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Resolution 1997-430 BESOLUTION N0.430 ~S-97- 4 MARCO~IATERAND SEWER DISTRICT COLLIER COUNTY A RESOLUTION CONCF~ING THE EFFLUENT DISPOS;tL SPRAY IP~GATION SYST~ FOR THE MARCO WATER AND S~ER DIS~ICT, PF. ASE II, RESCINDING HE SOL%Fl IONS ~S 86-3 ~ ~S 86-7 , AR/) R~PF2tLING THE ASSESSED COST OF THE EFFLUENT IR~GATION SYSTEM AGAINST BENEFITED PROPERTIES WITHIN THE MARCO WATER ARD SEWER DISTRICT OF COLLIER COU1TTY, FI~DRIDA. WHEREAS, on August 2, 1983, the Board of County Cormmissioners as the ex-officio governing board of the Marco Water and Sewer District (the "Board") adopted Resolution No. MWS 83-2 which identified the Marco Water and Sewer District, Phase II, and ordered the construction of specific sewer improvements consisting of both collection and transmission systems. WHEREAS, on September 20, 1983, the Board authorized the County 'Attorney to proceed with the preparation of board resolutions and other documentation necessary for the project in an amount that included the estimated cost of a spray irrigation effluent disposal distribution system to be constructed concurrent with the previously ordered sewer improvements. WHEREAS, cn May 7, 1985, the Board directed staff to continue to investigate the inclusion of an effluent disposal distribution system within the sccpe of the sewer improvements and to enter into negotiations with Marco Island Utilities for bulk sewage treatment and authorized the consulting engineers (Wilson, Miller, Barton & Peek Inc.) to prepare an updated cost estimate for the irrigation project. WHEREAS, on March 25, 1986, the Board adopted Resolution MWS No. 86-3 which initiated a program for the purpose of providing a treated sewage effluent disposal spray irrigation distribution · oB1 system for landscaping irrigation in the Marco Water and Sewer District, Phase II. WHEREAS, on April 15, 1986, the Board held a public hearing and adopted Resolution No. MWS 86-7 which confirmed the ordering of construction of an effluent disposal spray irrigation distribution system at a preliminary cost of $553,179.58. WHEREAS, upon acceptance of the preliminary assessment, all property owners within the Marco Water and Sewer District, Phase II, have an outstanding inactive assessment account in the amount of $10.36 per lineal foot. WHEREAS, the Marco Water and Sewer District did not reach an agreement with Marco Island Utilities on the provisions of treated effluent, and the Marco Water and Sewer District proceeded with sanitary sewer improvements for collection and transmission system only. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE MARCO WATER AND SEWER DISTRICT, COLLIER COUNTY, FLORIDA, THAT; Section One: The Board acknowledges that the effluent disposal spray irrigation system for the Marco Water and Sewer District, Phase II, was never constructed. Section Two: The Board hereby rescinds Resolutions MWS 86-3 and MWS 86-7. Section Three: Upon adoption of this Resolution, the Department of Revenue will repeal all assessments within project number 40000 - the Marco Phase II Irrigation accounts. All liens against properties will be rescinded. Section Four: The Clerk is hereby directed to record this Resolution in the Official Records of Collier County, Florida. 1681 Section Five: This Resolution shall become effective immediately upon passage. This Resolution adopted this ~ day of ~.~z-.~z~t..~ 1997, after motion, second and majority vote. ATTEST: -:,5/ /,-, Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE EX- OFFICIO GOVERNING BOARD OF THE MARCO WATER AND SEWER DISTRIC~,.'"~ TIMOTHY/L. HANCOC-~L~]CHAIRMAN ..' .i': .::' f'J~m/Resolutio~/Mm'eo Wa~t'r mad Se~'r