Resolution 2014-145 RESOLUTION NO. 2014 14 5
A RESOLUTION FIXING THE DATE, TIME AND
PLACE FOR THE PUBLIC HEARING FOR
APPROVING THE SPECIAL ASSESSMENT (NON-
AD VALOREM ASSESSMENT) TO BE LEVIED
AGAINST THE PROPERTIES WITHIN THE SOLID
WASTE MUNICIPAL SERVICE BENEFIT UNIT,
SERVICE DISTRICT NO. II FOR SOLID WASTE
COLLECTION AND DISPOSAL SERVICES.
WHEREAS, the Board of County Commissioners of Collier County Florida
intends to finance the collection and disposal of solid waste 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 collection and
disposal services. Said properties are located within the boundaries of Solid Waste
Municipal Service Benefit Unit, Service District No. II as described in Collier County
Ordinance No. 2005-54 as amended, and more particularly described herein; 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 collection.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: This Resolution is adopted pursuant to the provisions of
Section 197.3632, Florida Statutes, Ordinance No. 2005-54, as amended, and other
applicable provisions of law.
SECTION TWO: It is hereby found and determined that a special assessment
for the collection and disposal services for the Solid Waste Municipal Service Benefit
Unit, Service District No. II is necessary for funding the required payments for said
collection and disposal for a period of five (5) years commencing fiscal year 2015 and
ending fiscal year 2019.
SECTION THREE: A public hearing before the Board of County
Commissioners on the preliminary assessment roll (non-ad valorem assessment roll) of
the estimated costs to fund the collection and disposal of solid waste in Solid Waste
Municipal Service Benefit Unit, Service District No. II for a period of five (5) years
commencing fiscal year 2015 and ending fiscal year 2019 between the County and each
property owner of lands within the Solid Waste Municipal Service Benefit Unit, Service
District No. II will be held on September 9, 2014, beginning at 9:00 a.m. in the Board of
County Commissioners' Boardroom, Third Floor, W. Harmon Turner Building, 3299
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East Tamiami Trail, Naples, Florida, at which time the Board of County Commissioners
will hear objections from the owners of the properties within the Solid Waste Municipal
Service Benefit Unit, Service District No. II or other persons interested therein, to the
adoption of the preliminary assessment roll (non-ad valorem assessment roll). The Clerk
shall keep a record in which shall be inscribed, at the request of any person, firm or
corporation having or claiming to have any interest in any lot or parcel of land within said
Unit, the name and post office address of such person, firm or corporation, together with
the brief description or designation of such lot or parcel. The Clerk shall cause the notice
of such public hearing to be published one time in the Naples Daily News, a newspaper
published in Collier County and circulating in the Unit, not less than twenty (20) days
prior to said date of the hearing. Notice of such public hearing to consider the adoption
of the preliminary assessment roll (non-ad valorem assessment roll) shall also be mailed
first class to all property owners in Solid Waste Municipal Service Benefit Unit, Service
District No. II as listed on the preliminary roll (non-ad valorem assessment roll) at the
address provided for on said roll.
SECTION FOUR: Notice of such hearing shall be in substantially the following
form:
NOTICE
Notice is hereby given that the Board of County Commissioners of Collier
County, Florida, will meet on September 9, 2014, beginning at 9:00 a.m., in the Board of
County Commissioners' Boardroom, Third Floor, W. Harmon Turner Building, 3299
East Tamiami Trail, Naples, Florida, for the purpose of hearing objections, if any, by all
interested persons to the adoption of the preliminary assessment roll (non-ad valorem
assessment roll) allocating the assessable costs for collection and disposal of solid waste
within Solid Waste Municipal Service Benefit Unit, Service District No. II which
comprises and includes those lands 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
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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.
A copy of the preliminary assessment roll (non-ad valorem assessment roll) for
each lot or parcel of land to be assessed is on file at the Clerk to the Board's Office,
County Government Center, W. Harmon Turner Building, Fourth Floor, 3299 East
Tamiami Trail,Naples, Florida and in the offices of the Collier County Utility Billing and
Customer Service Department, 4420 Mercantile Avenue, Naples, FL 34104 and is open
to the inspection of the public.
All affected property owners have a right to appear and be heard at the public
hearing and to file written objections to the adoption of a resolution approving the
preliminary assessment roll (non-ad valorem assessment roll) with the Board within 20
days of this notice based upon the grounds that it contains items which can not be
properly assessed against property, that the computation of the special assessment is
incorrect, or there is a default or defect in the passage or character of the resolution, or
the preliminary assessment (non-ad valorem assessment) is void or voidable in whole or
part, or that it exceeds the power of the Board. At the completion of the hearing, the
Board shall either annul or sustain or modify in whole or in part the preliminary
assessment (non-ad valorem assessment) as indicated on such roll, either by confirming
the preliminary assessment (non-ad valorem 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 Board decides each such lot or parcel has received or will
receive from the collection and disposal of solid waste. The assessment so made shall be
final and conclusive as to each lot or parcel assessed unless proper steps are taken within
twenty(20) days with a court of competent jurisdiction to secure relief
The Board will levy a special assessment (non-ad valorem assessment) for collection and
disposal of solid waste based on the methodology of the number of equivalent residential
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units located on the property. The total assessment for collection and disposal of solid
waste shall not exceed $225.00 per equivalent residential unit per year for the next five
(5) years commencing fiscal year 2015 and ending fiscal year 2019. This special
assessment (non-ad valorem assessment) will be collected by the Collier County Tax
Collector on the owner's non-ad valorem tax bill pursuant to Section 197.3632, Florida
Statutes. Failure to pay the special assessment (non-ad valorem assessment) and your
property taxes will cause a tax certificate to be sold against the property, which may
result in a loss of title to the property.
Any person who decides to appeal a decision of the Board will need a record of
the proceedings pertaining thereto and therefore may need to ensure that a verbatim
record of the proceedings is made. The record shall include the testimony and evidence
upon which the appeal is to be based.
SECTION FIVE: The Clerk is hereby ordered and directed to spread this Resolution in
full among the minutes of this meeting for permanent record in his office.
SECTION SIX: This Resolution shall become effective immediately upon its passage.
This resolution adopted this I-\-Nn day of Su\t. 2014, after motion, second
and majority vote.
BOARD OF COUNTY COMMISSIONERS
F)WIa 'tE;'-B, 1OCK, CLERK COLLIER COUNTY, FLORIDA
Ni
!, 1L! .■ / BY
A .t as to C1aim an's AM. /-- ;! AL 6
Si attire only:
HENNING, CHA
Approved as to form
and legality:
Scott R. Teach
Deputy County Attorney
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