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Ordinance 2004-09AN ORDINANCE ORDINANCE NO. 77-58, WHICH ORDINANCE ESTAB WATER AND SEWER SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF_~iLAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE ~_~..~ ~ ~ ORDINANCE NO. 2004 - 0 NHICH oR INANCE El DISTRICT; PROVIDING FOR COI~~:.~ WHEREAS, effective November 15, 1977, the Board of County Commissi0ner~ (Board~ adopted Ordinance No. 77-58 to create the Marco Water and Sewer District; and~~ ..... ~,A;~ ~ ·. WHEREAS, on September 26, 2000, the Board approved the purchase, sale, an~:~ns~ of the wastewater system and all related utility facilities located within the geographic boundaries of this District to the City of Marco Island, Florida, and the City assumed operations of all such facilities, but the County did not dissolve the Marco Water and Sewer District; and WHEREAS, this District has no existing function because of incorporation of the City of Marco Island coupled with the City's purchase of the water and wastewater systems and facilities from Florida Water Services Corporation; and WHEREAS, the District has no outstanding obligations, including bonds; and WHEREAS, staff has recommended that the Board repeal Ordinance No. 77-58 to dissolve this non-functioning Water and Sewer District; and WHEREAS, the Board accepts staff's recommendation to repeal Ordinance No. 77-58. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Collier County Ordinance No. 77-58 is hereby repealed. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts ~v' th any other Ordinance of Collier County or other applicable law, the more restrictive sL~!l apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relett6red to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~'/ day of F~:,~t~atr-~ ,2004. ATTEST: Dwight E. .... ,D~uty Approve~, "And legal Thomas C. Palmer, Assistant County Att,rney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA a Fiala, Chairman This ordinance filed with the Secretary of State's Office the ~day of F'~I~. , and acknowledgement of that filing received ?his ~ , day D~:~ u~ Clerk STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-09 Which was adopted by the Board of County Commissioners on the 24th day of February, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of February, 2004. Clerk of County Comml ~sf{ By: L/nda A. Deputy Clerk