Resolution 1992-263/CWS 92-13
APRIL 28, 1992
RESOLUTION NO. 92-~
RESOLUTION NO. CWS-92--1l-
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
5 - EAST AND SOUTH NAPLES SANITARY SEWER PROJECT
WITHIN THE COLLIER COUNTY WATER-SEWER DISTRICT AND
PROVIDING FOR MAILING AND PUBLISHING NOTICE OF sUCH
HEARING.
,
WHEREAS, the Hoard ot County Commissioners of Collier County,
Florida, aa the Governing Body ot Collier County, And Aa
Ex-otticio the Governing Board ot the Collier County Water-sewer
District, adopted Resolution No. 88-235/CWS-88-25 on september 27,
1988 confirming the creation of District 5 - East and South Naples
Sanitary Sewer Project and ordering the construction ot the
assessable improvements within the District; and
WHEREAS, the construction ot the sanitary sewer improvements
has, been completed and the total assessable project cost has been
computed; and
WHEREAS, Chapter 88-499, Laws ot 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
. 000 PIGl 124
APRIL 28, 1992
, provisions ot Chapter 88-499, Laws ot Florida, Chapter 153, Part
II, Florida Statutes, section 197.3632, Florida Statutes, and
oti,er applicable provisions ot 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. 88-235/CWS-BB-25 contirming Resolution No.
88-193/CWS-BB-14 and ordering the construction ot 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 5 - 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 ot the preliminary
assessment roll has been tiled in the Office of the District
Clerk.
Section 3. The zng 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 assessod, 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
2
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APRIL 28, 1992
twenty (20) days prior to said date ot the hearing.
section 4. Notice ot such hearing shall be in substantially
th6 tollowing torm:
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, tor the purpose' ot hearing
objections, it ~ny, ot 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 S - East and south Naples Sanitary Sewer System
(the "Project").
The sanitary sewer improvements consist of 1 manhole, 20
lineal teet ot gravity sewer line, 10,S19 lineal feet ot torce
main piping, 7 pump stations and 1,064 square feet ot 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 S - 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 tile with the District Clerk at Room S13, 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 ot the public.
All attected property owners have a right to appear at the
hearing and to file written objections to the adoption of a
resolution approving the preliminary assessment roll (non-ad
. 000 PiGE 126
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APRIL 28, 1992
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
.
detault or detect 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 ot 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 ot
competent jurisdiction to secure reliet.
The District will levy a special assessment against those
benetited properties utilizing a special benefit methodology. The
total assessable project cost is $747,201.38 which will be
apportioned in a lump sum to each parcel receiving a special
benetit. The special assessment (non-ad valorem assessmant) 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.
Any person who decides to appeal a decision ot the Board will
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
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Approved as to form
and legal sufficiency:
APRIL 28;' 1992
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: 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 ot this
meeting for permanent record in the Clerk's otfice.
Section 6. This Resolution shall become effective
immediately upon its passage.
This Resolution adopted after motion, second and majority
vote.
BOARD OF COUNTY COMMISS~~~~Y
COLLIER COUNTY,li'LQJO:DA, .'AS,:' ""
GOVERNING BODY ,OF.t,OLLIER ;COtiNi'Y%
FLORIDA, AND A~ ,Elf'iPFFICIO THE'" ':.:,
GOVERNING BOARo"'.oE' ,.:mE COLLIER:: w, :: .
COUNTY WATER-sEIoi'E:il. ',bISTRICT' 01": t' if
COLLIER COUNTY, Fti;n'uD":' ': ,'" ,..t ff
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MICHAEL J.
CHAIRMAN
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Richard D. Yo novich
Assistant County Attorney
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EXHIBIT B
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WILSON . MILLER . SARTON . SOLL & ~EEK. INC.
ENGINEERS F'l.AN\IERS Sl..lFlVEYoRS
1383 AlRPORT~PlJU...NQ ROAQ N:lRTH. NAPLaB. Pl..0AIClA ~1!I 18131 ~54e
LEGAL DESCRIPTION
District 15
East and South Naples Sanitary Sever System
The South 1/2 of the Southe.st 1/4 and the South 1/2 of the South 1/2 of the
Northvest 1/4 of the Southeast 1/4, Section 31, Township 49 South, Ranie 26 East,
Collier County, Florida;
AND
The Northeast 1/4 of Section 6, Township 50 South, Range 26 East, Collier County,
Floriaa LESS the East 1/2 of the Southeast 1/4 of the Northe..t 1/4 of .aid Seotion
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VILSON, !lILLER, BARTON, SOLL , PEEK, INr..
Reg_ Enaineers and Land Surveyors
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BY VI1!!4~<<:t~:"sen. J~.l P~~~~.
State of PIa. 12765
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emb03se~ vith the Professional'. seal.
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IlXllIBIT B
DISTRICT FIVE
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BE MORE GENERALLY DESCRIBED
THE VICINITY OF:
)\?~ SAIl MARCUS BOULEVARD
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" .~ ST. CLAIR SHORES ROAD
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~/ (NOTE: ADDITIONAL EASEMENTS, BOTH PERMANENT AND TEMPORARY
~: CONSTRUCTION EASEMENTS, ARE INCLUDED BUT NOT IDENTIFIED HEREIN AND
11;'.. ALL INTERIOR STREETS WITHIN THE FOLLOWING MOBILE HOME PARKS:)
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','; BLUE SKIES CO-OP, INC.
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. ;:SUNNY ACRES MOBILE VILLAGE
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ALL OF WHICH CAN
t~, ,ADJACENT TO OR IN
.~,; CAPE FLORIDA LANE
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'rt CAPE HAZE LANE
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'''f';', CAPE KENNEDY LANE
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:i:; CAPE SABAL DRIVE
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"'''';'RADIO ROAD (SR 85B)
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,WINDJAMMER VILLAGE MOBILE HOME PARK
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tNoLESS:~UMMER RV ESTATES
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ncmi.J'INES MOBILE HOME PARK
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OO'l'HWIND MOBILE VILLAGE
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APRIL 28, 1992
AS THOSE
LANDS LYING
.
ENTIRE STREET
ENTlRE'STREET
ENTIRE STREET
ENTIRE STREET
FROM FOXFlRE'S EAST
BOUNDARY TO THE EAST
CORNER OF SECTION 31 AND 6
ENTIRE STREET
ElITlRE STREET
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