Resolution 1996-298
JUN 2 5 1996
RESOLUTION NO. 96 -'QA
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. 1 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
un~s as defined in Collier County Ordinance No. 90-30, as amended, that are
benefited by the collection and disposal services. Said properties are located
~in the boundaries of Solid Waste District No.1 Municipal Service Benefrt Un~
as described in Collier County Ordinance No. 90-30 as amended, and more
particularty 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 collection and disposal services for the Solid Waste District
No. 1 Municipal Service Benefit Un~ is necessary for funding the required
payments for said collection and disposal for a period of five (5) years
commencing w~h 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 JI1}l collection and disposal of solid waste in
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JUN 2 5 1996
Solid Waste District No. 1 Municipal Service Benefrt Un~ for a period of five (5)
years commencing w~h fiscal year 1996-97 between the County and each
property owner of lands w~hin the Solid Waste District No. 1 Municipal Service
Benefit Unn will be held on August 7, 1996 at 5:05 p.m. at the Board of County
Commissioners' Boardroom, Third Floor, Administration Building, 3301 East
Tamiami Trail. Naples, Florida, at which time the Board of County
Commissioners will hear objections of the owners of the properties wnhin the
Solid Waste District No. 1 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 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 w~hin said Un~, the name and post
office address of such person, firm or corporation, together w~h 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 Un~, 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 District No. 1 Municipal Benefit Un~ 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
Tamiami 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 costs for collection and
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JUN 2 5 1996
disposal of solid waste within Solid Waste District No. 1 Municipal Service
Benefit Unit, which comprises and includes those lands described as follows:
Beginning at the intersection of the North line of Section 6,
Township 48 South, Range 25 East also known as the Lee-Collier
county line and the eastem shoreline of the Gulf of Mexico; thence
East along said Lee-Collier county line to the northeast corner of
Section 12, Township 48 South, Range 26 East; thence South
along the easterly line of Range 26 East, Township 48 South to the
southeast comer of Section 24, Township 48 South, Range 26
East; thence east along the south line of Sections 19 and 20,
Township 48 South, Range 27 East to the southeast corner of
Section 20; thence north along the east line of Sections 20, 17 and
8 of Township 48 South, Range 27 East to the southeast corner of
Section 5, Township 48 South, Range 27 East; thence easterly
along the south line of Sections 4, 3, 2 and 1 of Township 48
South, Range 27 East to the southeast comer of Section 1,
Township 48 South, Range 27 East; thence north along the east
line of Section 1, Township 48 South, Range 27 East; thence north
along the east line of Sections 36 and 25, Township 47 South,
Range 27 East to the southeast corner of Section 24, Township 47
South, Range 27 East; thence easterly along the south line of
Sections 19, 20 and 21, Township 47 South, Range 28 East to the
southeast corner of Section 21, Township 47 South, Range 28
East; thence southerty along the west line of Sections 27 and 34,
Township 47 South, Range 28 East and continuing southerly along
the west line of Sections 3, 10, 15, 22, 27 and 34, Township 48
South, Range 28 East; thence south along the west line of
Sections 3, 10, 15, 22, 27 and 34, Township 49 South, Range 28
East to the southeast comer of Section 34; thence easterly along
the south line of Sections 34, 35 and 36, Township 49 South,
Range 28 East; thence east along the south line of Township 49
South, Range 29 East and Township 49 South, Range 30 East to
the southeast comer of Section 36, Township 49 South, Range 30
East, being also the centerline of Alligator Alley (1-75); thence
continuing easterly along the centerline of Alligator Alley (1-75) to
the northeast corner of Section 4, Township 50 South, Range 31
East; thence southerly along the east section line of Sections 4, 9,
16, 21, 28 and 33, Township 50 South, Range 31 East; thence
southerty along the East section line of Sections 4, 9, 16, 21, 28
and 33, Township 51 South, Range 31 East; thence southerly
along the east section line of Sections 4, 9, 16, 21, 28, and 33,
Township 52 South, Range 31 East; thence southerly along the
east section line of Sections 4,9, 16,21,28 and 33, Township 53
South, Range 31 East to the Collier-Monroe county line; thence
westerly along the said county line to the easterly shoreline of the
Gulf of Mexico; thence Westerly and Northerly along the waters of
the Gulf of Mexico to the Lee-Collier county line being the north line
of Section 6, Township 48 South, Range 25 East and being the
Point of Beginning. Less and except all the lands located within the
corporate lim~s of the C~ of Naples and Everglades City. Also,
less and except those barrier islands as described in Ordinance
No. 90-30, as amended.
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 Govemment ~l\lIlr, Administration Building, Fourth
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JUN 2 5 1996
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 wnhin 20 days of this notice based upon the grounds that n contains
~ems 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 ~ exceeds the
power of the Board. At the completion of the hearing, the Board shall e~her
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 un~s located on the property. The total
assessment for collection and disposal of solid waste shall not exceed $130.00
per equivalent residential un~ per year for the next five (S) years commencing
with Fiscal Year 1996/97. 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
!OO~ (Jon ". 71
JUN 2 5 1996
taxes will cause a tax certificate to be sold against the property which may result
in a loss of mle 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: Isl Maureen Kenyon
Deputy Clerk
(SEAL)
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 ~ passage.
This Resolution adopted this
,;z..j
day of ~
C/
1996, after motion, second and majority vote.
ArieS;':",
'DWlGHT,E..BROCK, CLERK
,(:'. ~'~U'~;i1 /fr/1Jt.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
<
.:c~
HN C. NORRIS, CHAIRMAN
.,.,.t\pprovecl as to form and
legal' sufficiency:
a:. ~#2=4e
amiro Manall6h
Chief Assistant County Attomey
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000 PAlE 72