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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 TmA-~