Resolution 1998-053
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RESOLUTION NO. 98-..5..3
A RESOLUTION OF THE BOARD OF COUNTY COMlYfISSIONERS OF
COLLIER COUNTY, FLORIDA, SETTING FORTI1 ITS INTENT TO USE
THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM
ASSESSMENTS FOR INTERIM GOVERNMENTAL SERVICES FEES
WITHIN THE UNINCORPORA TED AREA AND THE IN CO R PORA TED
AREAS OF COLLIER COUNTY.
WHEREAS, the Doard of Counly CommbsionC'rs of Collier COllnty, Florida, Olercinafter referred
to as Board or County) has determined Illat certain coSls of government services provided to identified
parcels of real property should be paid for Iluongh the development and imposition of interim
governmenul services fees imposed upon such parcels; and
WHEREAS, the Board has determined iliat a non-ad valorem assessment is the most feasible
meiliod to impose to collect interim governmental services fees against properties wi 111 in tlle
unincorporated and incorporated areas of Collier County; and ,
\VHEREAS, l11e Board has identified and recognizes a need for the levy of a non-ad valorem
assessment for the interim governmenul services fees and ~Iects to use tIle uniform method of collecting
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such assessmenl<o;; and
WHEREAS, Section 197.3632. Florida Statutes. provides for tIle uniform method of collecting
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non-ad valorem assessments and said Section requires iliat the County adopt a resolution at a public
hearing prior to January 1 or. if the property appraiser. ux collector and local goverrunent agree. March
1. suting its inlent to use the uniform method of colkcting non-ad valorem assessments. and the Counly
has previously adoprl.'d Resolution 97-470 to that end and now adopts iliis Resolution for purposes of
c1arificarion; and
WHEREAS. Section 197.3632. Florida Srarures, also requires iliat the County publish notice of'
its intent to use t1le uniform method of collecting non-ad valorem assessments weekly in a newspaper of
general circul::Jtion within the County (or four consecutive weeks prior to ilie bearing; and
WHEREAS. tl1e County bas published the required notices.
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NOW. THEREFORE. BE IT RESOL \'ED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA that:
1. There is a nef'd for the le\-')' of non-ad valorem aSSl'ssment to provide for the imposition
and collection of interim governmental services fcC's.
2. It is Ill~ County's intent 10 lIse rIll' uniform llll'thod of colll'cting non-ad valorem
assessments for interim governmental services fces for the provision of general governmental services
within Collier County. Thc non-ad valorem asscssments Icvied for the interim governmental services
fees against t1le properties located within the unincorporated area and incorporated areas of Collier
County, Florida. that receive a certificate of occupancy between July J. and tIle following June 30 of each
year that are not sho\l.o"Tl as an improvement to the real property on t1le ad valorem tax bill may be
collected utilizing thc uniform metl10d for collecting such non-ad valorem assessments as provided in
Section 197.3632. Florida Statutes. The special -assessment to ~ levied as the non-ad valorem assessment
shall pay for the enhanced County services provided by the County within both tl1e unincorporated and
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incorporated areas of Collier Count}' by virnJe 'of the existence of the said improvement{s) on tJlC real
property and the use, occupancy or potential use or occupancy of tl1e improved property. The spe-cial
assessment is for the interim governmental'services fees that are imposed on tlle improved real property
being given a certificate of occupancy for the portion of a fiscal year or years remaining subsequent to
tl1e issuance b)' tl1e County of the certificate of occupancy.
3. It is also the County's intent to use the uniform method of co1\ecting non-3d valorem
assessments for interim municipal governmcnt31 services fees for tl1e unincorporated area of Collier
County, and for an)' municipality witllin Cottier Count)' that consents pursuant to S('ction 12$.0I(l)(q).
Florid::! Statutes. The County recosnizcs the requirement of Section l:!S.OI(l)(q). Florida Statutes. that
pro....ides tJlat tl1e bound::!ries of a municipal service benefit unit may include all or part of the boundari~
of a municipalil}' (in addition to all or part of tl1e unincorporated area) subject 10 tl1e consent by ordinance
of the go....erning body of tl1e affected mlUlicipality givcn eitl1er annually or for a term of years. .If the
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governing bod)' of a municipality docs not adopt a consent ordinance referenced in Section 12S.01(l)(q).
Florida Statutes. by ~brch 1. 1998, then no pro~r'ies within such municipality shall be included witl1in
thc interim government.:ll scrvices fees municipal service benefit unit. If no municipality consents
Iluough its governing body for all or a part of its municipal boundaries to be included in such benefit
unit, the County intcnds to use tIle unifonn metIlod of collecting non-ad valorem assessments for interim
municipal government.11 services fees for the unincorporated area of Collier County. and for interim
county governmental service fees for the entire area of the County.
4. A legal description of the boundaries of tl1e real property subject to the levy under Section
2 is provided in l11e document t'ntitled "COLLIER COUNTY" attached hereto. A legal description of
the boundaries of tl1e real property subject to tl1e levy under Section 3 is set forth in t1le same document;
except that no part of tIle properties described in Exhihits "A" (City of Naples). "0" (City of Everglades)
and "C" (eir)' of Marco Island) atuched hereto and made a part hereof shall be subject to tIle levy under
Section 3 witl10ut tIle consent of t1le respective municipalities therein described.
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5. A copy of tl1is Resolution shall'be mailed by United Sutes Mail to the Collier Count}'
Property Appraiser. tIle Collier County Tax Collector. and tl1e State of Florida Department oCRevenue
by March 10. 1998.
6. This non-ad valorem assessment is a one time assessment upon improved real property
for interim governmental services fees.
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This Resolution adopted tl1is 2~th day of February. 1998, after motion, second and majority vote.
DATED: February :!~. 1997
ATTEST:
.:.' DWIGHT E. BROCK, CLE~
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
BY:~~
BA . }\~A B. B RY " al 311
Approved as to form and
legal sufficiency: .
. ~Q" ~~iI-
David C. Weigel
County Attorne)'
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