Resolution 2009-212RESOLUTION NO. 2009 - 212
A RESOLUTION APPROVING THE PRELIMINARY
ASSESSMENT ROLL AS THE FINAL ASSESSMENT
ROLL AND ADOPTING SAME AS THE NON -AD
VALOREM ASSESSMENT ROLL FOR PURPOSES OF
UTILIZING THE UNIFORM METHOD OF
COLLECTION PURSUANT TO SECTION 197.3632,
FLORIDA STATUTES, FOR SOLID WASTE
MUNICIPAL SERVICE BENEFIT UNIT, SERVICE
DISTRICT NO. II SPECIAL ASSESSMENT LEVIED
AGAINST CERTAIN RESIDENTIAL PROPERTIES
WITHIN THE UNINCORPORATED AREA OF COLLIER
COUNTY PURSUANT TO COLLIER COUNTY
ORDINANCE NO. 2005-54, AS AMENDED
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, Harmon Turner Building,
3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 15,
2009.
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 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 2010 is
$163.18 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 �@f 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
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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.
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.
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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 ISM
motion, seca •grid majority vote.
day of,7 EpTEhn -8b'P , 2009, after
ATTRNP. BOARD OF CONNTY COMMISSIONERS
DV IGI _J17 E Bib ; =CLERK COLLIER C;7 TY, FLORIDA
BY: �-,
t�q" C'4 WOW DONNA FIALA, CHAIRMAN
Approved as to form and legal sufficiency:
Jennifer If White
Assistant County Attorney
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Coi[i"er County
Map Prepared by Collier County IT/GIS
SERVICE DISTRICTS Collier County, Florida
DSTRICTI :.,a 09TRICTII
Solid Waste Collections
District 1 & 11
0 1.5 3 8 9 12
Milos
This map is a representation of compiled public information. It is
believed to be an accurate and true depiction for the stated purpose,
but Collier County and its employees make no guarantees, implied or
otherwise as to the accuracy of completeness. We therefore do not
accept any responsibilities as to its use. This is rat a survey nor is
it to be used for design.
scale: 1:500,000