Resolution 1995-667/CWS 95-11
2003474 OR: 2128 PG 0541
RlCORDID in the OPPICIAL RlCOIDS of COLLIIR coum / PL
12/13/55 at 02:02PM DWIGHT i. BROCK, CLBRK
IBC m H.OO
COPIBS 9.00
Retn:
CLBRI TO THB Bom
INTBROPPICI 5TH PLOOR
BIT 7240
NOY 2 8 1995
RESOLUTION NO. 95-667
RESOLUTION NO. CWS-95-11
A RESOLUTION PERTAINING TO THE ROYAL COVE SEWER
SPECIAL ASSESSMENT DISTRICT IN THE COLLIER
COUNTY WATER-SEWER DISTRICT OF COLLIEH. COUNTY,
FLuRIDA; CONFIRMING THE BOARD' : RESOLUTION NO.
95"583/RESOLUTION NO. CWS-95-7, AS AMENDED BY
RESOLUTION NO. 95-666/RESOLUTION NO. CWS-95-10;
AP~ 'ROVING THE PLANS AND SPECIFICATIONS FOR THE
PRuJECT, THE ESTIMATE OF THE TOTAL PROJECT COSTS
AND THE TENTATIVE APPORTIONMENT OF COST;
ORDERING THE CONSTRUCTION OF THE SANI~ARY SEWER
1M' 'ROVEMENTS WITHIN THE ROYAL COVE SEWER SPECIAL
AS,.iESSMENT DISTRIC''' TO BE FINANCED WI' .'H SPECIAL
ASSESSMENTS AGAINS'i' THE BENEFITED PAR ~ELS OF
PROPERTY FOR SUCH ,MPROVEMENTSo
WHEREAS, the Board of Cmnty Commissioners of Collier County,
Florida, and as Ex-Officio t .e Governing Board If the Collier
county Water-Sewer District, (hereinafter referred to as the
"Board") on October 10, 1995 adopted Resolution No.
95-583/Resolution Noo CWS-95-7 initiating a pro Jram for the
purpose of providing a san it .ry sewer system wi ':hin Royal Cove;
and
WHEREAS, the Board on N IV ember 28, 1995, adopted Resolution
No. 95-666/ Resolution No. CWS-95-10, amending and superseding
Resolution No. 95-583/Resolution No. CWS-95-7, Lnitiating a
program for the purpose of providing a sanitary sewer system
within Royal Cove unit 2; aI I
WHEREAS, the Board adoI .ed Resolution No. 15-609/Resolution
No. CWS-95-8 fixing the date, time and place for a public hearing
on the tentative apportionment of cost roll, su~h public hearing
was held on to ,vember 28, 1995 at the Collier COllnty Government
Complex, Admi~istration Builcling, Third Floor, Commission
Chambers, Naples, Florida; and
WHEREAS, notice both by publication and by mail was duly had
and given as by law provided to the property OW'lers whose property
was to be included in the sp~cial assessment di~trict for the
November 28, 1995 public hea1oing.
NOW, THEREFORE, BE IT :lESOLVED BY THE BOARo, OF COUNTY
COMMISSIONER! OF COLLIER COl"NTY, FLORIDA, AS TI.r: GOVERNING BODY OF
............. ... \"J. \I..J.l. ""
NOV 2 8 1995
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERl :':NG BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, that:
SECTION ONE. The Board, having heard property owners and
other interested persons appearing before the Board as to the
propriety and advisability of making the sanitary sewer
improvements described in Resolution No. 95-583/Resolution No.
CWS-95-7, as amended by Resolution No. 95-666/Resolution No.
CWS-95-10, and as to the manner of payment of said cost by the
levy of spec.'al assessments against lots or parr:els of property to
be specially benefited by such improvements and having considered
any objections to said Resoll,tions and the Proj'~ct as described in
Exhibit "A" attached hereto ,"nd incorporated he: 'ein, on the ground
that it cont"ins items which cannot properly be assessed against
property, or that it is for, ny default or defe, t in the passage,
void or voidable in whole or in part, or that it exceeds the power
of the Board, hereby determines and resolves to proceed with the
Project for Royal Cove unit" only.
SECTION TWO. The cost I f the Project is el'timated to be
approximately $223,781. 25 wh ch shall be payabl,,, by the levy and
collection of the special aSl essments against the lots or parcels
of property within Royal Cove Unit 2 as recorded in Plat Book 11,
Pages 3 and 4 of the Public Records of Collier' :>unty, Florida.
Said lots or parcels of property shall be specie lly benefited by
the constructi on of the sani' 'try sewer improvem nts.
SECTION 'l'BREB. The spel lal assessments dee ::ribed in
Resolution No. 95-583/Resolutlon No. CWS-95-7 as amended by
Resolution No. 95-666/Resolution No. CWS-95-10,ihall be co-equal
with the lien ?f other taxes, superior to all ot'ler liens, titles
and claims, urtil paid. Suc~ assessments are found and determined
to be levied in direct proportion to the special and positive
benefits to be received by tho lots or parcels o'~ property listed
in the tentative apportionment of cost roll, att,\ched hereto as
Exhibit "B" and incorporated ilerein, from the acquisition and
-2-
.----,
. . - --.
WOV I.. d 1995
OR: 2128 PG: 0543
construction of the Project.
SECTION FOUR. The special assessments described in
Resolution No. 95-583/Resolution No. CWS-95-7, as amended by
Resolution No. 95-666/Resolution No. CWS-95-10, shall be levied
against all lots or parcels of property within Royal Cove unit 2
as recorded :,n Plat Book 11, Pages 3 and 4 of the Public Records
of Collier Crunty, Florida, and which are included within the
Royal Cove S~wer Special Assessment District.
The appnrtionment of costs of the Project will be based on
the front foutage of the pro! erties adjacent to the street
right-of-way or easement in 'hich the sewer con lection has been
made or will be made.
SECTION FIVE. All obje.:tions to the confi'1Tlation of
Resolution No. 95-583/Resolution No. CWS-95-7, as amended by
Resolution No. 95-666/Resolution No. CWS-95-10, on the ground that
it contains items which cannot be properly assE;Jsed against the
property, or that it is for lny default or defe,:t in the passage
or character of the resolut:.m or the plans or Jpecifications or
estimate of C)sts, void or \)idable in whole or in part, or that
it exceeds the power of the Board, shall be made in writing, in
person or by an attorney, and filed with the C~ ~rk at or before
the time or adjourned time of such hearing. Ar{ objections
against the IT \king of any a ;e~sable improvemeJ Cs not so made
shall be considered as waivl I, and if any objection shall be made
and overruled or shall not 1:.'3 sustained, the confirmation of the
resolution shall be the final adjudication of t.1e issues presented
until proper steps shall be taken in a court of competent
jurisdiction to secure relh'E within 20 days.
iICTION SIX. This Resolution is supplemer:al to Resolution
No. 95-583/Reaolution No. CWS-95-7, as amended oy Resolution no.
95-666/Resolution No. CWS-95-10, and such resolltions are ratified
and confirme~ in all respects.
~~ SEVEN. The CI~rk is hereby ordered and directed to
-3-
urt: ,l'b t'G; U::lqq
NOV 2 8 1995
spread this Resolution in full among the minutes of this meeting
for permanent record in his office and to record this Resolution
with all the Exhibits attached to this Resolution in the Official
Records of Collier County, Florida.
ilCTION BIGHT. This Resolution shall become effective
immediately' pon its passage.
This Re~olution adopted this
day of
/I~~,
.". ~
cJ!
1995, after notion, second and majority vote.
ATTEST:,
DWIGHT E~ BROCK, CLERK
BOARD OF COUNTY ~OMMISSIONERS .
COLLIER COUNTY, fLORIDA, AS THE:
GOVERNING BODY ')F~ COLLIER COUNT'{
AND AS EX-OFFIC :O';~THE GOVERNING.:
BOARD OF THE CO ILlER, COUNTY,';::'
WATER-SEWER DIS'RICT""II,,: J' 'I"""",'"
; ,
~f
~\\
BY: ," /
TTYE . ,M.A ','THEWS,
CHAIRMAN
Approved as to form and
legal sufficiency:
vJ j Lt~~_/ IA/ (J f2,l, ,~
Michael W. Pe~tit
Assistant COU:lty Attorney