Resolution 2006-169
RESOLUTION NO. 2006 - 169
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. I 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. I 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 Statues, 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. I is necessary for funding the required
payments for said collection and disposal for a period of three (3) years beginning
fiscal year 2007 and ending fiscal year 2009.
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. I for a period of
three (3) years beginning fiscal year 2007 and ending with fiscal year 2009
between the County and each property owner of lands within the Solid Waste
Municipal Service Benefit Unit, Service District No. I will be held on September 12.
2006 beqinninq at 9:00 a.m.. in the Board of County Commissioners' Boardroom,
Third Floor, W. Harmon ,Turner 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 Municipal Service Benefit Unit,
Service District No. I 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. I 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 12, 2006, beginning at 9:00 a.m., in the
Board of County Commissioners' Boardroom, Third Floor, W. Harmon Turner
Building, 3301 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. I which comprises and includes those lands
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 along
said Lee-Collier county line to the northeast corner 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 Township
47 South, Range 27 East to the northwest corner of
Section 1, 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 East, 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 and Everglades City. Also, less and except
all coastal barrier islands as defined by Section 161.54
(2), Florida Statutes, that are not accessible by bridges
or causeways.
On October 11, 2005 the Board of Collier County
Commissioners entered into an Interlocal Agreement
with the City of Everglades City to provide trash
collection services as provided in Service District No. I.
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, 3301 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 cannot 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 in 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 $185.00 per equivalent residential unit per
year for the next three (3) years commencing fiscal year 2007 and ending fiscal year
2009. 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 d5 TH
second and majority vote.
day of JULY
2006, after motion,
ATTEST
DWIGHT E BROCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: - . .~ ~.::::ii?
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FRAf\JK HALAS, CHAIRMAN