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Agenda 09/15/2009 Item #17C Agenda Item No. 17C September 15. 2009 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to adopt resolutions approving the preliminary assessment rolls as the Cmal assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II, Special Assessment levied against certain residential properties within the unincorporated area of Collier County, The City of Marco Island and the City of Everglades City pursuant to Collier County Ordinance 2005-54, as amended. Revenues are anticipated to be $17,943,500. OBJECTIVE: Adoption of resolutions approving the preliminary assessment rolls as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II Special Assessment levied against certain residential properties within the unincorporated area of Collier County, The City of Marco Island and City of Everglades City pursuant to Collier County Ordinance 2005-54, as amended. ""- CONSIDERATION: On July 28, 2009 (Agenda Item l6C10) the Board of County Commissioners adopted two five year (intent) resolutions: one resolution for Solid Waste Municipal Service Benefit Units, Service District No. I and one for Service District No. II to set the date, time and place for a public hearing to approve a not-to-exceed special assessment (non-ad valorem assessment) to be levied against properties within the above Districts for a five year period. The resolutions established a 5-year assessment period beginning with FY2010 and ending with FY2014 and provided for a not-to-exceed price of$200.00 per year through FY2014. The adopted resolutions provided that annual rates would be adopted by resolutions to establish the rates for each of the five fiscal years. Adoption of the attached resolutions will accomplish the following: 1. Approve the preliminary FY2010 assessment rolls (on file with Minutes and Records, Clerk to the Board) assessing certain properties within identified areas of Collier County. 2. Approve using the preliminary rolls and any amendments thereto as the final rolls to be certified by the County Attorney as directed by prior Board action on December 19, 1995 (Agenda Item 12C4) before they are merged with the tax bills. 3. Approve using the preliminary rolls and any amendments thereto as the non ad- valorem assessment rolls for FY20l O. Upon adoption of these resolutions, all assessments shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes. -" Agenda Item No. 17C September 15, 2009 Page 2 of 13 FISCAL IMPACT: FY2010 annual rates will be $171.26 per equivalent residential unit for Solid Waste Municipal Service Benefit Unit, Service District No.1 and $163.18 per equivalent residential unit for Solid Waste Municipal Service Benefit Unit, Service District No. II. The rates were reviewed by the Board of County Commissioners during the FY2010 budget hearing on June 30, 2009. Funds will be deposited in Mandatory Trash Collection Fund (Fund 473) for collection fees in the proposed amounts of $17,034,800 for Solid Waste Municipal Service Benefit Unit, Service District No.1 and $908,700 for Solid Waste Municipal Service Benefit Unit, Service District No. II. Total anticipated revenues for FY2010 are $17,943,500. LEGAL CONSIDERATIONS: The Resolutions have been reviewed and approved for legal sufficiency by the County Attorney, and both are ready for Board action. This is a regular item requiring a majority vote. - JBW GROWTH MANAGEMENT IMPACT: There is no growth management impact for this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions approving the preliminary assessment rolls as the final rolls and adopting same as the non-ad valorem assessment rolls 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. I and Solid Waste Municipal Service Benefit Unit, Service District No. II Special Assessment levied against certain residential properties within the unincorporated area of Collier County, the City of Marco Island and the City of Everglades City pursuant to Collier County Ordinance 2005-54, as amended. PREPARED BY: Teresa A. Riesen, Revenue Manager, Utility Billing and Customer Service Department - Agenda Item No. 17C September 15, 2009 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17C Meeting Date: Recommendation to adopt resolutions approving the preliminary assessment rolls as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II, Special Assessment levied against certain residential properties within the unincorporated area of Collier County, The City of Marco Island and the City of Everglades City pursuant to Collier County Ordinance 2005-54, as amended. Revenues are anticipated to be $17,943,500. 9/15/20099:0000 AM Item Summary: Prepared By Teresa Riesen Revenue Manager Date Public Utilities UBCS 2/5/2009 9:35:42 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 8/14/20097:04 AM Approved By Joseph Bellone Operations Supervisor Date Public Utilities Public Utilities Operations 8/18/2009 12:27 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 8/19/20094:17 PM Approved By Daniel R. Rodriguez Solid Waste Director Date Public Utilities Solid Waste 8/21/2009 1 :51 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney Office 8/24/20093:29 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 8/2612009 2:32 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 81271200912:23 PM .cl_./I'-'.\" ____..J_'T"_~...\r__~___...4._\1,..,A ~ ___.4..____ L __.01 """ 1 C 0/ 1"'\ (V"'\{'\{\,,\ 1 ".., 0/ ""'f\.C1T T~ K-a. K A. n 'TO I 1"'\ A A ~T'l\. T () fA JI"'\ {\{\f'\ Agenda Item No. 17C September 15, 2009 Page 4 of 13 Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 8/27/200912:42 PM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 8/27/2009 1 :46 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 8/27/2009 5:37 PM .cl_.IJI'.\ A ____...l_"T'__4-\rn~__~_t_\l"')lt O___..j..__uL__.O/""'\f\l'=- 01 ,,",1\""'\i\I\f\\1"'7 ()1,",r.0TT~K""An'Tf1/,",f\",...r:1\.T (\ IA '''' i\f\() Agenda Item No. 17C September 15, 2009 Page 5 of 13 RESOLUTION NO. 2009 - A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD V ALOREM 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. I SPECIAL ASSESSMENT LEVIED AGAINST CERT AIN 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. I 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. Agenda Item No. 17C September 15, 2009 Page 6 of 13 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. I 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. I 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. I for FY 2010 is $171.26 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 Municipal Service Benefit Unit, Service District No. 1 which is more particularly 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 to the northeast comer of Section 5, Township 48 South, Range 25 East then South along the East line of Section 5, to the Northwest comer of Section 9, Township 48 South, Range 25 East 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 2 Agenda Item No. 17C September 15, 2009 Page 7 of 13 Township 47 South, Range 27 East to the northeast corner of Section I, 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 ~ast, also known as the center line of Immokalee 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 corner 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 corner 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. Also, less and except all coastal barrier islands as defined by Section 16154 (2), Florida Statutes that are not accessible by bridges or causeways. On October 11, 2005 the Board of Collier County Commissioners entered into an lnterlocal Agreement with the City of Everglades City to provide trash collection services as provided in Service District No. 1. 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. I shall be collected pursuant to Section 3 Agenda Item No. 17C September 15, 2009 Page 8 of 13 197,3632, 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. 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 _ day of motion, second and majority vote. , 2009, after ATTENT: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy DONNAF~A,CHA~AN Approved as to form and legal sufficiency: ~)\)~ Jennifer B~ . ite Assistant County Attorney 4 Agenda Item No. 17C September 15, 2009 Page 9 of 13 RESOLUTION NO. 2009 - 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. Agenda Item No. 17C September 15, 2009 Page 10 of 13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Board, ~aving 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 comer of Township 47 South, Range 27 East, Collier County, Florida; thence cast 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 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 comer of Township 46 South, Range 30 East; thence south along the Collier-Hendry county 2 Agenda Item No. 17C September 15, 2009 Page 11 of 13 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 comer of Section 24, Township 47 South, Range 2~ 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 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. 3 Agenda Item No. 17C September 15, 2009 Page 12 of 13 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 arid Records. SECTION SEVEN: This Resolution shall become effective immediately upon its passage. This Resolution adopted this _ day of motion, second and majority vote. , 2009, after A TTENT: DWIGHT E. BROCK, CLERK. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: ~-b'-W~~~ Jennifer . White Assistant County Attorney 4 September 15,2009 Page 13 of 13 N W*E S MONROE COUNTY', Co~l' County ~--- SERVICE D1STR1CTS DlSTRICTI:'jtr!,OlSTI<ICTII Collier County, Florida Solid Waste Collections District I & II This map is a representation of compiled public infonnation, It is believed to be an accurate and true depiction for the stated purpose, but Collier County and ils 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 not a survey nor is ~ to be used for design, Map Prepared by Collier County IT/GIS o 1,5 3 9 12 -=-= _ "_'_ =--Miles Scale: 1 :500,000