Resolution 1998-068
8 [-1
RESOLUTION NO. 98- 68
A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUANT TO
SECTION J-J9, COLLIER COUNTY ORDINANCE NO. 96-6, APPROVING THE
TRANSFER OF WASTEWATER CERTIFICATE NO. 06S FROM ROOKERY
BAY UTILITY COMPANY,INC. TO ROOKERY BAY SERVICES,INC..
ESTABLISHING A RECOMMENDED RATE BASE AS OF DECEMBER 31.
1991, WITH NO CHANGE IN SERVICE AREA OR SERVICE RATES. AS
RECOMMENDED BY TilE COLI.IER COUNTY WATER AND WASTEWATER
AUTHORITY.
WHEREAS. Resolution No. 96-104 excluded Collier County from the provisions
of Chapter 367. Florida Statules, thereby assuming certain subject matter jurisdiction
over non-exempt water and wastewater utilities operating in unincorporated areas of
Collier County; and
WHEREAS. Ordinance No. 96-6, as amended, established the Collier County
Water and Wastewater Authority (AUTHORITY) and specific powers l:nd duties; and
WHEREAS, on October IS, 1996. the Board of County Commissioners granted
Rookery Bay Utility Company. Inc. Grandfather Certificate No. 06S for the continued
provision of wastewater treatment service in specific unincorporated areas of Collier
County; and
WHEREAS. Ordinancc No. 96-6. as amended. provides a pro\.:css for utilities
under local jurisdiction to file an application for transfer of water andlor wastewater
certificate. facilities, or control; and
WH EREAS. on February 10. 1998. a joint application for transfer of wastewater
certificate was filed by Rookery Bay Utility Company. rnc. (TRANSFEROR) and
Rookery Bay Services. Inc. (TRANSFEREE). more particularly described at Attachment
"A," and incorporated herein; and
WHEREAS. on Fehruary 23. 1998. the AUTHORITY held a dul~1 advertised
hearing to consider said application. the rceord. stafT report. tcstimony of the
TRANSFEROR and TRANSFEREE. and public comment; and
WB EREAS. the AUTHORITY established findings of fact and conclusions of
Jaw pursuant 10 Ordinance No. ')6.6. as amended. in formulating its recommendation to
Ihe BOARD; and
WHEREAS. the AUTHORITY issued its Preliminary Order No. 98-1.
incorporaled herein as AUachment "A". recommending that the BOARD ap~'ro\"c the
Imnsfcr of Wastewater Certilicate No. 065 from TRANSFEROR. Rookery Bay Utility
Company, Inc. 10 TRANSFEREE, Rookery Bay Services. Inc.. establishing an estimated
rate base of$224.500 as of Deccmber 31. 1997. with no change to the current wastewater
service area or rale lari 0".
NOW, THEREFORE. BE IT RESOLVED by the Board of County Commissioners of
Collier Counly. Florida, thaI:
1. The AUTHORITY'S Preliminary Order No. 98-1. including the findings of
fact and conclusions of law. is hereby approved and adopted by Illc Board of
County Commissioners.
R E-l
2. Pursuant to Scction 1.19. Ordinancc No. 96-6. as amended, Wastewater
Ccrtificate No. 06S is hcreby transferred to Rookery Ba)' Services, rnc. for thc
provision of wastewater service for the service arca at Attachment "A".
3. Wastewater Certificale No. 06S shall remain in cfTcct until suspended.
canccled or rcvoked by Resolution of the BOARD.
4. This action authori7.cs no changc in the wastcwater rate tariff at Attachmcnt
"At'.
S. The acquisition rate basc for thc utility is $224,500 as of Deccmbcr 31. 1997,
as citcd at Allachment"A".
This Resolution adopted this ~ day of (, /.I/h~,,( . 1998 after motion.
second and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK
.r
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORJDA
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, ~//.;' :.. r)"-Oo . ~ If
hy:_ ~"~r4:"_" ."v;;~~ ~!' /,
Dcpuly Clerk ;
by:l-:?,~\m,~ R, f\~~\l\J
BAR-ijARA B. BERRY, CH/\ RNfAN
" ; Approved i1S 1l:>form
~"mci1;L
-i- .,/B/'. \
Thomas C. Palmer
Assistant County Attorney
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