Resolution 2006-170
RESOLUTION NO. 2006 - 170
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. II 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. II
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 Statutes, 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. II is necessary for funding the required
payments for said collection and disposal for a period of three (3) years
commencing 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. II for a period of
three (3) years commencing fiscal year 2007 and ending fiscal year 2009
between the County and each property owner of lands within the Solid Waste
Municipal Service Benefit Unit, Service District No. II will be held on September
12. 2006 beainnina 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. II 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. II 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. beainnina 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. II 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 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
lmmokalee 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 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 Township 47 South, Range
27 East; thence west along the township line for
Townships 47 and 48 South to the southwest
corner of Township 47 South and 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 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 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 of
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 DlSTH day of 0(,,( i..y
second and majority vote.
2006, after motion,
ATTEST: '. ~
DWIGHT E. BROCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY~~-/
FRANK HALAS, CHAIRMAN
APR~d ~~~CienCY:
Robert N. Z ary
Assistant County Attorney