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Resolution 2001-306 RESOLUTION NO. 2001.~ 170 r~~. '". JI'l. 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 2 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 170 WHEREAS, sixty (60) days have passed following the fourth (4"') publication ~~ :'~~ 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 3 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- # . ATTEST: DWIGHT E, BROCK, CLERK , 2001. 17D BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By' ,,~' Deputy r;lerk " s~ as ~ Cha1rl1111'S ''',. I IfgHure,..~.lJ. . Approved ~to form Md ~::"Q:1~ Thomas C. Palmer Assistant County Attorney TCPIResolutionl031 S 4 ,