Resolution 1995-459
RESOLUTION NO. 95-459
A RESOLUTION DIRECTING STAFF TO REFUND THE
SURPLUS MONIES WITHIN SEWER AR~ "B" SOUTH HALF
MUNICIPAL SERVICE TAXING DISTRICT ACCOUNT TO THE
CURRENT PROPERTY OWNERS AS A CREDIT ON THE 1995
AD VALOREM TAX BILLS.
WHEREAS. on December 18, 1979, the Board of County
Commissioner~ adopted Emergency Ordinance No. 79-103 creating the
- Sewer Area "'i" South Half Municipal Servipe Taxing and Benefit
Unit (the "M:;TD") as a means to raise the funds necessary to pay
for final en lineering plans .md specifications for construction of
a sewage collection system w:thin the MSTO; and
WHEREAS, the MSTD bound ,ries were describe, I as the southerly
portion of Sections 1 and 2 and all of Sections 11, 12 13, 14 and
23 of Townstdp 50 South, Ran-.e 25 East and boun .ed on the North by
Rock Creek, bounded on the West by Royal Harbor SUbdivision,
bounded on the south by Holly Avenue and bounde' on the East by
the eastern edge of Lakewood Subdivision; and
WHEREAS, taxes were col .ected pursuant to ')rdinance No.
79-103 and the monies were \.. oed to pay for the preliminary
consulting study prepared b~ Heery Program Management and to pay
for the engineering plans and specifications to construct a
sani tary sewer system wi thin the MSTO that was ,'roposed to be
connected to tho City of Naples Sewer plant; an.l
WHEREAS, on October 25 1983, the Board at )pted Ordinance No.
83-49, which amended Ordinal :e No. 79-103, and ,)rovided that the
purpose of the MSTO was to t.lise the funds neceusary to pay for
preliminary consulting studies and preliminarymd final
engineering plans and specifications to constru.:t a master sewage
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WHEREAS, subsequent to t'~4preparation of ':he engineering
plans and spe.:if ications pur!Juant to Ordinance ;10. 79-103, as
amended by Ordinance No. 83-4flt:he County upda':ed its 201
Facilities Plan for Coastal coltier County; and
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WHEREAS as a result ot the construction cf the East and
collection s}stem; and
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South Naples Sanitary Sewer Project, the sewage facilities
contemplated to be built in the MSTD were never constructed.
Therefore, monies which were collected from the property owners in
Sewer Area "B" South Half MSTO (approximately $360,000.00) were
never spent and are now existing surplus monies; and
WHEREAt, Fund No. 422, as of June 30, 1995, had a balance of
- $576,398.47, which includes accrued interest.
NOW, TJ EREFORE, BE IT FESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COtiTY, FLORIDA, that:
1) Th" surplus monies in Fund No. 422 fOl the Sewer Area "B"
South Half Municipal Servic~ Taxing District stIll be divided
equally among the current pr,'perty owners withj, the District.
2) The staff shall refund all the surplus funds within Fund
No. 422 to the existing property owners througl the means of a tax
credit arrangement, if pOBslble, on the 1995 ael valorem tax bill.
3) The staft shall on: { write checks to J'ifund the surplus
funds to the property owner. where it is impractical to give them
a credit on~~.he 1995 ad val. rem tax bill.
This Resolution adopted this 8th day of August, 1995, after
motion, second and majority vote.
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'.~"bwtGHT 'E. SROCK, CLERI<
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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HEWS, CHAIRMAN
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