Agenda 09/15/2009 Item #17C
Agenda Item No. 17C
September 15. 2009
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to adopt resolutions approving the preliminary assessment rolls as
the Cmal assessment rolls and adopting same as the non-ad valorem assessment rolls
for purposes of utilizing the uniform method of collection pursuant to Section
197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service
District No. I and Service District No. II, Special Assessment levied against certain
residential properties within the unincorporated area of Collier County, The City of
Marco Island and the City of Everglades City pursuant to Collier County
Ordinance 2005-54, as amended. Revenues are anticipated to be $17,943,500.
OBJECTIVE: Adoption of resolutions approving the preliminary assessment rolls as
the final assessment rolls and adopting same as the non-ad valorem assessment rolls for
purposes of utilizing the uniform method of collection pursuant to Section 197.3632,
Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I
and Service District No. II Special Assessment levied against certain residential
properties within the unincorporated area of Collier County, The City of Marco Island
and City of Everglades City pursuant to Collier County Ordinance 2005-54, as amended.
""-
CONSIDERATION: On July 28, 2009 (Agenda Item l6C10) the Board of County
Commissioners adopted two five year (intent) resolutions: one resolution for Solid Waste
Municipal Service Benefit Units, Service District No. I and one for Service District No. II
to set the date, time and place for a public hearing to approve a not-to-exceed special
assessment (non-ad valorem assessment) to be levied against properties within the above
Districts for a five year period. The resolutions established a 5-year assessment period
beginning with FY2010 and ending with FY2014 and provided for a not-to-exceed price
of$200.00 per year through FY2014. The adopted resolutions provided that annual rates
would be adopted by resolutions to establish the rates for each of the five fiscal years.
Adoption of the attached resolutions will accomplish the following:
1. Approve the preliminary FY2010 assessment rolls (on file with Minutes and
Records, Clerk to the Board) assessing certain properties within identified areas
of Collier County.
2. Approve using the preliminary rolls and any amendments thereto as the final rolls
to be certified by the County Attorney as directed by prior Board action on
December 19, 1995 (Agenda Item 12C4) before they are merged with the tax
bills.
3. Approve using the preliminary rolls and any amendments thereto as the non ad-
valorem assessment rolls for FY20l O.
Upon adoption of these resolutions, all assessments shall be collected pursuant to Section
197.3632, Florida Statutes, or any successor statutes authorizing the collection of such
assessments on the same bill as ad valorem taxes.
-"
Agenda Item No. 17C
September 15, 2009
Page 2 of 13
FISCAL IMPACT: FY2010 annual rates will be $171.26 per equivalent residential unit
for Solid Waste Municipal Service Benefit Unit, Service District No.1 and $163.18 per
equivalent residential unit for Solid Waste Municipal Service Benefit Unit, Service
District No. II. The rates were reviewed by the Board of County Commissioners during
the FY2010 budget hearing on June 30, 2009. Funds will be deposited in Mandatory
Trash Collection Fund (Fund 473) for collection fees in the proposed amounts of
$17,034,800 for Solid Waste Municipal Service Benefit Unit, Service District No.1 and
$908,700 for Solid Waste Municipal Service Benefit Unit, Service District No. II. Total
anticipated revenues for FY2010 are $17,943,500.
LEGAL CONSIDERATIONS: The Resolutions have been reviewed and approved for
legal sufficiency by the County Attorney, and both are ready for Board action. This is a
regular item requiring a majority vote. - JBW
GROWTH MANAGEMENT IMPACT: There is no growth management impact for
this item.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolutions approving the preliminary assessment rolls as the final rolls and adopting
same as the non-ad valorem assessment rolls 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 No. I and Solid Waste Municipal Service Benefit
Unit, Service District No. II Special Assessment levied against certain residential
properties within the unincorporated area of Collier County, the City of Marco Island and
the City of Everglades City pursuant to Collier County Ordinance 2005-54, as amended.
PREPARED BY: Teresa A. Riesen, Revenue Manager, Utility Billing and Customer
Service Department
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Agenda Item No. 17C
September 15, 2009
Page 3 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
17C
Meeting Date:
Recommendation to adopt resolutions approving the preliminary assessment rolls as the final
assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of
utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for
Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II,
Special Assessment levied against certain residential properties within the unincorporated
area of Collier County, The City of Marco Island and the City of Everglades City pursuant to
Collier County Ordinance 2005-54, as amended. Revenues are anticipated to be
$17,943,500.
9/15/20099:0000 AM
Item Summary:
Prepared By
Teresa Riesen Revenue Manager Date
Public Utilities UBCS 2/5/2009 9:35:42 AM
Approved By
Teresa Riesen Revenue Manager Date
Public Utilities UBCS 8/14/20097:04 AM
Approved By
Joseph Bellone Operations Supervisor Date
Public Utilities Public Utilities Operations 8/18/2009 12:27 PM
Approved By
Thomas Wides Operations Director Date
Public Utilities Public Utilities Operations 8/19/20094:17 PM
Approved By
Daniel R. Rodriguez Solid Waste Director Date
Public Utilities Solid Waste 8/21/2009 1 :51 PM
Approved By
Jennifer White Assistant County Attorney Date
County Attorney County Attorney Office 8/24/20093:29 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 8/2612009 2:32 PM
Approved By
James W. Delony Public Utilities Administrator Date
Public Utilities Public Utilities Administration 81271200912:23 PM
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Agenda Item No. 17C
September 15, 2009
Page 4 of 13
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
8/27/200912:42 PM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
8/27/2009 1 :46 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
8/27/2009 5:37 PM
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Agenda Item No. 17C
September 15, 2009
Page 5 of 13
RESOLUTION NO. 2009 -
A RESOLUTION APPROVING THE PRELIMINARY
ASSESSMENT ROLL AS THE FINAL ASSESSMENT
ROLL AND ADOPTING SAME AS THE NON-AD
V ALOREM 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 NO. I SPECIAL ASSESSMENT LEVIED
AGAINST CERT AIN 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 COUNTY), 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 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. 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 No. 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, Harmon Turner Building,
3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 15,
2009.
Agenda Item No. 17C
September 15, 2009
Page 6 of 13
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 No. 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 No. 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 No. I for FY 2010 is
$171.26 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 No. 1 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 to the northeast comer of Section 5, Township 48
South, Range 25 East then South along the East line of Section 5,
to the Northwest comer of Section 9, Township 48 South, Range
25 East along said Lee-Collier county line to the Northeast comer
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
2
Agenda Item No. 17C
September 15, 2009
Page 7 of 13
Township 47 South, Range 27 East to the northeast corner of
Section I, 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 ~ast, 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 16154 (2), Florida Statutes that are not accessible by
bridges or causeways.
On October 11, 2005 the Board of Collier County Commissioners
entered into an lnterlocal Agreement with the City of Everglades
City to provide trash collection services as provided in Service
District No. 1.
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 No. I shall be collected pursuant to Section
3
Agenda Item No. 17C
September 15, 2009
Page 8 of 13
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 _ day of
motion, second and majority vote.
, 2009, after
ATTENT:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy
DONNAF~A,CHA~AN
Approved as to form and legal sufficiency:
~)\)~
Jennifer B~ . ite
Assistant County Attorney
4
Agenda Item No. 17C
September 15, 2009
Page 9 of 13
RESOLUTION NO. 2009 -
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 NO. 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 COUNTY), 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 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. 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 No. 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, Harmon Turner Building,
3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 15,
2009.
Agenda Item No. 17C
September 15, 2009
Page 10 of 13
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: The Board, ~aving 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 No. 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 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 No. 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 No. II for FY 2010 is
$163.18 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 No. II which is more particularly
described as follows:
Beginning at the northwest comer of Township 47
South, Range 27 East, Collier County, Florida; thence
cast along the Collier-Lee county line also the
township line to the northeast comer 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 comer of Township 46 South, Range 30
East; thence south along the Collier-Hendry county
2
Agenda Item No. 17C
September 15, 2009
Page 11 of 13
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
comer of Section 24, Township 47 South, Range 2~
East; thence south along the range line for Ranges 27
and 28 East to the southeast comer of Township 47
South, Range 27 East; thence west along the township
line for Townships 47 and 48 South to the southwest
comer of Township 47 South and Range 27 East;
thence north along the range lines for Ranges 26 and
27 East to the northwest comer 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 and Disposal Services within Solid Waste Municipal
Service Benefit Unit, Service District No. 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.
3
Agenda Item No. 17C
September 15, 2009
Page 12 of 13
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 arid Records.
SECTION SEVEN: This Resolution shall become effective immediately upon
its passage.
This Resolution adopted this _ day of
motion, second and majority vote.
, 2009, after
A TTENT:
DWIGHT E. BROCK, CLERK.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy
DONNA FIALA, CHAIRMAN
Approved as to form and legal sufficiency:
~-b'-W~~~
Jennifer . White
Assistant County Attorney
4
September 15,2009
Page 13 of 13
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SERVICE D1STR1CTS
DlSTRICTI:'jtr!,OlSTI<ICTII
Collier County, Florida
Solid Waste Collections
District I & II
This map is a representation of compiled public infonnation, It is
believed to be an accurate and true depiction for the stated purpose,
but Collier County and ils employees make no guarantees, implied or
otherwise as to the accuracy of completeness, We therefore do not
accept any responsibilities as to its use, This is not a survey nor is
~ to be used for design,
Map Prepared by Collier County IT/GIS
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Scale: 1 :500,000