Resolution 1996-297
JUN 2 5 1996
RESOLUTION NO. 96 -297
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 SOLID
WASTE DISTRICT NO. 2 MUNICIPAL SERVICE
BENEFIT UNIT 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
unijs as defined in Collier County Ordinance No, 90-30, as amended, that are
benefited by the ccllection and disposal services, Said properties are located
wijhin the boundaries of Solid Waste District NO.2 Municipal Service Benefit Unit
as described in Collier County Ordinance No. 90-30 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 of 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. 90-30, as amended, and
other applicable provisions of law.
SECTION TWO: It is hereby found and determined that a special
assessment for the ccllection and disposal services for the Solid Waste District
No. 2 Municipal Service Benefit Unit is necessary for funding the required
payments for said collection and disposal for a period of five (5) years
ccmmencing wijh fiscal year 1996-97.
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 District No.2 Municipal Service Benefit Unit for a period of five (5)
100! 000 Pi'! 59
JUN 2 5 1996
years ccmmencing with fiscal year 1996-97 between the County and each
property owner of lands within the Solid Waste District No.2 Municipal Service
Benefit Unij will be held on August 7, 1996 at 5;05 p.m. at the Board of County
Commissioners' Boardroom, Third Floor, Administrative Building, 3301 East
Tamiami Trail, Naples, Florida, at which time the Board of County
Commissioners will hear objections of the owners of the properties wllhin the
Solid Waste District No. 2 Municipal Service Benefit Unit or other persons
interested therein, to the adoption of the preliminary assessment roll (non-ad
valorem assessment roll). The Clerk shall keep a reccrd in which shall be
inscribed, at the request of any person, firm or ccrporation having or claiming to
have any interest in any lot or parcel of land within said Un II, the name and post
office address of such person, firm or ccrporation, together wllh 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 Unll, not less than
twenty (20) days prior to said date of the hearing. Notice of such public hearing
to ccnslder 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 District No.2 Municipal Benefrt Unij 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 August 7, 1996, at 5:05 p,m., at the Board of
County Commissioners' Boardroom, Third Floor, Administration Building, 3301
East Tamlami Trail, Naples, Florida, for the purpose of hearing objections, if any,
of all interested persons to the adoption of the preliminary assessment roll (non-
ad valorem assessment roll) allocating the assessable ccsts for collection and
disposal of solid waste within Solid Waste District No. 2 Municipal Service
Benefrt Unij, which ccmprlses and includes those lands described as follows:
100! 000 Pi" 60
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JUN 2 5 1996
Beginning at the northwest comer 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 comer 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 comer 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 49 South, Range 30 East; thence west along the
township line for Townships 49 and 50 South to the southwest
comer to Section 34, Township 49 South, Range 28 East; thence
north along the section lines to the northwest comer of Section 27,
Township 47 South, Range 28 East; thence west along the section
lines to the southeast comer 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 Section 1, Township 48
South, Range 27 East; thence west along the sections lines to the
southeast corner of Section 5, Township 48 South, Range 27 East;
thence south along the section lines to the southeast comer of
Section 20, Township 48 South, Range 27 East; thence west along
the section lines to the southwest comer of Section 19, Township
48 South, 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, Administration Building, Fourth
Floor, 3301 East Tamiami Trail, Naples, Florida and in the offices of the County
Revenue Services Department, 2802 Horseshoe Drive, Naples, Florida, 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 wllhin 20 days of this notice based upon the grounds that it contains
lIems 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 ij 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
1001 000 PIer 61
JUN 2 5 1996
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 wllhin 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 unlls located on the property. The total
assessment for collection and disposal of solid waste shall not exceed $130.00
per equivalent residential unll per year for the next fIVe (5) years commencing
wllh Fiscal Year 1996197. This special assessment (non-ad valorem
assessment) will be collected by the Collier County Tax Collector on the owner's
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 lax certificate to be sold against the property which may result
in a loss of tij!e 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, which record includes the
testimony and evidence which the appeal Is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JOHN C. NORRIS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IslMaureen Kenyon
Deputy Clerk
(SEAL)
1001 000 PA'.[ 62
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JUN 2 5 1996
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 ij passage.
This Resolution adopted this
,;(5 day of ~
v
1996, after motion, second and majority vote,
. ATTE~!i '
. .DWlGHT'E,BROCK, CLERK
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1.;g~lsufliCiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
a..$2=d~
amlro Manahch
Chief Assistant County Attorney
1001 000 PAr,[ 63