Resolution 2003-356
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RESOLUTION NO. 2003- .22.L
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PURSUANT TO COLLIER COUNTY
ORDINANCE NO. 96-6, AS AMENDED, APPROVING THE TRANSFER AND
CONTROL OF THE MARCO ISLAND AND MARCO SHORES WATER AND
WASTEWATER UTILITY FACILITIES FROM FLORIDA WATER SERVICES
CORPORA T10N TO THE CITY OF MARCO ISLAND, FLORIDA
WHEREAS, on May 20, 1997, the Board of County Commissioners (BOARD)
granted Florida Water Services Corporation water and wastewater Certificates for the
continued provision of water and wastewater treatment service to Marco Island and the
Marco Shores service area in unincorporated Collier County; and
WHEREAS, Collier County Ordinance No. 96-6, as amended, specifies the
process for utilities Wlder rate and service regulatory jurisdiction of the Collier County
Water and Wastewater Authority (AUTHORITY) to file Applications for approval of
proposed transfer of water and/or wastewater certificates, facilities, or control of said
facilities; and
WHEREAS, on September 9, 2003, Florida Water Services Corporation
(TRANSFEROR) and the City of Marco Island (TRANSFEREE) filed a Joint
Application for transfer of the Marco Island and Marco Shores water and wastewater
systems and requesting waiver of the application fee pursuant to Ordinance No. 96-6, as
amended; and on Monday, September 22,2003, the AUTHORITY considered this Joint
Application during its regular meeting; and
WHEREAS, the AUTHORITY issued its Preliminary Order No. 2003-01,
incorporated herein as Attachment "A", thereby recommending that this BOARD grant
Final Order Approval of the applied-for transfer of the Marco Island and Marco Shores
Utility Systems from Florida Water Services Corporation to the City of Marco Island,
with no change to any water or wastewater service area, rate or tariff.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The AUTHORITY'S Preliminary Order No. 2003-01 is affirmed and the
application fee is waived. The sale and purchase is hereby APPROVED.
2. This County approval does not change any service area boundary or any
rate or tariff of either utility system being sold to the City.
3. TRANSFEREE shall notify Mr. D. E. "Bleu" Wallace, Executive Director
of the AUTHORITY, of the closing date of sale/transfer, and Mr. Wallace,
on behalf of the BOARD, shall cancel the Certificates and deliver the
cancelled Certificates to the TRANSFEREE.
This Resolution is adopted this l~ day of
second, and majority vote favoring adoption.
()~ , 2003 after motion,
ATTEST:
DWIGHTE. BROCK
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By~,K By:
~.. Deputy Cler~ . .
AttfSt as to Ch~ ~ r'It4n · s
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Approved~.tolorm .
And legal sufHfie,cy
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Thomas C. Palmer, Assistant County Attorney
ATTACHMENT "A"
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PRELIMINARY ORDER NO. 2003 - 01
COLLIER COUNTY WATER AND WASTEWATER AUmORITY
PRELIMINARY ORDER OF THE COLLIER COUNTY WATER AND
WASTEWATER AUTHORITY, PURSUANT TO SECTION 1-19, COLLIER
COUNTY ORDINANCE NO. 96-6, AS AMENDED, RECOMMENDING THAT
THE BOARD OF COUNTY COMMISSIONERS APPROVE mE APPLIED-FOR
TRANSFER BY SALE AND PURCHASE OF FLORIDA WATER SERVICES
CORPORATION'S MARCO ISLAND AND MARCO SHORES WATER AND
WASTEWATER SYSTEMS TO THE CITY OF MARCO ISLAND, AND
WAIVING THE APPLICATION FEE
WHEREAS, Collier County Resolution No. 96-104, excluded Collier County
from the provisions of Chapter 367, Florida Statutes, whereby Collier County assumed
certain subject matter jurisdiction over non-exempt water and wastewater utilities
providing water and/or wastewater service in specified areas of unincorporated County
and within the City of Marco Island, Florida; and
WHEREAS, Ordinance No. 96-6, as amended, established the Collier County
Water and Wastewater Authority (AUTHORITY) with its powers and duties; and
WHEREAS, on May 20, 1991, the Collier County Board of Commissioners
(BOARD) adopted Resolution Nos. 97-242, 97-243, 97-244, and 91-245, thereby
granting to Florida Water Services Corporation (UTILITY) Grandfather Certificate Nos.
03W, 07S, 04W, and 08S, respectively, for the Marco Island and Marco Shores water and
wastewater systems. for continued provision of water and wastewater service in the
specified unincorporated areas of the County and within the City of Marco Island
(CITY); and
WHEREAS, Ordinance No. 96-6, as amended, provides a process for utilities
under the AUTHORITY'S Chapter 367 jurisdiction, to file an application with the
AUTHORITY for approval ofa transfer by sale and purchase of water and/or wastewater
certification, facilities and control; and
WHEREAS, on September 9. 2003, UTILITY and CITY submitted a Joint
Application, with exhibits, to the AUTHORITY. to obtain from the AUTHORITY
Acknowledgement of Sale of Utility Assets of Florida Water Services Corporation
(Marco Island and Marco Shores Systems) to the CITY; and
WHEREAS, the Applicants have also requested a waiver of the application fee in
accordance with Subsection l-19(c), Ordinance No. 96-6, as amended; and
WHEREAS, on Monday, September 22, 2003, the AUTHORITY considered the
subject Joint Application during its regularly scheduled meeting for the purposes of
considering the merits of the application submitted by the UTILITY and the CITY; and
WHEREAS, having considered the application and all evidence and testimony
received, the AUTHORITY has determined that the application complies with the
requirements for such application set forth pursuant to Ordinance No. 96-6, as amended;
and
WHEREAS, having considered all relevant matters regarding the application, the
AUTHORITY finds that no compelling reason exists to deny the applied-for transfer, sale
and purchase.
THIS PRELIMINARY ORDER IS ISSUED by the AUfHORITY, in public
meeting assembled, pursuant to Collier County Ordinance No. 96-6, as amended, and
Supplemental Rules of the AUTHORITY, as follows:
1. The Joint Application to the AUTHORITY for the applied-for transfer 'by sale
and purchase has been made in good faith.
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2. CITY has sufficient resources to serve both certificated areas.
3. The UTILITY is in regulatory compliance.
4. CITY is a governmental agency as defined in the Ordinance, and 110
compelling reason exists upon which the AUTHORITY should recommend that
the BOARD deny Final Order Approval of the applied-for transfer by sale and
purchase.
5. The AUTHORITY recommends that the BOARD waive the transfer
application fee pursuant to Subsection 1-19 (c) of Ordinance No. 96-6, as
amended.
6. Subject to such additional evidence and argument that may be presented to
and be considered by the BOARD, the AUTIiORITY recommends that the
BOARD. by Final Order Approval, approve the sale and transfer of the assets and
certificated water and wastewater service areas oftbe Marco Island System and
the Marco Shores System, to TRANSFEREE, City of Marco Island.
This Preliminary Order is adopted on Monday, the 1--"~daY of September 2003,
after motion, second and majority vote in favor of adoption.
Approved as to form
And legal sufficiency:
COLLIER COUNTY WATER AND
WASTEWATER AUTHORITY
B~Q.~
FAY BILES, Chairperson
V'M. ?~
Thomas C. Palmer,
Assistant County Attorney
a;:'WFlorida
;'!I 'Wafer'
~~-'SERVfCES
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October 3, 2003
Mr. Tom Henning
Chairman of the Board
Board of County Commissioners
Collier County, Florida
Naples, Florida 33962
RE: SEWER EXTENSION AGREEMENT
Dear Mr. Henning:
On February 27, 1986, the Board of County Commissioners, Collier County,
Florida (the Board) and Florida Water Services Corporation (Florida Water) entered into
a Sewer Extension Agreement (the Agreement). Pursuant to Section VI(6) ofthe
Agreement, Florida Water must obtain the Board's consent prior to assigning its rights
and obligations under the Agreement.
In the near future, Florida Water will be transferring its utility assets in Collier
County to the City of Marco Island. This transaction is a sale in lieu of condemnation.
Florida Water hereby requests that the Board give its written consent to the assignment of
the Agreement to the City of Marco Island. If this is acceptable, please sign this letter in
the space provided below and return it to my attention as soon as possible.
As time is of the essence in this matter we would greatly appreciate your timely
response. Please do not hesitate to call with comments or questions.
Sincerely,
tr1~0~~y'~x),j. (V~ \CU)J~/\
Melissa L. Maurer
Assistant General Counsel
P.O. Box 609520 I Orlando, Fi9~~~ 12Sf29520 I Phone 407( 598-4100
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Date: \0 -1t...l-03
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Page 2 of2
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OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
FROM:
Jeff KJatzkow, Assistant County Attorney
TO:
Minutes & Records
DA TE:
October 15, 2003
RE:
Companion Agreement to the October 22, 2002 Developer Contribution
Agreement Regarding the Lely Area Surface Water Drainage
Improvements
BCC Agenda 10/14/03 (Item 10 B)
Attached you will find the above-referenced Agreement, which was approved by
the Board at yesterday's meeting. As you can see, the Agreement has been executed by
both the County and the Developer.
Please have the Agreement witnessed by the Clerk, then recorded. The account
number to be charged is # 313-163673-60171. Please provide a copy of the recorded
agreement to this office.
I may be reached at 774-8492 should you have any questions.
cc:
David C. Weigel, County Attorney