Resolution 2005-314
RESOLUTION NO. 2005. 314
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 DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT
UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN
RESIDENTIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY
PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30,
AS AMENDED
WHEREAS, the Board of County Commissioners of Collier County,
Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance
No. 90-30, as amended, 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. 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 Municipal 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, 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 13, 2005.
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that:
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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 Unit 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 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 2005
is $144.26 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 District No.2 Municipal Service Benefit Unit which
is more particularly described as follows:
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LEGAL FOR DISTRICT TWO
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
comer 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 comer of
Township 48 South, Range 30 East; thence west along the township line for Townships 48 and
49 South to the southwest comer of Township 48 South, Range 29 East; thence north along range
line for Ranges 28 and 29 East to the southwest comer 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 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 comer of Township 47 South, Range 27 East;
thence west along the township line for Townships 47 and 48 South to the southwest comer of
Township 47 South and Range 27 East; thence north along the range lines for Ranges 26 and 27
East to the northwest comer 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 Unit 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 rolls, in the Official Records of Collier County. A
recorded copy of this Resolution and the referenced rolls 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 13~ day of SI:/;,-,:", 4G~ 2005, after motion,
second and majority vote.
J.\r:re~T:- .',_ BOARD OF COUNTY COMMISSIONERS
- ,6bWIGI;iT ~:.:-aROCK, CLERK COLLIER COUNTY, FLORIDA
" ,,' fuJ-W. ~
.~; b' ~'~ BY:
- ;>'~:' ."~ ~.O.c.
' .'~ ", ftis ,.' Fred W. Coyle, Chair. n
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;,:, -; -.,;(~~rlf.v~.d'-as to form
"'~,And gal 'ciency: ~
-t""David C. eigel
County Attorney
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