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Ordinance 95-44 JIll I995 ORDINANCE NO. 95- 44 , ~ of Cerk AN ORDINANC~ A/~ENDING ORDINANCE NO. na~ R~ZSING SE~ON I AS ~0 ~E ~SE OF ~( ~ DISlikE ADDING E~ZON 5 ~ZDZNG m ** DEFINITIONS; ADDING SE~ION 6 PROVIDING ~ PROCED~ FOR ~E L~ ~D ~E~ION OF ~E ~, SPECIAL ASS~SM~S~ ADDING SE~ION 7 ~ PROVIDING FOR ~E IS~AN~ OF ~NDS; ADDIN~ C- SE~ION 8 ~OVIDING TAXING ~ N~ PLEDGE~; ADDING SE~ION 9 ~IDING FOR ~E ~DS~ ~ ADDING SE~ION 10 ~DING FOR ~E R~IE~ OF BONDHO~$ ~DING DR ~ FIN~CING~F ~E T~AL ~ CO~S; ~IDING FOR ~ CON~I~ ~ B~IM~ ~DING FOR INFUSION IN ~E ~DE OF ~WS ~ ORDIN~CES; PROVIDING ~ ~ DA~. ~{~S, the Board of C~nty C~lssioners on July 29, 1986, adop=ed Ordinance No. 86-37 ~ea~ing the Naples Park Area ~atnage lmprov~msn~ Hunttips1 Semite Tsxl~ and Senslit Unt~I and ~[~S, the Sosrd of C~y C~isetoners has found ~ha~ the design, cons~ction and fl~nal~ of the drainage tmpr~en~s as reckended in the prellmlDa~ e~i~eert.g s=udy is in the bes~ interest of the residents of ~e Naples Park ~ea ~atnage Improvemen~ Huntcipal Se~ice Taxl~ a~ Benefit Unit; and ~i~s, the Board of C~=y C~issioners has de=e~ined tha~ Ordinance No. 86-37 be ame~ ~o ~tde for the assessmenU of the beneflted prOXies f~ ~e ~1 ~oJe~ costs, including ~ not limited =o the death, ~s~l~, and financing of ~he tmprovaments to be cons~ for ~e ditch enclosures in the vicini~ of 91s~/92~d Avers a~ 8~ Street. NOW, TH~EFORE, BE IT O~A~ BY ~E ~ OF ~ CO~ISSIONERS OF COLLIR ~, ~RIDA, thats SE~IOfi ONE. ~eadments te le~tioa X ~f Collier Count~ Ordinance ~o. Section I of Collier C~n~y ~dinance No. 86-37 is here~ amended to read as follmz Section 1. ~ea~ion, B~ndaries, ~ses. The Naples Park Area ~ainage I~rovemsnt Hunictpal Service Taxing and Benefit Unit (the "Unit") Is hereby crea~ed, gith ~undarles des~l~ as foll~s: .1 Words ~ are added~ words ~~ are deleted. Sew Exhibit The Unit hereby created and established is ~or the purpose of providing a preliminary engineering study& ~lt%~-~h~--~4 for the construction Or reconstruction of the assessable imurovements which shall include. but is not limited to. the costs for enaineerinq desion. construction. financina. and land acauisition. and to do all things reasonably necessary in connection therewith and for the purpose of exercising those powers authorized by Chapter 125, Florida Statutes, and other applicable laws. SECTION TWO. ~ddition of Section S to Collier Count~ Ordinance No. 11-37e Section 5 shall be added to Collier County Ordinance No. 86-37 and said Section shall read ss lolloyez Section 5. DefinitiQ~s The follovinavords and terms shall have the meaninns. unless some other meanin~ is plainly intended: "Approvin~ Resolution" shall mean the resolution described herein which shall aDorove the plans, soecifications. estimated COsts and Tentative Assessment Roll and shall confirm or deny the Initial Resolution. "Assessable rm~rovememts" shall mean that portion mortions of immrovements of s local nature and benefit to the premises or lands served thereby_, "Assessment Bonds" shall mean bonds or other oblicatig~ secured by and Dayable from Pledaed Revenues. "Assessment Roll" shall mean the assessment roll as aDDroved by the tins1 ReeOlgtion. "Board" shall mean the Board of County Commissioners Collier County. ~lorida. "Clerk" shall mean the Clerk of the Circuit Court and ex officio Clerk or the Board of County Commissioners. 2 Words underlined are added; w~s =tr==~ '~ ...... are deleted. "Cost" or "Costss as s~lied to the acouisition and construction of any improvements authorized by the Board shall include the cost of construction or reconstruction, acauisition or ~urchase. the cost of all labor. materials. machinery and eaui~ment. coat of all lands and interest therein. ~roDertv riohts. easements and franchises o~ any nature whatsoever. financina charaes. interest OriOr tO and durina construction and for not more than seven years a~ter com~letion of the construction or acauisition of such improvements. the creation of initial reserve or debt service funds, bond discount. coat of olsns and soe~ifications. cost of construction Dlans. surveys and estimates of costs ann revenues. cost o~ enaineerina. financial and leaal services. and all other e~Denses necessary or incidental in determinina the feasibility or practicability o~ such construction. reconstruction or acouisition.costs of issuance of the assessment bends. administrativ- expenses and such other expenses as may be necessary or incidental to financina authorized by this ordinance: and includina reimbursement of the County or any ocher person. firm or corporation ~or any monevs advanced to ~he Unit for any expenses incurred by the Unit or County in connection with any o~ the ~oreaoina items of cost, or the creation or the Unit, "Diettier' shall mean the Naples Park Area Drainaqe ZmDrovements t~eelal Assessment District. "Final Resolution~ shall mean the resolution described herein which shall a~rove the Assessment Roll. 'Znitial ResolutionN shall mean the resolution describe~ herein vhich shall be the initial Proceedins for lewina and imposiris Special Assessments. "Holes" shall mean riotam issued tot the financina of the 3 Words underlined are added~ words eeeeeh-4hee~h are deleted. oFo~ec~ costs. "Plans and Smecificationsw shall mean preliminary dravinas and suecifica~ions which shall ahoy the location, size, na~gre of the imurovements and a descri~tion or the kind and aMentitles of ma~or material items. 'Pledged Revenues' !hall meaq (el the ~roceeds o~ the Bonds, includina inyostment earniqqs, (bl proceeds of the Special Assessments as s~i~i~d ~ the Resolution authorizina ~hs Bonds. $~ re1 s~ ~hsr non-ad valorn revenues or ~h~ l~allv availshis moneys Diedeed ~ the C~ntv under the Rss91uti~n authffizina the Bonds, "trsliminaffXssss~snt Eolls shall mean the Drslimina~ assessment ~o11DrsDsr~ ~ the Enainssr as des~ibed heroin, "S~ecJsl Xsses~entss shall mean the total am~nt o~ the ~ien to h levi~ in scardance vith this Ordinance and ~theE a~licabts ~isi~s o~ lay on the benerited ~ro~e~tiss within the ffaotss Perk Xrsa ~ainaae ZmDrov~en~s S~etal Assesmerit Distri~. "8~e~ial Xssesm6~ Dis~rtot~ shall mean the area descried as ~s Naolss Perk Area ~ainaas ZmDr~ysmsnts SDeciat Xssssnsnt Oistri~. "Tentative Xssssm6~ Rolls shall mean the tentative assessment roll predated ~ the Enainesr as described heroin. "Unit" shall mean the Nsolss Park Area Drainads ~mDroyeme~t ~nicioal Ss~ics Taxirid and Benefit Unit c~Wated ~ ~dinsncs ~o. S6-3~. as amended. "V~it Resolutions shall mean the resolution described he~eiq vhich shall establish the special assessment dist~ict, OE~Z0N ~SS. ~ddition of Section S to Collisz County 0rdinancs 4 Words Vnderlined are add~ vords~ are deleted. No. Sl-37. Sac=ion 6 shall be added to Collier County Ordinance rio. 86-37 and said Section shall read as gollows~ Sac=ion 6. Procedure for the Law and Collection of the SoectaZ Assessments. The district may ~rovide for the construction or reconstruction o~ assessable improvements as defined herein and for the lewina of Special Assessments uoon the banefired Drooerties for the Davm~nt thereof, under the Drovisions of ~his section. 1. The ~rocedure for creatina the S~eoial Assessment District and adoption o~ the Unit Resolution ie as followsz ~al There is hereby authorized the creation and establishment by subeeauent resolution of the Board under the authority of Section 125,01. Florida Statutes. ~he creation of the Wanlea Park Area Drainage Improvements Special Assessment District. (b) The Clerk shall publish. in a news;a;er of ~e~e~al circulation. published and circulatina in the CountY, a notice etafine that at a meetina of the Board On a certain day and hour. not earlier than 15 calendar days from such publication ~excludin; Saturdays, Sundays ~nd leqal holidays1, which meeting may be a reaular. adjourned or s~eolal seefine, the Board will hear objections of all interested ~ersons to the establishment of the Naples Park Area Assessment District and will consider the adoption of the Unit Resolution creatin~ such District. Such notice shall also describe the area to be encompassed by the proposed District, the nature of the Pro~ec~ to be constructed or acquired within such District. the procedure of ob~ec~inq and such other informa~aon as the Board deems appropriate =o include in such notice. In addi=ion to 5 ~/ords underlined are added7 words eq~-aek-e~e~h are deleted, the published notice described above, the Clerk shall mail a copy of such qOtice bv firs~ class mail to ea~ p~oDe~tv ~er in the otO~osed District. No~ice shall ~ mailed. a~ least 15 Calendar days D~ior hea~ina. to each D~e~v ~e~ at such address as is sh~ on the Tax Ro~lS, Notice shall ~ deemed mailed upon delive~ thereo~ to the ~ssession Postal Se~i;e. ~e ~ailu~e o~ the C~erk to mail such notice shall no~ constitute a valid ob~e~ion to holdins the hea~ina ~ the ad~iVn o~ the Unit Resolution as provided herein, {cl All ob~e~i~s to ~he ado~ion o~ the Unt~ Resolution ~eati~ the asses~ent District shall made in ~itiM. aM [ile wi~h the Clerk at or before ~he time or adt~m~ time o[ ~ch hearins. UPOn ~onsideration o[ the o~e~ions and the Unit Resolution. the Board shall consider the Unit Resolution with such amendments as it dens a~riate or necessa~. adoption of the Unit Resolution shall ~ the final adjudication o[ the isles eresent~ there~ unless proper SteDS Shall h initiatM in a c~ o[ c~Detent Jurisdi~ion ~o sere Tells[ within 20 dave [r~ the date or Board a~i~ ~ the ~it Resolution. (d) A~ in[o~alitv ~ iff~laritv in the proceedincs in conne~ion with the ~eation of the ASsessment Distri~ unaer the ur~isions o[ this Ordinance shall n~ a[[e~ the validity thereof and such District shall ~ dee~ to h valid in all respects Unless it h clearIv sh~ that the Da~v obtectina the validity thereo[ was eteriallv in~ured ~ the creation of such Distri~. 2. The procedure rot the lew and Da~ent of the Special Assessments is as [ollss: 6 Words underlined are addS; ~s ~ are deleted. (el The iqittal ufoceedina shall be the passsac by the Board of an Znitial Resolution orderins the accuisitton, construction or reconstruction o~ assessable imorovements constitutina an individual Pro~ect. in~icatina. in aerietel, the location fthe location may_be established bv reference to boundaries or a mad or bv retere--e to the Untt~ and descrtotton og suc~ imoroyements. vh h shall be sufficient to enable the Enaineer to ~reuare the ulans and specifications of such imurovements as described herel~,, The Znitial Resolution shall also s~ete the DO~tioR, if any. of the Pro~sct to be eaid by th~ C~unt~. the estimated costs of the oro~ect. if available. and the =ethod of aseessment ~hich ~av be by frontsac, ecres~e. senJars footass. oarcel or any other co~bination thereof or any other ~ethod deemed e~uiteble by the Board. The ~nitial Resolution may D~ovide for alternative iEroyements and method of assesement. Th~ lmorovements constitu~in~ the Pro~ect need no~ be contieuous and may be in more than one locality or street, The Initial Resolution orderins any such imorovement mav aive any short end convenient dest~na~ion to each imnrovemsnt ordered thereby. The Initial Resolution may be adopted at the same meetino ot the Board at vhich the Unit Resolution is adooted. (hi As soon as Possible after the oassade of the Initial Resolution. the Znoineer shall oreoare. or cause to be oreDared, in triofleets, clans. soecifications and cost estimates for the improvements constttutina the Pro~ect, The olans end s~eeificatione need only be iR sufficient ton to enable the Enutneer to estimate the costs Of the nro4ect and PreDate · feetafire Assessmept Roll based uvon the totaZ oro~ect cost. If the Initial Besolution shall orovide alternative improvements or Horde underlined are added; uordsl~'~x--t~-~hare deleted. method of asaeasment,.such DIana. specifications and cost estimates ahatl tnctude an estimate of the costs of each such alternative. [c1 ~he Enaineer shall also predate. or cause to be oreDaTed, in triplicate. the ~entative Assessment Ro11. which shall contain a description of the lots and parcels of real DryDeity within the District which benefit from such assessable improvements and the estimate amount of benefits to each such lot or parcel of property, ~ovided such 1~ and ~arcels shall ~nclude the Br~e~v a( ~he d~ntY- and a~ d[mtr~ct. m~ec~al d[mtr[~. ~n~cJDal~tv or Dol~t~cat mu~v~s~on~ the name o~ the ~er o~ reco~ ~f each and oareel as sh~ on the ?ax Ralls~ the total estimated Cost of the ~o~s~ to each hnafited lot or Dares1: and the meth~ ~ alte~ativa meth~ g~ assesseat utilized ~n dste~inina the cost of the ~o~e~ to h assess~ to ~e~v ~ers, ~ncludinq fo~las f~ deali~ with ~mlar lots and aqy assu~tions of dash of the l~s, Such ~entattv* Assessment Roll shall n~ h held to limit or restrict the duties of the ~ainss~ in the o~eoa~ation of the ~elimina~ Xsses~ent Roll under the or~is~ons of Ordinance, (d) One of the triplicates of such plans, soecificatJons, cost estimates and the ~entatly* Assessment Roll shall h fil~ with the Clerk, one shall h filed w[th the County X~n{etratOr O~ his Oesiqne~ and the other triplicate shall h ~etained ~ th~ Enoineer ~n his files, all of which shall remain o~en Dublie (el ~e Clerk, upon the (ilinq o~ such plans. soecificatJons. c~t esti~tes and ~entat[ye Assessment Wo~ds~ are addad~ words~ are deleted, Ro11, shall publish once in a newspaper of senera1 circulation, ~ublished and circularins in the County, a notice starins that at a meetins of the Board on a certain day and hour, not earlier than 15 calendar days from such ~ubZication [excludina Saturdays. Sundays and leaal holidays1. which meetins shall be a reaular, adtou~ned or special meetins. the Board viII hear ob~ections of all interested persons to the ^DDrovina Resolution which shatl a~Drove the aforementioned plans, sDecificOtion~. colt estimates and Tentative Assessment Roll. Such notice ehe11 crate in brief and aerietel terms a description of the $~licabls Pro~ect with the location thereof (location may bs established by Eersre~s to boundaries or s msu or by rsfsrsncs to the Untt~: the ~rocsdurs for ob~ec~ina ~rovidsd in this ordina~csr that ~lsns. s~s~i~ications. cost estimates a~d the Tentstirs ~ssssssent Roll, ~ich shall include the method or methods o~ assessmsnt. are on file with ~ Clerk and the County Administrator or his Desianee a~d all interested uersons may sscer~cain the amount to be assessed aaainst s lot or ~arcsl of Drooer~v at ths o~rice of the Clsrkr snd in the event the alternative method of collection or S~oisl ~sssssmsnts. as d~sC~ib~d herein. is utilized by the County. that such method may result in the ~otsntial loss of title to ~roDer~v Which is assessed in the svsnt of non-~a~ment O~ ~bs S~scial Asssss~snts~ ~rovidsd ho~evsr. ths notice described hersin may bsaivsn at such other time ss ~hs Board deems a~roDriateo ~n addition to ths ~ublished ~tics descrt~ above, ths Clerk shsll msil a co~v of the notice bv first class mail to each ~ro~erty ovne~ ~ro~os~ to be assessed, Notice e~all be m~il~d at least 15 calendar days ~rior to ths hearins to each 9 Words M~ars added~ vords Ws~-e~ars deleted, Droparty ovner at such address as is shown on the Tax Rolls. Notice shall be deemed mailed upon delivery thereof to the Dossession o~ the U,$- Poets! Service, · he failure of the Clec~ to mail such notice shall constitute a valid objection to holdins the hearind provided in this Ordinance or to any other action taken under the autho:tCy of th~s Ordinance. The Clerk may provide DrOOl Of such notice by affidavit, (f~ ~t the time named in such notice, or ~o vhich an adjournment m~vbe taken by the Board, the Board shall receive any ob~ectione of indiEssled oarsons and may then or thereafter adoVt the AVorovina Resolution vhich shall a_eer6ve the aforemeneloned olans, soecifications. east estimates and Tentative Assessment Roll, includina method oe assesxmeq~, vith such amendments as it deems ~ust and riaht: reveal or conrim the Initial Resolution vith such amendments, if any, as may be deemed avvrovriate by the Board: and.if notice described heroin has been orovided to the Drovetry ovnerW, authorize or re4ect the alternative.~ethod of COlloCI:ion of Soecial Assessments as described heroin, 2Racial Assessments shall be levied aoainst all Drovetry in the aoolicable Unit soe~iallv bonefiled by the im~rovements- Zn the event the Board established alternative improvement o~methods of assessment in the Initial Resolution, the Board shall orovide.in the Aceravine Resolution the descriotion of imvrovement..ODd method of assessment which shall be utilized, iq) All ob4ectione to the Ao~rovina ~esolutioD shall be made in writins, and filed with the Clerk at before the time or ad4ourned time of such hearinq, Svecial Assoasments shall be established uvon ~f the ADDravine Resolution, The adoorion of the 10 gords underlined are added~ words se~uek-t~x~h are deleted, ADorovtna Resolution shall be the final adjudication o[ the issues Dressriled (ineludina. but not limited to. the method of assessment, the Tentative Assessment Roll. the otans and smecificatio~s. the estimated cost of the Pro~ect. the le~ and lien of the Special Assessments. the interest rate the Special Assessments shall bear. and the terms or orepayments or the Special AssessmentSt unless proper sleds shall be initiated in a court competent ~urisd[ction to secure relief v[thin 20 days ~cm the date or Board act[on on the Resolution. h, *ca of the lien of the Soecial ~ssessmsn~s shall be recorded in the Official Rscords ~ook in the office of the Clerk. Such notice shall Drovide in ochers1 the locations o~ the property vhich are assessed and direct interest oarties to the ~entattve Assessment Roll. upon aPProval thereo~. The Tenta~ive Assessment Roll. as atu~roved by the ~esol~on. shall be delivered to. and ~eot by. the Cler~ or such other official as the BOard, bY resolution. deems aooroDriate. (hl Whenever the X~rovina Resolution shall hayW been adooted. ae hereinshore ~rovided. or at any time thereafter. the Board may issue Bonds. the Drink[pal and interest o~ vhich shall be movable ~rom such Pledded Reyenues as the Board desms aooro_oriate in the resolution authorizina the issuance or Bonds. Said 8Grids shall mature not later than tvo years after th last installment in vhich said S~ecial Assessments may beDaid. and shall bear interest at a rate not exceed[no the maximum rate ~rovided by law. Zn addition. the ]~oard may issue Notes. the ~cincipal and interest of ~hich may be Dayable from the oroceeds of the Bonds. the D~oceeds of the S~eelal Assessments. the or~ceeds Words ~ are added~ words :~r~:~ ........ are deleted, fietee and such other leaally available meneve os the Board deems a~Drooriate, Said NQ~es shall mature within five veers of their issuance and shall boar interest at a rate not e~ceedina the ~a~imUm rate provided bv law, The Board may issue Bonds to repay the r~otes, The Proceeds of the Bonds and Wotes. unless othe~lse used to refund Bonds or Notes. shall be used to Day the costs of the Pro~ecto (Zl Within such ~e=tod of time after the completion of the acquisition or constr~ction D=o~ect as may b~ directed by the County Administrator [but in no event mor~ than six months after such completion of th~ Pro~ec~l, the Znainser shall prepare the Preliminary Assessment Roll and file thl lame with the Clerk and the County Administrator or his Deslanes, which Roll shall contain the follovinq| 11 A descri~ion of lots and parcels land within the District which will benefit from such assessable improvements constttuttna the l~ro~ect and the.a~ount of such benefits to each such or land, Such lots and parcels shall include ~he property of the County and any school district. municipality. s~ecial district or other political subdivision, There shall also be aiven the ~ams of the owner of record of each lot or parcel as shown 2~ The total cost of the improvement to each bonafired lot or ~arcel, 31 The method of assessment utilized iq de~erminina the cost of im~r~yemente to be assessed to property owners, ineludin~ any formulas for dealtnq wi~h ir=eaular lots, and any assumptions of depth lots, 12 Words underlined are added~ words ~ are deleted, 41 ~he Prelimina~ Assessment Roll shall be advisory only and Ihall be subject to the action o~ the Board as hereinafte~ provided. SubseeuenC Co ~he filina vith the clerk of the Preliminary Assessment Roll, the Clerk shall publish at least once in a nevsDaDer of ceneral circulation. published and circulatina in the County. a notice statina that at a meeting of the Boardto be held on a certain day and hour, not earlier than 15 calendar days from ~ubltcation (excludina Saturdays, Sundays and 1eta1 holidays1, vhtch meetthe may be a reaular. adtourned or soecial beltinn, sll interested persons may aoDear and file witten obtectlons to the aoDr0yal ot the Preliminary Assesrecur Roll, Such notice shall describe in menera1 tens the assessable i~rovemente and the location thereof (location may be established b~ reference to boundaries or a mao or by reference the Unit1. and advise all persons interested tha~ description of each mro_~ertv to be assessed and the amount to be assessed t~each lot or parcel of DroDertv nay be ascertained at the office o~ the Clerk, ~Zn addition to the oublished notice described above, the Clerk shall mail at least 15.calendar d~y~ ~rtor to the hearing a co~v of the notice b~ flrW~ class mall to each DroDertv cv~Ler oroDosed to be assessed, Notice shall be mailed to each property ovner at such address as is shorn on the Tax Rolls, The failure of the Clerk to mail such notice shall constitute a valid oblectton to tho aPProval of the Preliminary Assessment Roll. Notice shall be deemed mailed upon delivery thereof to the Dossession U.S, Postal Service, All objections shall be made vrltinu,.and filed vith the Clerk at or before the 13 Words Underlined are added~ vordse~Nf~-4~K~qhare deleted, time or adjourned time of the hearins. The Clerk may provide Proof of such notice by 51 At the time and place stated in such notice, the Board shall meet and receive the objections in writins of all interested persons as stated in such notice, The Board mly ad~gurn the hearins from time to time, After the conelation thereof the Board shall adopt the Final Resolution vhich shall either annul or sustain or modify in v helmet Dart the preliminary assessment as indicated..on.the Preliminary Assessment Roll, either by aDorevine the preliminary assessment aQainst any or all iQ~s or parcels described therein or by cancelins. lncreaeina or reducina the same. accordins to the special benefits which the Board Ihall decide eadh lot ~r parcel has received or rill receive on account of such imoro~emente, Zf any Dro~ertv which may be charssable under this Section shall have been omitted from the Preliminary ~ssessment Roll or if the preliminary assessment shall ~ot have been made aaainst it. the Board mayo upon compliance ~ith the orocedures set forth in this Section. provide for the assessment of sMCh omitted - pruderY. The Board shell not a~rove any Special ASSessment in mxcess of the soecial benefits to the property assessed. and the SDecial Assessments ag aDDroved shall be in ~o~ortion to the special benefits, Upon adoorion of the Final Resolution, preliminary Assessment Roll shall become the Assessment Roll, The Final Resolution shall provide for the rate of interest vhich the Special Assessments shall bear, Zn the event Notes or Bonds have been issued and are outstandina at the time the Final Resolutig~ is presented to the Board. the Board 14 We:de ~pderlined are added; wo:dse~"aek--~hre~h are deleted, establ(sh the rats o~ interest the ~oecial are to bear at the ~lts of one percent above the true triterest cost on ths ~otes unttl such time as Bonds are issued to reDay..~he Notes at vhtch time the Soecial Assessments shall bear intecest at a rate not to exceed one ~ercent above the t~e ~nterest cost the Bonds o~ ~o~es. ~o~thv~th a~ter adoption of th~ ~nal Resolution. the assessment ~oll ~hall be delivered to. a~d kept by. the Clerk o~ ~uch other o~e[al am the Board, ~ re~olutton, deems a~ro~atef braided, h~ever. leeuse ad~udtcated in the ao~r~ina Reeoluelop may not be d~sou&ed except Or~1ded herein, ~e Clerk mha11 caume the Resolution and the a~r~ed ae~e~mment roll to be recorded in the Offtc~al Records. zn the even~ the alterafire meth~ of collenten of SoectaZ Assesnents. as des~thd in 5e~1on 197,363. rlorlda Statutes. Is uttlizH ~ the County. acoDy of the AaBeanent Ro11. t~ether vtth any chartass thereto. shall N delivered to the ~erty Appraiser and Tax Collator ~ the Clerk, ~e ~ealal AsWeaament a~ made mha11 N final and conclusive as to each lot or parcel amse~ and ~he adoorion of the Finat Reaoluelon abel1 N the ~Jnal ad~udtcatton of the issues oreaented unless ereoar ateDo be Initiated wtthfn 20 dave of adoorion of the Final Resolution in a cou~ of c~tent 4utfsdf~ton to se~re reXte~, Z~ the Special Aeeesnent against any oreDecry shall. N sustained or t~ue~ or abated ~ the couct, thw Clerk shall note that fa~ on the assessment roll opposite the des~fotton o~ the Orooectv a~fected thereby, ~e amount of the Snectal. Assessment any lot or oareel ~lch may ~ reduced or abeted by underlined ate added; vetdeface deleted, the court. unless the assessment upon the District be reduced Or abeted. may b~ resolution of the Board b~ made charssable aqainst the aDoltcable District at larae, or, at the discretion of the Board. a new assessment roll may be mrsDared and aDoroved in the manner hereinshore provided for the breDstation and the soDroyal of the original assessment ro11. 61 Except as otherwise DrqVt~ed b~ resolution of the Board. no DreDa~ents of the Special Asses~ents shall be acteDted prior to ~he adoption of the Final Resolution. ~ereafte~, any m~ema~e~ts iha~T be made interest ~nclude4 am a cost of the related tmorovement. and a~l]cable prepanent Drn~ at the office of the Clerk (o= such other offtctal as the Board shall 4eten~ne ~ =esoluttonl. ~y asscement may be maid at the office of the Clerk within 30 days after the conff~atfon thereof, wtth~t 1riterest. ~ereafte= a]] aeses~ents shall ~ Dayable in e~al InStallments, with tritereat at the rate set f~h this Ordinance, 71 All such Smec~al Assessments ma~ be colle~e4 bY the Ta~ Colle~or at the same t~me as the aa are collected ~ the Tax Collector ~f the Board prior to the confixation of the resolution ~dert~q the immrovemen~s ~rsnant to this Ordinance. have entered into an aareement with the ~ome~y A~raiSe~ and othe~ise met the amDlicable re~iremeq~s o~ Chapter 197. Florida Statutes. Motwithstandina any prgvision in this Ordinance to the cOntra~. the County may add an amount ~o each installment of an assessment eaual to the estimated pro-rata share 16 Words ~ara added; vords~are deleted, the costs o~ collectinn the assessments. includinqL without ltmitatiSn. the estimated amount o~ discount which the orooertV ~ners may receive if the assessment installments are placed on the tax roll pursuant to Section 197,~$)1. Florida Statutes. and the amounts o~iqg tO the Tax Collector for olacinq such installments on the tax ro11. 8) All Special Assessments shall constitute a lien u~on the ~roDertv so assessed from the date of the ADorevine Resolution orderins the impT~v~ments. or the same nature and to the same extent as the lien for general County taxes fallin~_.dUe in the same year or years in which such 6~ecial Assessments or installments thereof fall due . L~xceot as otherwise provided by lay. such lien shall be superior in d~qnitv to all other liens. titles and claims. unt~l pa~d. Any Soecia1 Assessment or installment not when due shall be collectibis with such interest and with a reasonable attornev~s fee an~ costs. but without Densities. ~ the D~stT~t ~oroCee~n~s ~n a cou~t of e~tv to ~orec)ose the lien of assessments as a l~en for mo~qa~es ~s or may be foreclosed under ~he laws of ~e state: o=ov~ded that a~Y such proceedings to foX~close shall embracg all ~stallments o~ p~ncJoal rema~n~nq unpaid v~th accrued ~nterest thereon. which ~nstallmentg shall. y~tue ~ the institution of such oroceedJnGs. immediately become due and payable. ~e collection procedu=e descried he=e~n shall be an additional meth~ to the collection D~ocedure8 as contained ~hQpter 197. Florida S~atutes~ No. 86-37, 17 Wo~ds underlined are added; vords~ a~e deleted. 126 1 Section 7 shall be added to Collier County Ordinance No. S6-37 and said Section shall read as follows: Section 7o Issuance of Bonds. The Board shall have the Dower and it is hereby authorized to Provide by Resolution. at one time or from time to time in series. for the issuance of Bonds of the County for the purpose of Davina all or Part of the Cost of the ProJect. The principal of and interest on each series of Bonds shall be p~vable from Pledaed R.~Venues. At the option of the Board. the County may covenant to budget and apDrooriate from non-ad valorem revenue sources identified by the County by Resolution or from aeneral non-ad valorem revenues of the County an amount necessary to make UD any deficien~ in the payment of the Bonds. In anticipation of the sale of Bonds, the County may. by Resolution. issue Notes and may renew the same from time to time. Such Notes may be paid from the moneys derived by the County from the proceeds of the Bonds. the proceeds.Of the Special Assessments. the proceeds of the Notes and such other legally available moneys as the Board deems appropriate. The Notes shall be issued in the same manner as the Bonds. Bonds and Notes shall be, and shall be deemed to be. for all purposes. ne~otiable instrumentsi subject only to the prQvi§ions of the Bonds and Notes for re~istration. The Bonds shall be dated. shall,bear interest at such rate or rates. shall mature at such times. as may be det~rmined by Resolution of the Board. and may be made redeemable before maturity, at the option of the County. at such price or prices and under such terms and conditions as ~v be fixed by ~he Board. The Bonds may, at the OPtion of the Board. bear interest at a variable rate. The Board shall determine by Resolution the form of the Bonds, the manner of oxeGutinq ~uch Bonds. and shall fix the denomination or 18 Words underlined are added; words =truck ~ ..... K are deleted. denominations of such Bonds, the place or places O~..oavment of the orincioal and interest. which may be at any bank oc trust comeany within or without the State of Florida. and such other te~ms and orovisionl of the Bonds as it deems aooropriateo ~he Bonds may b~. gold at public or private sale for such price or prices as the Board shall determine by Resolution, The Bonds ~y be deZ~vered t~ any contractor for payment of his work in constructins a Prefect or may be sold in such manner and for S~ch O~iCe as the BOard may determine by Resolution to be for the best interests of the County, Prior to the preparation of definitive Bonds of any series. the Board may, under like restrictions. issue interim racelots. interim certificates~ or temoorarv Bonds, sxchanaeable for definitive Bonds when such Bonds hays been executed and are available for delivery_. ~e Board may also orevide for the reelscement of any Bonds which shall become mutilated, or be destroyed or lost. Bonds may be ~Bued without any other oroceedinGs or the happeninq O~ any other ~onditfons or rhinos than those oroceed~nq, conditions or rhinos which are sDecificallv respired by this Ordinance. The County may. at its ootion. issue Bonds bearins a variable rate of interest. whereupon the interest ra~e and installment oarmerits applicable to Special Assessments shall be subject to adjustment as orovided by Resolution of the Board. In such event. the County may impose on such annual J~allment oarmerits such rate of interest a~ §~all not exceed the maximum amount of two percent above the true interest cost at which such Bonds are sold as shall bq Sletermined on the lSth day prior to the d~te the bill for such annual installment is mailed by the County. ~f amounts of interest collected by the County exceed. in the acqrecate. ~he amount of interest that would have been collected tf interest was imposed at the maximum rate permitted to be 19 Words underlined are added; words s~hrcu~h are deleted. charged on Special ASsessments. the excess amount~ ~hall be credited to the next installment or be returned to the property owners who Paid such amounts. as provided by Resolution of the Board, If the amounts oF interest collected by the County are less, in the aGGreGate. than the amount of interest that would have been collected if the interest was imposed at the maximum rate permitted to be charged on Special Assessments, such deficiency may. be imposed as a surcharqe 0n ~he next ~nstallment.. SECTION FIVE, Addition of Section s to Collier County Ordinance No, 86-37, Section S shall be added to Collier CountV Ordinance No, 86-37 and said Section shall read as follows: Sect~on 8, Taxing Power not Pledged, Bonds issued under the provisions of this Ordinance shall not be deemed to constitute · oled~e of the faith and credit of the County or the Unit. but such Bonds shall be payable from Pledged Revenues in the m{D~¢r prqvided herein and bv the Resolution authorizing the Bonds, The issuance of Bonds under the provisions of this Ordinance shall nO~; directly or indirectly obligate the County or the Unit to lew or to pledge any form of ad valorem taxation whatever therefor, No holder of any such Bonds shall ever have the right to compel any exercise of the ad valorem taxing Dower on the Dart of the County or the Unit to DaY any such Bonds or the interest thereon or to enforce payment of such Bonds 9r the interest thereon aoainst ~nv property of the County or the Unit, nor shall such Bonds constitute a charge, lieR or encumbrance. legal or e~uitable. upon any Dropert~ of.~he County or the Unit. except the Pledoed Revenues~ SECTION SIX, Addition of Section 9 to Collier County Ordinance NO. 86-37. Section 9 shall be added to Collier Count~ Ordinance No. 20 Words underlined are added; words eef~e~-ehre~ are deleted, 86-37 and said Section shall read as follows: Section 9. Funds. The PledGed Revenues received pursuant to the authority of this Ordinance shall be deemed to be funds held for the benefit of Bondholders. to be held and aDolied solely as provided in this Ordinance and tn the Resolution authorizing the Bonds. BECTION BEVEN. Addition of Section 10 to Collier County Ordinance No. 86-37. Section 10 shall be added to Collier County Ordinance He. 86-37 and said Section shall read as follows: Section 10. Remedies of Bondholders. Any holder of Bonds. except to the ext~Dt the riahts heroin Qiven may be restricted by the Resolution authorizing issuance Of the Bonds. m4v, whether at law or in equity. by suit, action, mandamus or other proceedings, Drotec~ and enforce any and all rights under the laws of the state or Granted hereunder or under such Resolution, and may enforce and compel the performance of all duties r~ouired by this Dart, or by such Resolution, to be Performed bv the County. SECTION EIGHT. Conflict and Severab~lity. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason 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 portions thereof. SECTION MINE. Inclusion in the Code 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, 21 Words underlined are added; words e~e~--~ are deleted. Florida. The sections of the Ordinance may be tenumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TEN. Effective Date. This Ordinance shall become effective upon filing this Ordinance with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of collier county, Florida, this/,F day of ~ .., 1995 .... · :,."f',KTr~.s~':.' ,"'% .' Bozen or COUNTY co~e~zss~oNn~s ::." DWIGHT:B]: B~3CK, CLERK COLLIER COUNTY, FLORIDA This ordlnc~t,''' .~'d with 22 Words underlined are added; words e~ek-~h are deleted. · ~:XIIIBtT "A" LEGAL DESCRIPTION NAPLES PARK ARP. A DRAIUAGE If41'ROVE~IENT DISTRICT All Chose certain lands lying within portions of Sections 28.29, 32. and 33, Tornship 48 South, Range 25 East, tollLet Co-sty, Florida, and being further described as forlows, all o~; Uni~ No. I, Naples Park as recorded in Pla~ Book 1, Page 106 and; ., Subdivision of Block 1, Unit No. I, Naples Park, as recorded in Plac ~ook 4, Page 5 and; Replat o~ Blocks 4 & 5, Unit N~. 1, Naples Park, as recorded in Pla~ Book 4, Page 6 and; Unit No. 2, Naples Park as recorded in Plat Book 2, Page 107 and; Urdc No. 3, Naples Park as recorded in Plat Book 3, Page 5 and; Unit No..4, Naples Park as recorded In Flat Book 3, Page 7 and; Unit No. 5, Naples Park as recorded in Flat Book 3, Page 14 and; Unit No. 6, Naples Park as recorded in Flat Book 3, Page 1~ and; Unit No. 2, Conner~s Var~erbil~ Beach Estates as recorded in Plag Book 3, Page 17 and2 Unl~ No. 3, Connotes Vanderbil~ Beach Estates as recorded in Pla~ Book 3, Page 59 all o{ the Public gecord~ o~ Collier County, Florida: ~oge~her utah all ~hose certain lands lying vl~h Section 33, To~shtp ~8 Sou~h, ~nge 25 East, and being Bou~ed on~he; ~or~h by ~he S~h rtgh~-of~ay line of 91s~ Avenue; Sough by ~he North =tgh~ay line o~ Vanderbil~ Beach goad; Zas~ by ~ha ~sC rlgh~-o~ay line o~ U.S. ~1, Nor=h Tamtam1 Trail; Ues~ by the ~s~ righ~-of~ay line o~ Vanderbtl~ Drlve; t ~ogeC~er vl~h chose certain lands lying in Sectton 32, To~shlp 48 Sou~h, ~nge 25 Zasg, Collier County, Florida and being described as BEGIN a~ the Sou~heas~ Co~er of ~g l, Block G, of ~he pla~ [hereo~, Unl~ No. 2, Conner'e VaMerbll~ Beach EscaPes, as recorded in Pla~ Book ** 3, Pale 17 og the hbllc gecords o~ Collier County, Ylortda; chance run alon2 a line thltCy (30) geec ~esg, as measured perpendicular Co, the Zas~ line o~ said Sec~ton 32 had beln2 the ~esg rtgh~-of~ay 11no of VaMerbll~ Drive, S 1000e00" g A59.25 Iee[ [oa poln~ on ghe Northerly rt/hg-oE~ay line o{ Vanderb11~ Beech goadl thence along said Norcherly rlBh~I~ay line N 80'29'30" ~ 305.12 feet; thence leaving said Northerly rl8h~-of~ay 11no N I*'00'00" ~ 15~.55 feet; thence N 89000'00" g 120 EeoC; thence S I'00'00" Z 65.00 feeg; ~hence N 89'00'00" ~ 55,00 feeC~ ~hence N t*O0'O0" ~ 316.51 fee~ [o the Sou~hues~ Corner oE aforesaid Lo~ 1, Block G; chance along ~he Southerly llne oE said Lo~ 1, Block C, S 89'52'30" ~ 125.O0 fee~ [o the FOI~ OF BEGINNING. STATE OF FLORIDA COUNTY OF COLLIER I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County. Florida, do hereb%, certify that the foregoing is a true copy of: " Ordinance No. 95-44 which was adopted by the Board of County Commissioners on the 18th day of J~ly, 1995, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier CoUnty, Florida, this 21st day of July, 1995. ., ......... DWIGHT E. BROCK ,." Clerk of Courts and Clerk, ' " Ex-officio to Board of' ,' County Commissioners y:/s/Maureen Kenyon' ,' , :: ' k .., -'