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Resolution 1996-511 I~~D; CLllllOmlOm 1l1ll0lllCI III /LOOI III 7110 ~..o,., vn. "JV cu. 1Q1O UCllIDIJ II the OlllClIL molDS ,f comn COOl'll. IL II/II/II It 1I:21l1l DVIC1IT I. mCl. CLlIl IIC nt. COlliS RESOLUTION NO 96- ~ 11 RESOLUTION NO. CWS-96- 13 HOV 1 7 199~ A RESOLUTION CONFIRMING THE PRELIMINARY ASSESSMENT ROLL FOR THE ROYAL COVE SEWER SPECIAL ASSESSMENT DISTRICT WHICH WAS PREPARED BY AGNOLI, BARBER & BRUNDAGE AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME FOR THE PURPOSE OF UTILIZING THE MONTHLY UTILITY BILLING METHOD OF COLLECTION PURSUANT TO ORDINANCE NO. 96-27. 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 lIBoard") 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, to create a special assessment district: and WHEREIS, rhe Board of County commissioners as Ex-Officio the Governing ~ard of the Collier County Water-Sewer District ordered and duly held an advertised public hearing on the tentative apportionment of cost on November 28, 1995: and WHEREAS, 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 creating the Royal Cove Special Sewer Assessment District and directing the engineers for the project to prepare the plans and specifications and estimated cost of the project: and WHEREAS, on October 1, 1996, the Board adopted Resolution No. 96-45l/Resolution No. CWS-96-ll, setting the date, time and place for a public hearing for the confirmation of the preliminary assessment roll prepared by Agnoli, Barber and Brundage and for the purposes of adopting the same by utilizing the monthly utility billing method for collection of the assessment pursuant to Ordinance No. 96-271 and WHEREAS, said public hearing was duly a;vurtised and regularly held, at the Board at County Commissioners Meeting Room, Third Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 o'clock A.M. on November 12, 1996. II.S1 11.11 NOV 1 21996 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUlITY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: Section One. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Royal Cove Sewer Special Assessment District preliminary assessment roll, as to the amounts shown thereon to be assessed against the lots and parcels of property to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll and make it final and adopt same a~ the final assessment roll for the purpose of using , , the monthly utility billing method of collection as contained in Collier County Ordinance No. 96-27. The sanitary sewer improvements consist of construction of . a new pump station, 14l lineal feet of gravity sewer line, 2493 " lineal feet of sewage force main piping (the "Project") which are described in Resolution No. 95-666/CWS-95-l0, and, said improvements have been constructed for a total assessable Project cost of $155,355.54, which equates to $89.2848 per front foot based on a total of 1740 front feet of the properties receiving a I benefit within the Royal Cove Sewer Special Assessment District. Included in the assessable Project costs are construction costs; engineering fees for design, construction and inspection: property acquisition costs and fees; legal costs and fees: financing costs: and other assessable costs as permitted by law associated with the sanitary sewer improvements. The total assessable Project cost as shown in Exhibit "A" attached hereto and incorporated herein, represents an assessment to the benefited properties within the Royal Cove Sewer Special Assessment DistrictlWhiCh is more particularly described as follows: Royal Cove, Un t Two - specifically Lots 1 through 28. I OR: 2250 PG: 1018 HOV 1 2 1996 The Board hereby confirms the Special Assessments attached as Exhibit "B" as the final assessment roll. section Two. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll, which is attached hereto as Exhibit "B" and incorporated herein. Section Three. Upon adoption of this Resolution, the Collier County Department of Revenue shall prepare and mail by first class mail to the property owners at the address listed on the final assessment roll an assessment bill for the full amount of the special assessment. Any special assessment may be paid in full at the office of the Collier County Department of Revenue within sixty (60) days from the date of adoption hereof, without interest. Thereafter, all special assessments shall be billed and collected in equal monthly installments over a period of twenty (20) years from the date the first such installment is due, pursuant to Collier County Ordinance No. 96-27. The monthly assessment installment payments shall be placed on the monthly water and sewer bill and shall include: CA) the monthly installment of principal, (8) interest on the unpaid principal assessment (including the amount of principal to be amortized by I payment of such monthly utility bill), to be paid on the same date payment of the monthly water and sewer bill is due at a rate of five and one-half percent (5.5%) per annum on the unpaid principal balance after the expiration of the said sixty (60) days: provided, however, any assessment may be paid in full at any time before the due date, together with interest accrued thereon to the date of payment. Section Four. The assessment shall be final and conclusive as to each lot or parcel assessed and 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 adoption of this ., HOV 1 2 199<; resolution approving the final assessment roll shall be the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within thirty (30) days from the date of adoption of this Resolution. Section Five. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments or installments thereof fall due, and any assessment or installment not paid when due shall also be collected pursuant to the provisions of Collier County Ordinance No. 96-27. Section Six. The procedures for billing payment and collection of the special assessments as levied by this Resolution are contained in Collier County Ordinance No. 96-27 and shall be enforced by the County Department of Revenue, and if applicable, the County Attorney. Section Seven. The Clerk is hereby ordered and directed to record this Resolution and all Exhibits attached hereto in the Official Records of Collier County, Florida. Section Eiaht. This Resolution shall become effective I immediately upon its passage. This Resolution adopted this /;2- day of November, 1996, after motion, second and majority vote. ,ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMKISSION~RS OF COLLIER COUNTY, FLORIDA~ ..:Alf'Tri.E GOVERNING BODY OF COLLIER COUNty, AND AS EX-OFFICIO THE GOVERNIN~ \. BOARD OF THE COLLIER COUNTY ~ WATER-SEWER DISTRICT . BY: ,~' ....JOHN c. NORRIS, ''CHAIRMAN ,....' ""1/111111""'\\'\" , "~'~~-.~71Jt, :',: "'.. ,,,...... Approved as to form and legal sufficiency: ~~~ Oavid C. Welgel County Attorney