Resolution 2022-003 RESOLUTION 22 - 013
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
WAIVING THE OPTIONAL LOCAL PUBLIC HEARING ON
THE PETITION TO AMEND THE BOUNDARIES OF
FIDDLER'S CREEK COMMUNITY DEVELOPMENT
DISTRICT #1 THAT WAS FILED WITH THE FLORIDA
LAND AND WATER ADJUDICATORY COMMISION; AND
PROVIDING FOR AN EFFECTIVE DATE.
RECITALS
WHEREAS, Fiddler's Creek Community Development District #1 (the "District") is a
special and single-purpose local government established pursuant to the provisions of Chapter 190,
Florida Statutes, by the Florida Land and Water Adjudicatory Commission (hereafter"FLWAC")
Rule 42X-1.001, Florida Administrative Code. The District is located entirely in the
unincorporated area of Collier County, Florida; and
WHEREAS, the Board of Supervisors of the District has submitted a petition (the
"Boundary Amendment Petition") to FLWAC for the purpose of amending the boundaries of the
District to (i) contract the boundaries of the District by removing three land areas that total
approximately 38.50 acres and (ii) expand the boundaries of the District by adding three (3) land
areas that total approximately 11.87 acres; and
WHEREAS, Section 190.046(1)(d)1., Florida Statutes provides that for those districts
initially established by administrative rule pursuant to Section 190.005(1), Florida Statutes, the
Boundary Amendment Petition shall be filed with FLWAC; and
WHEREAS, because the District was originally formed by FLWAC, the Boundary
Amendment Petition was submitted by the District to FLWAC on November 18, 2021; and
WHEREAS, by letter dated December 3, 2021, Chris Spencer, Secretary for FLWAC
advised the District that FLWAC had reviewed the Boundary Amendment Petition and certified
that it was complete for processing and requested that the District hold a local public hearing on
the Boundary Amendment Petition pursuant to Section 190.046(1)(d)4. and Section 190.005(1)(d),
Florida Statutes; and
WHEREAS, the District has scheduled its local public hearing on the Boundary
Amendment Petition for January 26, 2022; and
WHEREAS, pursuant to Section 190.046(1)(d)2., Florida Statutes, the District has
provided a copy of the Boundary Amendment Petition to Collier County and simultaneously paid
the filing fee of$1,500 required by such statute; and
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WHEREAS, pursuant to Section 190.046(1)(d)3., Florida Statutes, the County has the
option of holding its own local public hearing on the Boundary Amendment Petition; and
WHEREAS, the Board of County Commissioners desires to waive its option to hold an
optional local public hearing on the Boundary Amendment Petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are true and correct and incorporated
herein by this reference.
SECTION 2. WAIVER OF OPTIONAL LOCAL PUBLIC HEARING. The Board of
County Commissioners of Collier County,Florida hereby waives the option of holding an optional
local public hearing on the Boundary Amendment Petition submitted by the District to FLWAC
pursuant to Section 190.046(1)(d)3., Florida Statutes. The District is hereby allowed to seek
amendment to the District's boundaries from FLWAC as stated in the Boundary Amendment
Petition filed with FLWAC pursuant to Section 190.046(1)(d), Florida Statutes.
SECTION 3. EFFECTIVE DATE. This Resolution shall become effective upon its
adoption.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 1 l th day of January, 2022.
ATTEST:.,,,';'net BOARD OF COUNTY COMMISSIONERS
CRYSTAL: .T�I tF�, CLERK COLLIER CO ► ORIDA
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BY T BY 1A�r-� ���
Attest iltQ Cha1 ` epty lerl Will ' L. McDaniel, Jr., Chairman
• st, it'0*.
Approv s orm and,legality:
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1r i'dry
Jeffrey 11 zkow, County Attorney.
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