Resolution 1996-342
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RESOLUTION NO. 96- 342
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AUG - 7 1996
A RESOLUTION APPROVING THE PRELIMINARY
ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL
AND ADOPTING SAME AS THF NON-AD VALOREM
ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE
UN[FORM METHOD OF COLLECTION PURSUANT TO
SECTION 197.3632, FLORIDA STATUTES, FOR SOLID
WASTE D[STRICT NO. 2 MUNICIPAL SERVICE BENEFIT
UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN
RESIDENTIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY
PURSUANT TO COLLIER COUNTY ORD[NANCE NO. 90-30,
AS AMENDED
WHEREAS, the Board of County Commissioners of Collier County,
F[orida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance
No. 90-30, as amended, creating two (2) Municipal Service Benefrt 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. 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.2 Municipa[ Service Benefit Unit as described herein and in
Collier County Ordinance No. 90-30, 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.
WHEREAS, the Board of County Commissioners on June 25, 1996,
adopted Resolution No. 96-298 fixing the date, time and place for the public
hearing to approve the preliminary assessment roll and to adopt the non-ad
valorem assessment ro[lto utilize the uniform method of collection pursuant to
Section 197.3632, F[orida Statutes; and
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OR: 2216 PG: 0931
AUG - 7 1996
WHEREAS, said public hearing was duly advertised and regularly held at
the Board of County Commissioners' Boardroom, Third Floor, Administration
Building, 3301 East Tamiami Trail. Naples, Florida, commencing at 5:05 p.m. on
August 7, 1996.
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 District No.2 Municipal Service Benefit Un~ 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 and make it final and adopt same as the Solid Waste
District No.2 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.2 Municipal Service Benefit Unit for FY
1996/97 is $107.30 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 fioal 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.
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OR: 2216 PG: 0932
AUG - 7 1998
SECTION TWO. Such assessments are hereby found and determined to
be levied in direct proportion to the special and pos~ive 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 District NO.2 Municipal Service Benefrt Unit which
is more particularly described as follows:
LEGAL FOR DISTRICT TWO
Beginning at the northwest corner of Townahip 47 South,
Range 27 East, Collier County, Florida; thence ea.t 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 49
South, Range 30 East; thence west along the township line for
Townships 49 and 50 South to the southwest corner to Section 34,
Township 49 South, Range 28 East; thence north along the section
lines to the northwest corner of Section 27, Township 47 South, Range
28 East; thence west along the section lines 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
Section 1, Township 48 South, Range 27 East; thence west along the
sections Jines to the southeast corner of Section 5, Township 48 South,
Range 27 East; thence south along the section lines to the southeast
corner of Section 20, Township 48 South, Range 27 East; thence west
along the section Jines to the southwest corner 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.
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.2 Municipal Service Benefit Un~ 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.
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
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*** OR: 2216 PG: 0933 *'*
AUG - 7 1998
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 attached Exhib~ "A", in the Official Records of Collier County. A
recorded copy of this Resolution and the attached Exhib~ "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
upon its passage.
This Resolution adopted this 7~ day of August, 1 ge6, after motion, second
and majority vote.
"
. :ATrEST) .'
, ; . DWIGHT E.ElROCK, CLERK
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County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, F OR A
BOO' OOlk 22