , '" WARREN STREET Elhib,t 8 .3 'r~' APRIL 28, 1992 ENTIRE STREET ENTIRE STREET ENTIRE S~ET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET FROM NORTH LINE OF SECTION 30, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO SOUTHWIND BOULEVARD ENTIRE STREET ENTIRE STREET ENTIRE STREET ENTIRE STREET , . (NOTE: ADDITIONAL EASEMENTS, BOTH PERMANENT AND CONSTRUCTION EASEMENTS, ARE INCLUDED BUT NOT IDENTIFIED ALL INTERIOR STREETS WITHIN THE HITCHING POST CO-OP MOBILE .OOOpIG,122 .. .~-....~-....,--=--_....,_.~ .._~--,--",-",--"." ..,,'~,,~_. -.,,"~~~"""""~" ,,,' ._, ""'~"~""""""-'~" TEMPORARY HEREIN AND HOME PARK)