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Resolution 1995-518 RISOLOTIOH HO. 95- 518 A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING ON THE TENTATIVE ASSESSMENT ROLL FOR THE NAPLES PARK AREA DRAINAGE IMPROVEMENTS MUNICIPAL SERVICE BENEFIT UNIT. WHEREAS, the Board of County Commissioners on July 18, 1995 adopted Collier County Ordinance No. 95-44 which amends Ordinance No. 86-37 br providing the procedure for the levy and collection of the spec..al assessments; and WHEREA1, the Board of ~ounty Commissioners on Auqust 22, 1995 after a duly noticed public hearir,g adopted Re solution No. 95-476 creating th ~ Naples Park Ar'la Drainage Improve lents Municipal Service Ben~fit Unit; and WHEREAS, the aforementloned resolution, d'd set forth that the cost of the stormwater drainage improvements within the Unit shall be paid by the levy and collection of splcial assessments against the henefited properties within the Unit; and WHEREAS, the Board of ' ounty Commissioner~ on September 12, 1995 adopted Resolution No. 95-...2l.7 initiating .; proqram for the purpose of p:~oviding stormw., ter drainage improvements within the Naples Park Area Drainage Improvements Municipal Service Benefit Unit and creating the Naples Park Area Drainag" Improvements Special Assessment District. NOW, THFREFORE, BE IT eSOLVED BY THE BO~ 0 OF COUNTY COMMISSIONERb OF COLLIER CO', iTY, FLORIDA, that~ SECTION ONE. This Resl. lution is adopted p~rsuant to the . provisions of Section 125.01, Florida Statutes, Collier County Ordinance No. 86-37, as amended by Ordinance No. 95-44, and other applicable plovisions of la,'" SECTION TWO. It is heraby found and determined as follows: A. On September 12, 1995, the Board of '-:ounty Commissioners adopted Resolution No. 95-~~2- initiating a program for the purpose of providing stortrrlater drainage improv~ ants within the Naples Park Area Drainage "., 'j .~ ,i ','~' I )Ii,! .'Ii'i '~li .' " , ". " f' 'I ~ Improvements Municipal Service Benefit Unit. Said Resolution created the Naples Park Area Drainage, Improvements Special Assessment District and directed the County's Consulting Engineer for the Project to prepare in triplicate the preliminary plans, specifications, cost estimate of the project and Tentative Assessment Roll. B. rhe preliminary plans, specifications, cost estimate of the pr)ject and Tentative Assessment Roll have been prepared by the County's Consulting EnCJineer for the Project and are on fil.a in the Office,f the Clerk to the Board. BECTIO'" THREE. The 24 ';h day of Ootober, ~995 at 9: 00 o'clock A.M. at the Board Meeting R)om, Third Floor, Alministration Building, C"llier County Go .ernment Center, 33 1 East Tamiami Trail, Naples, Florida 33962, is hereby fixed as the date, time and place at which the Board will meet and rec~ive the written obj ections of the owners of the properties to . ;.e assessed, or other persons interested th, rein, to adopt a R~solution approving the Tentative Assessment Ro 1 and ordering the construction of the assessable inprovements. ~ e Clerk shall cause the notice of such public hedrinq to consider the adoption of the Tentative Assessment Roll to be mailed first class mail " each of the property owners on the Tentative Assessment Rol l at the address provided for on said roll at 1 to be published ("',e time in the Naples Daily \Jews, a newspal Ir published in Co) tier County and circulating in the Unit, not less than 15 calendar days from such publication (excluding saturdays, Sundays and logal hOlidays)prior to said date ,f the public hearing. SECTIOlf~OUR. Notice 0,' such public hearing shall be in SUbstantially the following "orm: If...r.....7. I C B Notice is hereby given that the Board of Ccunty Commissioners of ColU'lr County, Florjda, will meet on October 24, 1995 at 2 :- 1 J '''J "f "I :~ .oj 1 J :~ "'i! J ;:~ ,~ '~ 1, :: 9:00 o'clock A.M., at the Board of County Commissioners' Meetinq Room, Third Floor, Administration Building, Collier Count~' Government center, 3301 East Tamiami Trail, Naples, Florida 33962, for the purpose of hearing objections, if any, of all interested persons to the Tentative Assessment Roll allocl'ting the assessable project costs for the storJ'nWater drain'ge improvements within the Naples Park Area Drainaqe Impro\ements Special Assessment District. The Naples Park Area rrainage Improve~ents Special Assessment District is more particularly desc ~ibed as follows: tl '.~ ;~ ,~"~~,ij. ,~~: . ;h \ 1 '~ '~.~ '.:....... .' ., .~ .~ '.d .~ .r '. All tl.ose certain lanc..s lyinq within port.lons of Sections 28 and 33, Township 4t South, Range 25 E2Jt, Collier County, Florida, and tl!ing further descrJ ',ed as follows, all of; Unit NO.1, Naples Park as recorded in Plat Book 1, Page 106 and; Subdivision of Block 1, Unit No. 1, NaplE~ Park, as recorded in Plat Book "" Page 5 and; Replat of Blocks 4 '5 Unit NO.1, Naple-::J Park, as recorded in Plat Book , Page 6 and; Unit No.2, Naples Par.~ as recorded in Plat Book 2, Page 107 an"; Unit NO.3, Naples Park as recorded in Pl It Book 3, Page 5 and; Uni t No.4, Naples Park as recorded in Pl, \ t Book 3, Page 7 and; Unit No 5, Naples Par as recorded in Pl t Book 3, Page 14 and; Unit No.6, Naples Par. as recorded in Plat Book 3, Page 15 and; Coventr~ Square as recorded in Plat Book 23, Page 65-66; togethe.' with all those certain lands lying within Section 33, TownShip 4~ South, Range 25 East, being bounded on the; '" North by the South right-of-way line of 9] It Avenue; South by the North righ'c.-of-way line of Va,derbilt Beach Road; i East by the West right-of-way line of U.S. 41, N. Tamiami Trail; West by the East right-.>f-way line of Vanderbilt Drive; , 3 4 , A copy of the Tentative Assessment Roll for each lot or parcel of land to be assessed is on file with the Clerk to the Board, Roon. 513, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida 33962, and in the offices of the County Stormwater Management Department, Collier Co\'nty Government Center, Health and Community Services Building, 'Building "H"), Third Floor, 3301 East Tamiami Trail, Naples, Flc.rida 33962, and is available for inspection by the public. All affected property owners have a righ1 to appear at the hearing an' to tile writter objections to the adoption ot a resolution approving the Ttntative Assessment Roll with the Board within 20 Clays ot this notj:::e based upon the ~':,ounds that it contains items which can not be properly assessed against property, that the computation ot the special assessment is incorrect, or there is a default or defect in the passage or character of the resolutior or the Tentative \ssessment Roll is void or voidable in whole , . part, or that it 'lxceeds the power of the Board. \t the completj ,m of the hearing, the Board shall either annul or sustain or modify in whole or in part the Tentative Assessment Roll. Further, the Boarc, may adopt an ApprOVing Resolution which shall approve the ~~ans, 1 .'~ , ~ ~ "l :~ ;~ ~~ :~:! ~.: ~ 1 J,. ,"il ..=1 '!'i ,~ I; q~ ....1;: specifications, cost estimc :es and Tentative 1 Jsessment Roll, including tha method of as( lssment, with such lmendments as it deems just and right, repe~ . or confirm the Initial Resolution with such amendments, if any, as may be deemed appropriate by the Board. All )bjections to the Approving Resolu';ion shall be made in writing,lnd filed with I..he Clerk at or before the time or adjourned time of such hear .ng. The adoption of the Approving Resolution shall be the fin.\l adjudication of the issues presented (inClUding, but not limited to, the method of 1lssessment, the Tentative Assessment Roll, the plans and speci1ications, the estimated cc It of the proje' :t, the levy and lien of the Special . 4 < Assessments, the interest rate the Special Assessments shall bear, and the terms of prepayment of the Special Assessments) unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board acti(.n on the Approvin9 Resolution. Notice of the lien of the Special Assessments shall be recorded in the Official Records Book in th(. office of the Clerk. .~1 Any person who decides to appeal a decision of the Board will need a rec(, rd of the procet'1ings pertaining tt.ereto and therefore may need tc ensure that a "arbatim record of t t1e proceedin9s is made, whict record include. the testimony and Ividence upon which the appeal is to be based. '! , . J :l." ..'" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BETTYE J. MATTHI~S, CHAIRMAN DWIGHT E. BROCK, CLERK ~:~1 ~. " .';1 " ;<! 'j 111 ,.....A .' .! ;;~ ,. :' .~ BY: Isl Maureer Kenyon Deputy {~:lerk ( SEAL) SECTION FrvE. The Cle,k is hereby ordered and directed to spread this Resolution in full among the minutes of this meetin9 for permanent record in the Clerk's Office. nCTION BIlt This Resolution shall becomt: effective immediately upon its passag . This Re~olution adopte, this ~day of ~.~~~~~ 1995, after motion, second ~ nd majority vote. =1 ,1; . :.. -5 " ;~ , ,,:~ lii ~~ '~ ;.t '/I ',I ;;:j f't ....t '''.' ;IJ; .~ 11 1 .~ :;~ '\ ,"..... ""., " ., ,,:ATTEST:, . :" ...DWIGHT' 'E. . ~BR(\CK, CLERK ; , / , . ~ . BOARD OF COUNT1' COMMISSIONERS COLLIER CO TY, FLORIDA = ': . .... .<~ App oved a$ ,td- form ...., '1.egal,suffici'p.ncy: ",' "