Resolution 2013-184RESOLUTION NO. 2013 -184
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 197.3632, FLORIDA STATUTES, FOR SOLID
WASTE MUNICIPAL SERVICE BENEFIT UNIT, SERVICE
DISTRICT NUMBER II SPECIAL ASSESSMENT LEVIED
AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN
THE UNINCORPORATED AREA OF COLLIER COUNTY
PURSUANT TO COLLIER COUNTY ORDINANCE NO. 2005-54,
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 II 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 II 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
MI.
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 II 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 II for FY 2014 is $165.28 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 II which is more particularly described as follows:
Beginning at the northwest corner of Township 47 South, Range 27 East, Collier
County, Florida; thence east along the Collier -Lee county line also the township
line to the northeast corner of Township 47 South, Range 27 East; thence north
along the Collier -Lee county line also the range line to the northwest corner of
Township 46 South, Range 28 East; thence east along the Collier -Hendry county
line also the township line for Townships 45 and 46 South to the northeast corner
of Township 46 South, Range 30 East; thence south along the Collier -Hendry
county line also the range line of Ranges 30 and 31 East to the southeast corner of
Township 48 South, Range 30 East; thence west along the township line for
Townships 48 and 49 South to the southwest corner of Township 48 South, Range
29 East; thence north along range line for Ranges 28 and 29 East to the southwest
corner of Section 19, Township 47 South, Range 29 East; also being known as the
center line of Immokalee Road (CR 846); thence west along the south line of
Sections 24, 23, 22, 21, 20 and 19 of Township 47 South, Range 28 East to the
southeast corner of Section 24, Township 47 South, Range 27 East; thence south
along the range line for Ranges 27 and 28 East to the southeast corner of
Township 47 South, Range 27 East; thence west along the township line for
Townships 47 and 48 South to the southwest corner of Township 47 South and
Range 27 East; thence north along the range lines for Ranges 26 and 27 East to
the northwest corner of Township 47 South, Range 27 East, being the Point of
Beginning.
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
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and Disposal Services within Solid Waste Municipal Service Benefit Unit, Service District
Number II 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 September, 2013, after motion, second and majority
vote.
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BOARD
MIGHT, RO(?fC, CLERK COLLI
BY:
MU as fa gt0ffi
signature only ' ,5
Approved as to faun and legality:
Scott R. Teach,
Deputy County Attorney
COMMISSIONERS
FLORIDA
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WOMAN
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