Resolution 2001-306
RESOLUTION NO. 2001.~
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, DISSOLVING WATER MANAGEMENT
DISTRICT NUMBER SEVEN, PURSUANT TO CHAPTER 189, FLORIDA
STATUTES, SECTION 189.4043(1)(B); PROVIDING FOR THE TRANSFER
OF ANY PROPERTY AND ASSETS OF THE DISTRICT TO COLLIER
COUNTY; PROVIDING FOR THE ASSUMPTION OF ANY INDEBTEDNESS
OF THE DISTRICT BY COLLIER COUNTY; PROVIDING THAT THE CLERK
OF THE BOARD FORWARD A COPY OF THIS RESOLUTION TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in 1961, The Florida Legislature enacted into law Chapter 61-
2037 (House Bill No. 559), a Special Law of local application that authorized
Collier County to establish water conservation districts by filing petitions in the
Circuit Court of Florida, in and for Collier County, a NFinal Order Establishing and
Confirming Collier County Water Management District Number SevenW was signed
by Circuit Judge Harold S. Smith, on August 12, 1968, recorded in O.R. Book 282,
page 976 through 980, inclusive; and
WHEREAS, Water Management District Number Seven functioned for
several years, but the purposes for which the District was established have been
accomplished by other means, and water management projects within the
geographic area of the District for many years have been financed by means other
than utilization of the District; and
WHEREAS, Water Management District Number Seven has no current or
prospective function or use, owns no assets, has no indebtedness or other
obligations, and serves no public purpose; and
WHEREAS, the boundaries of the District are recorded in the official records
of Collier County and those records cause inconvenience to title examiners by
raising questions whether parcels of land within the District may be subject to any
special assessments imposed by the District; and
WHEREAS, the Board of County Commissioners, to accommodate requests
from real estate professionals, and realizing that Water Management District
Number Seven serves no useful public purpose, and is no longer needed, hereby
discontinues the existence of this District; and
WHEREAS, the Florida Legislature has enacted Chapter 189, Florida Statutes,
a general law regulating most types of Special Districts of Florida, including the
subject District Number Seven; and 1 Z D'"
WHEREAS, Subsection 189.4043(1 )(b), Florida Statutes, prm.i es that: *The
charter of any existing special district may be revoked and the special district be
dissolved by.., a resolution of the governing body of the special district, a copy of
which shall be filed within 30 days after the effective date of the dissolution with the
Special District Information Program and the local general-purpose government
within which the district is located," ; and
WHEREAS, Subsection 189.4043(2), Florida Statutes, further provides that:
"The provision of this section [189.4043] shall not apply to community
development districts implemented pursuant to chapter 190, or to water
management districts created and operated pursuant to chapter 373. w; and
WHEREAS, in the context of Subsection 189.4043(3), Florida Statutes, Water
Management District Number Seven is neither a "Community Development
District* nor a *Water Management District* created or operated pursuant to
Chapter 373, Florida Statutes; and
WHEREAS, the County is in possession of a written opinion from Rosa M.
Morgan, Administrator, State of Florida Department of Community Affairs, that she
believes that Section 189.4043, Florida Statutes, authorizes the Board of County
Commissioners to dissolve Water Management District Number Seven by
Resol ution of the Board of County Commissioners and that approval from the State
of Florida is not required; and
WHEREAS, it is the opinion of the County Attorney for Collier County that
Water Management District Number Seven can be dissolved by this Resolution; and
WHEREAS, Water Management District Number Seven is no longer active
and has not been operated for several years; the District is dormant; and
WHEREAS, a notice of this Resolution has been published once a week for
four (4) consecutive weeks in a newspaper of general circulation with Collier
County and with the District, stating that the District is named "Collier County
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Water Management District Number SevenN, and that the District was organized
and operated under Chapter 61-2037, Laws of Florida; each notice included a
general description of the geographic area included within the District and specified
that any objections to dissolution of the District be filed with the Water
Management Department within sixty (60) days following the fourth publication of
the advertised notice; and
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WHEREAS, sixty (60) days have passed following the fourth (4"') publication
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of the advertised notice and no objections to the published intention to dissolve the
District have been received.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE,
DISSOLUTION OF DISTRICT,
Collier County Water Management District Number Seven, established by a
Final Order of Judge Harold S, Smith, dated August 12, 1968, pursuant to Chapter
61-2037, Laws of Florida, IS HEREBY DISSOLVED,
SECTION TWO.
EFFECTIVE DATE OF DISSOLUTION.
Dissol ution of Water Management District Number Seven shall take effect
immediately upon adoption of this Resolution.
SECTION THREE. TRANSFER OF PROPERTY; ASSUMPTION OF
INDEBTEDNESS,
(a) Pursuant to Sub-section 189.4045(2), Florida Statutes, title to all
property and assets, if any, owned by the District is hereby transferred to Collier
County.
(b) Pursuant to Section 189.4045(2), Florida Statutes, Collier County
hereby assumes all indebtedness, if any, of Water Management District Number
Seven.
SECTION FOUR. RESOLUTION TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS.
The Clerk of the Board of County Commissioners shall forward a certified
copy of this Resolution to the Florida Department of Community Affairs, Special
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Resolution.
District Information Program, within thirty (30) days after the effective day of this
PASSED AND ADOPTED by majority vote favoring adoption this ~
day of ~1-
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ATTEST:
DWIGHT E, BROCK, CLERK
, 2001.
17D
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By'
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Deputy r;lerk
" s~ as ~ Cha1rl1111'S
''',. I IfgHure,..~.lJ.
. Approved ~to form
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Thomas C. Palmer
Assistant County Attorney
TCPIResolutionl031 S
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