Resolution 2001-298
RESOLUTION NO. 2001 298
16C 10
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 DISTRICT NO. 1 MUNICIPAL SERVICE
BENEFIT UNIT FOR SOLID WASTE COLLECTION
AND DISPOSAL SERVICES.
WHEREAS, the Board of County Commissioners of Coliier 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. 90-30, as amended, that are benefited by the collection
and disposal services. Said properties are located within the boundaries of Solid Waste
District No. 1 Municipal Service Benefit Unit as described in Collier County Ordinance
No. 90-30 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 coliection.
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 Statutes, Ordinance No. 90-30, as amended, and other
applicable provisions of law.
SECTION TWO: It is hereby found and determined that a speCial assessment
for the coliection and disposal services for the Solid Waste District No. 1 Municipal
Service Benefit Unit is necessary for funding the required payments for said collection
and disposal for a period of one (1) year, fiscal year 2001/02.
SECTION THREE: A public hearing before the Board of County Commissioners
on the preliminary assessment roli (non-ad valorem assessment roll) of the estimated
costs to fund the collection and disposal of solid waste in Solid Waste District No. 1
Municipal Service Benefit Unit for a period of one (1) year, fiscal year 2001102 between
the County and each property owner of lands within the Solid Waste District No. 1
Municipal Service Benefit Unit will be held on September 11, 2001. beainnina 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 District No. 1 Municipal Service Benefit Unit 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) shali also be mailed first class to ali property owners in Solid Waste
District No. 1 Municipal Benefit Unit 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, wili meet on September 11. 2001. beainnina at 9:00 a.m, in the Board
of County Commissioners' Boardroom, Third Floor, W. Harmon Tumer Building, 3301
East Tamiami Trail, Naples, Florida, for the purpose of hearing objections, if any, by ali
interested persons to the adoption of the preliminary assessment roli (non-ad valorem
assessment roli) aliocatlng the assessable costs for coliection and disposal of solid
waste within Solid Waste District No.1 Municipal Service Benefit Unit, 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- 1 6 C 1 0
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 46 South, Range 26
East; thence South along the easterly line of Range 26 East,
Township 46 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 46 South, Range
27 East to the southeast comer 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 46 South,
Range 27 East to the southeast corner of Section 1, 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 section 36 and 25, Township 47 south,
Range 27 East to the southeast corner of Section 24,
Township 47 South, Range 27 east; thence easteriy along the
south line of Sections 19, 20 and 21, Township 47 South,
Range 28 East to the southeast comer 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 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 west along the south line of
Township 49 South, Range 29 East and Township 49 South,
Range 30 East to the southeast comer 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,
26 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.
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 Solid Waste
Management Department, 2685 S. Horseshoe Drive, Suite 103, 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
16C 1 0
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 $175.00 per equivalent residential unit per
year for the next year, FY 2001102. 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.
Board of County Commissioners
Collier County, Florida
James D. Carter, Ph.D., Chairman
Dwight E. Brock, Clerk
By: IslMaureen Kenyon
Deputy Clerk
(SEAL)
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 ~I day of ~ 2001, after motion,
second and majority vote.
AT'rHf:
DWIGHT E. BR(?~K, CLERK
BOARD OF COUNTY COMMISSIONERS
COLlIER~OUNTY' FLORID
=;, A:t. "...t/--:' n.G BY.
- P';?" . ~' JA S D. CARTER, Ph D., CHA:AN
'1, It _. to Chl1,......'
'i"gaatur. onl,.
Approved as to form and legal sufficiency:
r-?, ~/f~
~rt ~7 Zachary
Assistant County Attorney