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Backup Documents 02/22/2011 Item #16H5 16H 5 RESOLUTION NO. 11-l6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CONCURRING WITH THE DETERMINATION OF THE SOUTHWEST FLORIDA EXPRESSWAY AUTHORITY TO DISCONTINUE ITS OPERATIONS AND UNDERTAKE THE PROCESS TO DISSOLVE AS AN AUTHORITY; ACKNOWLEDGING THE INTENTIONS OF THE AUTHORITY REGARDING THE DISBURSEMENT OF THE REMAINING PROCEEDS OF LOANS MADE BY THE FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER AND LEE COUNTIES TO THE AUTHORITY; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the "Board"), previously authorized the establishment of the Southwest Florida Expressway Authority (the "Authority") to pursue the addition of toll road facilities to Interstate 75 (the "Project"); and WHEREAS, the Authority has reported to the Board that due to the recent economic downturn, the Authority does not believe that the Project is currently viable; and WHEREAS, the Authority has no source of funding to repay loans made to the Authority by the Florida Department of Transportation (the "Department"), Collier County, Florida and Lee County, Florida to pursue the Project; and WHEREAS, the Authority has recently obtained a resolution of the loans from the Department and now seeks to obtain the acknowledgement, consent and agreement of Collier COIlnty-llT.-( a}-diseentiRuethe-AuthoFity' s operatiElfl&aMi*lfSlIit(jf-the-F>rojeGt-\b) take such steps and expend such reasonable amounts on deposit in its accounts (including remaining loan proceeds from Collier County) and available for such purposes to close its books and records, return any unspent proceeds of loans to the Department and to Collier and Lee Counties and dissolve itself as a governmental entity; and NOW, THEREFORE, be it resolved by the Board of County Commissioners that The Board does hereby acknowledge and agree with the Authority that the Project is not currently viable and does hereby consent to the Authority; (a) discontinuing its operations and pursuit of the Project; (b) taking such steps and expending such reasonable amounts on deposit in its accounts (including remaining loan proceeds from Collier County) and available for such purposes to close its books and records, return any unspent proceeds of loans to the Department and to Collier and Lee Counties (on a pro-rata basis) and dissolve itself as a governmental entity. 16H 5 .d THIS RESOLUTION ADOPTED after motion; second and majority vote this .J..;t ~ day ofr:4''''..... " Y)I- , 2011. ATTEST: DWIGHT E,:B~OCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . 'A-~JL (A) c,,-,~~ By:________________--Lt Fred W. Coyle, CHAIRMAN . ....... ,..,0.'. ...... 0Ilil'" Approved as to form and legal sufficiency: By__.s:.1Li2 j~<-k ___~1i: .R... -r".4,eh Au' l_..t County Attorney D.-f'~ ....;