Resolution 2019-160 INSTR 5768579 OR 5676 PG 1130
RECORDED 9/20/2019 4:27 PM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$35.50
RESOLUTION NO. 2019 _1 60
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,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. I1 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, W. Harmon Turner Building,
3299 East Tamiami Trail. Naples. Florida, commencing at 9:00 a.m. on September 10,
2019.
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
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 2020 is
$209.87 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 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 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 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 48 South. Range 30 East: thence
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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 lmmokalee 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 corner
of Township 47 South, Range 27 East; thence west
along the township line for Townships 47 and 48 South
to the southwest corner of Township 47 South and
Range 27 East: thence north along the range lines for
Ranges 26 and 27 East to the northwest corner of
To nship 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 it'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
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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 etTective immediately upon its
passage.
This Resolution adopted this le" day of S4Mber , 2019. after
motion, second and majority vote.
ATTENT: BOARD OF I LINTY COMMISSIONERS
CRYS 41fl 4INZE1.. CLERK COLLIER ' fjr ' •RIDA
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- ,'` tr $%st" *4;, .0 7 :,•, IS WIL'IAM L. MCDANIEL JR., CHAIRMAN
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Approved, ofin and legality:
CUR
Jenni A. Belpedio
Assistant County Attorney
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