Resolution 2002-324
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RESOLUTION NO. 2002 - 324
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 DISTRICT NO. 2 MUNICIPAL SERVICE
BENEFIT UNIT 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. 90-30, as amended, that are benefited by the collection
and disposal services. Said properties are located within the boundaries of Solid Waste
District No. 2 Municipal Service Benefit Unit as described in Collier County Ordinance
No. 90-30 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. 90-30, 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 District No. 2 Municipal
Service Benefit Unit is necessary for funding the required payments for said collection
and disposal for a period of three (3) years commencing fiscal year 2002103 and ending
fiscal year 2004/05.
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 District No. 2
Municipal Service Benefit Unit for a period of three (3) years commencing fiscal year
2002/03 and ending fiscal year 2004/05 between the County and each property owner of
lands within the Solid Waste District No.2 Municipal Service Benefit Unit will be held on
September 10. 2002 beainnina at 9:00 am in the Board of County Commissioners'
Boardroom, Third Floor, W. Harmon Tumer Building, 3301 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 District No.2 Municipal Service Benefit
Unit 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 District No. 2 Municipal Benefit Unit 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 10. 2002. beainnina at 9:00 am, in the Board of
County Commissioners' Boardroom, Third Floor, W. Harmon Turner Building, 3301 East
- .,..
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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 District No.2 Municipal Service Benefit Unit, 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 49
South, Range 30 East; thence west along the
township line for Townships 49 and 50 South to the
southwest corner of Section 34, Township 49 South,
Range 28 East; thence north along the section lines
to the northwest corner of Section 27, Township 47
South, Range 28 East; thence west along the section
lines 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 comer of Section 1, Township 48 South,
Range 27 East; thence west along the sections lines
to the southeast corner of Section 5, Township 48
South, Range 27 East; thence south along the
section lines to the southeast corner of Section 20,
Township 48 South, Range 27 East; thence west
along the section lines to the southwest corner of
Section 19, Township 48 South, 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 Tumer Building, Fourth Floor, 3301 East
Tamiami Trail, Naples, Florida and in the offices of the Collier County Utility Billing and
Customer Service Department, 2685 S. Horseshoe Drive, Suite 103, 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 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 units located on the property. The total assessment for collection and
disposal of solid waste shall not exceed $175.00 per equivalent residential unit per year
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for the next three (3) years commencing fiscal year 2002103 and ending fiscal year
2004/05. 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.
Board of County Commissioners
Collier County, Florida
James N. Coletta, Chairman
Dwight E. Brock, Clerk
By: Is/Maureen Kenyon
Deputy Clerk
(SEAL)
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.
Th'. ..",'ution adopted "',. "2,tyJ{) day of ~ 2002, afte,
motion, second and majority vote.
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.' ~:'owiG.l:tT J;~SROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
N. COLETTA, CHAIRMAN
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-<. :;~;:>.'>- signature onl1.
Approved as to form and legal sufficiency:
Z3;~
Assistant County Attorney