Resolution 2009-180
RESOLUTION NO. 2009 _ 1 80
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 THE SOLID WASTE MUNICIPAL
SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. I
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 units as defined in Collier
County Ordinance No. 2005-54, as amended, that are benefited by the collection and
disposal services. Said properties are located within the boundaries of Solid Waste
Municipal Service Benefit Unit, Service District No. I as described in Collier County
Ordinance No. 2005-54 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 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 Statues, Ordinance No. 2005-54, 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 Municipal Service Benefit Unit,
Service District No. I is necessary for funding the required payments for said collection
and disposal for a period of five (5) years beginning fiscal year 2010 and ending fiscal year
2014.
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 Municipal Service Benefit
Unit, Service District No. I for a period of five (5) years beginning fiscal year 2010 and
ending with fiscal year 2014 between the County and each property owner of lands within
the Solid Waste Municipal Service Benefit Unit, Service District No. I will be held on
September 15, 2009 beginning at 9:00 a.m.. in the Board of County Commissioners'
Boardroom, Third Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples,
Florida, at which time the Board of County Commissioners will hear objections from the
owners of the properties within the Solid Waste Municipal Service Benefit Unit, Service
District No. I 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 within said Unit, the name and post office
address of such person, firm or corporation, together with 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 Unit, 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 Municipal Service Benefit Unit, Service District No. I as
listed on the preliminary roll (non-ad valorem assessment roll) at the address provided for
on said roll.
form:
SECTION FOUR: Notice of such hearing shall be in substantially the following
NOTICE
Notice is hereby given that the Board of County Commissioners of Collier County,
Florida, will meet on September 15, 2009, beginning at 9:00 a.m., in the Board of County
Commissioners' Boardroom, Third Floor, W. Harmon Turner Building, 3301 East
Tamiami Trail, Naples, Florida, for the purpose of hearing objections, if any, by all
interested persons to the adoption of the preliminary assessment roll (non-ad valorem
assessment roll) allocating the assessable costs for collection and disposal of solid waste
within Solid Waste Municipal Service Benefit Unit, Service District No. I 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 eastern shoreline of the Gulf of
Mexico; thence easterly along said Lee-Collier county line to
the northeast comer of Section 12,Township 48 South,
Range 26 East; thence north along the east line of Range 26
East, Township 48 South to the northwest corner of Section
6, Township 48 South, Range 27 East, thence east along the
north line of Sections 6,5,4,3,2 and 1 of Township 47 South,
Range 27 East to the northwest comer of Section 1,
Township 48 South, Range 27 East; thence north along the
range line of Ranges 27 and 28 East to the northwest corner
of Section 30, Township 47 South, Range 28 East, also
known as the center line of Jmmokalee Road (CR 846);
thence east along the north section lines of Sections 30,29,
28, 27, 26 and 25 of Township 47 South, Range 28 East to
the northeast corner of Section 25, Township 47 South,
Range 28 East; thence south along the range line for Ranges
28 and 29 East to the northeast comer of Township 49 South
and Range 28 East; thence east along the township line for
Townships 48 and 49 South to the northeast corner of
Township 49 South and Range 30 East; thence south along
the range line for Ranges 30 and 31 East to the northeast
corner of Township 52 South and Range 30 East; thence east
along the township line for Townships 51 and 52 South to
the northeast corner of Township 52 South and Range 31
East; thence south along the range line for Ranges 31 and 32
East to the northeast corner of Township 53 South and
Range 31 East; thence east along the township line of
Townships 52 and 53 South to the northeast comer of
Township 53 South and Range 34 East, also being known as
the Collier-Miami-Dade county line; thence south along said
county line to the southeast corner of Section 36, Township
53 South, Range 34 East, also being known as the Collier-
Monroe county line; thence west along said county line to
the eastern 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 limits of the City of Naples and Everglades City.
Also, less and except all coastal barrier islands as defined by
Section 161.54 (2), Florida Statutes, which are not accessible
by bridges or causeways.
On October 11, 2005 the Board of Collier County
Commissioners entered into an Interlocal Agreement with
the City of Everglades City to provide trash collection
services as provided in Service District No. I.
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, W. Harmon Turner Building, Fourth Floor, 3301 East Tamiami Trail, Naples, Florida
and in the offices of the Collier County Utility Billing and Customer Service Department, 4420
Mercantile Avenue, Naples, FL 34104 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 within 20 days of this notice based upon
the grounds that it contains items which cannot 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 in part, or that it 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
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 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 units
located on the property. The total assessment for collection and disposal of solid waste shall not
exceed $200.00 per equivalent residential unit per year for the next five (5) years commencing
fiscal year 2010 and ending fiscal year 2014. This special assessment (non-ad valorem
assessment) will be collected by the Collier County Tax Collector on the owner's non-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 tax certificate to
be sold against the property, which may result in a loss of title 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. The record shall include the testimony and evidence upon which the
appeal is to be based.
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 its' passage.
This Resolution adopted this ~<6-&)' day of Ju.J..'L 2009, after motion, second and
majority vote. rI
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A:FTEST:....... '\,
.PW!GHT ;f:, B~O.CK, CLERK
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Approval as to form and legal Sufficiency:
Jenni~~~~
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLI~R/jOUNTY, FLORIDA
By: If~ d~
DONNA FIALA, CHAIRMAN
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