Resolution 2013-183RESOLUTION NO. 2013 183
A RESOLUTION APPROVING THE PRELIMINARY
ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL
AND ADOPTING SAME AS THE NON -AD VALOREM
ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE
UNIFORM METHOD OF COLLECTION PURSUANT TO
SECTION 197.36329 FLORIDA STATUTES, FOR SOLID
WASTE MUNICIPAL SERVICE BENEFIT UNIT, SERVICE
DISTRICT NUMBER I SPECIAL ASSESSMENT LEVIED
AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN
THE UNINCORPORATED AREA OF COLLIER COUNTY
PURSUANT TO COLLIER COUNTY ORDINANCE NO. 2005-549
AS AMENDED.
WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter
referred to as the `Board "), adopted Collier County Ordinance No. 2005 -54 creating two (2)
Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of
providing and regulating Solid Waste Collection and Disposal Services; and
WHEREAS, the Board intends to finance the Solid Waste Collection and Disposal Services
through the levy of special assessments (non -ad valorem assessments) against residential units as
defined in Collier County Ordinance No. 2005 -54, as amended that are benefited by the Solid
Waste Collection and Disposal Services. Said properties are located within the boundaries of
Solid Waste Municipal Service Benefit Unit, Service District Number I as described herein and
in Collier County Ordinance No. 2005 -54, as amended; and
WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a
non ad- valorem assessment roll for purposes of utilizing the uniform method of collection; and
WHEREAS, said public hearing was duly advertised and regularly held at the Board of County
Commissioners' Boardroom, Third Floor, Administration Building, Collier County Government
Center, 3299 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 10,
2013.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: The Board, having met to receive and consider the written objections of the
property owners and other interested persons appearing before the Board as to the propriety and
advisability of confirming and adopting the Solid Waste Municipal Service Benefit Unit, Service
District Number I Preliminary Assessment Roll, as to the amounts shown thereon to be assessed
against the lots and parcels of land to be benefited and as to the equalization of such assessments
on a basis of justice and right, does hereby confirm such preliminary assessment roll which
excludes certain residential units that are included in a homeowner's association or property
owner's association that pays the commercial fee for Solid Waste Collection and Disposal
Services for all such units. Further, the Board adopts the preliminary assessment roll and makes
it final as the Solid Waste Municipal Service Benefit Unit, Service District Number I final
assessment roll (non -ad valorem assessment roll) for the purpose of using the uniform method of
collection.
The total special assessments for the Solid Waste Collection and Disposal Services for Solid
Waste Municipal Service Benefit Unit, Service District Number I for FY 2014 is $173.49 per
Residential Unit. The total assessments against the benefited properties are described and set
forth in the preliminary assessment roll (non -ad valorem assessment roll) on file with Clerk to
the Board, Minutes and Records. The Board hereby confirms the special assessments (non -ad
valorem assessments) and the final assessment roll (non -ad valorem assessment roll), which is on
file with Clerk to the Board Minutes and Records.
SECTION TWO: Such assessments are hereby found and determined to be levied in direct
proportion to the special and positive benefits to be received by the properties listed in the
preliminary assessment roll (non -ad valorem assessment roll) on file with Clerk to the Board,
Minutes and Records and are located within the Solid Waste Municipal Service Benefit Unit,
Service District Number I which is more particularly described as follows:
Beginning at the intersection of the North line of Section 6, Township 48 South,
Range 25 East also known as the Lee - Collier county line and the eastern shoreline
of the Gulf of Mexico; thence easterly along said Lee - Collier county line to the
northeast corner of Section 12, Township 48 South, Range 26 East; thence north
along the east line of Range 26 East, Township 48 South to the northwest corner
of Section 6, Township 48 South, Range 27 East, thence east along the north line
of Sections 6, 5, 4, 3, 2 and 1 of Township 47 South, Range 27 East to the
northwest corner of Section 1, Township 48 South, Range 27 East; thence north
along the range line of Ranges 27 and 28 East to the northwest corner of Section
30, Township 47 South, Range 28 East, also known as the center line of
Immokalee Road (CR 846); thence east along the north section lines of Sections
30, 29, 28, 27, 26 and 25 of Township 47 South, Range 28 East to the northeast
corner of Section 25, Township 47 South, Range 28 East; thence south along the
range line for Ranges 28 and 29 East to the northeast corner of Township 49
South and Range 28 East; thence east along the township line for Townships 48
and 49 South to the northeast corner of Township 49 South and Range 30 East;
thence south along the range line for Ranges 30 and 31 East to the northeast
corner of Township 52 South and Range 30 East; thence east along the township
line for Townships 51 and 52 South to the northeast corner of Township 52 South
and Range 31 East; thence south along the range line for Ranges 31 and 32 East to
the northeast corner of Township 53 South and Range 31 East; thence east along
the township line of Townships 52 and 53 South to the northeast corner of
Township 53 South and Range 34 East, also being known as the Collier- Miami-
Dade county line; thence south along said county line to the southeast corner of
Section 36, Township 53 South, Range 34 East, also being known as the Collier -
Monroe county line; thence west along said county line to the eastern shoreline of
the Gulf of Mexico; thence westerly and northerly along the waters of the Gulf of
Mexico to the Lee - Collier county line being the north line of Section 6, Township
48 South, Range 25 East and being the Point of Beginning. Less and except all
the lands located within the corporate limits of the City of Naples. Also, less and
except all coastal barrier islands, as defined by Section 161.54(2), Florida
Statutes, that are not accessible by bridges or causeways.
2
On October 11, 2005 the Board of Collier County Commissioners entered
into an Interlocal Agreement with the City of Everglades City to provide
trash collection services as provided in Service District No. I.
SECTION THREE: Upon adoption of this Resolution all the special assessments (non -ad
valorem assessments) and all special assessments in subsequent years for Solid Waste Collection
and Disposal Services within Solid Waste Municipal Service Benefit Unit, Service District
Number I shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor
statutes authorizing the collection of such non -ad valorem assessments on the same bill as ad
valorem taxes shall be billed.
SECTION FOUR: The assessments shall be final and conclusive as to each lot or parcel
assessed and any objections against the making of any assessable improvements not so made
shall be considered as waived, and if any objection shall be made and overruled or shall not be
sustained, the adoption of this Resolution approving the final assessments shall be at the final
adjudication of the issues presented unless proper steps shall be taken in a court of competent
jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution.
SECTION FIVE: All assessments shall constitute a lien upon the property so assessed from the
date of confirmation of this Resolution 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 fall due,
and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida
Statutes, in the same manner as property taxes are collected.
SECTION SIX: The Clerk is hereby directed to record this Resolution, not including the
referenced roll, in the Official Records of Collier County. A recorded copy of this Resolution
and the referenced roll shall be maintained on file in the Office of the Clerk to the Board,
Minutes and Records.
SECTION SEVEN: This Resolution shall become effective immediately upon its passage.
This Resolution adopted this 10th day of 51L-��c.,rr -,�,c� , 2013, after motion, second and
majority vote.
AT
DICsH'l;RO�d CLERK
COUNTY COMMISSIONERS
OLTNTY, FLORIDA
DI I TTYcCLE�
GkOyGfA A. MI
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Attest as thggaA 1RwoMAN
signature only.
Approved as to form and legality:
Scott R. Teach,
Deputy County Attorney
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