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Resolution 1995-609 RESOLUTION NO. 95-609 RESOLUTION NO. CWS-95-~ A RESOLUTION APPROVING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATE OF COSTS OF THE PROPOSED SANITARY SEWER IMPROVEMENTS IN THE ROYAL COVE SEWER SPECIAL ASSESS~T DISTRICT OF THE COLLIER COUNTY WATER-SEWI:R1DISTRICT OF COLLIER COUNTY, FLORIDA, AND A TENTATIVE APPORTIONMENT OF SUCH ESTIMATED COSTS AMONG THE PARCELS OF PROPERTY TO BE ASSESSED, SUBMITTED BY THE DISTRICT'S ENGINEER FOR THIS PROJECT; FIXING THE DATE, TIME AND PLACE FOR PUBLIC HEARING ON THE CONFIRMATION OF THE DIST~ICT'S RESOLUTION NO. 95-583/RESOLUTION NO. :WS-95-7 INITIATING THE PROGRAM FOR THE ROYAL COVE SEWER SPECIAL ASSESSMENT; OR~ERING THE CONSTRUCTION OF THE ASSESSABLE IMPROVEMENTS; AND PHOVIDING FOR MAILING AND PUBI,rSHING NOTICE OF SUCH PUBLIC HEARING. WHEREAS, the Board of COt;1ty Commissioners 01 October 10, 1995 adopted P.esolution No. 9~ -583/Resolution No. CWS-95-7 initiating a program for the ~urpose of providing a sanitary sewer system within Royal Cove and ~~yal Cove Unit 2. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN'l'Y, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFI( (0 THE GOVERNING B0kRD OF THE COLLIER COUNTY WATER-SEWER DI~ 2RICT OF COLLIER C(iUNTY, FLORIDA, that: SECTION 1. This Resolution is adopted pursuant to the provisions of Chapter 153, Part II, Florida Stat~tes, Chapter 88-499, Laws of Florida, Section 125.01, Florida .3tatutes, and other applicable provisions of law. SECTION 2 ".. It is hereby found and determim.;i as follows: A. On October 10, 1995 le District Board cf the Collier County Water-Sewer District (the "District") adopted its . Resolution No. 95-583/Resolution No. CWS-95-7 ordering the construction of the sanitary ~ewer improvements described therein (the "Project") to be'-located along Royal Cove Drive, designating the area to be assessed for t}'e payment of the C03t of such sewer improvements as "Royal Cove Sewer Special Assessm~nt District" and directing the District's Engineers for this Proje':t (the "Consulting Engineer"), to prepare preliminary plans and specifications and an estimate of the cost of the Project and a tentative apportionment of such estimated cost as between the District and each lot or parcel of land to be assessed. B. The Consulting Engineer has prepared preliminary plans and specifications and an estimate of the cost of the project and a tentative aprortionment of such estimated cost as between the District and the properties to be assessed and has filed a copy of each in the office of the District Clerk. C. The construction of tl e Project as described in such plans and specifications at a ost in the amount ( f such estimate of cost is in the best interes . of and will promo'.e the health, welfare, convenience and safet of the citizens a:A inhabitants of the District; the assessments as set forth in such tentative apportionment are upon the properties to be specially benefited by the construction of the Project in proportion to '::he benefits to be derived therefrom; and it i just, equitable, fair and proper that such special benefits be letermined, prorate~ and levied on a front foot basis against. all ] Its and lands adjoining or contiguous or bounding or abutting upon the Project. SECTION 3. Such preliminary plans and specifications and estimate of the cost of the Project and tentative apportionment of e;uch estimated cost as betweei the District and e.lch lot or parcel of . land subject. to the assess] mts are hereby ap~ ,:,oved and the 28th of November, 1995 at 9:0l o'clock A.M. at the Board of County Commissioners' Meeting Room, Administration Building, Third Floor, Collier County Government Complex, 3301 East Tamiami Trail, Naples, Flor id'l, is her(~by f b;:d as the date, time and place at which the District Board will hear objections of the owners of the properties to be assessed, or other persons interested therein, to the confirmation of Resolution No. 9S-S83/Resolution No. CWS-95-7. The District Clerk shall keep a record in which shall be inscribed, at the request of any person, firm or corporation having or claiming to have any interest in any lot or parcel of land in the Royal Cove Sewer Special Assessment District, the name and post offic~ address of such person, firm or corporation, together with l brief descrip1:ion or designation of such lot or parcel, and the District Cler}c shall mail a copy of the notice of such hearing t) such person, f'.rm or corporation at such address at least ten (10) days prior t I the date of the h,aring as fixed above. The District Clerk sha.l also cause the n)tice of such hearing to be published one ti~e in the Naples Daily News, a newspaper published in Collier County and circula'r.ing in the District, not less than fifteen (15) days prior to said date of hearing. SECTION" .. Notice of suel\ hearing shall be in sUbstantially the following form: , lL')TICE Notice is hereby given tt~t the District Board of the Collier County Water-Sewer District, Collier County, Florida, will meet on November 28, 1995 at 9:00 o'clock A.M., at the BCHrd of County Commissioners' Meeting Room, Ajministration Building, Third Floor, County Government Complex, 33 LEast Tamiami Tra:.l, Naples, Florida, for the purpose of h, tring objections, it any, of all interested persons to the confirmation of Resolution No. 9S-583/Resolut~on No.'CWS-95-7 passed and adopted by such District Board on Octob?r 10, 1995, ordering the construction of the sanitary sewer improvements dE3cribed therein, to be known and designated as the "Royal Cove Sewer special AsseS'3ment District" (the "Project") to be""located along Royal Cove Dr ive and more particularly described as all those lands within Royal Cove as recorded in Plat Book 8, Page 13 of the Public Records of Collier County, Florida, and Royal Cove unit 2 as recorded in Plat Book 11, Pages 3 and 4 of the Public Records of Collier County, Florida, to be financed through special assessments against the properties to ~e specially benefited by such improvements. The propo;ed sanitary SE~wer improvements will consist of the construction of new pump station, new gravity sew~r lines from Cable Road to J.S. 41, install~tion of a sewage force main from the new pump station to connec: to the District's existing sewer facilities at u.s. 41/wiggins)ass Road intersection or u.s. 41/Imperial intersection, restoration of Royal Cove Drive and various driveways along Royal ~ove Drive and all Jther related appurtenances, as itemized in Exhibit "A" attached hereto and made a part hereof. Preliminary plans and specifications and an estimate of the cost of the Project and a tent ltive apportionment of such estimated cost as between the Jistrict and each :.ot or parcel of land to be assessed are on fi, a with the District Clerk at Room 513, Administration Building, Fifth Floor, County Government Complex, 3301 East Tamiami Trail, Naples, Florid..:, and are on file in the offices of the Collier County Public Work~; Division, ~astewater Depprtment, Health and Community Serv'ces Building (B~ilding "H"), 3301 East Tam ami Trail, Naples, Florida, and are open to the inspection of the public. Such interested persons . will be heard by the District Board as to the prcpriety and advisability Cj~ making said improvements, as to the amount of such cost to be ass3ssed against e~ch property so improved and as to any other relevant considerat~on; provided, however, all objections to t.he confirmatior of Resolution No. 95-583/Resolution No. CWS-95-7 on the ground that it contains item.~ which cannot be properly assessed against property, or that it is for any defect in the passage or character of the resolution or the plans or specifications or estimate, void or voidable in whole or in part, or that it exceeds the power of the District Board, shall be made in writing, in person or by an attorney, and filed with the District Clerk at or before the time or adjourned time of such hearing. Any objections against the making of any assessable improvement not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the confirmati.on of the rescllution shall be the final adjudication of the issues presented unlE!sf proper steps shall be taken in a court of competent jurisdicti( n to secure relief within 20 days from the date of the District Board's action on the adoption of the Resolution confirming the Board's Resolution No. 95-583/Resolution No. CWS-95-~'. Notice of the lien of the Special Assessments shall be recorded in the Official Records of Collier County. Any person who decides t appeal a decision of the Board will need a record of the proceed! gs pertaining thereto and therefore may need to ensure that aver atim record of the proceedings is made, which record includes tne testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY CO:.iMISSIONERS COLLIER COUNTY, FL,)RIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO '~~HE GOVERNING BOARD OF THE COLLl t:R COUNTY WATER-SEWER DISTRI~ BETTYE J. MATTHEWS, CHAIRMAN DWIGHT E. BROCK, D:CSTRICT CLERK BY: Is/ Maureen K.:myon Deputy CllJrk (SEAL) SECTION 5. The District Clerk is hereby orrtered and directed to spread this Resolution in =ull among the minu~es 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 ~day Of~) 1995, after motion, second and majority vote. .J.., ;~ ':;; .' " ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS " COLLIER COUNTY, FLORIDA, AS THE .:__ GOVERNING BODY OF COLLIER COUNTY,. AND AS EX-OFFICIO THE:~OVERNING BOARD OF THE COLLIER COUN~' WATER-SEWER ISTRICT 7.~~~5.:.~Q(, Approved as t~ form and legal sufficiency: ~~1Ur M~chael w. Pettit Assistant County Attorney . . l' ) , ) " ,.. :- '. .. ..: ",. , '. "1""'"