§ 118-87. Creation, purpose, and declaration of benefit.

By Ordinance No. 90-30, the county established two municipal service benefit units pursuant to the authority granted in Chapter 125, Florida Statutes. The benefit units are hereby re-established. The benefit units shall be known as Service District No. I, and Service District No. II, respectively. Each benefit unit shall consist of a specific portion of the unincorporated area of Collier County. The two benefit units are described more particularly as follows:

MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. I

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 along said Lee-Collier County line to the northeast corner 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 corner 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 northwest corner of Section 1, Township 48 South, Range 27 East; thence north along the range line of Ranges 27 and 28 East to the northwest corner 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 corner of Section 25, Township 47 South, Range 28 East; thence south along the range line for Ranges 28 and 29 East to the northeast corner of Township 49 South and Range 28 East; thence east along the township line for Townships 48 and 49 South to the northeast corner of Township 49 South and Range 30 East; thence south along the range line for Ranges 30 and 31 East to the northeast corner of Township 52 South and Range 30 East; thence east along the township line for Townships 51 and 52 South to the northeast corner of Township 52 South and Range 31 East; thence south along the range line for Ranges 31 and 32 East to the northeast corner of Township 53 South and Range 31 East; thence east along the township line of Townships 52 and 53 South to the northeast corner of Township 53 South and Range 34 East, also being known as the Collier-Miami-Dade County line; thence south along said county line to the southeast corner of Section 36, Township 53 South, Range 34 East, also being known as the Collier-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.

MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. II

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 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.

These two benefit units were created by Ordinance 90-30 and are hereby re-established, subject to the revised legal descriptions provided above, for the purpose of (a) protecting the health, safety and welfare of the residents of the county and (b) providing for the collection, disposal and administration of solid waste through the levy of the special assessments against residential real property.

The board finds that commercial real property has varying needs for solid waste collection, disposal and administration services and, therefore, commercial real property shall not be made the subject of the special assessments. However, in order to provide for the public health, safety and welfare within the benefit units, it is necessary to provide adequate solid waste collection, disposal and administration services to commercial real property through the use of one or more contractors. Accordingly, the board shall provide for such solid waste services and shall annually regulate the rates, fees and charges assessed by the contractor(s) for the services provided to commercial real property.

The board hereby declares and determines that: (a) the solid waste collection, disposal and administration services provided pursuant to this article shall and do constitute a benefit to all properties within the benefit units equal to or in excess of the cost of providing such solid waste services; (b) the residential real property in the service districts receives a special benefit from the solid waste services that are provided to the residential real property as a result of the special assessments; and (c) the special assessments are fairly and reasonably apportioned among the parcels of residential real property that receive the special benefit.

(Ord. No. 2005-54, § 2)