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Resolution 2010-137 RESOLUTION NO. 2010 -137 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPLACING AND SUPERSEDING RESOLUTION NO. 2005-115 AND DIRECTING THAT GENERAL FUND (001) REVENUES DEDICATED TO THE STORMWATER UTILITY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 91-27 ARE ESTABLISHED AT AN EQUIVALENT MILLAGE RATE AMOUNT AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS ANNUALL Y IN AN AMOUNT UP TO .1500 MILLS. WHEREAS, in Collier County Ordinance No. 91-27 ("The Collier County Stormwater Utility Ordinance"), the Board of County Commissioners ("Board") concluded that it was necessary to undertake a stormwater management program ("Program"), and thereby created a "Stormwater Utility" to set aside funds to pay for the Program; and WHEREAS, on March 8, 2005, the Board adopted Resolution No. 2005-115, directing that the dollar amounts of the County's ad valorem tax revenues received in Fiscal Year 2006 and for the next nineteen fiscal years (resulting from applying in each fiscal year a millage rate of .1500 mills), shall be dedicated to the County's Stormwater Utility by depositing the revenues into Fund 325 - The Stormwater Capital Improvement Fund; and WHEREAS, on March 25, 20008, the Board adopted Resolution No. 2008-80, that amended and clarified Resolution No. 2005-115, that among other things, directed that funds to pay for capital projects and maintenance projects be funded from Fund 325 and allocated in each budget adopted by the Board based on the Annual Update and Inventory Report ("AUIR Report"); and WHEREAS, the Board has determined that the goals, policies and objectives of Ordinance No. 91-27 will be met if General Fund (001) revenues dedicated to the Stormwater Utility pursuant to Ordinance No. 91-27 are established at an equivalent millage rate amount as determined by the Board annually in an amount up to .1500 mills. WHEREAS, Collier County Resolution No. 2005-115 adopted by the Board on March 8, 2005, as amended and clarified by Resolution No 2008-80, is hereby replaced and superseded; and WHEREAS, as required by Ordinance No. 91-27, depositing these ad valorem tax revenues into the "Stormwater Capital Improvement Fund - Fund 325" at an equivalent millage rate amount as determined by the Board annually in an amount up to .1500 mills is an internal dedication of these funds that does not reduce or increase the total ad valorem tax revenues to be collected by Collier County; and WHEREAS, Stormwater Utility Fees are not being modified by this Resolution. NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that General Fund (001) revenues dedicated to the Stormwater Utility pursuant to Ordinance 1991-27 will be established at an equivalent millage rate amount as determined by the Board annually in an amount up to .1500 mills. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the ~ 7 day of July, 2010. <};r.~~1 ;).} .1 ,DWI t K $.OCK, CLERK .. . ',>1 .~,-7 ~.I ,.,'t " BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~~W. ~ FRED W. COYLE, CHi\: . AN ~~w~ Jennifer B. White Assistant County Attorney