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Final Order #2023-02FINAL ORDER NO.2023-02 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO SECTION 1-21, COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, APPROVING AVE MARIA UTILITY COMPANY, LLLP'S APPLICATION TO AMEND ITS FRANCHISE CERTIFICATE TO EXTEND ITS SERVICE AREA BY INCLUDING ADDITIONAL LANDS. WHEREAS, Collier County Ordinance No. 96-6, as amended, the Collier County Water and Wastewater Utilities Regulatory Ordinance (the "Utilities Regulatory Ordinance"), in section 1-21, authorizes the Collier County Water and Wastewater Authority (the "Authority") final approval authority for proposed additions of utility service into any additional service area and authority to amend franchise certificates authorizing such actions; and WHEREAS, on October 25, 2004, the Authority approved Preliminary Order No. 2004- 01 recommending Ave Maria Utility Company, LLLP (AMUC) be granted Water Certificate No. 06W and Wastewater Certificate No. 09S (the "Certificates"); and WHEREAS, on November 30, 2004, Agenda Item No. 16.A.1., the Board of County Commissioners, Collier County, Florida, approved Resolution No. 2004-357 and issued the Certificates; and WHEREAS, on June 13, 2023, Agenda Item No. ITC, the Board of County Commissioners, Collier County, Florida, approved Resolution No. 2023-119 expanding the Ave Maria Stewardship Receiving Area (SRA) with Ave MariaUtilities LLP to provide utility services to the expanded area; and WHEREAS, AMUC made application for the extension of its franchise service area and seeks an amendment of the Certificates so as to include additional lands in Collier County, more particularly described by the application attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, aforesaid application was accompanied by appropriate application fees of Fifteen Thousand Dollars for proposing an extension of franchise service area; and WHEREAS, on December 16, 2022 Collier County Growth Management Community Development Department, Operations and Regulatory Management Division, Staff established that the aforementioned application for the extension of franchise service area met the minimum filing requirements pursuant to the Utilities Regulatory Ordinance and the Authority's Rules of Procedure; and WHEREAS, on August 4, 2023, Staff notified the applicant that August 4, 2023 had been established as the Official Date of Filing for application for franchise service area extension; and [23-OPS-00747/1789082/1 ] Page 1 of 2 CINO WHEREAS, on September 18 ,2023, at its regular meeting, the Authority considered the aforesaid application, the record, staff report, pertinent testimony of the parties, and comments from the public, as appropriate; and WHEREAS, pursuant to section 1-25 of the Utilities Regulatory Ordinance, the Authority has final approval for applications for additions to service areas and authority to amend franchise certificates authorizing such actions. NOW, THEREFORE, THIS FINAL ORDER IS HEREBY ISSUED by the Authority, in public meeting assembled, that: 1. The Authority hereby approves the application for franchise service area extension by AMUC for the additions of utility service into the additional service area described within Exhibit "A". 2. The Authority hereby approves the amendment of the Certificates for the provision of central water and wastewater service into the additional service area, more particularly described in Exhibit "A", subject to the following conditions: a. The service area extension will not affect (lengthen) the remaining time the franchise may operate (no time extension). b. The Board, as the Governing Body of Collier County and as the Ex-Officio Governing Board of the Collier County Water -Sewer District will have and/or retain the right to install transmission lines along Camp Keais Road. This Final Order adopted this 1? day of & �/X� 2023, after motion, second, and majority vote favoring the same. IF ATTEST: COLLIER COUNTY GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT By: a ! ll Michael Stark, Division Director, Operations and Regulatory Management Division Ap o ed as to form an egality: 1A JA, De . Perry Assistant County Attorney [23-OPS-00747/ 1789082/ 1 ] COLLIER COUNTY WATER AND WASTEWATER AUTHORITY B- Eloy Ricardo, Chairman Page 2 of 2 Attachments: Exhibit "A" — AMUC Application Exhibit "B" — Amended Certificates CA0 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY AMENDED FRANCHISE CERTIFICATE NO.06W ADDITION OF UTILITY SERVICE INTO ADDITIONAL SERVICE AREA Upon consideration of the record, it is hereby resolved that authority be and is hereby granted to AVE MARIA UTILITY COMPANY, LLLP 2600 Golden Gate Parkway Naples, FL 3410.5 To provide WATER service in accordance with the provisions of Ordinance No. 96-6, as amended, Supplemental Rules of the Board of County Commissioners of Collier County, Florida ("Board'), and Resolutions of the Board, in the territory described by Board Resolution No. 2004-357, as expanded by the Collier County Water and Wastewater Authority (CCW WA) by Final Order No. 2023-02 pursuant to Ord. No. 96-6, Section 1-21, as amended. This Certificate shall remain in force and effect until suspended, cancelled or revoked by Resolution of the Board of County Commissioners of Collier County, Florida. BOARD RESOLUTION NO.2004-3.57 DATED: 11/30/2004 CCWWA FINAL ORDER NO. 2023-02 DATED: _ l8 2oz Amended by Final Order of the Collier County Water and Wastewater Authority ATTEST: COLLIER COUNTY GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT By: d4v 9 l r, 23 N ichael Stark, Division Director, Operations and Regulatory Management Division App ed as to form and legality: Derek D. Perry Assistant County Attorney COLLIER COUNTY WATER AND WASTEWATER AUTHORITY By - Eloy Ricardo, Chairman [ 23- 0 PS-00747/ 1789079/ 1] COLLIER COUNTY WATER AND WASTEWATER AUTHORITY AMENDED FRANCHISE CERTIFICATE NO. 09S ADDITION OF UTILITY SERVICE INTO ADDITIONAL SERVICE AREA Upon consideration of the record, it is hereby resolved that authority be and is hereby granted to AVE MARIA UTILITY COMPANY, LLLP 2600 Golden Gate Parkway Naples, FL 34105 To provide WASTEWATER service in accordance with the provisions of Ordinance No. 96-6, as amended, Supplemental Rules of the Board of County Commissioners of Collier County, Florida ("Board'), and Resolutions of the Board, in the territory described by Board Resolution No. 2004-357, as expanded by the Collier County Water and Wastewater Authority (CCWWA) by Final Order No. 2023-02 pursuant to Ord. No. 96-6, Section 1-21, as amended. This Certificate shall remain in force and effect until suspended, cancelled or revoked by Resolution of the Board of County Commissioners of Collier County, Florida. BOARD RESOLUTION NO.2004-357 1 DATED: 11/30/2004 CCWWA FINAL ORDER NO. 2023-02 1 DATED: i I [8 12o z 3 Amended by Final Order of the Collier County Water and Wastewater Authority ATTEST: COLLIER COUNTY GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT BY: h, llq[&23 Michael Stark, Division Director, Operations and Regulatory Management Division Approv d as to form and legality: Derek D. Perry Assistant County Attorney COLLIER COUNTY WATER AND WASTEWATER AUTHORITY By: Eloy Ricardo, Chairman [23-0 P5-00747/1789079/ 11