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Resolution 1998-369 2369819 OR: 2460 PG' 0529 RESOLUTION NO. 98 .369 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 1973632. FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 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 D~sposal 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 umts 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. 1 Municipa~ Service Benefit Unit as described herein and ~n Collier County Ordinance No 90-30. as amended, and WHEREAS, Sechon 1973632, Florida Slatutes. requires that a pubhc heanng be held to adopt a non ad-valorem assessment roll for purposes of uhlizing the uniform method of collection, and WHEREAS, said public heanng was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Building, 3301 East Tamiam~ Trad, Naples. FIo'rida, commencing at 9:00 am. on September 8, 1998 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: OR: 2460 PG: 0530 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 1 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 1 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. 1 Municipal Service Benefit Unit for FY 1998/99 is $110.26 per Residential Unit and in subsequent years shall not exceed $130.00 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 roll) 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 1~' 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 lhe Board, Minutes and Records and are ' ', OR: 2460 PG: 0531 Ioc~led within 1he Solid Wasle Distncl No. ~ Municipal Service Benefit Unit which is more particularly described as follows: LEGAL FOR DISTRICT ONE. P, oginning at tho, intcrsectim~ of thc, North line of N~,ction B, Township Smith, Range 25 l';~st als~) kn.wn as I.ho Ix~e. Colli(~r (',ouniy line and oaslern shoreline of Iho (lull of Moxicm thonce I';asl. alm~g said l~e-Collier County hne Io the norllmast corm,r of goclion 12, Township 26 East, 'l'ownshq~ ,18 ~md.h 1.o the soul.h(,asL (:orn(~r of S(~ct.mn 2,1, Township 4~ SouLh, I{:mge 2G Easl.; thenco (msl, nlong I.}m south lino g(,ctions 19 and 20, Township ,1~ S.uth, l(m~go 27 l':nsL h) tim sot~th(msl, cornor of Socl. ion 20; Ihonc<, nm'l h ;d.ng I lin east. h no .f ~<,t:l ions 20, 17 ~md ~ of Townshil) .I~ S.ulh. I~ange 27 I';nst h) tho soul}mast ~:orner Socl, ion 5, Township 4~ Smd. Ih l{ange 27 I';:~st; lhem:o o~,sl(,rly along the south line of Socl.ions.I, 3, 2 nnd I ofT.wnship .1H Soulh, I{ango 27 I.o the southeast corm, r of Socl. ion I, Township dH Smdh, I{nngn 27 East.; Ihon(m nord~ nlong lira o.sl, lino of ~ection I, 'l'~)wnship 48 ~otdh, 27 Enst; thonc:e ilorlh :ih)rig I}m (':tst lino t)Fgoclicms ;if; nmi 25, 'I'ownshil~ .17 ~outh, I{nnge 27 I';nst Io Ih~, smdhoasl, corner ol'Secl, ion 2,1, Township 47 ~otzth, Itango 27 Ensl.: thon(:o (,~lshwly :dmlg lira soul h Ii no of ~ocl, ions 19, 20 mid 21, Township ,17 Soulh, Ibmgo 2~ l';:~st 1.. lbo cornor of Section 21, I'ox~nship d7 Sotd,h, l{ango 28 l,;t~sl.; thonce soulhorly along tho wosl lino of Soctions 27 and 3,1, 'l'ownshil~ .17 Range 28 l';nst and (:onl,inuing aoul.lmrly ;dong tho xvest line o[' 3, lO, 15, 22, 27 and 3,1, Township ,IH Sm~lh, l{m~go 28 I,;nsl.; thence smdh along the west Imo .F~eclions 3, 10, 15, 22. 27 ~md 34, Township .19 South, l{nnge 28 East to tho southeast corn(,r of ~o(:l,ion 3d; thenco oaslmrly along i, he soul.h ]ino oF Socl,ions 34, 35 and 3{;, 'l'ownshil) ~oul.h, Range 2~ l';nsl.; l}wm:~ o.sl, along tho smdh lino (d' T~wnship 49 sotd,ho~lsf, corner of ~(,cl,i.n 36, 'l'owns}~q~ d9 ~oulh, t{~mg~ 30 I';ast, lmmg ~dso tho conterlim~ of AIligntor Alloy (I-75); lhenc(~ c(mtinuing along I,he centerlino of Alligalor Alley (1-75) t.o the n.rthotlst c. rm,r ~cl, ion ,I, Township 50 Soulh, Rnngo 31 Easl.; l.honco soulhorly .long tho east section line of Secti.ns .I, 9, IO. 21, 2~ and 33, I'ow ~sh'p 50 I{nnge 31 EasL; t. honce soul herly along the l';nst, soot.ion lino of ~(~ct ions d, 9, 16, 21, 28 nmi 3;l, T.wnship 51 South, Range 31 l';nsl,; Ihonc~ smd. h(.rly nlong the onsl, socl.ion lin(, oF goctions ,I, 9, 16, 21, 28 ~md Township 52 ~outh, Rnngo 31 I,;;~st,; thonco s. ulhorly nlong the onst socl.ion line of~ecl.ions 4, 9, 16, 21,2R and ;13, '['ownship 53 ~outh, 31 East 1o lho Collir, r-Monr.o c. nnl.y linc; l.l~(,t~:~ wesh, rly ;d.ng lbo c.unl.y lino I.o tho onsh, rly shor(,lin~ of lbo (;ull' iff Moxico: Woslorly nmi Norl.horly nhmg I)m w;lh,rs of tlm (gull' of' Moxico lo l xm. Collior courtly lino lining tho north linr~ oF Noel. ion 6, T(~wnship Soulh, Range25Eastnndtminglhe Point of l~eginning, l~ssnmlexcopt nil the lands Iocntod wil,hin lbo c. rp~ralo limil,s o1' I.he Cil.y .f Nnplos mid l';verglades CiLy. Also, less and oxcopL those bm'riot islands as described in Ordinance No. 90-;10, ns mnemled, 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. i 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 assessmenls on the same bill as ad valorem taxes shall be billed. OR: 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 and to the same extent as the lien for general county taxes failing 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 day of , ~,, ¢',., ,¢", 1998, after motion, / upon its passage. This Resolution adopted this . second and majority vote. 2460 PG: 0532 *** ATTEST: DWIGHT E. BROCK, CLERK Approved as to f~rm and legal sufl~iency: David C./eigel / County~ttorney -- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR'AR1 S.'