Resolution 2002-378
lata:
CLIB to '0 BOlIO
Ilmorrrcl 4,. nool
lIT 7240
3044924 OR: 3109 PG: 1620
DCOIDIO lD tbe OrnCIA!. RICOID! of COLLIII comy, PL DC 1II
01/12/2002 at 12:31'1 DUGIT I, BlOCI, CLIII COPIlI
RESOLUTION NO. 2002. 37 B
.SB
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. 2 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.2 MunicipCjI Servic? 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 10, 2002.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
19.50
4.00
,~ Ji4.'
"~
. .
OR: 3109 PG: 1621
__ 88 '~II
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. 2 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. 2 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. 2 Municipal Service Benefit Unit for FY
2002/03 is $127.27 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 roil), 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 1st 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.2 Municipal Service Benefit Unit which
is more particularly described as follows:
2
LEGAL FOR DISTRICT TWO
OR: 3109 PG: 1622
88
.
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 to 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 corner 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.
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.2 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
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
*t* OR: 3109 PG: 1623 t**
88
..
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 "A", in the Official Records of Collier County. A
recorded copy of this Resolution and the attached Exhibit "A" 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/e>~day of ~.n:::..1.:.........-2002, after motion,
second and majority vote.
...,' 'ATTEST:
. " DWIGHl';E. BROCK, CLERK
~":~=~~;,~~~e
At est as to Chatrlln"
, signature onl~.
. Approved as tb form and legal
~UffiCi C'
,vA-~
~ David C. Weig .
County Attorney
BY:
JAMES N. COLETTA, CHAIRMAN
4