Resolution 2006-298 RESOLUTION NO CWS-298
RESOLUTION AMENDING IN CERTAIN RESPECTS
RESOLUTION NO. CWS-85-13 OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, AS AMENDED
AND SUPPLEMENTED, WHICH RESOLUTION CWS-85-
13 RELATES TO THE ISSUANCE OF COLLIER COUNTY
WATER-SEWER DISTRICT WATER AND SEWER
REVENUE BONDS; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT:
SECTION 1. FINDINGS. It is hereby found and determined that:
(A) On July 30, 1985, the Board of County Commissioners of Collier County,
Florida, acting as the ex-officio governing board (the "Governing Body") of the Collier
County Water-Sewer District (the "Issuer") duly adopted Resolution No. CWS-85-5, as
amended and restated by Resolution No. CWS-85-13 duly adopted on December 26,
1985, as amended and supplemented (collectively, the "Bond Resolution"), for the
purposes described therein.
(B) Pursuant to the Bond Resolution, the Issuer has issued several series of
Bonds, certain of which remain outstanding under the Bond Resolution.
(C) The Issuer deems it necessary and desirable to amend the Bond Resolution
in certain respects.
SECTION 2. DEFINITIONS. Except as otherwise provided herein,
capitalized terms used herein shall have the meanings ascribed thereto in the Bond
Resolution, except when the context thereof would clearly indicate otherwise.
SECTION 3. AMENDMENTS TO THE BOND RESOLUTION. (A) the
definition of"Gross Revenues" set forth in Section 1.01 of the Bond Resolution is hereby
amended in its entirety to read as follows:
"Gross Revenues" shall mean all income and moneys received by
the Issuer from the rates, fees, rentals, charges and other income to be made
and collected by the Issuer for the use of the products, services and
facilities to be provided by the System, or otherwise received by the Issuer
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or accruing to the Issuer in the management and operation of the System,
calculated in accordance with generally accepted accounting methods
employed in the operation of public utility systems similar to the System,
including, without limiting the generality of the foregoing, Connection
Fees, AFPI and all earnings and income derived from the investment of
moneys under the provisions of this Resolution which are transferred to the
Revenue Fund or Interest Account as herein provided. "Gross Revenues"
shall not include (1) any Government Grants, (2) System Development
Fees, and (3) Special Assessments.
(B) Section 1.01 of the Bond Resolution is hereby amended to add the
following definition:
"AFPI" shall mean Allowance for Funds Prudently Invested fees, to
the extent lawfully levied by the Issuer.
(C) Section 4.05 of the Bond Resolution is hereby amended to add a new
paragraph (E) to read as follows:
(E) AFPI shall be deposited, as received, in a separate account of
the Revenue Fund maintained by the Issuer. AFPI shall be utilized by the
Issuer for lawful purposes related to the System including, but not limited
to, acquisition and construction of improvements and additions to the
System which provide capacity to new users and payment of debt service
on obligations related thereto.
SECTION 4. BOND RESOLUTION TO CONTINUE IN FORCE.
Except as herein expressly provided, the Bond Resolution and all the terms and
provisions thereof are and shall remain in full force and effect. The provisions of this
resolution shall supersede the provisions of the Bond Resolution to the extent of any
conflict therewith.
SECTION 5. EFFECTIVE DATE. This resolution, shall become effective
immediately upon its adoption.
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DULY ADOPTED, in Regular Session this 14`h day of November, 2006.
COLLIER COUNTY WATER-SEWER
DISTRICT
(SEAL)
Chairman, Board of Cou 5' Commissioners -.
of Collier County, Florida,--as the Ex-Officio
Chairman of the Goveinirig Board of the
Collier County Water-Sewer District
ATTEST:
erk; Board .o ( ou 11, Commissioners
of Collier''County,"Florida, as Ex-Officio
Clerk:'of the Governing Bdard of the
Collier County Watei Sewer District
to,11141 i MLA 15
APPR169#41191)0113 FORM
•AND LEGAL SUFFICIENCY:
District Attorni,
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