Resolution 2003-288
letn:
mil TO Till BOARD
IKTIROmCI 4'lH fLOOR
JlT 7240
3259297 OR: 3396 PG: 3120 RIC !II
mORDID in the OmCIAL RICORDS of COLLIIR coum, fL coms
09/15/2003 at 09 :30AII DWIGHT I. &lOCI, CLm
288
16C
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RESOLUTION NO. 2003 .
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 DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT
UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN
RESIDENTIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY
PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30,
AS AMENDED
WHEREAS, the Board of County Commissioners of Collier County,
Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance
No. 90-30, as amended, 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 County 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. 90-30, as amended, that are benefited by the solid waste collection and
disposal services. Said properties are located within the boundaries of Solid
Waste District No.1 Municipal Service Benefit Unit as described herein and in
Collier County Ordinance No. 90-30, 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, Harmon Turner
Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on
September 9, 2003.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
19.50
4.00
"
16C
OR: 3396 PG: 3121
3
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 District No. 1 Municipal Service Benefit Unit 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 District No. 1 Municipal Service Benefit Unit 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 District No. 1 Municipal Service Benefit Unit for FY
2003/04 is $134.75 per Residential Unit and in subsequent years shall not
exceed $175.00 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 and incorporated herein as Exhibit A. 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, and subsequent years shall be on file with the Clerk to the
Board, Minutes and Records by September 1 st of each subsequent year.
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 District NO.1 Municipal Service Benefit Unit which
is more particularly described as follows:
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OR: 3396 PG: 3122
LEGAL FOR DISTRICT ONE.
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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 East along said
Lee-Collier County line to the northeast corner of Section 12, Township
48 South, Range 26 East; thence South along the easterly line of Range
26 East, Township 48 South to the southeast corner of Section 24,
Township 48 South, Range 26 East; thence east along the south line of
Sections 19 and 20, Township 48 South, Range 27 East to the southeast
corner of Section 20; thence north along the east line of Sections 20, 17
and 8 of Township 48 South, Range 27 East to the southeast corner of
Section 5, Township 48 South, Range 27 East; thence easterly along the
south line of Sections 4, 3, 2 and 1 of Township 48 South, Range 27 East
to the southeast corner of Section I, Township 48 South, Range 27 East;
thence north along the east line of Section 1, Township 48 South, Range
27 East; thence north along the east line of Sections 36 and 25,
Township 47 South, Range 27 East to the southeast corner of Section 24,
Township 47 South, Range 27 East; thence easterly along the south line
of Sections 19, 20 and 21, Township 47 South, Range 28 East to the
southeast corner of Section 21, Township 47 South, Range 28 East;
thence southerly along the west line of Sections 27 and 34, Township 47
South, Range 28 East and continuing southerly along the west line of
Sections 3, 10, 15, 22, 27 and 34, Township 48 South, Range 28 East;
thence south along the west line of Sections 3, 10, 15, 22, 27 and 34,
Township 49 South, Range 28 East to the southeast corner of Section 34;
thence easterly along the south line of Sections 34, 35 and 36, Township
49 South, Range 28 East; thence east along the south line of Township
49 South, Range 29 East and Township 49 South, Range 30 East to the
southeast corner of Section 36, Township 49 South, Range 30 East, being
also the centerline of Alligator Alley (1-75); thence continuing easterly
along the centerline of Alligator Alley (1-75) to the northeast corner of
Section 4, Township 50 South, Range 31 East; thence southerly along the
east section line of Sections 4, 9, 16, 21, 28 and 33, Township 50 South,
Range 31 East; thence southerly along the East section line of Sections 4,
9, 16, 21, 28 and 33, Township 51 South, Range 31 East; thence
southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33,
Township 52 South, Range 31 East; thence southerly along the east
section line of Sections 4, 9, 16, 21, 28 and 33, Township 53 South, Range
31 East to the Collier-Monroe county line; thence westerly along the said
county line to the easterly 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 and
Everglades City. Also, less and except those barrier islands as described
in Ordinance No. 90-30, as amended.
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 District No.1 Municipal Service Benefit Unit 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
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ttt OR: 3396 PG: 3123 ttt
assessable improvements not so made Sh! ~ c~sideJ 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 attached Exhibit "Au, in the Official Records of Collier County. A
recorded copy of this Resolution and the attached Exhibit "AU 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 q4 day OfStpunbu::, 2003, after motion,
second and majority vote.
~. _. . . 'If
Al'TEST: BOARD~F C NTY C MMISSIONERS
:'. DWIGHT E: B~OCK, CLERK COLLIER C NTY, RIDA.
~"euf~~'.D.e. BY:
'; :;,:;:>" ~ttest I' to Ch&1;u..1tiENNING, CHAIRMAN
Itgnlturt on1J.
Approved as to form and legal
s~
.if- ooJ" 'c:'WOi;?~ ~
County Attorney
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