Resolution 1995-583/CWS 95-7
RESOLUTION NO. 95- 583
RESOLUTION NO. CWS-95-L
A RESOLUTION INITIATING A PROGRAM FOR THE
PURPOSE OF PROVIDING A SANITARY SEWER SYSTEM
WITHIN ROYAL COVE AND ROYAL COVE UNIT 2;
DESIGNATING THE N~1E OF THE SPECIAL ASSESSMENT
DISTRICT; DESCRIBING THE AREA TO BE IMPROVED AND
PROVIDING THAT THE COST OF SUCH IMPROVEMENTS
SHALL BE PAID FROM ASSESSMENTS AGAINST BENEFITED
PROPERTIES; INSTRUCTING THE ENGINEERS FOR THE
PROJECT TO PREPARE THE PLANS AND SPECIFICATIONS,
ESTIMATE OF THE COSTS OF THE PROJECT AND A
TENTAI,~IVE ASSESSMENT ROLL.
WHEREAS, the Board of County Commissioners as the governing
body of Collier County and as Ex-Officio the Governing Board ot
the Collier County Water-Sewer District, has deteruined that the
creation of a special assessmen~: district and the ".evy and
collection of a sewer special a~;sessment is the be;t appropriate
means to provid~ a central sewe~ system to those p~operties within
Royal Cove and Royal Cove Unit ~.
NOW, THEREFORE, BE IT RESOiNED BY THE BOARD Of' COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOJ~D OF THE
COLLIER COUNTY WATER-SEWER DIS~UCT, that:
Section One. This Resolut Lon is adopted pur!.\.1ant to the
provisions of Chapter 153, Pari 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. The special assess~' nt district createc; shall be
Officially known as "Roya Cove Sewer specia' Assessment
District".
B. The special assessment district shall comprise all
those land; within Royal Cove as recorded in Plat Book 8,
Page 13 of the Public Re:::Lrds of Collier Cour.ty, Florida, and
Royal Cove Unit 2 as reco ded in Plat Book 11, Pages 3 and 4
of the Public Records of collier County, Flo;.ida.
C. It is necessary for the continued pres~rvation ot the
health, welfare, convenience and safety of the citizens and
inhabitants of Royal Cove and Royal Cove Unit 2 to provide
for the construction and reconstruction of the sanitary sewer
facilities to serve the properties within Royal Cove and
Royal Cove Unit 2. The description of the proposed sanitary
sewer improvements is the construction of new pump station,
new gravity sewer lines from Cable Road to U.S. 41,
installation of a sewage force main from the new pump station
to connect to the District's existing sewer facilities at
U.s. 41/WiJgins Pass Road intersection or U.s. 41/Imperial
intersection, restoration of Royal Cove Drive and various
driveways along Royal Cove Drive and all other related
appurtenances (the "Projec~").
D. The cost of the Proj ;!ct shall be payabll by the levy
and collection of special assessments against the properties
benefiting from the projec .:. Such cost, in a.ldition to the
specific items contained in such plans and specifications may
be deemed to include, but not limited to, le~al services,
engineering costs, acquisition costs, administrative
expenses, and financing cc ItS.
Section Three. Construct5'm of such assessakle improvements
constituting th~ Project is heIJby ordered pursuant to the
provisions of Chapter 153, Part II, Florida statutes, Chapter
88-499, Laws of Florida, and other applicable pro'~sions of law.
Section Four. The Board does hereby direct t~e Engineer for
the Project to p1:'epare in dupl::ate the preliminaT , plans,
specifications and cost estimai l~S for the improven..mts
constituting the Project. The Hoard also hereby directs the
Engineer for the Project to prepare in duplicate t~le Tentative
Apportionment 0) Cost Roll, which roll shall conta :.n:
A. The c.escription of t.he lots and parcels of real
property within the Unit Which will benefit f~'om such
assessable improvements and the estimated amo.,&nt of benefits
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to each such lot or parcel of property, provided such lots
and parcels shall include the property of the county, and any
school district, special district, or political subdivision.
B. The name and address of the owner of record of each lot
and parcel as shown on the current County Tax Rolls.
C. The total estimated cost of the project to each
benefited lot or parcel.
D. The ~ethod of assessment utilized in determining the
cost of the project to be assessed to property owners,
including ,my formulas for dealing with specially benefited
lots or parcels of property.
One set of the duplicates ?f each of the preliminary plans,
specifications, cost estimate c.~ the project and Tlntative
Apportionment of Cost Roll shall be filed with the Clerk and be
open to the inEpection of the public.
Section F:lve. After compbltion of the projec~ and within
sixty (60) days after confirmation of the assessments, any
assessment may be paid at the office of the Clerk without
interest. Therp-after all asser.sments shall be pa~:able in equal
annual installments, with an ii, terest rate and im:. tallment period
to be established upon complet.on of the construc~:ion of the
improvements, OIl the unpaid baLances from the expiration of said
sixty (60) days; provided, however, any assessment may be paid at
any time before due, together with interest accruc.'d thereon to the
date of payment. Such assessmnnts shall be levied. based on the
front footage c \~ each lot or I ,reel of property "..thin the Royal
Cove and Royal Cove Unit 2 Se", 'Or special Assessme:\t District, or
lots or parcels of property ottlerwise specially benefited thereby
and designated on the assessment roll.
Section S;~. After the sixty (60) day period referenced in
section 5, the assessments as finally determined and confirmed
shall be payable at the off ice of the Tax Collect',r of collier
county at the Slme time as the ad valorem taxes o.;~ such County are
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collected, and all assessments shall constitute a lien upon the
properties so assessed, of the same nature and to the same extent
as the lien thereon for county ad valorem taxes falling due in the
same year or years in which such assessments or installments
thereof fall due. As an alternative to the foregoing, the County
may contract with the Property Appraiser and Tax Collector to
include the spe.:ial assessments on the ad valorem tax bills
pursuant to section 197.3632, Florida statutes.
Section Se~. The Clerk is hereby ordered and directed to
spread this Resolution in full among the minutes of this meeting
for permanent record in his off;.ce.
Section Eiaht. This Resol1ltion shall become!ffective
immediately upon its passage.
This Resolution adopted th~s ~day of ~~~
1995)l,.a~~er motion, second and lnajority vote. ,.;;;:11111/11,
~TTEST: BOARD OF COUNTY COMMISSIONERS '>'"
. DWIGHT E~. BRO~, CLERK COLLIER COUNTY, Fl,~RIDA, AND
AS EX-OFFICIO THE ,':;OVERNING
BOARD OF THE COLL~ER COUNTY
WATER-SEWER DISTR1.,:<r
".
Approved as to torm and
legal sufficiency:
LY//J~~Jl t.-/ f v#-
Michael W. Pettit
Assistant County Attorney
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