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Resolution 2011-151INSTR 4609286 OR 4721 PG 1531 RECORDED 9/22120114:23 PM PAGES 6 DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $52.50 RESOLUTION NO. 2011 - 1 51 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 CERT AIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 2005-54, AS AMENDED 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. II 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, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 13,2011. 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 2012 is $165.28 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 2 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 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 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 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 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) 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 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. 3 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. This Resolution adopted this I..3.nt day of S EPTE. m1JE'R, , 2011, after motion, secon,d and majority vote. i .' "1''.1';... .".. . . 1'" "t. '1 ' ATTENrf;...".;... .t:' ....:~. . '.~,..,. . "j DWiGHT'E. BROCK, CLERK '\-' -' ...' '.:... -~ ", '~..i. BOARD OF COUNTY COMMISSIONERS :~LLIER~:R~ FRED W. COYLE, CHAI . ~~ ~~"U.- Jennife . White Assistant County Attorney 4 N W+E S LEE COUNTY HENDRY COUNTY MONROE COUNTY ~~n~ SERVICE DISTlUCTS COI.... County, Florida Solid Wate Collections District I & II ThI. ITlIp Is . repr_nlalon at alqllIed pubic irIormaIon. "Is blIIleV8d 10 be ... acante .nd rue dltpk:tion for... .1Iled purpoee, bul Coli<< Counly.nd ill ~tor- mat. no p........., ~ or oIIenMM.. b"'lICICU'IIq' at ~.. We ~ do not lICOIIpI...y responliblllie... to Ib U... This I. not . IInIIy nor i. 110 be used for design. UCJllftICTI/",asTl'UCTI Map ~ by Collier CounIy IToGS 01.53 a e 12 Milt. ac.Ie I 1 :500,000 - - PUBUC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTIONS Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, September 13, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. The meet- ing will begin at 9:00 A.M, THE BOARD WILL CONSIDER RESOLUTIONS OF THE BOARD OF COUNTY COMMISSION- ERS OF COLLIER COUNTY, FLORIDA, APPROVING THE PRELIMINARY ASSESSMENT ROLLS AS THE FINAL ASSESSMENT ROLLS AND ADOPTING SAME AS THE NON-AD VALOREM AS- SESSMENT ROLLS FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLEC- TION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NUMBER I AND DISTRICT NUMBER II, MUNICIPAL SERVICE BENEFIT UNITS SPECIAL AS- SESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCOR- PORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE 2005- 54, AS AMENDED, FOR FY2012, THE TOTAL SPECIAL ASSESSMENT PROPOSED FOR SOLID WASTE MUNICIPAL SERVICE BENEFIT UNITS, SERVICE DISTRICT liS $173.49 AND SERVICE DISTRICT illS $165.28 PER RESIDENTIAL UNIT, THESE ASSESSMENT AMOUNTS ARE THE SAME AS THOSE APPROVED BY THE BOARD IN FY2011. Copies of the proposed Resolutions and the final assessment rolls (non-ad valorem assessment rolls) are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard, NQIEi All persons wishing to speak on any agenda item must register with the County Adminis- trator Rd2r to presentation of the agenda item to be addressed. Individual speakers will be lim- ited to 3 minutes on any item, The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item, Persons wishing to have written or graphic material included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case. written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presenta- tions before the Board will become a permanent part of the record, Any person who decides to appeal a d~ cision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a ver- batim record of the proceedings is made, which record included the testimony and evidence upon which the appeal is based. w+. s LEE COUNTY If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are en- titled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management D~ partment, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. HENDRY COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK BY: Teresa Polaski, Deputy Clerk (SEAL) MONROE COUNTY No 231182575 Auoust 21 2011