Resolution 2001-494
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RESOLUTION NO. 2001- ~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ADOPTING THE COUNTY'S FLOW
EQUALIZATION SYSTEM FACILITIES PLAN; AUTHORIZING THE
PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION; DESIGNATING AUTHORIZED
REPRESENTATIVES.
WHEREAS, Collier County has determined that the Flow Equalization
System recommended in the Collier County Flow Equalization System Facilities
Plan is in the best interest of the County; and
WHEREAS, staff has requested that the Board of Collier County
Commissioners approve the Flow Equalization System Facilities and Capital
Financing Plan after discussion at a public meeting in accordance with State
Revolving Fund (SRF) requirements; and
WHEREAS, The County is seeking funding from the FDEP under its SRF
loan program to fund these improvements to benefit Collier County Water/Sewer
customers; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT that:
1. Collier County hereby adopts the Collier County Flow Equalization System
Facilities Plan, copy attached hereto and incorporated herein.
2. The Collier County Dedicated Revenue and Capital Financing Plan has been
reviewed and, as discussed at a public meeting of Collier County, is hereby
adopted.
3. The Board of County Commissioners hereby authorizes submission of this
Plan to the State of Florida Department of Environmental Protection.
4. The Collier County Public Utilities Division Administrator is hereby authorized
to carry out the County's responsibilities under this Loan Program and to
delegate authority and responsibility to staff to carry out all activities to
accomplish the goals of the Loan Program.
5. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this //4 day of 4~46_./'+"""-
majority vote in favor of adoption.
, 2001 after
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Approved as to form and legal sufficiency:
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Tom Palmer, Assistant County Attorney
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BOARD OF COUNTY COMMISSIONEiRS
COLLIER COUNTY, FLORIDA, A~~' ,
EX-OFFICIO THE GOVERNING Bl;),ARD
OF THE COLLIER COUNTY WATEff~
SEWERgDISTRICT ......:;: 'r!- :,,:>'",
BY: _ ~ "01111"\
JAMES , AR', . " 'nnan
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FACILITIES PLAN UPDATE
Collier County, Florida
NCWRF Flow Equalization System
(Mural from a Collier County Wastewater Transfer Station)
October, 2001
101
Table of Contents - Collier County Flow Equalization
Section 1 - Executive Summary
1.1 Project Description
1.2 Project Need
1.3 Maps
1.4 Summary
Section 2 - Cost Comparison
2.1
2.1.1
2.1.2
2.2
Discussion of Alternatives
Alternative One - Develop an Interim and a Permanent FES (for full
buildout of MMADF of 37.1 mgd)
2.1.1.1
2.1.1.2
2.1.1.3
2.1.1.4
Interim Equalization System- Primary
Interim Equalization System - Backup
Adequacy of the Interim FES
Permanent Equalization System
Alternative Two - Develop an Interim and a Permanent FES (for
buildout of MMADF of 30.6 mgd)
Cost Comparison Table
Section 3- Environmental Effects
Section 4 - Selected Alternative
4.1 Description of the Selected Alternative
4.1.1 Interim Equalization System
4.1.2 Permanent Equalization System
4.1.2.1
4.1.2.2
4.1.2.3
4.1.2.4
4.1.2.5
4.1.2.6
Tank Sizing
Odor Control
Tank Mixing and Aeration
Equalization Return Pumps
Pump Systems
BlowedElectrical System
4.2 Detailed Cost Table
Section 5 - Public Participation Process
5.1
5.2
Public Meeting Minutes/Advertisement
Certificate of Public Participation
Section 6 - Financial Feasibility
6.1
6.2
6.3
Dedicated Revenues
Existing/Proposed User Charge System
Capital Financing Plan
Section 7 - Schedule
Section 8- Adopting Resolution
Appendices
A
B
C
D
Financial Information Sources
Existing Debt Information
User Charge System
Consent Order
List of Tables
Table 2- 1
Table 2 - 2
Table 4 - 2
Interim Flow Equalization System Process Capacity
Cost Comparison Table
Detailed Cost Table
List of Figures
Figure 1 - 1 Planning Service Areas
Figure I - 2 North County Regional Wastewater Treatment Facility Site Plan
101
Section 1- Executive Summary
Section 2-Cost Comparison
Section 3 - Environmental Effects
Section 4 - Selected Alternative
Section 5 - Public Participation
Section 6-Financial Feasibility
Section, 7 - Schedule J
Section 8 - Adopting Resolution
Section 1 - Executive Summary
1.1 Project Description
Develop a Flow Equalization System (FES) at the Collier County North
County Wastewater Reclamation Facility (NCWRF). The system must
meet the permanent needs of the facility, which is currently undergoing
expansion, as well as the interim needs as defined'by the FDEP.
1.2 Project Need
During the 2000-2001 peak winter season, the NCWRF experienced
several overflow events. These events resulted in an FDEP Consent
Order. (See Appendix D). The Consent Order, fully executed by the Collier
County Board of County Commissioners and the FDEP on April 10, 2001,
mandates that an expansion of the NCWRF to a maximum monthly
treatment capacity of 30.6-MGD (MMADF) be operational no later than
January 1, 2005. In addition, in terms of providing flow, equalization
facilities, the FDEP Consent Order stipulates that:
The County shall submit FDEP Form 62-620.910 (12),
"Notification of Completion of Construction for Wastewater
Facilities or Activities" for the on-going 5-MGD AADF
expansion and place the facility on-line by December 1,
2001.
The County shall ensure that at least half of the capacity of
the aeration basins for the 5-MGD AADF expansion
(currently under construction) is available for (temporary)
flow equalization (storage) by December 1,2001.
The County shall submit an application for modification of
the No~th County Facility to install adequately designed flow
equalization/surge tanks at the NCWRF which shall be
completed and on-line by November 1, 2002.
1.3 Maps
See Figure 1-1 for a Map of the Collier County Service Areas
See Figure 1-2 for a Site Plan of the NCWRF
1.4 Summary
To meet the needs of the FDEP Consent Order, an interim and a
permanent Flow Equalization System have been designed.
The systems are described in the following sections.
The permanent system consists primarily of two circular' 1.5 million gallon
tanks and associated equipment that provide flow equalization for a plant
buildout of 30.6 mgd MMADF at an estimated construction cost of
$6,337,056 and a total project cost of $9,006,398, including all loan
allowances and excluding Capitalized Interest estimated at $569,204.
101
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Section 2 - Cost Comparison
2.1 Discussion of Alternatives
2.1.1 Alternative One- Develop an Interim and a Permanent FES (for full
buildout of MMADF of 37.1 mgd)
2.1.1.1
Interim Equalization System- Primary
The primary alternative for an interim system places all four new aeration
tanks on-line as conventional treatment units to treat the incoming
wastewater flows without equalization. The overall permitted maximum
month treatment capacity would be increased to 17.55 MGD. Under this
alternative, the flow rate would operate as originally permitted with the
excess treatment and hydraulic capacity provided by the current
expansion project acting as a buffer until the permanent equalization
system is complete in 2002.
The clarifiers, aeration tanks, blowers and related piping between the
headworks and the new tanks, as well as the piping from the tanks to the
new clarifiers, are currently under construction and, based on the current
project schedule, will be in place and completed in time for the 2001-2002
winter season.
2.1.1.2
Interim Equalization System - Backup
Two of the four new aeration basins can be isolated and temporarily fitted
with hydraulically driven submersible pumps to provide equalization
storage and transfer. The stored wastewater would be pumped at a
constant rate to the plant headworks. Diurnal flow routing analyses
confirmed that the 1.44 million gallons of storage available in two basins
will satisfy backup equalization requirements.
To ensure both the primary and backup operational strategies are
available to the County, the following systems must be completed and
placed in service by the December 1,2001 FDEP deadline.
Aeration Basins 4 through 7.
Blowers.
Transfer pumps (temporary) and piping.
2.1.1.3
Adequacy of the Interim FES
Both systems provide adequate capacity to meet biological treatment
process requirements as well as peak hour hydraulic conditions during the
2001-2002 winter season. A comparison of the available treatment and
peak hydraulic capacity under each system is presented in Table 2-1
below.
TABLE 2 -1
Interim Flow Equalization System
Alternatives and Available Process Capacity
Primary System Backup System
MMADF Peak Hour MMADF Peak Hour
Aeration Basin 1 2.76 4.25 2.76 4.25
Aeration Basin 2 5.53 8.50 5.53 8.50
Aeration Basin 3 2.76 4.25 2.76 4.25
Sub-Total 11.05 17.00 11.05 17.00
Aeration Basins 4 & 5 3.25 5.00 - -
Aeration Basins 6 & 7 3.25 5.00 3.25 5.00
Total Capacity, MGD 17.55 27.00 14.30 22.00
2001-2002 Winter 11.70 20.60 11.70 12.90
Season Flow, MGD
Percent of Capacity 67% 76% 82% 59%
2.1.1.4
Permanent Equalization System
The permanent flow equalization system will equalize peak wastewater
flows to 10-30% above average during the maximum month 'winter
season' operating period under 'build-out' conditions. To provide sufficient
volume to accommodate a 'build-out' plant capacity of 37'.1 MGD (65.2
MGD peak hour) a 4 million gallon oval storage tank will be necessary to
fit within constraints of the site.
2.1.2 Alternative Two - Develop an Interim and a Permanent FES (for buildout
of MMADF of 30.6 mgd)
The concept of this system is similar to Alternative One with exceptions as
noted below.
The permanent flow equalization system will equalize peak wastewater
flows to 15% above average during the maximum month 'winter season'
operating period under a 'build-out' plant capacity of 30:6 MGD. To
provide sufficient volume and meet FDEP minimum requirements a total of
3 million gallons of storage will be necessary.
Two circular 1.5 million gallon tanks can be fit into the site with minimal
site reconstruction. Round tank construction costs will be less than that of
an oval tank. Only one tank and associated processing are needed for
initial FDEP compliance. The second tank can be built later saving total
project time.
2.2 Cost Comparison' Table
TABLE 2-2
Item Alternative 1 Alternative 2
Plant Buildout MMADF, MGD 37.1 30.6
Degree of Equalization Complete Partial
Number of Tanks 1 2
Volume per Tank, MG 4.0 1.5
Total Volume, MG 4.0 3.0
Shape of Tank(s) Oval Round
Fill part of canal? Yes Yes
Sheeting req'd, north of tank? Yes Yes
Pipe relocations req'd.? Yes Yes
Ductbank relocation req'd.? Yes No
Site/Earthwork $1,347,300 $518,400
Tank(s) $2,732,000 $1,008,000
Concrete Structures $336,300 $191,800
Masonry $15,200 $12,000
Metals $933,000 $409,000
Doo rsNV in d ows $18,200 $9,100
Finishes $200,000 $75,000
Building Specialties $30,000'- $10,000
Process Equipment $1,196,000 $1,059,500
Conveying System $13,000 $0
Mechanical $1,339,000 $858,000
Electrical & Instrumentation $750,000 $650,000
Estimating Contingency $891,000 $480,080
GC Markup $1,957,600 $1,057,176
Total $11,745,600 $6,337,056
1_01
Section 3 - Environmental Effects
To facilitate construction of the permanent facility, the following physical and
institutional issues will be resolved before commencement of tank construction:
1. Relocate existing 24 inch influent force main. (Design is complete).
2. Relocate existing 8 inch water line. (Design is complete).
3. Relocate FPL overhead power lines. (Design is complete).
4. Relocate site fence. (Design is complete).
5. Site and construct a stormwater retention pond to replace the
existing on-site pond impacted by the equalization tank. (Pending).
6. Fill in a small portion (0.03 AC) of the existing drainage canal along
the north portion of the plant site and on the Barron Collier property.
(Design is complete).
7. Obtain SFWMD permit for construction of the stormwater
improvements and related on-site/off-site drainage modifications
and wetlands mitigation. (Permit request submitted).
8. Reinforce subsurface conditions with vibro replacement. (Design is
complete).
9. Complete structural design and negotiate final construction contract
with prestressed tank construction. (On-going).
10. A modification to the NCWRF Site Development Plan to account
for the equalization tank construction (to address
removal/replacement of existing oak trees, etc.). (Submitted).
The critical institutional constraint was anticipated to be the resolution of the
SFWMD stormwater and wetlands issues. The following steps were taken to
resolve the issues:
10[
1. Obtain topography for the Barron Collier property north of the
NCWRF to review drainage patterns into the existing canal.
2. Prepare a permit modification submittal to SFWMD to address the
below items:
a. Calculations and drawings to fill in a small portion (0.03 AC)
of the existing drainage canal including design of a physical
barrier (berm or wall) between proposed construction and
drainage canal.
b. Define the area of affected wetlands and propose wetlands
mitigation.
c. To construct the equalization tank, on-site Stormwater
Retention Area No. 7 must be filled. Prepare drawings and
calculations to replace this lost volume on-site to show no
loss in total retention volume.
Section 4 - Selected Alternative
4.1 Description of the Selected Alternative
4.1.1 Interim Equalization System
As stipulated in the FDEP Consent Order, at least one-half of the new
aeration tanks for the 5 MGD AADF expansion are to be available for flow
equalization by December 1,2001. It is anticipated, based upon the
historical growth in seasonal wastewater flows, that the maximum month
average daily flow during the upcoming 2001-2002 winter season may
reach 11.7 MGD with peak hour flows of approximately 20.6 MGD
expected.
A primary and a backup strategy have been reviewed to manage these
peaks. The primary strategy is based on the placement of all four aeration
basins and associated equipment on-line in parallel to supplement the
existing plant capacity as currently permitted by the FDEP and the back-
up strategy is based in the FDEP Consent Order interim equalization
criteria.
Under the Primary strategy, all four new aeration basins would be placed
in service to increase the overall permitted maximum month treatment
capacity to 17.55 MGD.
Under the backup strategy, the 1.44 million gallons of storage capacity
provided by Aeration Basins 4 and 5 would store excess wastewater and
manually limit flow to Aeration Basins 1,2 and 3 as influent wastewater
flow rates rise. The tanks would be fitted with temporary transfer pumps
to return excess flow to the plant headworks.
4.1.2
Permanent Equalization System
Permanent flow equalization tankage and related facilities are proposed to
be located in the Northwest corner of the existing plant site directly west of
the aerobic digester facility. Tank sizing and arrangement are dependent
upon several factors including, available land area, setbacks and
construction requirements, diurnal flow characteristics and plant
hydraulics.
4.1.2.1
Tank Sizing
Tank sizing criteria and constraints for construction of the equalization
tankage at the NCWRF site include:
· Available on-site property and construction setbacks.
· Maximum tank water elevation of EL 26.5 to permit gravity flow
from the headworks under peak flow conditions.
· Groundwater table EL 6.0 (approx.).
· Trim peaks to maintain process operations to within typical
'sustained' extended duration flow pattern limits (typically 1.1 - 1.3
x MMADF) encountered in South Florida's WWTP's.
· Dual tanks to allow scheduled cleaning/repair.
· Aeration of contents to maintain aerobic conditions and provide
mixing.
· Covered tankage and odor control system(s).
Based on an analysis of anticipated peak seasonal wastewater flows for
the expansion to 30.6 MGD MMADF), a total of 3.0 million gallons of
storage capacity will be required to capture 'sustained' (1.15 x MMADF)
wastewater flows and return the retained volume to the treatment process
during the late evening/early morning hours when collection system flows
subside.
The jet aeration system basically consists of a combination of pumping for
tank mixing and aeration to maintain aerobic conditions. The system
includes the following components:
· In-basin submerged air and liquid piping, 120 jet nozzle
assemblies, backflush lines and stainless steel bottom
supports.
· Four 25 horsepower, 3.6 MGD externally mounted dry pit
type submersible jet mixing pumps (plus one spare (boxed)).
· Three (one spare) 30 horsepower, 3,750 SCFM positive
displacement blower systems including inlet filter, inlet and
discharge silencers, valves and blower controls.
4.1.2.4
Equalization Return Pumps
Excess wastewater will be diverted over the automatic weir gate and will
flow by gravity to the equalization tank. To return the stored wastewater
back to the headworks, pumping will be required. Under design
conditions, 7.2 MGD of firm pumping capacity will be ne~;essary to return
stored wastewater and supplement the average minimum hour collection
system wastewater flows.
4.1.2.5
Pump Systems
A pump system containing four 25 Hp, 3.6 MGD constant speed dry pit
submersible pumps will be constructed for each equalization tank.
Existing grade in the area of the tank is approximately elevation 10.0. In
order to maintain minimum pump submergence for operation, the pump
station floor elevation will be set at elevation 5.0. The pump station slab
will be integrated with the equalization tank slab. Walls will be built up
around the pump station to one foot above grade. A sump will be
provided to drain the uncovered pump station back to the gravity drain
manhole.
101
Two circular 1.5 million gallon prestressed storage tanks are proposed.
Assuming the critical issues addressed in Section 3 are resolved by
March, 2002, the first 1.5 million gallon equalization storage tank shell can
be completed within three months and be available for installation of the
remaining equipment by June, 2002. Pre-staging and assembly of tank
mounted equipment, completion of the remaining exterior work and
placement of the first tank system on-line by the FDEP November 1,2002
deadline is achievable under an expedited construction schedule.
4.1.2.2
Odor Control
The two equalization tanks are proposed to be designed to accommodate
domed covers to contain odors. The covers are proposed to be Iouvered
along the north wall with exhaust take-offs along the south wall for
ventilation and odor control.
Six fresh air changes per hour under half full conditions will be provided
for a ventilation rate of 35,000 CFM for interior environmental control.
Two 17,500 CFM air scrubber systems are proposed (ofle per tank) to
provide wet or biological scrubbing of ammonia, hydrogen sulfide and
organic compounds in the malodorous air prior to atmospheric exhaust.
Dual packed lower scrubber systems and biological media systems are
under consideration.
4.1.2.3
Tank Mixing and Aeration
Equalization tank mixing and aeration are required to partially pre-treat the
incoming waste stream, maintain aerobic wastewater conditions to control
odors within manageable levels, and to keep settleable solids in
suspension. Considering the need to provide a covered tank to contain
and control potential odors, fixed internal aeration/mixing systems were
not considered viable candidates. The recommended system is a Jet
Aeration System.
101
In each pump station, two pumps will be dedicated to mixing and one
pump dedicated to equalization return. One spare, providing backup for
either mixing or equalization return will be provided. All four pumps will be
identical.
4.1.2.6
BloweflElectrical Building
Three (one spare) 30 Hp, 3,750 SCFM positive displacement skid
mounted blower package systems including inlet filter, inlet and discharge
silencers, valves and blower controls will be provided. The blowers will be
housed in a room containing acoustical tiling to reduce noise.
An electrical and motor center room will adjoin the blower room. The
electrical room will be air-conditioned to maintain equipment and
component reliability and corrosion protection.
4.2 Detailed Cost Table
ITEM & DESCRIPTION QUANTITY UNIT UNIT PRICE INSTALLATION I TOTAL
,
SITE WORK $518,400
EXCAVATION & BACKFILL FOR UTILITIES 10,000 CY 5 1.00 $50,000
EXCAVATION FOR TANK (STANDARD) 8,000 CY 5 1.00 $40,000
MATERIALS HAULING 6,650 TONS 20 1.00 $133,000
DEWATERING FOR ~STh~UCTURES 1 LS 80000 1.00 $80,000
DEWATERING FOR UTILITIES 1 LS 20000 1.00 $20,000
PAVEMENT RESTORATION 300 SY 18 1.00 $5,400
LANDSCAPING I LS 40000 1.00 $40,000
VIBROREPLACEMENT 1 LS 150000 1.00 $150,000
TANK 2 LS 504000 1.00 $1,008,000
CONCRETE $191,800
ELECTRICAL BLDG.
SLAB-ON-GRADE 35 CY 300 1.00 $10,500
1ST FLOOR COLUMNS 8 CY 600 1.00 $4,800
ROOF 20 CY 500 1.00 $10,000
DIVERSION BOX (PRETREAT)
SLAB-ON-GRADE 60 CY 300 1.00 $18,000
LOWER WALLS 65 CY 500 1.00 $32,500
MEZZANINE 45 CY 500 1.00 $22,500
UPPERWALLS 65 CY 500 1.00 $32,500
TOP SLAB 22 CY 500 1.00 $11,000
MASONRY i $12,000
BLOWER/ELECTRICAL BLDG. 1200 SF 10 1.00 $12,000
METALS $409,000
ALUMINUM HANDRAIL 200 LF 45 1.00 $9,000
ALUMINUM DOME COVERS 22000 SF 18 1.00 $400,000
DOORS AND WINDOWS $9,100
ALUMINUM WALK DOORS (3' X 7') 1 EA 2000 · 1.30 $2,600
ALUMINUM DOUBLE DOORS W/TRANSOM 1 EA 5000 1.30 $6,500
FINISHES 1 LS 75000 1.00 $75,000
BUILDING SPECIALTIES (SIGNS, LOUVERS, ETC.) I LS 10000 1.00 $10,000
PROCESS EQUIPMENT $1,059,500
EQ RETURN PUMPS 4 EA 14375 1.30 $74,750
EQ MIXING PUMPS 4 EA 14375 1.30 $74,750
JET SYSTEM W/BLOWERS 1 LS 200000 1.30 $260,000
ODOR CONTROL SYSTEM 1 EA 500000 1.30 $650,000
MECHANICAL i $858,000
BURIED PIPING 1 LS 500000 1.30 $650,000
EXPOSED PIPING, VALVES I LS 135000 1.30 $175,500
FRP ODOR DUCT 250 ft 100 1.30 $32,500
ELECTRICAL 1 'LS 500000 1.00 $500,000
INSTRUMENTATION I LS 150000 1.00 $150,000
ESTIMATING CONTINGENCY $480,080
GC MARKUP (BONDS/INSURANCE, OVERHEAD, $1,057,176
PROFIT)
TOTAL $6,337,056
Section 5 - Public Participation Process
101
i
5.1 Public Meeting Minutes/Advertisement
Will be provided after Public Meeting
5.2 Certificate of Public Participation
Will be provided after Public Meeting
SECTION 6 - Financial Feasibility
6.1 Dedicated Revenues
This loan is to be secured by the Net Operating Revenues and
Wastewater System Development Fees of the Collier County Water-
Sewer District's Water and Sewer Utility Systems after payment of debt
service.
6.2 Existing/Proposed User Charge System
Please see Appendix C for copies of the Collier County Sewer Use
Ordinance (Ordinance 91-69), an April, 2000 Utility Rate Update study
performed by John A. Mayer Associates, Ordinance 2000-34 establishing
new rates as recommended in the aforementioned study, and Ordinance
2001-13 replacing prior Impact Fee Ordinance.
Collier County Utilities is under contract with a consult,ant who is reviewing
the adequacy of Impact Fees for Water and Sewer and User Fees for
Water, Sewer and Effluent. Targeted completion date of the study is the
end of November 2001. It is anticipated that a large increase in. Impact
Fees will be recommended as a result of the study.
6.3 Capital Financing Plan
Please see the following pages for the Capital Financing Plan.
101
., ...] Section 6.3- CFP -!
CAPITAL FINANCING PLAN
PUBLIC ENTITIES
'Collier County, Florida
Project Sponsor
James V. Mudd, Public Utilities Administrator
Authorized Representative and Title
3301 East Tam/ami Trail
Mailing Address
Nar)les, FL, 34112
City, State, and Zip Code
Mark A. Brewer, Client Manager (941) 756-5800
Capital Financing Plan Contact, Title and Telephone Number
9104 58th Drive East, Suite 101
Mailing Address
Bradenton, FL 34202
City, State, and Zip Code
Financial Officer Certification
7his is to provide you with a certification that I have reviewed Collier County's financial planning information
(includLng the capital financing plan worksheets attached hereto), as it pertains to implementing the project for which a
Wastewater State Revolving Fund (W'WSKF) loan application Mil be made to the Depgrtment.
I have found that Collier County currently has the financial capa~ility to ensure adequate construction, operation, and
maintenance of the W-WSR.F project. This certification is made with full consideration given to other planned projects
that will be financed from the revenues to be dedicated to repaying the WWSRF loan.
/ ~ame Title Date
Thc Department needs to know about the financial capabilities of potential Wastewater State Revolving Fund
(W'WSRF) loan applicants. Therefore, a financial capability demonsuation (and certification) is rcqu/red well before
the evaluation of the actual loan application.
It is expected that thc revenues to be dedicated to repaying the loan will be generated either from water and sewer
utility operations or from water utility ope-radons alone. Please contact the Department for further guidance if dedicated
revenues will be generated externally to such utilities.
The completed worksheets should be used in disclosing WWSRF project financing to the public. The worksheets can
serve to identify the impacts of the WW'SRF project on residential users and how the project fits into the sponsor's
overall capital improvement program for the water and sewer utility (or sewer utility, as appropri~ite). Supplemental
~.apital financing documentation may be submitted with these worksheets and may be presented at the required public
meeting.
CFP-1
101
Section 6.3 - CFP
CAPITAL FINANCING PLAN
PUBLIC ENTITIES
Collier County, Florida
Project Sponsor
James V. Mudd, Public Utilities Administrator
Authorized Representative and Title
3301 East Tam/ami Trail
Mailing Address
Naples, FL, 34112
City, State, and Zip Code
Mark A. Brewer, Client Manager (941) 756-5800
Capital Financing Plan Contact, Title and Telephone Number
9104 58th Drive East, Suite 101
Mailing Address
Bradenton, FL 34202
City, State, and Zip Code
Financial Officer Certification
This is to provide you with a certification that I have reviewed Collier County's financial planning information
(including the capital financing plan worksheets attached hereto), as it pertains to implementing the project for which a
Wastewater State Revolving Fund (WWSRF) loan application will be made to the Department.
I have found that Collier County currently has the financial capability to ensure adequate construction, operation, and
maintenance of the WWSRF project. This certification is made with full consideration given to other planned projects
that will be financed from the revenues to be dedicated to repaying the WWSRF loan.
Name Title Date
The Depamnent needs to know about the financial capabilities of potential Wastcwater State Revolving Fund
(WWSRF) loan applicants. Therefore, a financial capability demonstration (and certification) is required well before
the evaluation of the actual loan application.
It is expected that the revenues to be dedicated to repaying the loan will bc generated either from water and sewer
utility operations or from water utility operations alone. Please contact the Department for further guidance if dedicated
revenues will be generated externally to such utilities.
The completed worksheets should be used in disclosing WWS~ project financing to the public. The worksheets can
serve to identify the impacts of the WWSRF project on residential users and how thc project fits into the sponsor's
overall capital improvement program for the water and sewer utility (or sewer utility, as appropriate). Supplemental
capital financing documentation may be submitted with these worksheets and may be presented at the required public
meeting.
CFP-1
The source revenues being dedicated to repayment of the WWSRac loan are:
Net Revenues of the Water and Wastewater System
Capital Financing Plan
Identify the WWSRF loan amount scheduled, or to be scheduled, on the project priority list; the interest rate
established for thc quarter prececding thc submittal of the CFP, annual debt service, and expected pledged revenue
coverage. Note that WWSRF repayments begin six months after the estimated construction completion. (It is
recognized that the information to be provided are best estimates only.)
101
Co
Capital Cost*
Loan Repayment Reserve (LRR)(3% of capital cost)
Loan Service Fee (LSF)(2% of capital cost)
Subtotal
Capitalized Interest**
Total Cost to be Amortized
Interest Rate
Coverage Factor
Annual Debt Service Including Coverage
8.577.522
257,326
171,550
9,006,398
569,204
9.575.603
3.16%
1.25 ***
746,990
* Capital Cost = Allowances + Construction Cost (including a 10% contingency) + Technical Services After Bid Opening
** Estimated Capitalized Interest = Subtomt time Interest Rate times construction time in years divided by two
*** Coverage may be higher if other than water and sewer operating revenues are pledged
SCHEDULE Of PRIOR AND PARITY LIENS
List annual debt service beginning two years before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary.
IDENTIFY EACH OBIJGATION
#1 Water & Sewer Revenue Bonds 1992 #2 Water & Sewer Taxable Refunding Revenue #3 Water & Sewer Taxable Refunding Revenue
B(xtds - Series 1994A Bcmds - Series 1994B
Coverage% 125% Coverage% 125% Coverage% 125%
~nsured Yes Insured Yes Insured Yes
i~ Water & Sewer Taxable Refunding Revenue #5 Water & S~,ver Taxable Refunding Revenue ~6 SRF Loan CS120597070
Bonds - Series 1999A Bonds - Series 1999B
Coverage% 125% Coverage% 125% Coverage% 125%
Insured Yes Insured Yes insured Yes
ANNUAL DEBT SERVlCE {'PRINCIPAL PLUS INTEREST~ TOTM. NON SR.F Dl~lrr TOTAl. SKF DE. BT
[SC~. S FAZWC~ W/COVE.~..~GE
#1 #2 #3 ~4 #5
1999 $7.347.768 $2.474.857 $2.063.95~ $163.375 $254.851 $1 .O6O.598
2OOO $913.960 $2.474.O9Q $2.641.415 $335.7OO $1.969.404 ' $1.060.598
2001 $911.335 $2.473.465 $2.640.615 $333.020 $1.966.4O4 $1.060.598
2002 $909.880 $2.470.585! $2.642,475 't '~'".*;. 220 $1,967,004 $1.060,598 I
2003 $2,470,490 $2,647,375 $1,247,160 $1,966.0O4 $1.060,598~ $
2004 $2,473.730 $2.630,035 $1,246,160 $1,973.404= $1,060,598 $
2005 $2,474,505 $2,636,285 $8~347 $1,968,804 $1,060,598
2006 $2.472,305 $2,639,945 $8I 7,64~ ~ $1,967,604 $1,060,598
2007 $2.472,155 $2,635,935 $826,51B $1,964,604 $%060,598
2008 $2,473,905 $2,644,847 $818,318 $1,974.804 $1,060,598
2009 $2.471,880 $2.640,013 $319,318 $1,971,079 $1.0~0,598
2010 $2.473,578 $2,637,262 $818,363 $1,969,879 $1,060,598
2011 $3,112,263 $1,970,979 $%060,598
2012 $5,112,20~ $1,974,154 $1,060,598 $
20~13 $5,112,425 $1,979,179 $
2014 $3,112,412 $1,977,56g $
2015 $5,111 ,gt3 $1,967,31 ~ $
2916 $~-.~,162 $1,971,094
20t7 $2,060,413
2018 $2,061,675
2019 $2,063,475 $
.... $2,065,550 $
2021 $2.057,638
2022 $
2O23
2024 $
2O2S
2020 $
$
202'/ $
$
CFP-2
Capital Financing Ptan
SCHEDULE OF PRIOR AND PARITY LIENS - Cont'd.
List annual debt service beginning two y~ars before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary.
IDENTIFY EACH OBLIGATION
~ SRF Loan CS'[20597090 ~ SRF Loan C~120597100 #9 SRF Loan CS12059715P
Coverage% 125% Coverage% 125% Coverage% 125%
Insured Yes Insured Yes Insured Yes
#10 #11 #12
ANNUAL DEBT ~ERVI(~E iPRINCIPAL PLUS INTEREST} tOTAL NON S~ DE. BT 'EOT&L SR~ DF-BT
FIS~ SERVICE ~/COVERAGE $1ER~'ICE ~/COVERAG£
yEAR
i $ 15,381.001 [ S 2,433,848
1999 $886,480 $ 10,418,211 $ 2.433,848
2001 $886,480 $754,400 $ 10,406,049 $ 3,376,~,8
2002 $886.480 $1,508,800 $ 10,406,455 ~ $ 4,319,848,,
2003 $886,48~ $1,508,800 $ 10,413,786 $ 4,319,848
20(~ $886,480! $1,508,800 $210.776 $ 10,404,161 $ 4,583,318..
2005 $886,4-80 $1.508,800 $421,552, $ 9,877,426 $ 4,946,788
2006 $886,480 $1,508,800 $421,552 $ 9,871,878 $ 4,~46,788 ,,
2007 $886,480 $1,508,80~ $421,552 $ 9,874,015 $ 4,846,788
2008 $886,480 $1,508,80~ $421,552 $ 9,889,843 $ 4,846,788
2009 .~86,480 $1,508,800 $421,552 $ 9,877,863 $ 4,B46,788
2010 $886,480 $1,508,800 $421,552 $ 9,873,853 iS 4,846,788
'. 2011 ,~86,480 $1,508,800 $421,552 I $ 8,954,053 $ 4,846,788
I 2012 $886,480 $1,508,800 $421,552 $ 8,857,943 $ 4,846,788
2013 $886,48~ $1,508,800 $421,552 $ 8,864,505 $ 3,521.(~40,,
~ $ 8,862,476 $ 3,521,04Q.
2014 $886,480 $1,508,800 $421,552
2015 $886,480 $1,508,800 $421,552 $ 8,849,040 $ 3,521,040
2016 $886.480 $1,508,80~ $421.552 $ 6,084.070 $ 3,521,040.
2017 $886.480 $1,508.800: $421,552 $ 2,575,516 $ 3,521.040
2018 $886,480 $1.508.8~0 $421,552 $ 2,577,094 $ 3,521.040
2019 $1,508,800 $421,552 $ 2,579.344 $ 2,412.940
2020 $1.508,800 $421,552
2021 $754,400 $421,552 $ 2,572,048 $ 1.489,940,.
2022 $421,552 $ $ 526.940
2023 $421,552' $ $ 526,940
2024 $210.775 $ $ 263,470
$ $
2025 $ $
~ $ s
2027 $ $
2O25 $
2029 .
~ $ - $ -
CFP-2A
101
Capital Financing Ptan
(a.)
Co.)
(ct.)
(e.)
(f.)
(g.)
(h.)
(i.)
ACTUAL REVENUE AND DEBT SERVICE SCHEDULE
(Provide information for the two fiscal years proceeding the anticipated date of the SRF Loan Agreement)
Water Operating Revenue
Sewer Operating Revenue
Interest Income (j)
Other (Identify) Misc. Reimb./Tfr's
Total Revenues
Operating Expenses (excluding interest
on debt, depreciation, and other non-
:ash items) (kD
~Iet Revenues (g -- e - f)
Debt Service excluding SRF Loans
including required coverage)
FY99 FY00
$ 19,993,968 $ 21,003,376
$ 22,920,871 $ 24,126,991
$ 4,357,000 $ 6,544,805
$ 2,757,022
$ 48,993,202 $ 54,432,194
$ 21,028,375. 23,354,400
$ 27,964,827 $ 31,077,794
$ 17. $ 12,852,058
qet Revenues After Debt Service (i=I
~) 10
;ource: Audited Financial Statements-Collier County FY 99, FY 00
18~225~736
Notes: (i.e. Rate increases, Explanations, etc.)
(j) Reflects net funds available from 1999 refinancing.
:(k) Net Depreciation and amortization of $10,794,374 (FY 99) and $12,337,554 (F,Y 00) excluded.
CFP-3
· '.~ Capital Financing Plan
PROJECTED REVENUE AND DEBT SERVICE SCHEDULE
(Must include at least 2 years of Projected SRF Loan Repayment)
FY02 FY03 FY04 FY05 FY06
Water Operating Revenue $ 21,001,300 $ 21,421,326 $ 21,849,753 $ 22,286,748 $ 22,732,483
Sewer Operating Revenue $ 24,176,100 $ 24,659,622 $ 25,152,814 $ 25,655,871 $ 26,168,988
Interest Income $ 1,000,000 $ 1,020,000 $ 1,040,400 $ 1,061,208 $ 1,082,432
Other(Identify) Misc. Reimb.fI'fr's $ 4,174,300 $ 4,257,786 $ 4,342,942 $ 4,429,801 $ 4,518,397
Total Revenues $ 50,351,700 $ 51,358,734 $ 52,385,909 $ 53,433,627 $ 54,502,299
Operating Expenses (excluding interest
on debt, depreciation, and other non-
cashitems) $ 33,906,300 $ 34,584,426 $ 35,276,115 $ 35,981,637 $ 36,701,270
Net Revenues (g= e-t) $ 16,445,400 $ 16,774,308 $ 17,109,794 $ 17,451,990 $ 17,801,030
Revenue (including coverage) pledged
to debt service, excluding SRF loans
$ 10,406,455 $ 10,413,786 $ 10,404,161 $ 9,877,426 $ 9,871,878
Revenue (including coverage) pledged
to outstanding SRF loans
$ 4~319,848 $ 4,319~848 ~ 4,583,318 $ 41846,788 $ 4,846,788
Total Existing Debt Service
, 14,726,303 ~; 14,733,634 , 14,987,479 ~; 14,724,214 $ 14,718,66,5,
Projected SRF Loan Debt Service
'(including coverage)
$ 811,945 $ 811,945 $ 811,945 $ 811,945 ~ , 811,945
Projected Debt Service on Non-SRF
Future Projects (including coverage)
To~al Debt Service (Existing
Projected)
~; 15,538,248 , 15,545,579 $ 15,790,424 ~; 15,536,159 $ 15,530,610
Net Revenues After kllDebt $ 907,152 $ 1,228,729 $ 1,310,370 $ 1,915,831 $ 2,270,420
ISource:
FY 02 Information from Collier County Summary Information from the 2002 Budget Workshop, June 21-22, 2001.
FY 03 thru 06 Projected 2% annual growth.
Notes: (i.e. Rate Increases, Explanations, etc.)
Collier County Utilities is under contract with a consultant who is reviewing the adequacy of Impact.Fees for Water
and Sewer and User Fees for Water, Sewer and Effluent. Targeted completion date of the study is the end of
Nov. 2001. It is anticipated that a large increase in Impact Fees will be recommended as a result of the study.
(a.)
(b.)
(c.)
(d.)
(e.)
(f.)
(g.)
(h.)
(i.)
d.)
(k.)
(1.)
(m.)
CFP-4
SRF LOAN CALCULATION
Administrative Allowance
Engineering Allowance
Construction, Demolition and Related Procurement
Eligible Land
Contingency (10% of construction and land)
Legal and Technical Services during Construction
Interim Financing (excluding SRF capitalized interest)
Cost of Refinancing (such as underwriter fees)
Star~-up Services
Other (explain)
Subtotal
Loan Repayment Reserve (3% of subtotal)
Service Fee (2% of subtotal; obtain percent amount from Department)
Total Cost (to be identified on priority list)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Capital Financing
Plan
48~098
513,048
6~337,056
0
633~706
950~558
0
0
95,056
0
8~577,522
2577326
171~550
9,006,398
CFP-5
:Bre ver & tssociates, £.C.
Estimated SRF Amortization Schedule
Enter Values Loan Summar7 324,778.12 '
Loan Amount $ 9,575,602.63 Scheduled Payment $
Annual Interest Rate 3.16 % Scheduled Number of Payments 40
Loan Period in Years 20 Actual Number of Payments 40
Number of Payments Per Year 2 Total Eady Payments $
Start Date of Loan 12/1/2003 I Total interest $ 3,415,522124.
Optional Extra Payments
Lender Name:I FDEP ]
Pmt Payment Beginning Scheduled Extra Total Ending
No. Date Balance Payment Payment Payment Principal Interest Balance
1 6/1/2004 $ 9,575,602.63 $ 324,778.12 $ $ 324,778.12 $ 173,483.60 $ 151,294.52 $ 9,402,119.03
2 12/1/2004 9,402,119.03 324,778.12 324,778.12 176,224.64 148,553.48 9,225,894.38
3 5/1/2005 9,225,894.38 324,778.12 324,778.12 179,008.99 145,769.13 9,046,885.39
4 12/1/2005 9,046,885.39 324,778.12 324,778.12 181,837.33 142,940.79 8,865,048.06
5 6/1/2006 8,865,048.06 324,778.12 324,778.12 184,710.36 140,067.76 8,680,337.70
6 12/1/2006 8,680,337.70 324,778.12 324,778.12 187,628.79 137,149.34 8,492,708.91
7 6/1/2007 8,492,708.91 324,778.12 324,778.12 190,593.32 1 34,184.80 8,302,115.59
8 12/112007 8,302,115.59 324,778.12 324,778.12 193,604.70 131,173.43 8,108,510.90
9 6/1/2008 8,108,510.90 324,778.12 324,778.12 196,663.65 128,114.47 7,911,847.25
10 12/1/2008 7,911,847.25 324,778.12 324,778.12 199,770.94 125,007.19 7,712,076.31
11 6/1/2009 7,712,076.31 324,778.12 324,778.12 202,927.32 121,850.81 7,509,149.00
12 12/1/2009 7,509,149.00 324,778.12 324,778.12 206,133.57 118,644.55 7,303,015.43
13 6/1/2010 7,303,015.43 324,778.12 324,778.12 209,390.48 115,387.64 7,093,624.95
14 12/1/2010 7,093,624.95 324,778.12 324,778.12 212,698.85 112,079.27 6,880,926.11
15 6/1/2011 6,880,926.11 324 378.12 324,778.12 216,059.49 108,718.63 6,664,866.62
16 12/1/2011 6,664,866.62 324,778.12 324,778.12 219,473.23 105,304.89 6,445,393.39
17 6/1/2012 6,445,393.39 324,778.12 324,778.12 222,940.91 101,837.22 6,222,452.48
18 12/1/2012 6,222,452.48 324,778.12 324,778.12 226,463.37 98,314.75 5,995,989.11
19 6/1/2013 5,995,989.11 324,778.12 324,778.12 230,041.49 94,736.63 5,765,947.62
20 12/1/2013 5,765,947.62 324,778.12 324,778.12 233,676.15 91,101.97 5,532,271.47
21 6/1/2014 5,532,271.47 324,778.12 324,778.12 237,368.23 87,409.89 5,294,903.23
22 12/1/2014 5,294,903.23 324,778.12 324,778.12 241,118.65 83,659.47 5,053,784.58
23 6/1/2015 5,053,784.58 324,778.12 324,778.12 244,928.33 79,849.80 4,808,856.26
24 12/1/2015 4,808,856.26 324,778.12 324,778.12 24'8,798.19 75,979.93 4,560,058.07
25 6/1/2016 4,560,058.07 324,778.12 324,778.12 252,729.20 72,048.92 4,307,328.86
26 1 2/1/2016 4,307,328.86 324,778.12 324,778.12 256,722.33 68,055.80 4,050,606.54
27 6/1/2017 4,050,606.54 324,778.12 324,778.12 260,778.54 63,999.58 3,789,828.00
28 12/1/2017 3,789,828.00 324,778.12 324,778.12 264,898.64 59,879.28 3,524,929.16
29 6/1/2018 3,524,929.16 324,778.12 324,778.12 269,084.24 55,693.88 3,255,844.92
30 12/1/2018 3,255,644.92 324,778.12 324,778.12 273,335.77 51,442.35 2,982,509.14
31 6/1/2019 2,982,509.14 324,778.12 324,778.12 277,654.48 47,123.64 2,704,854.67
32 12/1/2019 .. 2,704,854,,0-7 324,778:t 2 324,778.12 282,041.42 42,736.70 2,422,813.25
33 6/1/2020 2,422,813.25 324,778.12 - 324,778.12 286,497.67 38,280.45 2,136,315.58
34 12/1/2020 2,136,315.58 324,778.12 324,778.12 291,024.34 33,753.79 1,545,291.24
35 6/1/2021 1,845,291.24 324,778.12 324,778.12 295,622.52 29,155.60 1,649,668.72
36 12/1/2021 1,549,668.72 324,778.12 324,778.12 300,293.36 24,484.77 1,249,375.37
37 6/1/2022 1,249,375.37 324,778.12 324,778.12 305,037.99 19,740.13 944,337.38
38 12/1/2022 944,337.38 324,778.12 324,778.12 309,857.59 14,920.53 634,479.78
39 6/1/2023 634,479.78 324,778.12 324,778.12 314,753.34 10,024.78 319,726.44
40 12/1/2023 319,726.44
324 778.12
319 726.44
CFP-6
Section 7 - Schedule
The FDEP has established a deadline of November 1,2002 for completion and
placement in operation of the new NCWRF flow equalization system. Based
upon the completion of the preliminary site work (relocation of existing
underground and overhead utility systems) and the favorable resolution of
stormwater/wetlands mitigation, permitting and local institutional issues by the
end of March, 2002, it is anticipated that the first 1.5 million gallon circular
prestressed storage tank shell can be completed within three months and
available by June 2002 for pre-staging and installation of internal elements,
piping, ductwork, covers and related equipment and systems to meet the
November 1,2002 date. See details below:
Sep, 2001-Feb, 2002
January-February, 2002
March, 2002
June, 2002
October, 2002
November1,2002
Stormwater Permitting/detailed Equalization System
Design.
Relocate on-site utilities and prepare site subsurface
improvements.
Approve Contract, Issue General Contractor Notice to
Proceed.
Commence construction of equalization tank shells.
Concrete shells completed and commerce equipment
installation
Equipment testing and startup
Facility completed and operational
SECTION 8- ADOPTING RESOLUTION
RESOLUTION NO. 2001
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ADOPTING THE COUNTY'S FLOW
EQUALIZATION SYSTEM FACILITIES PLAN; AUTHORIZING THE
PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION; DESIGNATING AUTHORIZED
REPRESENTATIVES.
WHEREAS, Collier County has determined that the Flow Equalization
System recommended in the Collier County Flow Equalization System Facilities
Plan is in the best interest of the County; and
WHEREAS, staff has requested that the Board of Collier County
Commissioners approve the Flow Equalization System Facilities and Capital
Financing Plan after discussion at a public meeting in accordance with State
Revolving Fund (SRF) requirements; and
WHEREAS, The County is seeking funding from the FDEP under its SRF
loan program to fund these improvements to benefit Collier County Water/Sewer
customers; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT that:
1. Collier County hereby adopts the Collier County Flow Equalization System
Facilities Plan, copy attached hereto and incorporated herein.
2. The Collier County Dedicated Revenue and Capital Financing Plan has been
reviewed and, as discussed at a public meeting of Collier County, is hereby
adopted.
3. The Board of County Commissioners hereby authorizes submission of this
Plan to the State of Florida Department of Environmental Protection.
4. The Collier County Public Utilities Division Administrator is hereby authorized
to carry out the County's responsibilities under this Loan Program and to
delegate authority and responsibility to staff to carry out all activities to
accomplish the goals of the Loan Program.
5. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this
majority vote in favor of adoption.
day of ,2001 after
ATTEST:
Dwight E. BROCK, Clerk
BY:
Deputy Clerk
Approved~ as to f~ a~cy:
Tom Palmer, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER CQUNTY WATER -
SEWER DISTRICT
BY:
JAMES D. CARTER, Ph.D., Chairman
APPENDIX A- FINANCIAL INFORMATION SOURCES
COLLIER COUNTY, FLORIDA
WATER AND SEWER DISTRICTS
Combined Financial Statements
September 30, 2000
(With Independent Auditors' Report Thereon)
COLLIER COUNTY, FLORIDA
WATER AND SEWER DISTRICTS
Table of Contents
Independent Auditors' Report
Combined Financial Statements: Combined Balance Sheet
Combined Statement of Revenue, Expenses and
Changes in Retained Earnings
Combined Statement of Changes in Fund Equity
Combined Statement of Cash Flows
Notes to Combined Financial Statements
Page
1
2
Supplementary Combining Information:
Combining Balance Sheet
Combining Statement of Revenue, Expenses and Changes in
Retained Earnings
Combining Statement of Changes in Fund Equity
Combining Statement of Cash Flows
Supplemental Information (Unaudited):
Senior Obligation Bond Coverage
Subordinated Debt Bond Coverage
P.O. Box 31002
St. Petersburg, FL 33731-8902
P.O. Box 1439
Tamp& FL 33601-1439
101
Distinguished Members of the Bo~d
of County Commissioners
Collier County, Florida:
Independent Auditors' Report
We have audited the accompanying financial statements of the Collier County, Florida Water and Sewer Districts,
as of and for the year ended September 30, 2000, as listed in the table of contents. These financial statements are
the responsibility of Collier County, Florida's management. Our responsibility is to express an opinion on these
financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United States of America.
Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the
financial statements are free of material misstatement. An audit includes examining, on a test basis', evidence
supporting the amounts and disclosures in the financial statements. An audit also includes assessing the
accounting principles used and significant estimates made by management, as well as evaluating the overall
financial statement presentation. We believe that our audit provides a reasonable basis for our opinion.
As discussed in note l(a), the financial statements present only the Water and Sewer Districts of Collier County,
Florida, and are not intended to present fairly the financial position of Collier County, Florida, and the results of its
operations and' the cash' flows of its proprietary fund types in conformity with accounting principles generally
accepted in the United States of America.
In our opinion, the financial statements referred to above, present fairly, in all material respects, the financial
position of the Collier County, Florida Water and Sewer Dislxicts, as of September 30, .2000, and the results of its
operations and its cash flows for the year then ended in conformity with accounting principles generally accepted
in the United States of America.
Our audit was made for the purpose of forming an opinion on the basic financial statements taken as a whole. The
combining financial statements listed in the table of contents are presented for purposes of additional analysis and
are no/a required part of the basic financial statements of the Collier County, Florida Water and Sewer Districts.
Such information has been subjected to the auditing procedures applied in the audit of the basic financial
statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements
taken as a whole.
January !9, 2001
KPMG UJ~. K.,%4G L~, a U.S. r,m~,~d rsad~,~ P~er~ ts
COLLIER COUNTY, FLORIDA
WATER AND SEWER DISTRICTS
Combined Balance Sheet
September 30, 2000
Assets
Current assets:
Cash and investments
Receivables:
Trade, net
UnbiIled revenue
Interest
Due from other funds
Inventory
Prepaid costs
Total current assets
Restricted ~sets:
Cash and investments
Special assessments receivable:
Current
· Deferred
Accrued interest
Notes receivable
Total restricted assets
Property, plant and equipment
Less accumulated depreciation
Net property, plant and equipment
Other assets
43,908,314
2,684,184
1,171,621
1,314,430
14,903
1,847,712
12,320
50,953,484
76,524,462
773,472
7,422,116
580,420
250,639
85,551,109
503,489,876
(102,547,272)
400,942,604
2,566,150
Total assets
The notes to the combined financial statements are an integral part of this statement.
$ 540,013,347
2
Liabilities and Fund Eo_uitv
Current liabilities:
Vouchers payable and accruals
Due to other funds
Current maturities of notes payable
Total current liabilities
Current liabilities payable from restricted assets:
Vouchers payable and accruals
Deferred revenue
Current maturities of notes payable
Current maturities of revenue bonds
Due to other governments
Accrued interest payable
Customer deposits
Retainage payable
Total current liabilities payable from restricted assets
Long-term liabilities:
Revenue bonds payable, less current maturities
Notes payable, less current maturities
Arbitrage rebate payable
Accrued compensated absences
Total long-term liabilities
Total liabilities
Fund equity:
Contributed capital
Retained earnings:
Reserved for:
Revcmue bond retirement
Renewal and replaccmcnt
Unreserved
Total retained earnings
Total fund equity
Total liabilities and fund equity
201,501
23,179
196,143
420,823
4,331,418
2,891,312
1,243,040
3,924,000
248,648
1,653,593
2,334
1,123,305
15,417,650
76,837,336
22,125,523
23,909
470,868
99,457,636
.... 11.5,296,109
293,027,833
9,301;987
300,020
122,087,398
131,689,405
424,717~38
$ 540,013,347...
lO!
COLLIER COUNTY, FLORIDA
WATER AND SEWER DISTRICTS
Combined Statement of Revenue, Expenses and
Changes in Retained Earnings
Year ended September 30, 2000
Operating revenue:
Charges for services
Operating expenses:
Salaries and wages
Employee benefits
Contractual services
Materials, supplies and maintenance
Utilities
Purchased water
Other operating expenses
Depreciation and amortization
Total operating expenses
Operating income
Non-operating revenue (expenses):
Interest income
Interest expense
Miscellaneous revenue
Loss on disposal of fixed assets
Grants and entitlements
Total non-operating revenue (expenses)
Income before operating transfers
Operating transfers~..
Operating transfers in
Operating transfers out
Total operating transfers
Net income
Depreciation on contributed assets
Increase in retained earnings
Retained .earnings at October I, 1999
Retained earnings at September 30, 2000
The notes to the combined financial statements are an integral pan of this statement.
$ 47,066,719
6,423,614
2,317,583
2,038,744
4,148,009
2,802,434
250,120
5,373,896
..__~1~,337,554
35,691,954
11,374,765
6,544,805'-j,.
(5,439,172)
367,597
(48,738)
1,811
1,926,303
13,301,068
12~15
(367,503)
(355388)
12,945,880
7,231,858
20,177,738
111,511,667
$ 131,689,405
COLLIER COUNTY, FLORIDA
WATER AND SEWER DISTRICTS
Combined Financial Statements
September 30, 1999
(With Independent Auditors' Report Thereon)
101
RO. Box 31002
St. Petersburg, FL 33731-8902
P.O. Box 1439
Tampa, FL 33601-1439
Independent Auditors' Report
Honorable Pamela S. Mac'Kie and Distinguished Members
of the Board of County Commissioners
Collier County, Florida:
We have audited the accompanying combined financial statements of the Collier County, Florida Water and
Sewer Districts, as of and for the year ended September 30, 1999, as listed in the table of contents. These
financial statements are the responsibility of Collier County, Florida's management. Our responsibility is to
express an opinion on these financial statements based on our audit.
We conducted our audit in accordance with generally accepted auditing standards. Those standards require
that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are
free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts
and disclosures in the financial statements. An audit also includes assessing the accounting principles used
and significant estimates made by management, as well as evaluating the overall fmancial statement
presentation. We believe that our audit provides a reasonable basis for our opinion.
As discussed in note l(a), the combined financial statements present only the Water and Sewer Districts of
Collier County, Florida, and are not intended to present fairly the financial position of Collier County,
.... .Florida, and the results of its operations and the cash-flows of the proprietary-fi.md types in conformity with
generally accepted accounting principles.
In our opinion, the combined financial statements referred to above, present fairly, in all material respects,
the financial position of the Collier County, Florida Water and Sewer Districts, as of September 30, 1999,
and the results of its operations and its cash flows for the year then ended in conformity with generally
accepted accounting principles.
Our audit was made for the pUrPose of forming an opinion on the basic £mancial statements taken as a whole.
The combining financial statements listed in the table of contents are presented for pUrP°s~ of additional
analysi.~ and are not a required part of the basic financial statements of the Collier County, Florida Water and
Sewer Districts. Such information has' been subjected to the auditing procedures appli~i lathe audit of the
basic financial statements and, in our opinion, is fairly stated, in all mater/al respects, in i~elai5°n' to the basic
£mancial statements taken as;a Whole. ',
CO!,LIER COUNTY, FLORIDA
WATER AND SEWER DISTRICTS
Table of Contents
Independent Auditors' Report
Combined Financial Statements: Combined Balance Sheet
Combined Statement of Revenues, Expenses and
Changes in Retained Earnings
Combined Statement of Changes in Fund Equity
Combined Statement of Cash Flows
Notes to Combined Financial Statements
Supplementary Combining Informahon:
Combining Balance Sheet
Combining Statement of Revenues, Expenses and Changes in
Retained Earnings
Combining Statement of Changes in Fund Equity
Combining Statement of Cash Flows
Supplemental Information (Unaudited):
Senior Obligation Bond Coverage
Subordinated Debt Bond Coverage
.Page
I
2
4
'5
7
9
COLLIER COUNTY, FLORIDA
WATER AND SEWER DISTRICTS
Combined Balance Sheet
September 30, 1999
Assets
Current assets:
Cash and investments
Receivables:
Interest
Trade, net
Unbilled
Due from other funds
Due from other governments
Inventories
Prepaid expenses
Total current assets
ResttScted assets:
Cash and investments
Special assessments receivable:
Current
Deferred
Accrued interest
Notes receivable
Total restricted assets
Property, plant and equipment
Less accumulated depreciation
Net property, plant and equipment
Other assets
10[
34,411,195
1,158,986
2,384,688
1,509,139
58,693
200,000
1,611,588
12,320
41,346,609
65,838,422
814,095
8,778,482
674,444
327,058
76,432,501
468,659,198
(91,097,357)
377,561,841
2,731,129'
Total assets
$ 498,072,080
See accompanying notes to combined financial statements
2
Liabilities and Fund Equity
Current liabilities:
Vouchers payable and accruals
Due to other funds
Current maturities of notes payable
Total current liabilities
Current liabilities payable from restricted assets:
Vouchers payable
Deferred revenue
Current maturities of notes payable
Current maturities of revenue bonds
Due to other governments
Accrued interest payable
Customer deposits
Retainage payable
Total current liabilities payable from restricted assets
Long-term liabilities:
Revenue bonds payable, less current maturities
Notes payable, less current maturities
Accrued compensated absences
Total long-term liabilities
Total liabilities
Fund equity:
Contributed capital
Ketained earnings:
Reserved for:
Revenue bond retirement
Renewal and replacement
Unreserved
Total retained earnings
Total fund equity
Total liabilities and fund equity
$ 600,165
617
21~,878
815,660
1,076,057
2,724,759
1,197,135
3,759,000
269,680
1,658,571
94,104
1,179,534
11,958,840
80,300,225
23,266,754
407,690
103,974,669
116,749,169
269,811,244
9,407,076
300,020
101,804,571
Ill,511,667
381,322,911
$ 498,072,080
3
101'
COLLIER COUNTY, FLORIDA
WATER AND SEW'ER DISTRICTS
Combined Statement of Revenues, Expenses and
Changes in Retained Earnings
Year ended Septernber 30, 1999
Operating revenues:
Charges for services
Operating expenses:
Salaries and wages
Employee benefits
Contractual services
Materials, supplies and maintenance
Utilities
Purchased water
Other operating expenses
Depreciation
Amortization
Total operating expenses
Operating income
Non-operating revenues (expenses)':
Interest income
Interest expense
Gain on disposal of fixed assets
Grants and entitlements
Total non-operating (expenses)
Income before operating transfers
Operating transfers:
Operating transfers in
Operating transfers out
Total operating transfers
Nct income
Depreciation on contributed assets
InCrease in retained earnings
Retained earnings at October 1, 1998
Retained earnings at September 30, 1999
See accomPanying notes to combined financial statements
44,302,396
5,787,568
2,250,513
1,814,227
3,535,999
2,439,182
228,081
4,972,805
10,539,527
254,847
31,822,749
12,479,647
4,357,000
(5,684,712)
120,931
212,875
(993,906),
11,485,741
111,294
(100,398)..
10,896
I 1,496,637
4,925,528 ..
16,422,165
95,089,502
$ 111,511,667
Attachment F
lOI
PUBLIC UTILITIES
Collier County Summary
Information From The
2002 Budget Workshop
June 21-22, 2001
Aug-Og-O1
Admiaistratlon
UfiIidcs
Wat,r Opcratlo~
W a ~c-w~.tz Opcvadot:s
PILT
{ndircct Cat Allocation
Subtotal-OpcratJou-i
l~.c fu nd..JLo s dl~4i~c.
P. ezcrve-Mefit/Pay pi'an Adj.
llmcre¢-C~l~ Flow
S .,btotal-R.~acrv~$
To (410) Debt
To (411) Wtr Imp
To (412) Water Cptl
To (414) SewcI' CpO
Cammuaity Dev~lopmcrtt
To (301) Fa:iliti~
To (00I) Ow Fund
Total AppropHa. dor~
Collier County Public Wks
County. Water & Sewer District Operations
Utilities (408) 10l
FY 99/00 F'Y 00/01 FY 00./0 t FY 01 I02 FY' O 1102
Actual Adopu=d Fon:eatst Cua-'rc'n l Expanded
741,120 336,900 339,600 361,3~} 0
1,681,062 2,825.000 2,81L600 3,114,100 171,200
0 79~,R00 716,600 758,300 706,400
9,162,L27 10,5~0,400 [ 1.170,000 12280,1~0 230.$00
9,5~ 1,772 10,952.100 11,055,300 I.l, 851,500 44~,00o
1.527,300 1,620,800 1,620,800 1,7~l,300
846500 1,130,900 1,130,900 1,246,600 0
23,546381 28,214.900 28,gSl,g00 39._,353,2{.10 1,5§3,100
35,877 60,000 60,000 60.000 0
0 2,g43,500 0 1,617,700 132.,000
0 0 0 656.400 0
0 2.,606,000 0 0 0
0 6,043,300 0 8,08lt,3 ti0 ¢01,200
35,~77 [ 1,552,/~00 60.000 10,49-2,400 5____200
1~,373,900 9,393,000 9,393,000 7,760,400 0
0 10,700,000 0 0 0
4,500,000 3,~55,000 3,355,000 4,126,700 0
2,500,000 !,l,400,000 [ 1,400,000 lg.512,000 0
0 139,000 139,000 0 0
147,200 0 0 . 0 641,600
2so,ooo z o,ooo o o
39,273,458 75,00A.700 $l,44g,g00 73}74,700 2,727,900
P.(
FY 01/02 %
Total I:hdgct
Budget Change
361,300 · 7.2%
3,285,300 16.3%
1,464,700
12.510,600
13,296,500 2~ .4',~
l,Ta~ ,300 7.4%
1,246,600 10.2%
33,906,300 20-2°/~
OO,O00
1,749,700 .3B-5
656,400
0 -tOO.o°/
8,489,500
10.955,600 '5.2°/
7,760,400 - 17.4~
0 -
4,126,700 23.0%
18,51%000 62.4",
fl -lO0.0°,
641,600 N/,
O -100.0~
75,9o=,6oo
;-o~-oz
*?
County Water & Sewer District Operations (Cont.)
Ut~ties (408)
P .0z
AdmLnira'~dau
U~l{~cs FEn.-mcial Opctation.s
V,'~tcr Op c-ratio ~
Wmstcwater Operations
SubtntaI-Opcrafion~
R¢(mbf1'raJu lets
Carr7 Forw~d
TomlKcvc~uc
FY 99/00 FY 00/01 FY 00/0l FY f)l/O2 FY 01102
A. cma) Adopted Fo£ecMt Current Expanded
Exp~,-v l~ud~et Exp/R. cv S~vlcc Service
219,074 125,100 71OD00 159,300 0
188,956 289,500 284~00 262,000 0
21.000.722 20,829,100 20,951,000 21,0<)1,300 0
24,188,214 23,084,200 23.103,800 24,176,t00 0
45,002,966 '45,226,900 45,049,300 45.598,700 0
500.000 1.075,000 1.075,0~) 3.753,000 0
0 30.5a4,100 33,~05,300 ~7.530,~00 0
1,572,627 400,000 1.300,000 l.OnO,O00 0
0 (2,2st~oo) o (~.32~,9oo) o
47,675,§93 75,004,700 81,329,600 75,902,600 0
FY 01/02 %
Total Budge~
Bud~'¢,,~.. Chang_~
159,300- 27.3%
262,000 -9.2%
Zl,O01,300 0.~%
24,176,100 0.8%
45,598.700 0.8%
Total Posic/or~
g.0 3,0 3.0 3.0 5.0
0.0 10.0 9.0 9.0 ?.0
38.0 38.0 39.0 39.0 3.0
89,0 ~5.(] 95.0 90.0 2.0
1 l 5.0 ! 20.0 120.0 120.0 4.0
251.0 266.0 266,0 267.0 16.0
3.0 0.0%
16.0 00.0%
42.0 10.5%
98.0 3.2%
124.0 3,3%
283.0 6.4%
APPENDIX B- EXISTING DEBT INFORMATION,
O LL
w
° 'g 'g z
E~ '= co -.,= = E '= '=
~ o o o o~ o o o o o
z o o o o o ~ ~ ~
I
0 0 0 0 0 ~ ~ ~
z
~ w ~z
5 ~ wO 0 0
Zz ZZ Z Z Z Z
~ ~Z ~Z ~Z ~ 0 0 0
$I3,090,000
Collier County Water-Sewer District (Florida) 101
Water and Sewer Revenue Bonds
Series 1992
Dated: Jul)' 1, 1992 Due: Jul)' I. as shown below
Th Water and Sewer Revenue Bonds. Series 1992 {thc "Series 1992 Bonds") arc being issued b)' the Collier County' Water-Sewer District (thc
· 'District"~ as full)' rcglstcred bonds in thc name of Ccdc & Co.. as Bondholder and securities dcpositors.' nominee or Thc Depository Trust
Company. New York. New York {"DTC-). Individual purchases will Ix: made in book-cmO' form only through Direct Panlcipanu (defined
ns c ual to thc principal amount o£ each maturity shown on this cover page. Intcrcst on thc Scries 1992 Bonds is
hem·n) in dcnominatio q . Pa 'meats of dnci al of. rcm·urn, it' any,
je::,u:3t 19,. and sem,annu l'y on each Ju,y I and Janua?, t. crc t'ter..
~ Seri~s 1992 Bonds will be made to purchasers Dy D~rcct Pamc~pants t>cc
SYSTEM" hcrcln). The Citizcns and Southern National Bank oI Florida, Fo~ Laudcrdalc. Florida. will servc as Paying
Agent and Registrar [or thc Series 1992 Bonds. The Scrics 199~ Bonds arc subject to optional and mandatory
rcdcmptlon prior to their stated maturitics as described hcrcin.
This cover page contains information for quick rct'¢rcncc only. It is not a summary o1' thc issue. Invcston must rcad thc entire Official Statement to
obtain information essential to thc making of an informed investment dccision.
· ' ggl Bonds arc being issued For thc purpose or' ti) paying a po_re·on of thc cost of acquiring the water, sewer and irrigation £acilitlcs or'
Thc Scats l_ . ~. ....... ,,c-r',..~ ~r t-~llicr Count" tthc "L. ountv") as dcscrib,:d here n. (ii) mal~mg a deposit into thc Reserve
thc Pcllcan Bay Scr'.'mcs L~lVlSlOfl Linc roou ; u, ~u ; .~ . . '
Account and (iii) paying certain costs oF issuance of thc Series 199~ Bonds. Thc Scales 1992 Bonds arc being issued as Additional Bonds (as defined in
thc Resolution) on a parity with thc 5;88.2'05.000 aggregate principal amount outstanding or. thc District's Water and Sewer Revenue Bonds. Series 1985.
the District's Water and Scwcr Revenue Project Bond. Series 198~. and thc District's Water and Sewer Revenue Bonds. Series 1991 (collcctivcly. thc
· 'prior District Bonds") all issued by thc District pu~uant to the provisions of Rcsolution No. CWS-gS-5 adopted on July 2,0, 1955. zs restated.
amended and supplemented {collectively. thc "Resolution").
The S~ries 1997. Bonds ~re s~cured by · pl~lge or., ·nd · party first lien on, thc Pledged Funds (~s defined in the Resolution), as pro~ided in thc
Resolution. Sec "SECURITY FOR THE SERIES 1997. BONDS." The S-eries 19'92 Bonds sb~ll not be deemed to constitute a general obligation or
p1edlle of the t.~ith ·nd cr,~dit or. thc District, the County, the S£tte or' Florid~ or any polltic·l subdirision thereof withih the meaning or' ·ny
constitutional, lci:isl·ti~¢ or ch·ncr prods·on or limitation. Holders of the S.~ries 19'92 Bonds shall ne,'er b~'e the right, directly or indirectly, to
requlrc or comp~l the exercise of any taxing power o[ the District, the County or any other political subdiHsion et' the State or' Florida for the payment
of the Scales 19'97. Bonds- The S~:ries t992 Bonds ,,nd the obligations e~idenced thereby do not constitute · lien upon any property of the District. the
Coun~ or the State of Fiodd~, but shall constitute n parity first lle, only on, and p~yabl¢ solely from, the Pledged Funds-
Thc payment of thc pr·nc pal of and inter, st on the Series 1992 ~onds will be insurcd by a municipal bond insura, ncc policy to be issued by
inane al Guaranty insurance Company ("Financial Guaranty") simultaneously with thc deliver' or' the Series 1992 Bonds. For a discussion or' thc
~2rms and provisions or' such policy, including thc limitations thereof, sec "~UNICIPAL BOND INSURANCE" hcr~in.
Financial Guaranty Insurance
FGIC. Comps,.
In thc opinion or' Bond Counsd. under existing statutes, regulations, rulings and court decisions and assuming compliance with thc tax covenant
dcscribed herein, intcrcst on the Series 1992 Bonds is excluded t'mm gross income for Federal income tax purposes, and is not a specific preference
item for purposes of the Federal altcmative minimum tax. Such intcrcst will be includable in thc calculation of a corporation's alternative
minimum taxable income. Sec. however, "TAX EXEMPTION" herein regarding certain other tax considerations. Bond Counsel is also
of thc opinion that interest on thc Series 1992 Bonds is cxcropt from taxation under existing laws of the State of Florida. except as to
estatc taxes and taxes imposed by Chaptcr 220. Florida Statutes, on intcrcst, income or profits on debt obligations owned by
corporations, banks and savings associations. Sec 'TAX EXEMPTION" herein.
AMOUNTS, MATURITIES. INTEREST RATES AND PRICES OR YIELDS
$10,140,000 Serial Bonds
............................ Price
Price interest or
Interest or
Amount Maturity Rate Yield Amount Maturity Rate Yield
$600.000 1993 3.20 % 100% $775,000 2000 5.50% 5.55%
595.000 1994 4.20 100 81S.000 2001 S.'/0. 100
620.000 1995 4.50 100 $60.000 2002 5.80 100
645.000 1996 4.75 1130 910.000 2003 5.90 100
680.000 1997 4.90 4.95 965,000 2004 5.90 5.95
?0S,000 1998 S.20 I IX) 600.000 2005 6. I 0 100
740.000 1999 5.375 5.40 630.000 2006 6. I $ 100
S2,950,000 6.3'/5% Term Bonds due July !, 2010 ~ Price 100%
(Accrued interest to be a~ded)
Th' co,;,, 199' rt,,ndx are offered in full book-entry form when. as and if issued br the District and recei*~d b)' the Under'alters tubject to the
· ' ~'7'v~as~eir le alit' b' ~a~ra. Gibtin & Nickers~n. P~. Tampa. Flo~da. ~ond Counsel. Certain legal marten will ~ss~d on for the
app~,,,;,, h~. ~ .... ~ Ry ~ul,r F~nuire Nanles Florida· Attorne)' to the District. Certain legal marten ~qll ~ ~sxed fi~n~or the
~'~'~;'D~' ~[J~T'~E ~'-~.~-~n~t ~[l~r and Olive P~ Tailaha~see Florida Raymond James &
Raton. Florida i~ acting as Financial ~dvi~or to the Count)' and the District. It is ex~ed that tettlement jor tnt
Se~es 1~2 Bonds will ~cur in New York. New York. on or a~ut Juh' 14. 1~2.
Smith Barney, Harris Upham & Co.
Incorporated
Alex. Brown '& Sons
InCorporated.
Junc 30. 1992
,NE.~___..~V [S__~_SUE-FULL BOOK ENTRY
/
Collier County Water-Sewer District (Fl°rid·)
$40,320,000
Water and Sewer Refunding
Revenue Bonds, Series 1994B
$24,225,000
Taxable Water and Sewer Refunding
Revenue Bonds, Series 1994A
Dated: JanuaO' 15, 1994 Due: July 1, as shown on the Inside Cover Page
Thc Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A (thc "series 1994A Bonds") and the Water and Sewer Refunding Revenue
Bonds. Series 1994B (thc "Series i994B Bonds") (thc Scales 1994A Bonds and thc Series 1994B Bonds being collectively referred to as thc "Series
199-~ Bonds") arc being issued by thc Collier County Water-Sewer District {the "District"l as fully registered bonds and initially will be
registered in the name of Cede & Co., as nominee of The Depository Trust Company. New York, New York ("DTC"). Individual
purchases will be made in book-entry form only in denominations or S5.000 and integral multiples thereof. Pumhascrs of the Series 1994
Bonds ,,,'ill not receive physical delivery of certificates. Transfers of ownership interest in the Series 1994 Bonds will be effected by
DTC book-cnt%' system as described hernia. Interest on thc Scales 1994 Bonds is payable on July 1. 1994 and semiannually on
each January I and July I thereafter. Principal of, premium, if any. and interest on thc Series 1994 Bonds wilt be payable by
First Union National Bank of Florida, Miami, Florida, as Paying Agent and Bond Registrar. Thc Series 1994 Bonds are
subject to optional and mandatory redemption prior to their slated maturities as described herein.
This co,'cr page contains information for quick reference only and is not a summary of this issue, lnvcstar~ must read the entire Official Statement
to obtain information essential to the making of an informed investment decision.
Thc Series 1994 Bonds are being issued (i) to advance refund all of the District's Water and Sewer Revenue Bonds, Series 1985 (the "Series 19SS
Bonds"). all of thc District's Water and Sewer R. cvenue Project Bond. Series 19g? (thc "Series egg7 Bond"), and a portion of thc District's Water and
S¢,~'cr Revenue Bonds, Series 1991 (the "Scrles 1991 Bonds") '{.collectively, thc "Refunded Bonds"), and (ii) to pay certain costs of issuance of thc
Series 1994 Bonds. Thc Series 1994 Bonds are being issued as Additional Bonds {as defined in thc Resolution) on a parity with that portion of the Series
1991 Bonds which is not refunded in connection with the issuance of the Series 1994 Bonds and the District's Water and Sewer Revenue Bonds. Series
1992 [collectively, the "Prior District Bonds"). all i~ued by the District purauant to the provisions of Resolution No. CWS-85-5 adopted on July 30,
1985. as restated, amended and supplemented (roll.lively, thc "Resolution").
The Series 1994 Bonds ·re secured by · pledge of, ,,nd · p,,rtty first lien on, the Pledged Funds (as defined in the Resolutioo), as provided in the
Resolution. See "SECURITY FOR THE SERIES 1994 BONDS." The Series 1994 Bonds shall not be deemed to constitute · general obits-lion or
pledge of the faith and credit of the District, Collier Count, the St·te of Florida or ,ny politiml subdivision of the St·re of Florida for the ptyment of
the Series 1994 Bonds. The Series 1994 Bonds and the obligations evidenced thereby do not constitute · lien upon -,ny property of the District, Collier
Count)' or the State of Florid·, but shall constitute · parity first lien only on, and pnyable solely from, the pieclged Funds.
Thc payment of the principal of and interest on the Series 1994 Bonds ,~511 bc insured by a municipal bond insurance policy to be issued by
Financial Guaranty Insurance Company ("Financial Guaranty") simultaneously ~.;ah the delivery of thc Sedcs 1994 Bonds. For a discussion of thc
terms and provisions of such policy, including the limitations thereof see "MUNICIPAL BOND iNSURANCE" heroin.
l"l F'mancia[ Guaranty Insurance
FGIC. Company
FGIC is · registered s.e~ice m~rk ~s~ by Fi~nnclsl G.m'~lqr Insurance Compn,~y under license fr~m its p~rent oomph.y, FGiC Corporation.
In the opinion of Bond Counsel, under existing statute, r~gulatiorts. _rulings..an~ court decisions and assuming compliance with the tax covenants
described herein, interest on thc Series 1994B Bonds is excludable from gross income for Federal income tax purposes, and is not an itrm of
preference for purposes of thc Federal alternative minimum tax imposed on individuals and corporations. Such interest, however, wilt be
includable in the calculation of a corporation's alternative minimum tamable income. See "TAX EXEMPTION ~ SERIES 1994B
BONDS" herein regarding certain other tax considerations. Bond Counsel also is of the opinion that interest on the Series
1994A Bonds and the Series 1994B Bonds is exempt from taxation under er. isling laws ortho State of Florida, except as to
estate taxes and taxes impo~d by Chapter 220, Florida Statutes, on interest, income or profits on debt obligations
owned by corporations, banks and savings associations. Interest on the Series 1994A Bonds. however, will be
included within the gro~s income of the holders thereof for purposes of Federal income taxation.
The Series 1994 Bands are offered, when, as, and il'issued by the District and accepted by the Underwriters. subject to the approval as to their legality' by
~Vabors. Giblin & Nicker$on.
Cuyler. Esquire. Naples. Florida. Attorney to the District. Certain legal matters will be passed upon for the Underwriters by their
counsel. Carlton. Fields. Ward. Emmanuel. Smith & Cutler. P.A.. Tampa. Florida. Raymond James & Associates. Inc. Boca
Raton. Florida is acting as Financial Advisor to Collier Count)' and the District. it is expected that the Series 1994
Bonds will be available for delivery to the underwriters in New York. brew York. on or about February 16. 1994.
Alex. Brown & Sons
incorporated
Smith Barney Shearson Inc.
William
R. Hough & Co.
JanuaB' 25. 1994
New Issue -- Full Book-Entry.]- U [ ,.~.~
In the opinion of ~ond Counsel, under ex/sting Statutes, regulations, rulings and court decisions and subject to the conditions
described herein under' TAX EXEMPTION," interest on the Refunding Bontls is (i) excludable from gross income for federal income tax
purposes, and [ii) not on item of tax preierence for purposes of the fed~.ral alternat/ve minimum tax imposed on indiv~duals and
corporations. Such interest, however, will be includable in the calculation 0~ o corporat/on's alternative minimum taxable income and
may be sub]ec~ to other federal income tax consequences referred to herein under "TAX EXEMPTION." Bond Counsel is further of the
opinion that the Refunding Bonds and the income thereon are exempt from all present intangible persona/ property taxes imposed
pursuant to Chapter 199, Florida Statutes.
COLLIER COUNTY WATER-SEWER DISTRICT (FLORIDA)
$6,605,000
Water and Sewer Refunding Revenue Bonds, Series 1999A
$22,855,000
Water and Sewer Refunding Revenue Bonds, Series 1999B
Series 1999A Bonds Dated Date: January 1, 1999 Due: July 1, as shown on the inside cover page
Series 1999A Bonds Delivery Date: Ianuary 21, 1999
Series 1999B Bonds Dated Date: April 1, 1999
Series 1999B Bonds Delayed Delivery Date: April 6, 1fl99
The Water and Sewer Refunding Revenue Bonds, Series ~.999A (the "Series 199§A Bonds") and the Water and Sewer Refunding
Revenue Bonds, Series 1999B (the "Series 199913 Bonds,~ and together with the Series 1999A Bonds, the "Refunding Bonds") are being
issued by the Collier County Water-Sewer District (the District ') as fully registered bonds and initially will be registered in the name
of Cede & Co.. as nominee of The Depository Trust Company, New York, New York ["DTC"]. Individual purchases will be made in
bock-ent~ form only in denom/nations of $5,000 and integral multiples thereof, purchasers of the Refunding Bonds will not receive
physical delivery of certificates. Transfers of ownership interest in the Refunding Bonds will be effected by DTC's book-entry system as
described herein. Interest on the Refunding Bonds is payable on July i, 1999 and semiannually on each January 1 and July 1 thereafter.
Principal of. premium, if any, and interest on the Refunding Bonds will be payable by First Union National Bank, Jacksonville, Florida,
as Paying Agent and Bond Registrar.
The Series 1999A Bonds are not subject to redemption prior to their stated maturities. The Series 1999B Bonds are subject to
optional redemption prior to their stated maturities as described herein.
This cover page contains information for quick reference only and is not a summary of this issue. Investors must read the entire
Official Statement to obtain information essential to the making of an informed investment decision.
The Seri..e,s 1999A Bonds are being issued, together with certain other legally available funds of the District, to (i) refund certain
of the District s currently outstanding Water and Sewer Revenue Bonds, Series 1992, and (ii) pay certain costs of issuance of the
Refunding Bonds. The series 1999B Bonds are being issued, together with certain other legally available funds of the District, to
(i) refund all of the District's currently outstanding Water and Sewer Revenue Bonds, Ser~es 1991, and (ii) pa.y certain costs of
issuance of the Refunding Bonds. The Refunding Bonds are being issued as Additional Bonds (as defined in the Resolution ) on a parity
with the District's outstanding Water and Sewer Revenue Bonds, Series 1992 which remain outstanding followingthe delivery of the
Series 1999A Bonds, TaXable Water and Sewer Refunding Re, venue Bonds, Series 1994A, and Water and Sewer Refunding Revenue
Bonds, Series 1994B (cOllectively, the "Prior District Bonds'), all issued by the District pursuant to the pro,v, isions of Resolution
No. CWS-85-5 adopted on July 30, 1985, as restated, amended and supplemented [collectively, the "Resolution ).
ON PARITY AND EQUAL STATUS WITH THE PRIOR DISTRICT BONDS, THE REFUNDING BONDS ARE SECURED BY A
PLEDGE. QF.-AND LIEN ON'THE~LEDGED FUNDS (AS DEFINED IN THE RESOLUTION ]', AS PROVIDED IN THE RESOLUTION. SEE
"SECURITY FOR THE REFUNDING BONDS" HEREIN. THE REFUNDING BONDS SHALL NOT BE DEEMED TO CONSTITUTE A
GE1VERAL OBLIGATION 'OK PLEDGE OF THE FAITH AND CREDrr OF THE DISTRICT, COLLIER COUNTY, THE STATE OF
FLORIDA OK ANY POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR THE PAYMENT OF THE REFUNDING BONDS.
THE REFUNDING BONDS AND THE OBLIGATIONS EVIDENCED THEREBY DO NOT CONSTITUTE A LIEN UPON ANY PROPERTY
OF THE DISTRICT, COLIJ~.~ COUN'I~ OK THE STATE OF FLORIDA, BUT SHALL CONSTITUTE A LIEN ONLY ON, AND PAYABLE
SOLELY FROM, THE PLEDGED FUNDS.
The payment of the principal of and interest on the Set/es 1999A Bonds will be insured by a municipal bond insurance policy to
be issued by Financial Guaranty Insurance Company simultaneously with the delivery of the Series 1999A Bonds. The payment of the
principal of and interest on the Series 1999B Bonds will be insured by a municipal bond insurance policy to be issued by Financial
Guaranty Insurance Company Simultaneously with the delivery of the Series 1999B Bonds. For a discussion of the terms and provisions
of such policies, including the limitations thereof, see "MUNICIPAL BOND INSURANCE" herein.
~ Financial Guaranty ln~u.rance
FGIC.
Company
FGIC is a registered aery/ce mark used b7 Financial Guaranty Insurance Company, a private company not atfiliated with any U.S, Government agency.
The Refunding Bonds are offered when, as, and if issued by the District and accepted by the Underwriters, subject to the approval as
to their legality by Nabors, Giblin 8' Nickerson, P.A., Tampa, Florida, Bond Counsel. Certain iegal matters will be passed'on for the
District by David C. Weigel, Esq., Naples, Florida, Attorney to the District. Certa/n legal matters w//] be passed upon for the Underwriters
by their counsel, Bryant, MiLler and O//ve, P.4., Tampa, Florida. William R. Hough ~r Co. Naples, Florida is acting as Financial Advisor
to the District. It is expected that the Series 1999A Bonds w/il be available for delivery on or about January 21 I999 and that the
Series ~999B Bonds will be available for delivery on or about April ~, 1999. See "DELAYED DELIVERY RISKS"her'ein.
Raymond James & Associates, Inc. Salomon Smith Barney
Dated: ~anuary 8, 1999
101
APPENDIX C - USER CHARGE SYSTEM
~EWER USE ORDINANCE ~ ~
DRDINANCE REGULATING THE USE OF PUBLICLY OWNE~ ~
STEWATER FACILITIES AND PRIVATE SEWERS AN~ -~
~RAINS; PROVIDING A PURPOSE; PROVIDING -~
DEFINITIONS; PROVIDING ABBREVIATIONS; PROVIDIN~ ~
SUPPLEMENTAL SERVICE CHARGE; PROVIDING RULES AN~ --
REGULATIONS; PROVIDING FOR MONITORING AND
INSPECTION OF FACILITIES; PROVIDING FOR
VIOLATIONS; PROVIDING FOR CONFIDENTIALITY OF
INFORMATION; PROVIDING FOR SERVICE CHARGES AND
FEES; PROVIDING FOR CONFLICT, SEVERABILITY, A.ND
EFFECTIVE DATE
BE IT ORDAINED AND ENACTED BY THE BOAS{D OF COLLIER COUNTY
COMMISSIONERS OF COLLIER COUNTY, F~ORIDA, EX-OFFICIO THE GOVERt~ING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that:
· ~ECTION ONE - PURPOSE
1.1 This ordinance sets forth uniform requirements for
direct and indirect contributors into the'wastewater collection and
,:.' treatment system for Collier County Water-Sewer District and enables
~ Collier County Water-Sewer District to comply with all applicable
State and Federal laws required by the.Clean water Act of 1977 ~nd
the'General Pretreetmen~ Regulations (40 CFR Part 403).
1.2 The Objectives of this ordinance are:
1.2.1 To prevent the introduction of pollutants into the
County wastewater system which.will interfere with the operation of
the'system or contaminate the resulting sludge;
1.2.2 To prevent the introduction of pollutants into the
6ounty Wa~e~ater system which will'"'~Ss through the system,
inadequately treated, into receiving waters or the atmosphere or
oth~rwise be incompatible with the system;
1.2.3 To improve the opportunity to recycle- and reclaim
wastewatsrs and sludges from the system; and
1.2.4 To provide for equitable distribution of the cost of the
.County wastewater system.
1.3 This'ordina~ce provides for the requlation of. direct and
"'"'' indirect contributors to the municipal wastewater system through the
-' issuance, of permits to certain non-domestic users and through
enforcement acti¥itie~, · requires user reporting, assures that
10'l
ORDINANCE NO. 2000- 3 4
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, ~ING
SUBPARAGRAPHS 3.2.A.1. and 3.2.A.2. OF COLLIER COUNTY
ORDINANCE NO. 97-48, TO REVISE THE R~TES. FEES AND CHARGES
V~iTHIN THE COLLIER COUNTY WATER-SEWER DISTRICT, ALSO
AMENDING SUBPARAGRAPH 3.3.D. REGARDING EFFLUENT
IRRIGATION USAGE CHARGES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES OF COLLIER COUNTY; PROVIDING AN EFFECTIVE
DATE.
THE NEW RATES: SUBPAKAGRPHS 3.2.A. 1. and 3.2.A.2.
Water
(a) Service Availability Charge for Individually Metered Residential, Non-Residential,
Multi-Family Residential and Irrigation:
5/8 and 3/4 inch meter $ 12.00 per month .
1 inch meter $ 24.00 permonth
1 ~A inch meter $ 36.00 per month
1 V2 inch meter $ 44.00 per month
2 inch meter $ 69.00 per month
3 inch meter $ 134.00 per month
4 inch meter $ 207.00 per month
6 inch meter $ 411.00 per month
8 inch meter $ 737.00 per month
10 inch meter $1,200.00 per.month
12 inch meter $1,700.00 per month
Co) Volume Charge Per 1,000 Gallons: ....
(i) Individually Metered Residential, Non-Residentlat,
Residential (no separate meter for irrigation):
Base Usage Amount
Usage greater than Base Usage Amount
Usage greater than 2 times the Base Usage Amount
and Multi-Far~
· $1~0"
$2.25
Base Usage Threshold (per month):
Meter Size Base Usage
5/8 anti, inch meter
1 inch meter ':
I 'A inch meter
t V2 inch meter
2 inch meter
3 inch meter
4 inch meter
6 inch meter
8 in.ch meter
10 inch meter
12 inch meter
10,000 gallons
25,000-g'allOns
40,000 gallons
50,000 gallons
80,000 gallons
160,000 gallons
250,000 gallons
500,000 gallons
900,000 gallons
1,450,000 gallons-
2,150,000 gallons
Two times Base Usage
20,000 gallons
50,000 gallons
80,000 gallons
100,000 gallons
160,000 gallons
320,000 gallons
500,000 gallons
1,000,000 gallons
1,800,000 gallons
2,900,000 gallons
4,300,000 gallons
(ii) Residential or Non-Residential Irrigation (separately metered):
All usage $2.03
.J
2. Sewer
(~) Service Availability Charge for Individually Metered R~idential, Non-Residential,
and Multi-Family l~.¢s~dential:
5/8 and SA inch meter $ 17.00 per month
inch meter $ 35.00 per month
% inch meter $ 53.00 per month
Va inch meter $ 65.00 per month
inch meter $ 101.00 per month
inch meter $ 19'7.00 per month
4 inch meter $ 305.00 per month
6 inch meter $ 606.00 per month
8 inch meter $1,087.00 per month
10 inch meter $1,750.00 per month
12 inch meter $2,600.00 per month
(b) Volume Charge Per 1,000 Gallons:
(i) Metered Usage $1.94
(ii) Individually Metered Residential Maximum: The maximum volumetric
charge for individually metered residential, property shall be 10,000
gallons per month.
SUBPA._RAGRA.PH 3.3.D. - EFFLUENT IRRIGATION USAGE CHARGE OF
THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO
WATER AND SEWER DISTRICT, AND THE GOODLAND WATER
DISTRICT:
1. Effluent irrigation usage in each District shall be at the following schedule:
(a) Service Availability charge:
(i) Individually Metered Irrigation:
5/8 and V4 inch meter $ 4.35 per month
1 inch meter $ 10.90 per month
1 Va inch meter $ 21.75 per month
2 inch meter $ 43.50 per month
3 inch meter $ 87.00 per month
4 inch meter $ 174.00 permonth
6 inch meter $ 330.00 permont~
8 inch meter $ 600.00 per month
10 inch meter $ 960.00 per month
12 inch meter $1,430.00 per month
VqHEREAS, the Board of County Commissioners of Collier County, Florida is the Ex-
Officio Governing Board of the Collier County Water-Sewer District; and.
WItEREAS, staff, following ref~ommendafions in the Ap.ril 2000, Rate Review, has
recommended to the Board that specified water and sewer monthly rates, fees, and charges be
decreased and simplified as to eliminate the three distinct rate formats for residential, multi-family
and commercial classes and replace it with one rate format for all custo_mem; and has recommended
meter sizes up t~ 12 inch meters for all.servic~ availability charges; and
WHEREAS, thc Board agrees with and affirms the Rate Study and staff's
recommendations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORII)A., AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT OF
coLLIER COUNTY, FLORIDA, AND AS EX.OFFICIO THE GOVERNING BOARD OF
THE MARCO WATER AND SEWER DISTRICT, AND THE GOODLAND WATER
DISTRICT that:
Underlined text is added, ~uekqt,,magh text is cl~leted
2
SECTION ONE. AMEI~MENTS TO SUBSECTIONS 3.2.3..1. AND 3.2.3.2. OF SECTION
THREE OF COLLIER COUNTY ORDINANCE NO. 97-48.
Subsection 3.2.A.1.. (a')(i) & (ii), and Co)(i),(ii) & (iii); and 3.2.A..2. (a)(i) & (ii), and Co)(i) &
(ii), all in Section TBSLEE of Ordinance No. 97-48, are hereby amended to read as follows:
3.2. Monthly Rates, Fees and Charges.
A. Monthly user fees for the Collier County Water-SewerDistfict.
Residential and non-residential properties within the boundaries of the Collier
County Water-Sewer District shall pay the following rates, fees and charges for
service provided by the Collier County Water-Sewer Districts:
I. Water
(a) Service Availability Charge for Individually Metered Residential, Non-
Residential, Multi-Family Residential and Irrigation:
5/8 and '/4 inch meter $ 12.00 per month
1 inch meter $ 24.00 per month
l 'A inch meter $ 36.00 per month
1 ¼ inch meter $ 44.00 per month
2 inch meter $ 69.00 per month
3 inch meter $ 134.00 per month
4 inch meter $ 207.00 per month
6 inch meter $ 411.00 per month
8 inch meter $ 737.00 per month
10 inch mete,[ $1,200.00 per month
12 inch meter $1,700.00 per month
First "*'"'~' :' ~ ~ ~:~ $t 2.90
Co) Vol~e ~ge P~ 1,000 G~lo~:
In,~nn 20,999
~ ~ ~did~udly Met~ R~id~tinl~ Non-R~idenfid~ ~d Mul~
-F~ily R~i~fl ( no s~te met~ for i~gation):
~ B~c Usage ~o~t
Usage ~tcr ~ ~c B~o Usage ~o~t $1.8Q
Underlined text is added, g~.'-c.k "'-,,.~-.'-gh text is d~lcted
3
. r~, ~ hold (peri'th):
. . , ~ ~. BascUsage
Meter S~c Base Usa~ Two tim~ B~c Usage
5/8 and % inch meter
1 inch meter
1 ¼ inch meter
1 ¼ inch meter
2 inch meter
3 inch meter
4 inch meter
6 inch meter
8 inch meter
10 inch meter
12 inch meter
10,000 gallons
25,000 gallons
40,000 gallons
50,000 gallons
80,000 gallons
160,000 gallons
250,000 gallons
500,000 gallons
900,000 gallons
1~450,000 gallons.
2,150,000 gallons
20,000 gallon, s.
50,000 gallons_
80,000 gallon.s.
100,000 gallons
160,000 gallons
320,000 gallons
500,000 gallons
I?000,000 gallons_
_1,800,000 gallons
2,900,000 gallons
4,300,000 gallon_s
(44i-) (ii) Residential or Non-Residential Irrigation (separately metered):
All usage
$2.03
S ewer
(a) Service Availability Charge for Individually Metered Residential, Non-
Residential, and Multi-Family Residential:
5/8 and 3/4 inch meter $ 17.00 per month
I inch meter $ 35.00 per month
1 ¼ inch meter $ 53.00 per month
1 V2 inch meter $ 65.00 per month
2 inch meter $ 101.00 per month
3 inch meter $ 197.00 per month
4 inch meter $ 305.00 per month
6 inch meter $ 606.00 per month
8 inch meter $1,087.00 per month
10 inch meter $1,750.00 per month
12 inch meter $2,600.015 per month
SECTION TWO.
e:_~, .~ .... ,,: ..... :* $17.99 pzr mc, nth
Each ""'~:':~"~' '~ .... ": .....
~) Vol~e ~ge Per 1,~0 Gallom:
e, n~ $1.94
(i) M~ter~ Usag:
vol~e~c ch~ for ~dividu~1y meter~ r~idenfi~
~~S TO S~SE~ON 33.D. ~ SE~ON ~E OF
COLLIER CO~ O~CE NO. 97~8,
Subsection 3.3.D.(a)(i), in Section THREE of Ordinance No. 97-48, is hereby mended to
'read as follows:
Section 3.3. District Rates, Fees and Charges other than Monthly User Fees.
D. Effluent irrigation usage in each District shall be at thc following schedule:
Underlined text is added, '""~"" ..... ~ '
g ........ ~, text is dileted
4
(a) Service Availability charge:
(i) Individually Metered Irrigation:
5/8 and V4 inch meter $ 4.35 per month
1 inch meter $ 10.90 per month
1 'A inch meter $ 21.'/5 per month
2 inch meter $ 43.50 per month
3 inch meter $ 87.00 per month
4 inch meter $ 174.00 per month
6 inch meter $ 330.00 per month
8 inch meter $ 600.00 per month
10 inch meter $ 960.00 per month
12 inch meter. $1,430.00 per month
SECTION THREE. CONFLICT AND SEVERABILITY.
The provisions of this Ordinance shall be liberally construed to effectively carry out its
purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase,
sentence or portion of this Ordinance is for any reason held invalid or unc6nstitutionai 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 hereof.
SECTION FOUR. iNCLUSION IN TIlE CODE OF LAWS .AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. Sections of the Ordinance may be renumbered or relettered
to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall become effective July I, 2000, upon being filed with the Department
of State.
PASSED AND DULY ad6pted:by'the Board:or County Commissioners this
_ pc~_a~ ,2000.
. q ¢ day or .......
ATTEST:
..... D ,W~...Gtqr E. BROCK, CLERK
.."'"'. ' ;'5i'.";'."-'-'.' '", "
-: ,: ,-.'.;By..:,?~~-,- . '
.~ .~ ~ ./,~i::,'. :,'-: :~ '.i>4uty Cl~rk .
\":..':..:. :. q ~,;,~_...~.~.
"....' ' ' · '..~r~";,~ to torm ana
........ ~egal 's~cienc~:
Assistant County .Attorney
Underlined text is added, °'-'"' a. .... "m text is d~leted
5
.OA COU W comassiom ',
~ls ordinate filed with the
filing r~calv,d thi~ ~~ ~','3'' ,~,.f ~'~'...:;~
· :~ · ..,:.. ,.:{-q*~
k % .. '..?',~
STATE OF FLORIDA)
COUI~TY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Clrcul Collier County, Florida do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000-34
which was adopted by the Board of County Commissioners on
the 9th day of May, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board of
~unty Commissioners of Collier County, Florida, this 10th day
of May, 2000.
DWIGHT E BROCK -' -'...'-' ....... ~.?-~-?:'"-.
· ~. ~...~ ~ ...... ..?~_:...:... o,,.
Clerk of Courts and .~er~--:.?~,':~-~ -%~"-
Ex-officio to Boar~.~f .... ,...?...... 4..-~....
County Comm~sslone~: .. ~,..'.~ ".: ... .~.,.:'.:-':
~ ~ ~ ., . ......... . .~..... ~.. .
i .. .... ,.'. ,'
By: Kamen Schoch, ",,.., .'.?....:.~].: ',,."
Deputy Clerk ..... ""
Article
Article
Article
Article
Ordinance No.
lOI
2001 - 13 .... INDEX
I- General
74-100.
74-101.
74-102.
74-103.
74-104.
74-105.
74-106.
74-107.
74-108.
Repeal of Ordinance
Short Title
Authority
Applicability.
Findings
Purpose
Adoption of Impact Fee Studies
Rules of Construction
General Definitions
II - Impact Fees
74-201. Imposition of Impact Fees
74-202. Payment
74-203. Use of Funds
74-204. Alternate Fee Calculations
74-205. Developer Contribution Credit
HI - Special Requirements for Specific Types of Impact Fees
74-301. Overview of Special Requirements
74-302. Special Requirements for Road Impact Fee
74-303. Special Requirements for Water Impact Fee and/or
Sewer Impact Fee
74-304. Special Requirements for Parks and Recreation Impact Fee
74-305. Special Requirements for Library Impact Fee.
74-306. Special Requirements for Emergency Medical Services
Impact Fee
74-307.. Special Requirements for Educational Facilities Impact Fee
74-308. Special Requirements for CorreCtional Impact Fee
74-309. Special Requirements for Fire Impact Fee
IV - Affordable Housing Impact Fee Waiver or Def, err~l
74-401. Impact Fee Waiver or Deferral
74-402. Affordable Housing Definitions, Benefit Standards and
Limitations. -
Page
1
2
2
2
2
3
3
4
5
18
21
23
26
28
35
36
39
46
46
47
47
48
48
50
55
Article V. Miscellaneous Provisions
74-501. Collection of!mpact Fees in Default. 56
74-502. Update Requirement. 58
74-503. Incorporation of Admini strative Procedures Manual 58
74-504. Declaration of Exclusion from Admirfistrative Procedures Act. 59
101
COLLIER COUNTY /~/~ "
CONSOLIDATED IMPACT FEE ORDINANC
ORDINANCE NO. 2001 - 13 .
AN ORDINANCE OF COLLIER COUNTY, FLORIDA; PROVIDING FOR
A SHORT TITLE, AUTHORITY, APPLICABILITY, FINDINGS,
PURPOSE, ADOPTION OF IMPACT FEE STUDIES, RULES OF
CONSTRUCTION AND GENERAL DEFINITIONS; PROVIDING FOR
IMPOSITION OF IMPACT FEES, INCLUDING GENERAL
REQUIREMENTS, IMPACT FEE RATES, IMPOSITION OF IMPACT
FEES BASED ON CHANGES IN SIZE AND USE OF A BUILDING OR
DWELLING UNIT, EXEMPTIONS FROM IMPACT FEES, PROVIDING
GENERALLY FOR WAIVER AND DF_FER[-3AL OF IMPACT FEES FOR
AFFORDABLE HOUSING, AND FOR REIMBURSFM.ENT OF CERTAIN
DEFERRED OR WAIVED FEES; PROVIDING FOR THE PAYMENT AND
COLLECTION OF IMPACT FEES; PROVIDING FOR USE OF FUNDS,
INCLUDING PROVIDING FOR SEPARATE IMPACT FEE TRUST
FUNDS AND THE USE OF IMPACT FEES COLLECTED; PROVIDING
FOR ALTERNATIVE IMPACT FEE CALCULATION PROCEDURES;
,,PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT
PROCEDURES; PROVIDING FOR SPECIAL REQUIREMENTS FOR
SPECIFIC TYPES OF IMPACT FEES, INCLUDING AN OVERVIEW,
AND SHORT NAME, PURPOSE, LIMITATION ON APPLICABILITY,
PAYMENT, USE CE FUNDS, AND IMPACT FEE RATES, AND
ESTABLISHING OR REAFFIRMING IMPACT FEE DISTRICTS, AS
APPLICABLE, FOR: ROAD, WATER AND SEWER, PARKS AND
RECREATIONAL, LIBRARY, EMERGENCY MEDICAL SERVICES,
EDUCATIONAL, C°RRECTIONAL AND FIRE FACILITIES IMPACT
FEES; PROVIDING FOR AFFORDABLE HOUSING IMPACT FEE
WAIVERS OR DEFERRALS, INCLUDING DEFINITIONS, BENEFIT
STANDARDS, AND LIMITATIONS; PROVIDING FOR COLLECTION OF
IMPACT FEES IN DEFAULT; PROVIDING FOR PERIODIC REVIEW
AND UPDATE; PROVIDING FOR INCORPORATION O.F.
ADMINISTRATIVE PROCEDURES MANUAL; PROVIDING FOR .
DECLARATION oF EXCLUSION FROM ADMINISTRATIVE
PROCEDURES ACT; PROVIDING FOR APPENDICES FOR IMPACT
FEE RATE SCHEDULES & DISTRICT BOUNDARIES; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS ANDORDINANCES; PROVIDING ....
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR REPEAL OF
SPECIFIED ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE' BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT;
SECTION ONE. Collier County hereby adopis an Ordinance that reads as
follows: :" ~ ' :
ARTICLE I ' :'- %-'!
GENERAL --
Sections 74-1 through 74-99, Reserved, ~"'' . . . i
?'-. : _,
Seotlon 74-100. Repeal of Ordinances. . .. ,, j
On the effective date of this Ordinance the lollowlng Collier County Ordjqances~ were
repealed and superceded in their entirety: Number 98-69, as amended, the Collier
County Regional Water and/or Wastewater Systems Impact Fee Ordinance; Ordinance
99-39, the Collier County Parks No, 88-97, as amended, the Collier County Library
System Impact Fee Ord, inance; Ordinance No. and Recreational Facilities Impact Fee
APPENDIX D - CONSENT ORDER
Go~,~.mor
For~ Myers. Florida 33902-%~4?
CE~Tii=IE-D ~ NO. 7000 1670 0005 5300 4745
lames D. Carter, Ph.D., Chairman
Collier Counts' ttom'd of County Commissioners
330[ E. Taxniarni Trail
Naples, Florida 34112
CounW - DW
OGC Case No. 01-0552-1i-DW
Collier County North B.¢gional
FL0141399
Dear Dr. Caner:
t~nclOsed is ~he Consent Order to resolve thc above referenced ca~e. Please sign this copy
and remm k to the Depa/tmcn; within fift~n.(IS) days.
If you have any questions plea, e contact Keith Kleinmann at (941) 33~6975, ~ 182,
· Your ~oper~ion in resoMng ~s c~e is appreciate.
Sine,ely,
~chard W. Can~rell
Dire~or of
Diguim Matmgemem
Enclosure
James Mndd
80 'd
"More
10-98-d3S
BEFORE THE STATE OF FLORIDA
DEpAI~.T%~c2~T OF EN¥I~OI~lVKENT~L PROTECTION
STATE OF i:rLORIDA DEPARTMF. NT
OF ENVIRO~~AL PROTECTION,
Complainant,
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS,
Respondent.
IN TM'F~ OFFICE OF THE
SOUTH DISTRICT
OGC FILE NO. 01-0552-11-DW
CONS'E..NT. ORDER
This Consent Order is entered into between the State of Plofida Dep~xuncnt of
Environmental Protection ("Department") and Collier Board of County Commissioners
("Respondent~) to reach settlement of eerra/.'n matters at isme between the Department and
Respondent.
The Deparunem finfl~ ~r~d the Respondent admits the followbag:
1 .' The Depa~ment is the admiuLva-arive agency of the State of Florida haviaug the
power and duty to p'ro:ect Florida's air and water resources and to actm~ui,ter and enforce thc
provi~i0ns of Chapter 403, FloricI~ Statutes, and the rules promulgated thereunder, Tide 62,
Florida .Administrative Code. The Department h~q jur[sdicticm over the matters addressed...im
this Consent Order.
2. .Rr..$'pondent i$ a person within the meaning of Section 403.031($), Florida
Statutc.q. · '-
3. Respondent i~ the owner and is rcspo~ibI¢ for the operation of th~ Collier
County North Regional Water Reclamation Facilky, au g.$ mmlon ~Ilo:m per day (MOD)
annual average doily flow (AADF) icdvated sludge process wasteWat~r treamaem facility
(~North Facility") with chlorinated effiueI~ to two Cla~$ I injection wells located ~t the Collier
County. North V;~ter Trcitment Plaint, a Regional l~eu~
~e PMm ~vcr ~ w~ disc~g~ to ~e C~ohat~ee ~ver. The No~
locat~ at Latitude 26~ t5' !2" N, ~i~e. 810 45' 26" W, Co~i~r Counw, Naples, ~o~a.
Kespondent is ~Bo ~ o~er ~d ~ respomiblc for ~ ~rstlon of ~e ColIiar Co~ Sou~
~onal Water Recl~fion Faceit, '~ 8 MGD ~F m~ed Lud~ck En~ger pr~ess
wastewater ~za~ent hcit. iO' (South Fac~i~) wi~ c~lo~r~ effi~nt to a regional reuse
system and a Class ~ injection well. ~a Sou~ Facih~ is lo~ at Latitude 26~ 05' 30~ N,
~ngimde 81 o ~3' 3(>" W, Collier Count, Naples. Florida.
4. Respon~em ~,iolat~ Flori~ A~n~ve Code ~.A.C.) Rule
62~.7~(2)(a) w~ch pro~biu ~e. release or ~spos~ of excreta, sewage, or o~r
wamwaters or domes~c watewat~ msiduats w.i~our provid~g p~ ~m~e~ ~d F.A.C. -
R~e 62-~.410(6) which ~ukei ~t aE hc~ifies md ~uipm:nr ne~ for ~e ~em,
reuse, and d~pos~ of dom~fic wastewa~er or domestic waSewamr
me,rained ~ a mi~_imum, so as to ~cfion ~ ~mM~. On I~ 26, md 28, 2001;
Febm~ 7¢ 14. t5, 19(~), 20, 2I, 27. aM 28, 2~i: M~ch I,'~ 3, 2001. ~e ~¢ondent
reported t0 tim Dep~ent ~.at ove~ows or p~a~y
No~ Fac~ due m ~ydr~¢~ges.
5. Hav~g rmched a resolu~on of ~e mawr, ~e Depament and ~e Respondent
mumally agrec and it is
6. ~onde~ s~I1 ~b~t F~ 62~20.9t0(t2), ~No~ti~ of Completion of
Co~edon for Wa~w~ Facfii~ or Activities", for ~e 5 MGD exp~ion' to ~ Nor~
7. Re~M,nt ,~ ~e t~t at lest h~f
for ~e 5 MGD exp~ioa to ~e No~.Fa~U is a~able for flow ~tion By D~b~
101
8. P, espondent sh.~li sub~ au ~ppHcafion for. modification of the Nor~h
(including appropriate f¢¢~, E n~c~s~) [o ~= ~t ~e =xp~on to thc Nor~ Facili~ h~
adequate e~ucnt dis~sal capac~. T~S applicadon shah b= sub~:~cd w~b%~ s~ (60) days
9. ~¢spond~nt shah ~b~k ~ appl~ca~on for mod~fmadon of ~¢ No~
(~clud~n~ aUpropr{z%c fees, ~ nccess~y) to ~co~omt~ s~ndao' e~quent disposal v~a Class I
rejection wells at the No~ Co~ water Tr~cm PI~[' or the South PacHi~,
application shzlI include approprht¢ protoco~ to ensu~ ~at r¢chim~d watcr lines =¢
d~cted, The app~cadon ¢~1 be ~¢¢d to ¢h¢ D~en~ ~t~ sL~ (60) days of
date of ~s Cogent Order. ~y aon¢~cfion n¢¢ess~W s~l be completed by December
2001.
(~clud~g approp~ fe~, if n~¢~) for a ~po~ in~rco~t of rech~
~tween ~¢ No~ ~cili~ ~d ~¢ Sou~ FaoiliW. ~e applicafion ~h~H be ~b~ ~o
Dependent ~ s~y (60) days of the ~ of t~ Co~¢nt ~- ~¢ a~Hcafion
include prov~io~ for d~pos~ of a portion of ~e Nomh PaailiW's e~uent ~ ~le CI~s
injection well at the Sou~ Pacili~, ~y co~on n~s~' sha~ bc comple~ by
11. Respondent sS~t sub~t ~ application for m~fi~fion of ~e No~
(~cludifiE~ppropfiaze-f~s, ff n~¢ss~) to ~i ~de~a~ly'-dcs~ flow
~s at ~¢ No~ Pao~icy ~n s~ (60) days ~ ~¢ da~ of ~ C~n~ Order.
12. Respondent ~H comp1¢~¢ ~¢ co~cfion of ~e flow ~u~li~do~s~g¢
re.enid a~ve by Nov~ 1, 2~Z.
1~. Re~ond~ s~H ~bmk a comp~h¢~iVa review of ~¢ ~mdent's ~¢nt
coll~fi~ ~ a~ ~V ~paclfie~. ~e review ~ ~lhd¢ b~ mo~ ~
~ysis of ~ R~onde~'s ~ently ~io~t~ flow~, e~g flows ~d ~ ~ewa~r
-.
fl~ I0-9¢-d~S
90 'a
101
shall be si~rmd and scaled by a pro~..s$'.tonal cng'Luccr r~ist~r¢cI Lu thc Sta~ of l~Ioz'ida. The
comprchcnslv¢ analysis sh~I1 be submitted tO th¢ Department by October l~ 2001, Rcspondvr~t
shall also submit anraxal capacity analysis reports for both facilities bcghm~g $uly I, 2002 and
lasting undt July t, 2005.
14. Respondent shall submit an appEcafion and appro?riz:c fees for an e×pansion of
at least 10 MGD Annual Average DaLly Flow (AARP) to the- Nor*-h Fac[lky. The expansion
shall be des[g-ned ba~ed on maxhnum monflfly daily flow 0xC2~DF). The modification wSdt .giv~
fl~e facility a tota~ capaci~ of 30.fi MOD_MM-DF. The application chall be s~bmkted to the
'~partment by January ~6, 2002. The applkction shall be prepcred and sealed by a
pro~ess[onaI engineer registered
appl~fiom Res~em s~ e~e ~t ~e iffo~fion is ¢ubm~ed. %~biff 30 flays of
e~ecr. If ~e ~udent ~ ~ble or ~w[~g to con$~ a m~cafi~ of ~e plant's
~ea~c~ and d~o~ ~stem
:o seek ogaer relief to re.kc
15. R~pond~t
pm~mph 14 above, ~mplcte md place
2,05. - ........
16. Re~nden~ shall complcm m e~ion of ~e Sou~ Fm~ to [6 MOD
~um mog~ flow by Nov~ I, 2003.
I7. ~es~ s~H emac ~ m~om to ~e No~ Fac~ ~at ~clud,
mporary ~~m to
due m c~fions rrm
accordance with paragraph 2t, below.
4
18. ~vc~/ calendar quarter a_6t¢~ the effcafivc d~te of ~ Cogent O~¢r, .
Rcs~nden~ shall s~ ~ wring to ~e Deplane a repo~ con~g ~o~fion
~nce~ing ~e s~a~s ~d pro~ess of ~roj~m ~g ~ompl¢~d ~dcr ~s Co~n~ Order,
~fo~adon' as to co~li~c~ or noncomp~ce wi~ ~¢ applic~blc requkern~n~ 0f
Co~znt Order in¢lud~ col~cdo~ rcq~ea~ ~d c~uent lh~mfio~, ~d any reasons
for noncompliance. Such r~o~ sh~l ~o include a pzoj~tion of thc work to ~
pur~uanz to ~is Co~ Order dur~g ~z foltow~g 12 mo~ p~od. ~e m~ shall be ·
submiazd to ~e Dep~e~t within ~bi~ (30) days fotlow~g ~¢ ¢~ of fl~z q~rter,
19. In ~¢ ~ent of a sale or comvey~ce of ~e facility ox of ~e pro~ upon
~e faoili~ is l~at~, [f all of ~e m~ke~ of ~s Co~¢~ ~d~ have not ~n ~ly
safisfi~, Respomdent sb_~l~, ar least 30 days prior ~ ~e sMe or c~vey~ of ~¢ prop¢~ or
~cHiw, (I) nofi~ ~e D~~t of such ~e or convey~, (2) p~viae ~¢ ~e ~d '
copy of ~is coms~ ~der with ~1 a~c~en~ to ~e m~w o~. The 5~e or ¢onvey~ce of
~¢ f~zi~y, or ~e prope~ ~on w~zh ~e f~i~ ia lozat~ ~ not relieve ~¢ R~o~d~nt
Respondent sMll pay ~e D~~ $160,0~.~ ~ set~ement of ~e m~er~ ad~es~M
tMs Cogent Order. ~is ~o~t ~clud~ $130,~D.~ ~ civil penalfies'fo~ al~gM
~n¢fit, and $5~.00 for ¢os~ ~ ¢~¢~ ~c~ by ~e D~~t d~g ~e
~ves~ga6on ~ ~i~ ~r ~d ~e prep~dOm ~d ~a~ of ~ Cogent Order.
s~l bc ~d¢ bk'~i~'s ch~k or mon~ o~¢r. ~e ~i[~ent sh~ ~ ~d¢ ~abl~ to the
a~i~ to ~ Cogent ~der amd ~ ~on "~s~ M~g~nt a~
101
Ornes thc civil portal'O' ~nomat, or $232,500.00. A p~pnn,el for tho ~-~d
subdued to ~e Dep~ent ~tt~ thi~ ~30) days ofen~ of~ ~s~t Order. tfth~ in-
Mhd proposal is not approved by the $ecr~ of~e D~ent, Re~ond~t
De.merit S 160,000.00 ~5~ ~en~' (20) ~3~ ofb~ing nodfi~ by
kind, propos~ ~ approved, ~e Respo~deat shall p~Y cos~ owed to
~t~n m,e~ (20) clays of being notified by the Dep~eni, Payment shall Be made by
cashier's ~neck or money order. ~e ~k~ent shJl ~. made payable to ~e "Dep~xent of
Enviro~xenr~ Protc~on' ~d sha~ ~etude th~eon ~e OGC n~ber ~signed to ~is Cogent
Order ~ ~e no~tioa "Eco~em Mmagement ~d Re~torafion T~
gl. Redolent a~ ~o pay ~e Dcp~mt sfipu[ated pe~es ~ the am~ of
St0,0~,~ ~ day for e~h ~d eve~ d~y k~ponflent fa~s to ~ly ~mpty
re.kern, am of Pa~aph 6,7 md 17 of ~s Comem Order. ~ondent
Depam~t s~pulat~ ~mlties ~ ~ mo~t of $25~.00 per ~y for ~ch and e~e~ day
Re~ondent fa~s m ~ety rumply wi~ a~y of ~e r~ukemenu of
Count Ord., R~p~dent agrees to pay ~e Depa~ent stipuht~ ~ti~ ~ ~e mo~t of
$1~.00 ~r day for ~eh ~d eve~ ~y ~nd~t faih to ~elY comply
reqz~meau of Pam~p~ I3-20 of ~is Comenr Order- A sep~aW sfip~ted ~W sh~l be
assessed for each violmion o{ ~ C~ent Ord--. Wi~ 30 days of ~ten ~md ~om the
Dep~ent, R~ond~t s~ m~e payment of-~e approp
..... ':~': ........ ~~%t of E~iro~e~l Pr°~t~n~-bF~er':fch~k or-money order ~d s~ ~lude
~ereou ~e O~ nm~ ~i~d m ~s Comegt..~der ~ ~e notation 'Eco~s~
M~gemem ~ R~on~ion Trust ~d.' Pa~ s~l ~ stat to ~e D~ent of
En~o~m~'.~o~On, P.O. Box ~49 F~ My~, ~o~ 33~'~49' ~e Dep~t
~y m~e' ~m~ for paymeat at ~y ~* ~r ~ola~om ~r. No~
shall prevent ~e Depaxm~e~t from filing voit to specifically cn~orc,~ my terms of ~ Comem
Order. Any penalties assesse~ ma~ler this l~aragraph shall be in addition 'to ~he ~tlemem.sum
agreed to ~ Pamg~ph 20 of this Con.s~t Order. If the Department i$ re~ to ~c a
lawsuit to recover sdpul.~tcd pe. n21tie~ unet~ il-d; ~ph, ~ Dep~cn~ ~ no~ be
~or~oscd ~om scc~ civil politics fo~ viola~ons o~ r~; Co~cn~ ~de;
grea~r ~n ~ sdp~atad penalties du~ ~d~ ~i~ p~h.
ZZ, If any ~v~nt, ~lu~ ad~~ve or judici~ ~1~ by
u~¢la[ed to ~c kcspondcnt, occ~s whi~ causes detay or ~c rcaso~bte l¢cI~o~ of delay,
in complying ~ ~c rcqukcmcnts of th~s Co~¢n~ ~der, Rc~ond~[ s~ll h~v¢ ~c b~dan
of proving ~c delay w~s or will be ~uscd by circu~mnccs beyond ~ faas0nablC ¢on[rol of
the Respondent and could no[ have b~n or c~o[ bc overcome by Rcspondcnt's due d~ligcnc¢.
~ono~c c~c~mnce~ shall hOC bc co~dcrad ck~m~c~ beyond ~ consol of
Responded, nor s~lt ~0 failure of a con~a~0r, ~bco~a~or, matefi~ or other agent
(collectively rafc~d to a~ "con'actot') to whom r~po~ib5iU for ~o~cc ~ delegate.
~o meet ~n~acm~ly ~poscd d~dl~es b¢ z ~c beyond ~e ~n~ol of R~ond~t,
~¢ cz~c of ~0 con. actor's late pe~o~n~ wa~ ~so beyond ~c con~ctor's ~o~. Upon
oc~¢nc¢ of ~ 'event ca~ng del~y, or u~n ~om~ng aw~e of a po~ for dct~y,
~¢~pond~t sb~11 nofi~ thc D~a~ o~lly w~ 24 ho~s or by ~¢ next wor~g day
shall, ~i~ seven ~emd~ ~ys of or~ not~fi~fiom ¢o ~c Dcp~, no~ ~a Dcp~t
~ ~rifing of ~e ~nfic~p~tcd tcn~ ~d ~usa of thc del~y, ~¢ mcas~ ~n or to b~ t~cn %o
prevent or ~~ ~¢ delay ~d fl~e ~e~able by w~ch R~ondcnt ~ ~ ~pl~cnt
~csc m~surcs. If ~¢ p~¢¢ ~n a~ ~t ~ delay, or ~dc[pa~d delay ~ bccn o: w~t be '
pcffo~¢ h¢~d~ ¢~ll ~ ~dcd for a ~r~ ~u~ fo ~e cg~ d¢lzy ~g from
~ch ¢~u~nc~. Such ~ent sh~]l ~opt ~l r~onable m~r~ n~s~ .~o avoid or
p~aph in a ~ely ~r .s~ll comfim~ a wMv~ of R~ndcm'~ fig~
extension of ~¢ for compl~ w~ ~ m~mc~ of ~s ~mcnt.Ord:r.
~. Pc~ who ~¢ ~t p~es ~o ~ Corm ~d~, but
~ ~¢ affect~ by ~h%¢ Co~ Order, ~w¢ · fi~t, p~t ~o S~dons 1~.569
"7
60 'd
120,57, Florida Statutes, to petition for an a4ministrativc he~ring on k. ~e Petition must
coma~ ~e ~o~stion s~t fo~ below ~d mu~ bc filed (re~iv~) at ~c Dep~m's O~ce
of ~ral Coumcl, 39~ Comonw~ Bo~cv~d, MS~ 35, Tall~scc, ~orida
32~99-3~0 wi~ ~ days of receipt of ~s nod~. A copy of ~c Pcddon m~t also bc
· mailed at ~c t~e of filing to ~c Di~ct.Office n~ above at ~c ad.ess i~icat~. PMk~c
to file a petition wi~ the 21 days constimms a w~ver of any ~t s~ch p~o~ has to an
admi~s~at~e hearing p~su~t te Secfiom 120.569 and 120.57, ~ofida Statures.
The ~tifio~ sha~[ conmi~ ~e foBo~g
(a) The name, a~ress, a~ teIepho~e number of each pefifio~r; ~a D~:n['s Co~qent
Order idc~flcadon ~m~r ~d ~e co~ i~ w~ch ~e ~ubj~t maU~r or ~cdvi~ [~ locate~;
¢) A st~teme~ of how md when ~ch ~ddoner receiv~ nofi~ of
smmmem of how each petitioner's ~bsmnd~ ~mr~B ~e aff~ by
A stamme~t ~ ~e ~rcr~ facu di~ by petitioner, if ~Y; (e) A smeme~ of facto w~ch
petitioner con~en~ wa~t reversal or modfficadon of ~e Cement Ord.; (~ A smtem~t of
which mits or smmt~ ~omr cont~ds mquko reversal or modfficatio~ of ~* Commt
Order; ~) A smtment of ~e rciief so.hr by petitioner, stating pr~iscly the action petitioner
~n~ ~e D~a~ent to rake wi~ rester to ~e Comc~ Order.
Ir a p~ifian is filed, ~, a~s~ative ~ process is de~i~d to fortunate agency
action. Accord~gly, ~ Dcpa~me*t's ffmat action ~y be ~erent from ~e po~ir[on takm by
.it~ ~ Notice.. _.p~som-.~hose m~tmti~ ~mr~m w~ be ~ by
Depa~ent ~ rc~d to ~e ~bj~t C~ent Or~ ~vc ~e fi~t m ~fldon to ~me a
p~' to ~e pr~d~.ng. ~ p~fion ~st co.om m ~e ~ffirements ~fi~ ~ove and be
fil~ (~eiv~)'~it~ 21 ~ys of r~ipt of ~ notic. ~ ~c ~ of
abovc ~d~ of ~e Dcpm~t. F~I~e m ~ifion w~ ~ a~ow~ ~ ~ c~m~s
a w~ver of ~ ~ ~ch ~0n ~ ~ ~est a he~ng uMcr Seqfiom 1~.569 md 120.57,
~ofida Sm~s, md to paffic~ ~ a p~ to ~ ~~g.
w~ll o~Y b~ at the approval of the pr~sh~dng officar upon ~o~on ~ed p~s~t ~o R~e 28-
A ~rson who~e ~ubst~d~ ~res~ ~ ~ by ~e Co~e~ Ord~ ~y
fimcly pe6don ~or ~n ~~ative h~ ~d~ S~cd~ 120-569 ~d. 1~0,~7,
Statutes, or may choose to p~sue negation as ~ alt~afive remedy under Section 120.573,
Flohda Statutes, before ~e'd~e ~br tiding a petition. Choosing mediation wi[1 not
adversely affect ~e right to a hmr~g [f m~i~ion does not result ~ a s~.ulement. The
pr~edures for p~g mention are set ~ ~low.
Mediation may oMy t~e ph~ [f ~e Depmenr ~d a~ ~e paffies to ~e price&lng
ague that medi~fioa is appropfiam. A pe~on may pur~e mediation by reaching a me~ia~om
agreement wkh ali p~ m ~ procee~ (w~ ~clude ~e Re~ondent, ~e Depamgnt,
~d ~m7 pe~n who ~ ~ed ~ ~ely ~d sufficient ~fifion for a ~e~g)
how ~e mb~ ~re,U of mc~ me~g p~ ~e affec~ by
agr~mmt ~t be fil~ ~ (~ived by) the Office of ~neral Co--el of
39~ Co~onw~Itk ~nl~v~d, MS ~35, T~s~, Flofi~ 32399-3~0, m~ 10 days
a~r ~e de~e ~ s~ fo~ above ~or ~e ~ of a
~e a~ment m median ~ ~el~e ~e follow'g:
(a) Thc rimes, addr~ses, ~d t=tephon* num~rs of ~y ~rso~ who ~y a~end
mediation;
(b) Thc ~rnc; address, anti.rolo-phone, number-of thc.mediator selected by thc parties,~
or a provision for selecting amc, dia~or within a specified time;
(c) The agreed allocation of the costs ~nd fees associated with the mediation;
(d) Th~. ~igrccmcnt of the parties on thc'confidentiality of discmsions and docume'l~
intzommed durhag mediation;
(e) Thc date, thnc, ,_r~d' place of the first mediation ses~on, .or a deadline for holding
the fn'~t semsion, if no m~iaior bas yet
. ~d 8~:~I dab ~o-gg-dgl
II'd
101
haw ~u~rky ~ s~ or
b~ aff=ctad by th~ action or propos=d action add.re, ss~d in this notice of in~nt or a sutt~'narl[
clcarty ider~tLfying the petition for hearing that each pm-~y has akaady filed, and incorpocating
it by ref~rcm~-
Ca) Th~ sign~ttu'-*~ of ali p~rties or th~i: author{zed i~prc$enIMJvc~.
As' provid~ ~ ~don 120.573, Pto~da S~m~s, th~ t~¢ly a~e~ment of ~It p~ies to
m~imle will ~R ~a ~ ~mi~fio~ ~pos~ by $~fio~ 120.569 ~d 120.5~, ~ori~
Statutes, for ~e~mg ~d hold~g ~ a~smafive h~ng. U~s o~a~s: ~r~d by
~: p~:~, ~c ~d~fion must be co~d~ with~ s~y days of ~c cx~d0n of ~o
a~cnt. If mcd~adon r~ ~ seulmmt of ~e a~advc ~ute, ~e D~nt
m~ ~m~ a f~ order ~ora~g ~ ~ment of ~c p~[cs. Pcr~o~ whose
~mr~ ~H ~ ~ by ~h a m~ed ~1 d~h[~ of ~e D~~ ~vc a fi~t to
~ddon for a h~g o~y ~ ~r~ce ~ ~c m~r~nu fo~ ~h ~fifiom ~t
a~vc, ~d mm~ ~czefo~ fde ~c~ .~ddo~ wi~ 2I day~ of r~ce~pt of ~ notice.
m~tion tektites wight sc~cm of ~o ~sputc, ~e D~cm shill not~
in w~fi~g ~at ~c 'a~~dve h~g pz~esscs ~der Scc~o~ 120.569 ~d 120.57,
~orida Sta~, rcma~ ~v~ablc for disposition of ~e dilute, ~d ~e notice w~ ~pcc~
dc~ ~at ~cn ~tI apply, for chal, I~g~ ~ agency a~on md el~g zcm~ under
those two statutes.
24. Ravpondent shall allow all authorized repres~niztives of the D:pm~mm~t access
.tO the pI'ol~rty ~ facility at rcasonablc timc-s for the purpose of determining compli~cc with
tko terms of this Consent Ord~ and the rules z~d statutes of ~ Dopm'tm~t.
25. All submtlids a~l payments ~:luircxl by this Conse~ Order w be m~bmitt~ to'
the D~partrnc'~at shall be scut to th: Florida Dc, parm~nt of Enviromm~ntaI Protcotion, P,O. Box
2549 Mort M.y~rs, l=lo~ida 33902-25z~9.
lo
26. This Con~ent Order i~ ~ settlement of thc Deparmlent's civil ~d a~i~ive
au~ori~ ~is~[ ~dcr ~o~ Ia~ to ~olve ~e ma~s ad~ h:r=~. T~s Co~ant
Or~r' L~ not a ~e~c~ of'any ~I ~bflida w~ may ~e ~ ~oria l~w, nor ~ it
a se~t~ent of ~y violation w~¢h may. be pro~ecu~
lT. The Dep~¢m h~reby ¢~ra~ty r~e~es the ~ght to ~fiate appropriate.legal
action to prevenl or pro~bk ~ny violitio~ 0f applicable
t~re~d~r ~ ~ not s~cific~iy ad~essM by ~ mm~s of thk. Comet Order.
28. The t¢~ ~d condido~ set
cou~ of comp~m ju~dicdon p~sm~ m ~dons 120.69 and ~.t21, Hofida Statutes.
Fa~ur¢ to comply ~ ~ t~ of ~s-Co~t ~dar s~ consfim~ a vloh~on of S~fion
~3,161(1)~); Flofi6a
29. ~e D~ea~ for ~d
p¢ffomnc~ by K~ondent of ~ obl~afiom ag~ to ~ ~s Count ~der, h~r~y ~iv~
i~ fi~r to se~ judki~ ~sifion of dn~ag~ or ci~I p~mtfi~ .for al~ viohfi~ ~oug~
~c ~te of ~ fiii~ of ~ Cement Order ~ a~s~ ~ ~is Co~t Order.
B0. R~ondent ~ ~y iw~e
~y ~bje~ R~pond~ to judid~ ~sition of d~ge~, civ~ ~lfies up.to $'10,0~.~ per
day p~ viohtion, ~d ;rimi~I
31. EnW of ~s Co~cnt ~r d~ no~ ~li~ve ~poodemt of ~e ne~d to co~ly
32. No m~mtiom of ~ t~ of ~s Com;m ~r s~l ~ eff~ve-~
BB. g~em ~c~owl~ges
f~
120.52(T). Florida Statutes, mad 'it is fmsd and effect/ye on the.clare filed with the Clerk of the
Department urfl.e, ssa Petition for AOministra-tlve ttearing is filed in accordance with Ch~.pter
120, :Florictx Statutes, Upot: the timely, filing of a petki'on this Comemt Order will not bt
effective ur~tit further order of Ge Depa~uuent.
FOE. TIlE p, EsPONDENT:
DATE
)'ames D. C~tcr, Ph.D., Chak~an
Collier County Board of County.
Commi~sionc:rs
DONE AND ORD~
_____, Florida.
day of.
2001,
STATE 01:: FLORIDA DEPAR'IBvIE.NT
OF ENV~o~AL PKOTECTION
Richard W. Camr¢I1
Dircctor..of -
D~stric. t M~nagcmcnt
~d LE;8I fl~M lO-OS-dB$