Resolution 1995-573
RESOLUTION NO. 95-~
A RESOLUTION DIRECTING STAFF TO REFUND THE
SURPLUS 110NIES WITHIN SEWER AREA "B" SOUTH HALF
MUNICIPAL SERVICE TAXING DISTRICT BY ISSUING
CHECKS TO THE CURRENT PROPERTY OWNERS LISTED ON
THE 1995 COLLIER COUNTY AD VALOREM TAX ROLL.
WHEREAS, ~n December 18, 1979, the Board of County
Commissioners ldopted Emergency Ordinance No. 79-103 creating the
Sewer Area "B" South Half Municipal Service Taxinq and Benefit
Unit (the "MST)") as a means to raise the funds necessary to pay
for final engineering plans an:! speci.fications fo.. construction of
a sewage collection system wit,olin the MSTDi and
WHEREAS, the MSTD boundar les were described ,",S the southerly
portion of Sections 1 and 2 and all of Sections 1.'., 12 13, 14 and
23 of Township 50 South, Range 25 East and bounded on the North by
Rock Creek, bounded on the West by Royal Harbor S,lbdivision,
bounded on the south by Holly .A..venue and bounded on the East by
the eastern edge of Lakewood S.bdivision; and
WHEREAS, taxes were colle-ted pursuant to Ordinance No.
79-103 and the .".1onies were use.:l to pay for the preliminary
consulting study prepared by Heery Program Management and to pay
for the engineering plans and specifications to c;~nstruct a
sanitary sewer system within the MSTD that was proposed to be
connected to th',: City of Naple.' Sewer plant; and
WHEREAS, on October 25, 1 '83, the Board adopt.ed Ordinance No.
83-49, which amended Ordinance No. 79-103, and provided that the
purpose of the MSTD was to raise the funds necessa~ to pay for
preliminary con<.ulting studies and preliminary and final
engineering plans and specif ic.l tions to construct a master sewage
collection system; and
WHEREAS, scbsequent to the preparation of the engineering
plans and specifications pursuant to Ordinance No. 79-103, as
amended by Ordinance No. 83-49, the County updated its 201
Facilities Plan for Coastal Collier CountYi and
WHEREAS, as a result of the construction of the East and
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 "BIt South Half MSTD (approximately $360,000.00) were
never spent aId are now existing surplus monies; and
WHEREAS, Fund No. 422, as of June 30, 1995, had a balance of
$576,398.47, thich includes accrued interest; and
WHEREAS, the Board of CO\~ty COjnmissioners ajopted Resolution
No. 95-459 on August 8, 1995 c?proving the refunc5 of the surplus
funds to the current property owners through a ta,~ credit
arrangement; and
WHEREAS, the Florida Department of Revenue will not approve a
credit arrangement on the 1995 tax roll for the l;llrpose of
refunding surplus funds.
NOW, THEREFORE, BE IT RE! .JLVED BY THE BOARD ")F COUNTY
COMMISSIONERS OF COLLIER COUN~:~, FLORIDA, that:
1) The surplus monies i~ Fund No. 422 for the Sewer Area "B"
South Half Municipal Service Taxing District shall be divided
equally among the current property owners within '.:he District.
2) The Staff shall refun<i all the surplus f..mds within Fund
No. 422 to the '~xisting prope:r..y owners by issuir.:f a check to the
property owners that are on tho 1995 tax roll.
3) The Clerk shall be reimbursed for the costs of issuing
the checks in an amount of $1.00 per property folio number from
the surplus mor. .:.es in Fund No. 422.
4) The StIff is hereby a'..Ithorized to taKe all appropriate
steps to have the checks issued and mailed by Decf.'mber 15, 1995 to
the property owrers as listed em the 1995 tax roll within Sewer
Area liB" South Half MSTD.
This Resolution supersede~ Resolution No. 95-459.
i '7rd day of ~~ )
This Resol!tion adopted tl: s d..- ~
,
1995, after motion, second and majority vote.
ATTEST:
. DWIGHT E. BROC K, CLERK
oved as tl. form and
al suffich"mcy:
0(; I - ~ ~tf:>>
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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