Resolution 2001-353
8D
RESOLUTION NO. 2001 - 353
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 11, 2001.
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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
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 assessment for the solid waste collection and disposal
services for Solid Waste District No. 2 Municipal Service Benefit Unit for FY
2000/01 is $135.48 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.
2
8D '
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:
LEGAL FOR DISTRICT TWO
Beginning at the northwest corner of Township 47 South,
Range 27 East, Collier County, Florida; thence east along the Collier-
Lee county hne also the township line to the northeast corner of
Township 47 South, Range 27 East; thence north along the Collier-
Lee county line also the range hne 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 corner 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 49
South, Range 30 East; thence west along the township line for
Townships 49 and 50 South to the southwest corner to Section 34,
Township 49 South, Range 28 East; thence north along the section
lines to the northwest corner of Section 27, Township 47 South, Range
28 East; thence west along the section lines 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 corner of
Section 1, Township 48 South, Range 27 East; thence west along the
sections lines to the southeast corner of Section 5, Township 48 South,
Range 27 East; thence south along the section lines to the southeast
corner of Section 20, Township 48 South, Range 27 East; thence west
along the section lines to the southwest corner of Section 19,
Township 48 South, Range 27 East; thence north along the range
lines for Ranges 26 and 27 East to the northwest corner 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) 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.
8D
SECTION FOUR. The assessments shall be final and conclusive as to
each lot or parcel assessed and any objections 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 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 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 SlX. The Clerk is hereby directed to record this Resolution, not
including the attached Exhibit "A", in the Official Records of Collier County. A
recorded copy of this Resolution and the attached Exhibit "A" 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 _LL~day of ~ 2001, after motion,
second and majority vote.
· ..,,"~'~"I'?ES.T, ~, "~'~%',: ,,:, ? BOARD OF COUNTY CO~v~vllSSlONERS
.' .,' ,DWIGH¥~E','BR'OCK, CLERK COLLIER~CQJ. J~Y,~
~ ,,:, ,,, .:~USt:#~:~' ~~,.~ JAMES ~ARTER, Ph. $., CHAIRMAN
"'.,. ,; Approved, ~s ~0,.~orm and lega~
~Oavid C. W/g~l
v County Attorney
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