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Resolution 1996-451 RESOLUTION NO 96- 451 RESOLUTION NO. CWS-96- 11 OCT - 11996 A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL THE ROYAL COVE SEWER SPECIAL ASSESSMENT DISTRICT THE FOR WHEREAS, the Board of County Commissioners, as the Governing Body of Collier County and as EX-Officio the Governing Board of the Collier County Water-Sewer District (hereafter referred to as IIBoardll) determined on November 28, 1995 pursuant to Chapter 153, Part II, Florida statutes, Chapter 88-499, Laws of Florida, Section 125.01, Florida Statutes and other applicable provisions of law, that the creation of a special assessment district to be known as the "Royal Cove Sewer Special Assessment District" was the best. appropriate means to provide a central sewer system to those properties within that ~ubdivision known as Royal Cove Unit 2; and NOW, THEREFORE, BE IT RESOLVED BY 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, that: Section Onq. This Resolution is adopted pursuant to the provisions of Chapter 153, Part II, Florida Statutes, Chapter 88-499, Laws of Florida, Section 125.01, Florida Statutes, and other applicable provisions of law. Section Two. It is hereby found and determined as follows: A. On October 10, 1995, the Board of County Commissioners adopted Resolution No. 95-583/Resolution No. CWS 95-7 initiating a program for the purpose of providing a sanitary sewer system within Royal Cove. B. On November 28, 1995, the Board of County Commissioners adopted Resolution No. 95-666/Resolution No. CWS 95-10 as an amendment to Resolution No. 95-583/Resolution No. CWS 95-7 initiating a program for the purpose of providing a sanitary sewer system within Royal Cove Unit 2 only. Said resolution created the Royal Cove Special Sewer Assessment District and '1 .j OCT - 1 1996 directed the engineers for the project to prepare the plans and specifications, estimate of the cost of the project and a tentative assessment roll. C. Resolution No. 95-667/Resolution ':0. CWS 95-11 adopted by the Board of Commissioners on November 28, 1995, ordered the construction of the sanitary sewer improvements within the Royal Cove Sewer Special Assessment District and to be financed by special assessments against the benefited properties. D. Ordinance No. 96-27 adopted by the Board of County Commissioners an May 28, 1996 provides tor a method of collecting, financing and enforcing the Royal Cove Sewer Special Assessments. Section Three. The 12th day of November 1996 at 9:00 o'clock A.M. at the Board Meeting Room, Third Floor, Administration Building, Collier County Government Center, 3301 East Tarniami Trail, Naples, Florida 34112, is hereby fixed as the date, time and place at which the Board will meet and receive the written objections of the owners of the properties to be assessed, or other persons interested therein, to the adoption of a Resolution confirming the Preliminary Assessment Roll as final. The Clerk shall cause the notice of this public hearing to consider the adoption of the Preliminary Assessment Roll to be mailed by first class mail to each of the property owners on the Preliminary Assessment Roll at the address provided for on said roll to be published one time in the Naples Daily News, a newspaper published in Collier County and circulating in the District, not less than 15 calendar days from such publication (excluding Saturdays, Sundays and legal holidays) prior to said date of the pUblic hearing. Section Four. Notice of such public hearing shall be in substantially the following form: NOT I C E Notice is hereby given that the Board of County Commissioners as the Governing Body of Collier County and as EX-Officio the Governing Board of the Collier County Water-Sewer '1 '. OCT - 11996 District will meet on November 12, 1996 at 9:00 o'clocK A.M., at the Board of County Commissioners Meeting Room, Third Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112, for the purpose of hearing objections, if any, of all interested persons to the preliminary assessment against the properties that are specifically benefited by the sanitary sewer improvements within the Royal Cove Sewer Special Assessment District. The special assessment district is described as all those lands within Royal Cove, Unit 2 as recorded in Plat Book 11, Pages 3 and 4 of the Public Records of Collier County, Florida. A copy of the Preliminary Assessment Roll for each lot or parcel of land to be assessed is on file with the Clerk to the Bo~rd, Fourth Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112, and in the offices of the Public Works Division, Collier County Government Center, Health and Community Services Building, (Building "Hit), Third Floor, 3301 East Tamiami Trail, Naples, Florida 34112, and is available for inspection by the public. All affected 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 with the 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 Roll is void or voidable in whole or part, or that it exceeds the power of the Board. Any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the confirmation ot the resolution adopting the final assessment roll for the District shall be final and conclusive as to each lot or parcel assessed unless proper steps shall be taken within thirty (30) days in a court of competent '1 .j -'_~_'~_"'~__4",_, OCT - 11996 jurisdiction to secure relief. At the completion of the hearing, the Board shall either annul or sustain or modify in whole or in part the Preliminary Assessment Roll. Any person who decides to appeal a decision of 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 the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JOHN C. NORRIS, CHAIRMAN DWIGHT E. BROCK, CLERK BY: /s/ Maureen Kenyon Deputy CIerI< (SEAL) Section Five. The CIerI< 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 SiX'. This Resolution shall become effective immediately upon its passage. This Resolution adopted this /!:JI day of October, 1996, after motion, second and majority vote. . ' . ' . . '. . ",:;'-',',.. I,. . ". ;,~,. - c.'":- , ~ " ',:,", (', '-. ,'ATTEST: .' .,.' <'C'" ; DWIGHT E., BR~LERK Vf~",,~.F;/9: '.>-" "::" ',,',~~;~<' .:'..".. .'f.. ":::J/", BOARD OF COUNTY COMMIS'SIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIERcCOUNTY WATER-SEWER DIS RICT Approved as to form and legal sufficiency: CHAIRMAN '~""", "I"II11' ~~. j}()J~~~/~ DAVID C. WE GEL County Attorney ,. ";'~" ' ,:;'\ __'r " :: :. ."--,-:': , ,,:,' \\\\\\v '1 "