Resolution 1995-371
RESOLUTION NO. gS---l2l
A RESOLUTION FIXING THE DATE, TIME AND PLACE
FOR THE PUBLIC HEARING FOR APPROVING THE
SPECIAL ASSESSMENT (NON-AD VALOREM
ASSESSMENT) TO BE LEVIED AGAINST THE
PROPERTIES WITHIN PELICAN BAY MUNICIPAL
TAXING AND BENEFIT UNIT FOR MAINTENANCE OF
THE iiATER MANAGEMENT SYSTEM, BEAUTIFICATION
OF PECREATIONAL FACILITIES AND MEDIAN AREAS,
AND .KAINTENANCE OF CONSERVATION OR PRESERVE
AREAS WITHIN THE PELICAN BAY MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT.
WHEREAS, the Pelican Bay Improvement District completed
construction of improvements in accordance with the Plan of
Reclamation of the Pelican Ba~ Improvement Distri::t and such
improvements l re currently in .:>perationj and
WHEREAS, during the oper2tion of the improvt.nents, operation,
repair and mai.ntenance costs ", ill be incurred; ar-)
WHEREAS, the Board of County Commissioners aJopted Collier
County Ordinance No. 90-111 creating the Pelican 3ay Municipal
Service Taxing and Benefit Unit for the purpose (:.~ providing water
management, beautification of :ecreational facill:ies and median
areas, and maintenance of con! -!rvation and preserve areas; and
WHEREAS, Section 197.363; , 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 ~,llection.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUN' ~, FLORIDA, that:
SECTION ONE. 'fl1is Resolution Ls adopted pursuan" to the
provisions of Ordinance No. 9( -111, as amended, a'ad other
applicable provisions of law.
SECTION TWO. It is hereby found and determined that a special
assessment for maintenance of the water managemen~ system,
beautification of recreational facilities and median areas, and
maintenance of conservation and reserve areas witiain the Pelican
Bay Municipal Service Taxing a~d Benefit Unit is lecessary for
'OOK om PAGi 43
1
funding the required payments for the operation, repair and
maintenance of the water management system, beautification of
recreational facilities and median areas, and maintenance of
conservation a~d preserve areas during Fiscal Year 1995-1996.
SECTION THRE~. A public he~ring before the Board of County
Commissioners on the preliminary assessment roll (non-ad valorem
assessment roll) of the estimated costs to fund the maintenance of
the water management system, beautification of re::reation
facilities and median areas, a'ld maintenance of c':mservation and
preserve area!' during Fiscal Y:!ar 1995-1996 betwe!n the County and
each property owner of land wjthin the Pelican Bl'{ Municipal
Service Taxin~ and Benefit Un!': will be held on\uqust 2, 1995 at
6:00 P.M. at The Foundation Center, 8962 Hammock Jak Drive,
Naples, Florida, at which time the Board of County Commissioners
will hear objections of the owners of the propertles within the
Pelican Bay Municipal Service faxing and Benefit Unit or other
persons interested therein, tel the adoption of the preliminary
assessment roll (non-ad valorc' D assessment roll). The Clerk shall
keep a record ;'.n which shall be inscribed, at the request of any
person, firm or corporation having or claiming tr have any
interest in any lot or parcel of land within the Unit, the name
and post office address of su ~ person, firm or (;::)rporation,
toqether with ':.ne brief descr' ption or designati 'n of such lot or
parcel. The Clerk shall caus the notice of sue} public hearing
to be published one time in the Naples Daily News, a newspaper
published in Cllllier County and circulating in tha Unit, not less
than twenty (2{1) days prior t~ said date of the tearing. Notice
of such public hearing to con/lider the adoption of the preliminary
assessment roll (non-ad valorp.m assessment roll) shall also be
mailed first cJass mail to all the property owners on the
preliminary assessment roll (non-ad valorem assecsment roll) at
the address pr 'vided for on sldd roll.
aOOK 000 PAG( 44
2
SECTION FOUR. Notice of such hearing shall be'in substantially
the following form:
NOTICE
Notice i~ hereby given that the Board of County Commissioners
of Collier COHnty, Florida, will meet on August 2, 1995 at 6:00
P.M., The Foulldation Center, 8962 Hammock Oak Drive, Naples,
Florida, for 'he purpose of hearing objections, if any, of all
interested pelsons to the adoption of the preliminary assessment
roll (non-ad' 'alorem assessmeJ'lt roll) allocating the assessable
costs for maintenance of the '.ater n.anagement sYI tem,
beautificatio: of recreational facilities and median areas, and
maintenance 01' conservation o~,: preserve areas wi1'hin the Pelican
Bay Municipal Service Taxing and Benefit Unit wh:ch comprises and
includes those lands described as follows:.
, A tract of land being in portions of Sectio'.s 32 and 33,
Township 48 South, Range 25 Eastj together pith portions
of Sections 4, 5, 8 and Q, Township 49 Sout: , Range 25
East, Collier County, FLrida, being one anI, the same as
the lands encompassed wi:hin the Pelican Ba" Municipal
Service Taxing and Benefit Unit, the perimeter boundary
of same more particularl, described as fOllJws:
Commencin7 at the Southe st corner of said Section 33;
thence S01,th 89 degrees .9 minutes 50 seconds West along
the South line of Section 33 a distance of 150.02 feet
to a point on the West right-of-way line of U.S. 41
(State Road 45), said point also being the · oint of
Beginning; thence Southerly along the West ~ight-of-way
line of said U. S. 41 (State Road 45) the ~)llowing
courses: South 00 degrees 58 minutes 36 se.;onds East a
distance of 2.49 feet; t ence South 00 degrl'es 55
minutes 4:. seconds East distance of 3218.' 9 feet;
thence SO',lth 01 degrees . 0 minutes 29 secon's East a
distance 'Jf 3218.56 feet i thence South 00 d. grees 59
minutes OJ seconds East distance of 2626.: 1 feet;
thence South 01 degrees 0 minutes 18 seconds East a
distance of 2555.75 feet to a point on the North
right-of-way line of Pine Road as recorded .:n D.....B. 50,
Page 490, among the Public Records of said Collier
County; t.lence departing said U.S. 41 (Stat(! Road 45)
South 891egrees 09 minu',.es 45 seconds West along said
North riglt-of-way line a distance of 2662.61 feet;
thence South 00 degrees '1 minutes 44 seconds East a
distance of 70.00 feet to a point on the North line of
Seagate Unit 1 as recordC'd in Plat Book 3, ::'age 85 among
said Publfc Records; thellce South 89 degreef 09 minutes
45 secondu West along said North line of Selgate Unit 1
and the South line of said Section 9 a dist, 'nee of
2496.67 feet to the Southwest corner of saic' Section 9;
aOOK noo PAGE 45
3
thence continue South 89 degrees 09 minutes 45 seconds
West a distance of 225 feet more or less to a point on
the mean high water line established May 15, 1968;
thence a Northwesterly direction along said mean high
water line a distance 15716 feet more or less; thence
departing said mean high water line South 80 degrees 29
minutes 30 seconds East and along the Southerly line of
Vanderbilt Beach Road (State Road 862) as recorded in
D.B. 15, Page 121 amon~ said PUblic Records a distance
of 7385 reet more or less to a point on said West
right-of-way line of U. S. 41 (State Road 45); thence
South 00 degrees 58 minutes 36 seconds East along said
West riglit-of-way line a distance of 2574.3f feet to the
Point of Beginning.
A copy of' the preliminary assessment roll (ron-ad valorem
assessment roll) for each lot or parcel of land 10 be assessed is
on file at th', Clerk to the Bt'ard's Office, Room 513, County
Government Center, Administration Building, Fiftl\ Floor, 3301 East
Tamiami Trail. Naples, Florida and in the officer of the Pelican
Bay Services Division, 801 Laurel Oak Drive, Suite 510, Naples,
Florida, and is open to the inspection of the pu~.lic.
All affected property OWJ'lers have a right tl, appear and be
heard at the public hearing a~~:1 to file written ('bjections to the
adoption of a resolution appr.ving the prelimina):y assessment roll
(non-ad valorerr. assessment ro l) 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, t;',!lt the
computation of the special assessment is incorrect, or there is a
default or deff~ct in the pass ;Je or character of the resolution,
or the prelimillary assessment (non-ad valorem as~essment) is void
or voidable in whole or part, or that it exceeds ~he power of the
Board. At the completion of the hearing, the Bo.,t"d shall either
annul or susta.n or modify in whole or in part tta preliminary
assessment (no I-ad valorem as.;essment) as indicated on such roll,
either by confirming the prellminary assessment (non-ad valorem
assessment) against any or all lots or parcels de:scribed therein
or by canceling, increasing, or reducing the samf:, according to
the special benefits which the Board decides each such lot or
aOOK 04"JO PAG\: 46
4
"''''" I. U JW:)
\~~;,j~ ""
~';';''(;li parcel has rec.ived or will receive on account of such
''iM'~'':'I<:'
~,;"'improvements. The assessment so made shall be final and
conclusive as to each lot or parcel assessed unless proper steps
are taken within twenty (20' days with a court of competent
jurisdiction to secure relief.
The Boar:! will levy a special assessment (non-ad valorem
assessment) for operations and maintenance of the water management
system and thE.' beautification .,f the recreational areas and median
areas, and maj ntenance of cons l.lrvation and preser -Ie areas
utilizing an l~ivalent ResidE 1tial Unit based me ,:hodoloqy. The
total assessment for maintenar. ce of the water mar-'lgement system,
beautification of recreational facilities, and meUan areas, and
maintenance of conservation or preserve areas is ~1,228,SOO.OO
which equates to $158.5385 per Equivalent Residell.:ial Unit based
on 7,750.80 aS6;essable units. The special aSSeSlll'llent (non-ad
valorem assessment) will be C( Llected by the Collier County Tax
Collector on the owner's ad vl.Lorem tax bill pursuant to Section
197.36J2, Florida statutes. lailure to pay the special assessment
(non-ad valorem assessment) and your property taxis will cause a
tax certificate to be sold against the property ~ilich may result
in a loss of title to the pror~rty.
Any persol/ who decides t.' appeal a decision I,f the Board will
need a record of the proceedil 'JS pertaining there ":0 and therefore
may need to ensure that a verl:.atim record of the proceedinqs is
made, which record includes the testimony and evidence upon which
the appeal is \~O be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BETTYE J. MATTHEWS " CHAIRMAN
DWIGHT E. BROCK, C,:'ERK
By: Isl Maureen Kelyon
Deputy Clerk
(SEAL)
aOOK Ol:O PAG( 47
5
JUN 2 0 1995
SECTION FIVE. The Clerk is hereby ordered and directed to spread
this Resolutic,n in full among the minutes of this meeting for
permanent record in his office.
SECTION SIX. 'rhis Resolution shall become effective immediately
upon its passa~e.
This Res(,lution adopted t ::1 is
JIOtion, second and majority ve,':e.
~
,i,
f ". .
~; ...A'TrEST: '. .
,( ,.:->OWIGHT '
!,." ~ l'
.- ,. .,
:./'~ . ~
. .
;.. ..
(#~ .
J!:'.
. ,
;~ ,,: .
;.", 'to .~
, ~ tc-
':.
:""'_ .i
CLERK
. .'
'.
20th day of ~,1A, 1995, after
COMMISSIONERS
F
aOOK 000 mr 48