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Ordinance 96-27 ORDZ)iX~B NO. ~6- 27 INXNCE PROVIDINg I PROCEDURE FOR CONFIRI(XTI~N OF-~ PECIXL ASSESSM~ FOR THE ROX~ CO~ 2~1~ ',~ SHE~ DIBTRICT~ PROVIDIN~ FOR X HE~O~ OF~ 'k.~ C CTION, FI~CIN~ ~ ~ORC~ OF ~ ~OY~COVE "'~LZOZ~ CI~ AEBEBBME~; PROVIDIN~ FOR CO~LI~~ ~W8 ~ ORDIN~CEB; ~ )ROVIDIN3 ~ XFFE~IV~ D~, ~E~S, the Board of Count~ Co~issioners, ~s the Body o~ Collier County ~nd as Ex-O~icio the Ccvern~n~ 5o~rd the Collier C~unt~ Water-Sewer District de~e~ined on ~ovember 28, 1995 pursuant to Chapter 15~, Part II, Florida Statutes, Chapter 88-499, ~ws o~ Florida, Section 125.01, Florida Statutes and other applicable provisions o~ law, that the creation o~ a special assessment district to be kno~ as the '~cyal Cove Special ~ssessment District" was the best appropriate means to provide a central sewer system to those properties w~thin that su~iv~sion known as ~cy~l Cove Unit 2; ~E~S, the 5card o~ County Cc~issioners h~s dete~ined that, in those cases where ~oyal Cove Special ~ssessment District property owners must ~in~nce the p~ent o~ the special assessment, the cost o~ the special Assessment w~ll ~e less burdensome ~nd also lower to the property owner i~ collected ~y the Collier County Dep~rtment of ~evenue in equal m~nthly inst~llments by placement on the w~ter and sewer bill ~or the ~ssessed property; and, ~ER~S, the Board of County Co~issioners finds that it is in the public interest to provide for a less burdensome and lower cost means of collecting the special assessment for properties in the Royal Cove Special Assessment Distric~ ~han provided by the uniform method through the Offices of the Property Appraiser and Tax Collec=or; and, ~ER~S, Section 17 of Chapter 88-499, Laws of Florida, e~ressly authorizes the Board of County Co~issioners as the Governing Board of the Collier County Water-Sewer District to use any of the methods and procedures set forth in Par~ II of Chapter 153, Chapter 170, Chapter 173, or Section 197.363, Florida Statutes, or any combination thereof to le~, collect and 1 enforce special assessments and to adopt its ova method of procedures for the levy, collection and enforcement of special assessments, NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that= SECTION 1. PROCEDURES FOR CONFIRMATION OF SPECIAL ASSESSMENT. The procedures for confirmation of the special assessments for properties in the Royal Cove Special Assessment District shall be those procedures set forth in Section 153.73(8)-(10) of Chapter 153, Part II, Florida Statutes appearing as Appendix A to this Ordinance, which is attached to and incorporated in this Ordinance by reference. In addition, immediately following confirmation a duplicate of the assessment roll shall also be delivered to.the Collier County Department of Revenue. SECTION 2. METHOD OF COLLECTION, FINANCING AND ENFORCEMENT. Notwithstanding anything to the contrary in any prior resolution of the Board of County Commissioners concerning the Royal Cove sewer project, the creation of the Royal Cove Special Assessment District, or the intent to use the uniform method of collecting assessments for the Royal Cove Special Assessment District, the following method of collection, financing and enforcement of the special assessments in the Royal Cove Special Assessment District shall be employed: 1. Any special assessment may be paid in full at the Collier County Department of Revenue within 60 days after the confirmation thereof, without interest. 2. Any special assessment not paid in full within 60 days after the confirmation of the special assessment shall be payable in equal monthly installments over a period of 20 years from the date the first such installment is due. Each such monthly installment shall bear an interest rate charge which is representative of the County's cost of funds, including all expenses or costs incidental to obtaining or providing same, if any. The interest rate charged shall not exceed eight 2 percent per annum from the date of confirmation of the special assessment. The Board shall approve a specific source of funds to be used relative to providing extended payment and the cost of such funds, including a reasonable estimation or description of the administrative costs or expenses associated with administer- ing the extended payment. Any such special assessment, together with all accrued interest, may be paid in full at any time during the 20 year period. 3. The amount of each monthly installment payment for the special assessment shall be placed on the monthly water and sewer bill for the assessed property and shall ba paid on the same date payment for the monthly water and saver bill ie due. Failure to pay the monthly special assessment installment may result in discontinuance of water and saver service to the assessed property. In the event that water and sewer service is discontinued for nonpayment of the monthly installment for the special assessment, service will ba reinstated upon prompt payment of all unpaid installments plus a $20.00 service fee for reinstatement. 4. All assessments shall also constitute a lien upon the property so assessed from the data of confirmation of the assessment with such lien to ba of the same nature and the extent as the lien for general county taxes falling due in the same year or years in which such assessments or installments thereof fall due, and any assessment or installment not paid when due shall also ba collectibis with such interest and with a reasonable attornay's faa and costs, without penalties, by the Collier County Water-Sewer District by proceedings in a court of equity to foreclose the lien of assessments as a lien for mortgages is or may ba foreclosed under the laws of the stata~ provided that any such proceedings to foreclose shall embrace all installments of principal remaining unpaid with accrued interest thereon, which installments shall, by virtue of the institution of such proceedings, immediately become due and payable. 5. If prior to any sale of the property under dacraa of foreclosure in proceedings to collect an installment or installments of the special assessment, payment ba made of the 3 installment or installments which are shown to be due under the provisions of the resolution confirming the special assessment, and all costs including interests and attornsy's fees, such payment shall have the effect of restoring the remaining installments to their original maturities and the proceedings shall be dismissed. 6. The remedies stated in this Ordinance for nonpayment of the special assessment or any installment thereof, discontinuance of water and sewer service and foreclosure, are cumulative and not exclusive. SECTION 3. CONFLICT AND SEVEILI~BILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 4. INCLUSION IN THI CODI OF LAWS AND ORDINANCES, The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinancee may be changed to 'sectione, "article", or any other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this -~day of ~?//~-, 1996. 'ATTEST: "" :t BOARD OF COUNTY COMMISSIONERS : / ' I...."]~ "/ . orris, Chairman · . "' ~pproVea."&~.. to form and This ora;,~¢e ,,:~4 w;th · .,, . ' : Secreta~ of S,~te's Office the J/~ dcy of .a~__7~_/~, ond ocknew!ea~omcn$ o~ ~o~ Michael W. Pettit fua,~ ,eceiv(d ~hix ~?-~ Assistant County Attorney o~_~ /~)~ APPENDIX A Section 153.79, Fla. Stat. (8) Promptly after the completion of the work, the engineer for the district, who is hereby designated as the official of the district to make the preliminary assessment of benefits from assessable improvements, shall prepare a preliminary assessment roll and file the same with the district clerk which roll shall contain the following: (a) A description of abutting lots and parcels of land or lands within the district which will benefit from such assessable improvements and the amount of such benefits to each such lot or parcel of land. Such lots and parcels shall include the property of the county and any school district or other political subdivision. · There shall also be given the name of the owner of record of each lot or parcel where practicable, and in all cases there shall be given a statement of the number of feet of property so abutting, which number of feet shall be known as the frontage. (b) . The total cost of the improvement and the amount of incidental expense. (9) The preliminary roll shall be advisory only and shall be subject to the action of the district board as hereinafier provided. Upon the filing with the district clerk of the preliminary assessment roll, the district clerk shall publish at least once in a newspaper published in the county, and circulating in the district, or if there be no such newspaper, post in the manner provided in S. 153.56, a notice stating that at a meeting of the district board to be held on a certain day and hour, not less than ! 5 days from the date of such publication or posting, which meeting may be a regular, adjourned or special meeting, all interested persons may appear and file written objections to the contirmation of such roll. Such notice shall state the class of the assessable improvements and the location thereof by terminal points and route. (10) At the time and place stated in such notice, the district board shall meet and receive the objections in writing of all interested persons as stated in such notice. The district board may adjourn the hearing from time to time. After the completion thereof, the district board shall either annul or sustain or modify in whole or in part the preliminary assessment as indicated on such roll, either by confirming the preliminary assessment against any or all lots or parcels described therein or by canceling, increasing, or reducing the same, according to the special benefits which the district board decided each such lot or parcel has received or will receive on account of such improvement. If any property which may be chargeable under this section shall have been omitted from the preliminary roll or if the preliminary assessment shall not have been made against it, the board may place on such roll an apportionment of such property. The district board shall not confirm any assessment in excess of the special benefits to the pwpeny assessed, and the assessments so confirmed shall be in proportion to the special benefits. Forthwith after such confirmation, such assessment roll shall be delivered to the district clerk. The assessment so made shall be final and conclusive as to each lot or parcel assessed unless proper steps be taken within 30 days in a court of competent jurisdiction to secure relief. If the assessment against any property shall be sustained or reduced or abated by the court, the district clerk shall note that fact on the assessment roll opposite the description of the property affected thereby. The amount of the special assessment against any lot or parcel which may be reduced or abated by the court, unless the assessment upon the entire district be reduced or abeted, or the amount by which such assessment is so reduced, may by resolution of the district board be made chargeable against the district at large; or, at the discretion of the district board, a new assessment roll may be prepared and confirmed in the manner hereinabove provided for the pre,oaration and confirmation of the original assessment roll. STATE OF FLORIDA) · COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 96-27 Which was adopted by the Board of County Commissioners on the 28th day of May, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of May, 1996. DWIGHT E. BROCK · Clerk of Courts ana Cl~rk ' -. Ex-officio to BoardL' of County CommissionerS.- .. -...'.~. Deputy Clerk o]] ""