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Resolution 2003-288 letn: mil TO Till BOARD IKTIROmCI 4'lH fLOOR JlT 7240 3259297 OR: 3396 PG: 3120 RIC !II mORDID in the OmCIAL RICORDS of COLLIIR coum, fL coms 09/15/2003 at 09 :30AII DWIGHT I. &lOCI, CLm 288 16C 3 RESOLUTION NO. 2003 . 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. 1 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.1 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 9, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 19.50 4.00 " 16C OR: 3396 PG: 3121 3 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. 1 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. 1 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. 1 Municipal Service Benefit Unit for FY 2003/04 is $134.75 per Residential Unit and in subsequent years shall not exceed $175.00 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 final 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 st of each subsequent year. 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.1 Municipal Service Benefit Unit which is more particularly described as follows: 2 OR: 3396 PG: 3122 LEGAL FOR DISTRICT ONE. 16C 3 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 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 corner 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 corner of Section I, 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 southerly 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 corner 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 corner 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 southerly 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 limits of the City of Naples and Everglades City. Also, less and except those barrier islands as described in Ordinance No. 90-30, as amended. 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.1 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 3 ttt OR: 3396 PG: 3123 ttt assessable improvements not so made Sh! ~ c~sideJ 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. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the attached Exhibit "Au, in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit "AU 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 q4 day OfStpunbu::, 2003, after motion, second and majority vote. ~. _. . . 'If Al'TEST: BOARD~F C NTY C MMISSIONERS :'. DWIGHT E: B~OCK, CLERK COLLIER C NTY, RIDA. ~"euf~~'.D.e. BY: '; :;,:;:>" ~ttest I' to Ch&1;u..1tiENNING, CHAIRMAN Itgnlturt on1J. Approved as to form and legal s~ .if- ooJ" 'c:'WOi;?~ ~ County Attorney 4