Resolution 2023-160 CK
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RESOLUTION NO. 2023 - 1 60 co 0
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A RESOLUTION APPROVING THE PRELIMINARY co ii
ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND Q o Q
ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT a N 0
ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD co , D o
OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA N
STATUTES,FOR SOLID WASTE MUNICIPAL SERVICE BENEFIT o w z
UNIT, SERVICE DISTRICT NO. II SPECIAL ASSESSMENT N o = D o
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LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES Lo W " O o
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WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTYceo
PURSUANT TO COLLIER COUNTY ORDINANCE NO. 2005-54. w _J o w
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WHEREAS,the Board of County Commissioners of Collier County, Florida, (hereinafter
referred to as COUNTY), adopted Collier County Ordinance No. 2005-54 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. 2005-54, as amended, that are benefited by the
solid waste collection and disposal services. Said properties are located within the boundaries of
Solid Waste Municipal Service Benefit Unit, Service District No. II as described herein and in
Collier County Ordinance No. 2005-54, 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, W. Harmon Turner Building, 3299 East
Tamiami Trail,Naples, Florida, commencing at 9:00 a.m. on September 12, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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 Municipal Service Benefit Unit,
Service District No. II 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
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the Solid Waste Municipal Service Benefit Unit, Service District No. II 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 Municipal Service Benefit Unit, Service District No. II for FY 2024 is $249.29 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. 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.
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 Municipal Service Benefit Unit,
Service District No. II which is more particularly 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 Immokalee 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.
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 Municipal Service Benefit Unit, Service
District No. II 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.
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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 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
referenced roll, in the Official Records of Collier County. A recorded copy of this Resolution and
the referenced roll 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 12`h day of September, 2023, after motion, second and
majority vote.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
^� 40414.4ac BY: 67d
Attest as to
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lerk Rick LoCastro, Chairman
signattare one -4A
Appre ='; . ;y j o n -- legality:
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Jeffrey •I 111 zkow, County Attorney
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