Agenda 09/09-10/2008 Item #17A
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Recommendation to adopt resolutions approving the preliminary assessmen(roilSa's--
assessment rolls and adopting same as the non-ad valorem assessment rollsJOr 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 $17,787,100,
EXECUTIVE SUMMARY
OBJECTIVE:On July 25,2006 (Agenda Items #16C4) the Board of County Commissioners adopted
two three 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 three year period. The resolutions established a 3-year assessment period
beginning with FY2007 and ending with FY2009 and provided for a noHo-exceed price of $185.00 per
year through FY2009. The adopted resolutions provided that annual rates would be adopted by
resolutions to establish the rates for each of the three fiscal years. Adoption of the attached resolutions:
1.Approve the preliminary FY2009 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 roils
and any amendments thereto as the finai 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 roils and any amendments thereto as the non ad-valorem assessment
rolls for FY2009, Upon adoption of these resolutions, all assessments shall be ccllected 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. 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.
CONSIDERATIONS:
On July 25,2006 (Agenda Items #16C4) the Board of County Commissioners adopted two three 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 three year period. The resolutions established a 3-year assessment period beginning with
FY2007 and ending with FY2009 and provided for a noHo-exceed price of $185.00 per year through
FY2009. The adopted resolutions provided that annual rates would be adopted by resolutions to establish
the rates for each of the three fiscal years. Adoption of the attached resolutions: 1.Approve the preliminary
FY2009 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
FY2009.. 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.
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FISCAL IMPACT:FY2009 annual rates will be $171.74 per equivalent resid~~li'al'unTf for Solid Waste
Municipal Service Benefit Unit, Service District No. I and $161.57 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 FY2009 budget hearing on June 19, 2008. Funds will be deposited in
Mandatory Trash Collection Fund (Fund 473) for collection fees in the amounts of $16,906,700 for Solid
Waste Municipal Service Benefit Unit, Service District No. I and $880,400 for Solid Waste Municipal
Service Benefit Unit, Service District No. II. Total anticipated revenues for FY2009 are $17,787,100.
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GROWTH MANAGEMENT IMP ACT";There is no growth management impact for this item.
LEGAL CONSIDERATIONS:The Resolutions have been reviewed and approved for iegal
sufficiency by the County Attorney, and both are ready for Board action.-JAK
RECOMMENDATION: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.
( Prepared By:
,
Department
Public Utilities
Date
8/8/20088:52:57 AM
Approved By:
Department
Public Utilities
Approval
Approved
Date
8/26/2008 1 :44 PM
Approved By:
Department
Approval
Date
County Attorney Approved
8/26/2008 9:50 AM
Approved By:
Department
Public Utilities
Approval
Approved
Date
8/26/2008 1 :44 PM
Approved By:
Department
Office of
Management
and Budget
Approval
Date
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Approved
8/26/2008 11 :28 AM
Approval
Date
Approved By:
Department
County
Approved
Manager's Office
8/26/2008 4:31 PM
Name:
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FY200B.pdf
[) Resolution District I
FY200B.odf
Q Q.istrict No. I and District No.
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ATTACHMENTS:
Description:
Resolution District II
Resolution District I
District I and District II Area Map
Type:
Resolution Letter
Resolution Letter
Backup Material
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N~GENDA ITEM
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RESOLUTION NO. 2008 -
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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.
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, 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. IT as described herein and in
Collier County Ordinance No. 2005-54; 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 urlifo1111 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, 2008.
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 confmn such preliminary assessment roll
Page I of3
AGENDA ITEM
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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.
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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 2009 is $161.57 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 asscssment 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 nOlth 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 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 comer 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 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 311d 27 East to the northwest corner of
Township 47 South, Range 27 East, being the Point of Beginning.
Page2of3
AGENDA ITEM
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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 shail be made and overruled or shall not be
sustained, the adoption of this Resolution approving the finaJ 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: TIus Resolution shall become effective immediately upon its
passage.
THIS RESOLUTION ADOPTED after motion, second and majority vote favOling same,
this _ day of_
.2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
TOM HENNING, CHAIRMAN
, Deputy Clerk
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Jeffrey A.
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Page 3 of3
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RESOLUTION NO. 2008 -
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, I SPECIAL ASSESSMENT LEVIED
AGAINST CERTAIN RESIDENTIAL PROPERTIES
WITHIN THE UNINCORPORATED AREA OF COLLIER
COUNTY PURSUANT TO COLLIER COUNTY
ORDINANCE NO. 2005-54.
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, 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; 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 Tamian1i Trail, Naples, Florida, connnencing at 9:00 a.m.
on September 9,2008.
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 confilming 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, docs hereby confiml such prelimiuary assessment roll
Page 1 of4
I ::AGENDA ITEM
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which excludes certain residential units that are included in a homeowner's assoclatlOn 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 unifonn method of collection.
The total special assessments for the solid waste collection and disposal services for Solid
Waste Municipal Service Benefit Unit, Service DistJ~ct No. I for FY 2009 is $171.74 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. I 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 comer 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 Township 47 South,
Range 27 East to the northeast comer of Section 1, Township 48 South,
Range 27 East; thence north along the range line of Ranges 27 and 28 East
to the northwest comer of Section 30, Township 47 South, Range 28 East,
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 comer of Section 25,
Township 47 South, Range 28 East; thence south along the range line for
Ranges 28 and 29 East to the northeast comer of Township 49 South and
Range 28 East; thence east along the township line for Townships 48 and
49 South to the northeast comer of Township 49 South and Range 30 East;
thence south along the range line for Ranges 30 and 31 East to the
northeast comer of Tov,nship 52 South and Range 30 East; thence east
along the township line for Townships 51 and 52 South to the northeast
comer of Township 52 South and Range 31 East; thence south along the
range line for Ranges 31 and 32 East to the northeast comer of Township
Page 2 of4
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53 South and Range 31 East; thence east along the township line 0 AGENDA ITEM
Townships 52 and 53 South to the northeast corner of Township 53 Sout No.
and Range 34 East, also being known as the Collier-Miami-Dade co~t "EP n
Ime; thence south along sald county Ime to the southeast comer of Sechollj S - "I .
36, Township 53 South, Range 34 East, also being known as the Collier-il Pg
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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 161.54 (2), Florida Statutes that are not
accessible by bridges or causeways.
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On October II, 2005 the Board of Collier County Commissioners entered
into an Interlocal Agreement with the City of Everglades City to provide
trash collection services as provided in Service District No. L
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 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 ovenuled 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.
Page 3 of 4
A8FNnA ITFM I
No _.____..______
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TIDS RESOLUTION ADOPTED after motion, second and majority vote favoring same,
this _ day of , 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
] effre !A., latzkow
,
Count t ' rney
BOARD OF COUNTY CO:MMISSIONERS
COLLIER COUNTY, FLORIDA
B~
TOM HENNING, CHAIRMAN
Page 4 of4
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