Resolution 1998-370 2369820 OR: 2460 PG: 0533.¢,.
RESOLUTION NO. 98- 370
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
regulahng Solid Waste Collection and Disposal Services; and
WHEREAS, the Counly intends 1o 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, Administration
Build~ng, 3301 East Tamiami Trml, Naples, Florida, commencing at 9:00 a.m, on
September 8, 1998.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
OR: 2460 PG: 0534
SECTION ONly, 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 District ~o. 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 assessments for the solid waste collection and disposal
services for Solid Waste District No. 2 Municipal Service Benefit Unit for FY
1998/99 is $112.82 per Residential Unit and in subsequent years shall not
exceed $130.00 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 Ihe 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, and subsequent years shall be on file with the
Clerk to the Board, Minutes and Records by September 1" of each subsequent
year.
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
OR: 2460 PG: 0535
located within the Solid Waste District No. 2 Municipal Service Benefit Unit
which is more particularly described as follows:
LEGAL FOR DISTRICT TWO
Ib,g~nnmg at the northweat corner of 'l%wnship 47
I{~mg. 27 East, C. Ili~ r (~mnty, F'lo~d~; then~ east along the C~llior.
I~.(, emmty lin(..1~) Ihe h)wnship Dine ~) the northeast corner of
'l'()wn~hil) ,IT S().th, I~nnge 27 East; then~ north ~long tho C()lli(~r.
I/'. (:m~nty lin(, .l~ the range line m the northwest ~)rn(,r
'r~wn~hq~ 4G ~(mth, Ib~ngo 28 East; thenm onat ~dong the
Ih. nde. (~mmty ha. al~ Iho h)wnahip line for Town~hii~ 4r)
~.uth Io Ihe n.rth~,a~l {turner or Town~hip 46 ~mth, ICnn~(~ gD
rhone. ~(mlh al(mE Iho (~llior-Ilond~ r~unty line nl~) the r~mge
()f l{m]go~ :10 and :[I l,:~mt to l.h~ ~uthon~[ m)rm,r of 'l'own~hil~ 49
'l'.wn~hq~ 4~) m.I r~0 ~(mth to the ~uthw.~[ (~)rn.r to ~ocl.ion
'l'~wn.hil~ 4~ ~(mlh, I{Imge 28 ga~t; thena~ north .Ion~ tho ~ction
hn(,~ I. Iho n.rthw.~t ~:(~m(,r oration ~7. T. wn~hip 47 ~)uth,
2R I,:n~t; Ih{,n~ wo~! ahm~ tho ~tion line~ to tho ~nthe~[ e~)rnor
Lho rang~ Iim~ ~r I{ango~ 27 and 2~ East m the ~mthotmt eorm. r
~(,~:lion~ hn(,~ Io lbo ~utho~t ~mer elation ~, Town~hip 4R Soul h,
l{~mg~, 27 I,:a~t; th.n(:. ~mth ~d.n~ ~ho ~:[i(~n Im(,~ I[) Ih.
al(mE Il., ~(~:lion hm,~ I~) th(, ~uthwo~t mrn~,r of~(,cli(m Hi, T[~wnship
· IR ~.uth, Ibmg(, 27 East; then~ no~h nhm~ tho rnn~o lin~,~
I{~mg~,, 2{; m~d 27 I,:~[ to Ihe no~hwe~t ~mor nf'R~wn~hil) 47
I{m~. 27 I';~st, h(.n~ Ih. Point of i~nning.
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 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 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,
*** OR: 2460 PG: 0536
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, Flodda Statutes, in
the same manner as property taxes are collected.
SECTION SIX. 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
second and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
armature o~ 1.1r.
Approved as to form and legal
suff'm~ncy:
County/Attorney
~c'daY of _ ~ . 1998, after motion,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BAR'I~,/,RA'B. BERRY, 'CHA~RM,~
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