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Ordinance 85-39ORDINANCE NO. 85-39 AN ORDINANCE CREATING THE NAPLES PRODUCTION PARK MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; DESCRIBING THE LANDS TO BE INCrUDED IN THE UNIT AS GENERALLY ALL THOSE LANDS IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, LESS CERTAIN LANDS ALL AS MORE PARTICULARLY DESCRIBED IN THE ORDINANCE; PROVIDING FOR A GOVERNING BOARD OF THE UNIT; PROVIDING FOR THE POWERS OF THE UNIT; PROVIDING THAT THE UNIT MAY LEVY AD VALOREM TAXES ON REAL PROPERTY WITHIN THE UNIT; PROVIDING FOR THE CONSTRUCTION OF ASSESSABLE IMPROVEMENTS; PROVIDING FOR THE ESTABLISHMENT OF ASSESSMENTS AGAINST BENEFITED PROPERTIES; PROVIDING FOR THE ISSUANCE OF ASSESSMENT BONDS; PROVIDING FOR THE COLLECTION OF ASSESShENTS EITHER THROUGH THE AD VALOREM TAX COLLECTION PROCEDURE OR THROUGH FORECLOSURE; PROVIDING THAT ASSESSMENTS ARE A LIEN ON PROPERTIES ASSESSED; PROVIDING AN EFFECTIVE DATE. Be it ordained by the Board of County Commissioners of Collier County, Florida: SECTION There is hereby created the Naples Production Park Municipal Service Taxing and Benefit Unit. The Unit shall include all lands within the following boundaries set forth in Exhibit "A# attached hereto and made a part hereof. SECTION 2. The U:~it hereby created is for the purpose of exercising those powers authorized by Chapter 125, Florida Statutes, and other applicable law. SECTION 3. The Boar9 of County Commissioners of Collier County shall be the governing board of the Unit, with power and authority to conduct the affairs of the Unit as prescribed by Florida Statutes. SECTION 4. The Unit may levy ad valorem taxes on real property within the Unit as authorized by Florida Statutes. SECTION 5. As used in this ordinance, the following words and terms shall have the following meanings, unless some other meaning is plainly intended: (1) "Unit" shall mean the Naples Production Park Municipal Service Taxing and Benefit Unit created by this ordinance. (2) "Board" shall mean the Board of County Commissioners of Collier County, Florida. (3) "Cost" as applied to the acquisition and construction of any improvemente authorized by the Board shall include the cost of construction or reconstruction, acquisition or purchase, the cost of all labor, materials, machinery and equipment, cost of all lands and interest therein, property, rights, easements and franchises of any nature whatsoever, financing charges, interest prior to and during construction and for not more than two years after completion of the construction or acquisition of such improvements, the creation of initial reserve or debt service funds, bond discount, cost of plans and specifications, cost of construction plans, surveys and estimates of costs and revenues, cost of engineering, financial and legal eervices, and all other expenses necessary or incidental in determining the feasibility or practicability of such construction, reconst~uction or acquisition, adm~nistrative expenses and such other expenses as may be necessary, or incidental to financing authorized by this ordinance; and including reimbursement of the county or any other person, firm or torporation for any moneys advanced to the Unit for any expenses incurred by the Unit or county in connection with any of the foregoing items of cost, or the creation of the Unit. (4) "Assessable improvements" shall mean that portion or portions of improvements of a local nature and of benefit to the premises or land:$ served thereby. (5) "Clerk" shall mean the clerk of the circuit court and ex officio Clerk of the Board of County Com4~issioners. (6) 'Assessment bonds' shall mean bonds or other obligations secured by and payable from special assessments levied against benefited lands. (7) "Plans and specifications" shall mean preliminary drawings and specifications which shall ~how the location, size, and nature of the improvements. A description of the kind and quantities of major material items shall be shown. SECTION 6. The unit may provide for the construction or reconstruction of assessable improvements as defined in Section 1 of this ordinance, and for the levying of special assessments upon benefited property for the payment thereof, under the provisions of this section. -2- (1) The initial proceeding shall be the passage by the Board of a resolution ordering the construction or reconstruction of such assessable improvements, indicating the location by terminal points and routes and either giving a description of the improve- ments by its material, nature, character and size or giving two or more descriptions with the directions that the material, nature, character and size 8hall be subsequently determined in conformity with one of such descriptions. The improvements need not be continuous and may be in more than one locality or street. The resolution ordering any such improvement may give any short and convenient designation to each improvement ordered therby. (2)(a) As soon as possib]e after the passage of such resolu- tion the county engineer shall prepare in duplicate plans and specifications as defined herein for each improvement ordered thereby and an estimate of the cost thereof. Such cost shall include, in addition to the items of cost as defined in this ordinance, the following items of incidental expenses: 1. Printing and publishing notices and proceedings. 2. Costs of abstracts of title, and 3. Any other expense necessary or proper in conducting the proceedings and work provided for in this section, including the estimated amount of discount, if any, upon the sale of assessment bonds or any other obligations issued hereunder for which such special assessments are to be pledged. If the resolution shall provide llternative descriptions of material, nature, character and size, such estimate shall include an estimate of the cost of the improvement of each such description. (b) The engineer shall also prepare in duplicate a tentative apportionment of the estimated total cost of the improvements as between the unit and each lot or parcel of land subject to special assessment under the resolution. Such tentative apportionment of total estimated cost shall not be held to 1,mit or restrict the duties of the engineer in the preparation of the preliminary assessment roll. One of the duplicates of such plans, specifications and estimates and such tentative apportionment shall be filed with the Clerkl and the other duplicate shall be retained by the engineer in his files, all thereof to remain open to public inspection. (3} The Clerk upon the filing with him of such plans, .----------~specifications, estimates and tentative apportionment of cost shall publish once in a newspaper of general circulation, published in the county, a notice stating that at a meeting of the Board on a certain day and hour, not earlier than 15 days from such publication or posting, the Board will hear objections of all Interested persol~s to the confirmation of such resolution, which notice shall state in brief and general terms a description of the proposed assessable improvements with the location thereof, and -3- shall also state that plans, specifications, estimates and a tentative apportionment of cost thereof are on file with the Clerk. In addition to the published notice described above, th~ Clerk shall mail a copy of the notice by first class mail to each property owner to be assessed. Notice shall be mailed to the owner at such address as is shown on the tax rolls. The failure of the Clerk to mail such notice shall not constitute a valid objection to holding the hearing as provided in this section or to any other action taken under the authority of this section. (4) At the time named in such notice, or to which an adjournment may be taken by the Board, the Board shall receive any objections of interested person, and may then or thereafter repeal or confirm such resolution with such amendments, if any, as may be desired by the Board and which do not cause any additional property to be specially assessed. Assessments shall be levied against all property in the Unit specially benefited by the improvements. Such assessment shall be based on frontage, and/or any other method deemed equitable by the Board. (5) All objections to any such resolution on the ground that it contains items which cannot be properly assessed against property, or tha{ it is, for any default or defect in the passage or character of ~he resolution or the plans or specifications or estimate, void or voidable in whole or in part, or that it exceeds the power of the~ Board, shall be made either in writing, and filed with the Clerk at or before the time or adjourned time of such hearing, {,r shall be made orally at the hearing. Any objections not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the confirmation of the ~esolution shall be the final adjudication of the issues presented unless proper steps shall be taken in a court of competent Jurisdiction to secure relief within 20 days from the date of Board action on the resolution. (6) Whenever any. resolution providing for the construction or reconstruction of assessable improvements and for the levying of special assessments upon benefited property for the payment thereof shall have been confirmed, as hereinabove provided, or at any time therafter, the Board may issue assessment bonds payable out of such assessments when collected. Said bonds shall mature not later than two years after the last installment in which said special assessments may be paid, as provided in subsection 11, and shall bear interest at not exceeding the maximum amount permitted '~*"~'--~by law. · Such assessment bonds shall be executed, shall have such provisions for redemption prior to maturity and shall be sold in the manner prescribed herein. The amount of such assessment bonds to be issued shall not exceed the amount of special assessments actually confirmed and levied by the Board as provided in subsection 4. -4- (7) At any time after the passage of the resolution authorizing the construction or reconstruction of assessable improvements has been confirmed as provided in subsection (4), the Board may publish at least once in a newspaper of general circulation, published in the county, a notice calling for sealed bids to be received by the Board on a date not earlier than 15 days from the first publication for the construction of the work. The Board shall have the right to reject any or all bids, and if all bids are rejected the Board may readvertise or may determine to do the work by the county forces without contract. (8) Promptly after the completion of the work, the county engineer, who is hereby designated as the official to make the preliminary assessment of benefits from assessable improvements, shall prepare a preliminary assessment roll and file the same with the Clerk which roll shall contain the following= (a) A description of abutting lots and parcels of land or lands within the unit 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 subdivi- sion. There shall also be given the name of the owner of record of each lot or parcel as shown on the tax rolls. (b) The total cost of the impru, ement and the amount of incidental expense. (9) The preliminary roll shall be advisory only and shall be subject to the action of the Board as herein'after provided. Upon the filing with the Clerk of the preliminary assessment roll, the Clerk shall publish at least once in a newspaper of general circu- lation, published in the county, and circulating in the district, a notice beating that at a meeting of the Board to be held on a certain day and hour, not less than ~5 days from the date of such publication, which meeting may be a regular, adjourned or special meetin9, all interested persons may appear and file written objections to the confirmation of the preliminary assessment roll. Such notice shall describe the assessable improvements and the location thereof. (10) At the time and place stated in such notice the Board shall meet and receive the objections in writing of ail interested "--"--"'-'persons as stated in such notice. The Board may adjourn the hearing from time to time. After the completion thereof the Board shall either annul or sustain or modify in whole or in part the preliminary assessment as indicated on such roll, either by con- firming the preliminary assessment against any or all lots or parcels described therein or by cancelling, increasing or reducing the same, according to the special benefits which the Board decided each such lot or parcel has received or will receive on -5- 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 pla~e on such roll an appor- tionment to such property. The Board shall not confirm any assessment in excess of the special benefits to the property 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 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 Clerk shall note that fact on the assessment roll opposite the description of the property affected thereby. (11) (a) Any assessment may be paid at the office of the Clerk within 60 ~ays after the confirmation thereof, without interest. Thereafter all assessments shall be payable in equal installments, w£th interest at not exceeding the maximum amount permitted by laW, or, if bonds are issued pursuant to this ordinance, at a,rate not to exceed one percent above the rate of interest at whiOh such bonds are sold, from the expiration of said 60 days in each of the succeeding number of years which the Board shall determine by resolution, not exceeding 40; provided however, that the Board may provide that any assessment may be paid st any time before due, together with interest accrued thereon to the date of payment, if such prior payment shall be permitted by the proceedings authorizing any assessment bonds or other obligations for the payment of which such special assessments have been pledged. (b) All such special assessI.,ents may be collected by the tax collector at the same time as the ad valorem taxes of the Unit and general county taxes are collected by the tax collector if the Board shall, prior to the confirmation of the resolution ordering the improvements pursuant to subsection 4 hereof, have entered into an agreement with the Property Appraiser and otherwise met the requirements of Section 197.0116 Florida Statutes. (c) Ail assessments shall constitute a lien upon the ......... property so assessed from the date of confirmation of the resolu- tion ordering the improvement, of the same nature and to the same 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 be collectible with such interest and with a reasonable attorney's fee and costs, but without penalties, by the unit by proceedings in a court of equity to foreclose the lien of assess- ments as a lien for mortgages is or may be foreclosed under the laws of the state; provided that any such proceedings to foreclose -6- ,oo, (]21-,,, 61 shall embrace all installments of principal remain~ng unpaid with accrued interest thereon, which installments shall, by virtue of the institution of such proceedings, immediately become due and payable. The collection procedure described herein shall be an additional or alternative method to the method of collection described in subsection (11)(b) above. (d) Nevertheless, if prior to any sale of the property under decree of foreclosure in such proceedings, payment be made of the installment or installments which are shown to be due under the provisions of the resolution passed pursuant to subsection (10), and by this subsection, and all costs including interest and attorney's fees, such payment shall have the effect of restoring the remaining installment, to their original maturities as provided by the resolution passed pursuant to this subsection and the proceedings shall be dismissed. (e) It shall be the duty of the Board to enforce the prompt collection of assessment by the means herein provided, and such duty may be enforced at the suit of any holder of bonds issued under this ordinance in a court of competent Jurisdiction by mandamus or other appropriate proceedings or action. (f) Not later than 30 days after the annual installments are due and payable, it shall be the duty of the Board to direct the attorney or attorneys whom the Board shall then designate, to institute action within two months after such direction to enforce the collection of all special assessments for assessable improve- menas made under this section and remaining due and unpaid at the time of such direction. Such action shall be prosecuted in the manner and under the conditions in an~ under which mortgages are foreclosed under the laws of the state. (g) It shall be lawful to Join in one action the collection of assessments against any or all property assessed by virtue of the same assessment roll unless the court shall deem such Joinder prejudicial to the interest of any defendant. The court shall allow a reasonable attorney's fee for the attorney or attorneys of the unit, and the same shall be collectible as a part of or in addition to, the costs of the action. (h) At the sale pursuant to decree in any such action, the unit may be a purchaser to the same extent as al. individual p~rson or corporation, except that the part of the purchase price ~epresented by the assessments sued upon and the interest thereon need not be paid in cash. Property so acquired by a unit may be sold or otherwise disposed of, the proceeds of such disposition to be placed in such fund as provided by any resolution authorizing the issuance of assessment bonds pruvided, however, that no sale or other disposition thereof shall be made unes~ the notice calling for bids therefor to be received at a stated time and place shall have been published in a newspaper of general circulation, published in the county, at least 20 days prior to such disposition. -7- (12) All assessments and charges made under the provisions of this section for the payment of all or any part of the cost of any assessable improvements for which assessment bonds shall have been issued under the provisions of this ordinance, or which have been pledged as additional security for any other bonds or obligations issued under this ordinance, shall be used only for the payment of principal of or interest on such assessment bonds or such other bonds or obligations. (13) The county and the school district and, any other political subdivision wholly or partly within the Unit shall possess the same power and be subject to the same duties and liabilities in respect of assessment under this section affecting the real estate of such county, school district or other political subdivision which private owners of real estate possess or are subject hereunder, and such real estate of any such county, school district and political subdivision shall be subject to liens for said assessments in all cases where the same property would be subject to such liens had it at the time the lien attached been owned by a private owner. (14) If any special assessment made under the provisions of this chapter to.defray the whole or any part of the expense of any such improvement shall be deemed by the Board to be inadequate to meet the obligation owed to bondholders, the Board may adjust the duration of and the interest penalty on installment payments of the assessment So that payments of special assessments shall be sufficient to satisfy the contractual obligation owed by the Unit to bondholders. However, such adjustment shall not have the effect of increasing the special assessment of any property, including the effect of increasing the amount of assessment of any property in proportion to the amount of benefits conferred on that property, nor shall such adjustment increase the interest rate or the installment payment period beyond the interest rate and payment period set forth in subsection (ll)(a). Further the Board, in adjusting the interest rates and the period of payment of assessments, shall follow the provisions of this section providing for notice and hearing to intereLted p~rsons and providing for passage of resolutions establishing special assessments. SECTION 7. ....... '"'(~) ' The Board for and on behalf of the Unit is authorized to provide from time to time for the issuance of assessment bonds to pay all or part of the cost of improvements. The principal of and interest on any such bonds shall be payable from the pledge of special assessment levied pursuant to this ordinance or by a pledge of the full faith and credit of the Unit, if such full faith and credit pledge be authorized by referendum. The bonds shall be dated, shall bear interest at such rate or rates as shall -8- not exceed ~he maximum amount permitted by law, shall maturu at such time or times not exceeding 40 years from their date or dates as may be determined by the Board and may be made redeemable before maturity, at the option of the Board, under such terms and condi- tions and at such prices as may be fixed by the Board prior to the issuance of such bonds. The Board shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. Such authorizing resolution may further provide that such bonds may be executed manually or by the engraved, lithographed or facsimile signature of the chairman of the Board. The seal of the County may be affixed or lithographed, engraved, or otherwise reproduced in facsimile on such bonds and shall be attested by the manual or facsimile signature of the Clerk. In case any officer whose signature or a facsimile of whose signature shall appear on the bonds shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All bonds issued under the provisions of this ordinance shall be and constitute and have all the qualities and incidents Of negotiable instruments under the law merchant and the negotiable instruments law of the state. The bonds may be issued in coupon or registered form as the Board may determine in such authorizing resolution and provision may be made for the registration of any coupon bonds as to principal alone and also as to principal and interest, and for the reconversion of coupon bonds or of any bond registered as to principal and interest. The issuance of such bonds shall not be subject to ~ny limitations or. conditions contained in any other law and the Board may sell such bonds in such manner, either at public or private sale, and for such price, as it may determine to be for the best interest of the Unit, but no such sale shall be made at a price so low as to require the payment of interest on money received therefor at a rate in excess of the maximum amount permitted by law, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid for the redemption of any bonds prior to maturity. SECTION 8. This ordinance shall take effect as provided by law. ADOPTED THIS 6th day of 6UKus~ , 1985. -9- BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY This ordinance flied wlth Secretary of State's Office the ,/~.~day of ~.4Za~, end acknowledgement of' that filing received th~ls~ day STATE OF FLORIDA ) COUNTY OF COLLIER I, WILLIAM J. ~.AGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoXn8 ~1 a true original of: ~ ORDINANCE NO. 85-39 which was adopted by the Board of County Commieslo~,ere during Regular Sealton on :'he 6th day of Adguat, 1985. WITNESS my hand and the offLcial meal of the Board of County of Collier County, Florida, thim 7th day of A~gust, 1985. WILLIAM 3. REAGAN Clerk of Courts and Clerk Ex-Officio to Board of County Commissioners ,\: ''-V'trgI~ MaRrt, b~puty ~. 'rk'. " By , · ..-'. )AP/em-268/060585-3 -10- Section 36, Township 49 South, Range 25 West, Collier County, Florida less and except the following described real estate~ Commencing at the Northwest corner of Section 36, Township 49 South, Range 25 East, Collier County, Florida; thence along the North line of said Section 36, North 89"-24'-44" East 661.65 of .aid Sec- tion 36 and the PLACE OF BEGINNING of the parcel herein described; thence cdntinuing along the North line of said Section 36, North 89"-24'-44" East 1984.95 feet to the North 1/4 corner of said Section 36; thence continuing along the North line of said Section 36 North 89"-06'-30" East 2136.2 feet to a point which lies 510.00 feet West of the Northeast corner of said Section 36; thence parallel with the East line of said Section 36, South 0"-00'-36" East 637.60 feet to the North line of the South 2005.80 feet of the Northeast 1/4 of said Section 36; thence along said North line of theSouth 2005.80 feet of the Northeast 1/4 of said Section 36, South 89"-21'-02" West 2135.18 feet to the North and South 1/4 line of said Section 36; thenco along the North linc, of the South 2005.80 feet of the Northwest 1/4 of Section 36, South 89"-21'-02" West 1979.94 feet to the East line of the West 1/~ of the West 1/2 of the Northwest 1/4 of said Section 36; thenco along said East line of the West 1/2 of the West 1/2 of the ..orthwest 1/4 of said Section 36, North 0"-32'-58" West 630.66 feet to the Place of Beginning; being a part of the North 1/2 of Section 36, Township 49 South, Range 25 East, Collier County, Florida; sub- Ject to a Road easement for ingress and egress over the South 570.66 feet of the West 30.00 feet thereof; sub- Ject to a Road easement for ingress and egress over the South 577.60 feet of the East 60.00 feet thereof; subject to a Road easement over the South 30.30 feet thereof; subject to utility easements to the Florida Power and Light Company; subject to easements and re- strictions of record; containing 59.69 Acres of land more or less. EXHIBIT #A" LOCATION MAP .o, 021',',' 67