Agenda 12/10/2024 Item #16A11 (Resolution authorizing the transfer of the facilities of the North Macro Utility Company Inc. to City of Marco Island and canceling Franchise Certificate 02S, pursuant to Ordinance No. 96-6)12/10/2024
Item # 16.A.11
ID# 2024-2029
Executive Summary
Recommendation to adopt a resolution authorizing the transfer of the facilities of the North Marco Utility Company Inc.
to The City of Marco Island and canceling Franchise Certificate 02S, pursuant to Ordinance No. 96-6, the Collier County
Water and Wastewater Utilities Regulatory Ordinance.
OBJECTIVE: To have the Board of County Commissioners ("Board") authorize the transfer and control of the
facilities of the North Marco Utility Company Inc. to the City of Marco Island pursuant to Ordinance No. 96-6, the
Collier County Water and Wastewater Utilities Regulatory Ordinance.
CONSIDERATIONS: Section 367.171, Florida Statutes, authorizes the Board to regulate private water and sewer
utilities in unincorporated Collier County to protect public health, safety, and welfare. Ordinance No. 96-6 states the
Executive Director of the Collier County Water & Wastewater Authority ("Authority") makes recommendations to the
Board concerning the regulation of utilities. The Collier County Water and Wastewater Authority, a quasi-judicial
board, is a five-member authority that reviews utility rates and related matters regarding water and wastewater utilities.
On August 13, 1996, the Board authorized the issuance of a Franchise Certificate 02S through the Authority to the North
Marco Island Company, Inc. for the transmission of wastewater within the specified service area boundaries described in
Resolution No. 96-361 for Marco Island, Florida. If the transfer is approved, the Board will cancel Franchise Certificate
02S (because the utility is being assumed by a governmental entity).
On November 6, 2023, Michael A. McNees, City Manager of Marco Island, proposed and obtained approval from the
City Council for Resolution 23-57, authorizing the North Marco Utility Company Inc. purchase for $1,800,000.
On November 22, 2023, Craig Woodward, Owner of the North Marco Utility Company Inc., submitted an application to
the Executive Director of the Collier County Water & Wastewater Authority requesting the utility transfer (and
subsequent cancelation of Franchise Certificate 02S). The application was approved under Ordinance No. 96-6 Section
1-19 F:
“An application shall be processed in the same manner as provided in Section 1-4 except that the sale or any other
transfer of a Franchise Certificate or facility, in whole or in part, to any governmental agency shall, absent
compelling reasons against, be approved as a matter of right.”
FISCAL IMPACT: Due to the transfer of this privately held utility to the City of Marco Island, a governmental agency
under Ordinance No. 96-6 Section 1-19.C., staff recommends the $2,500 application fee be waived. Additionally, the
County will no longer receive approximately $8,000 annually in franchise fees.
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
LEGAL CONSIDERATIONS: Pursuant to section 1-19.F. of Ord. No. 96-6, as amended, such transfers to
Governmental Agencies, absent compelling reasons against, shall be approved as a matter of right. This item has been
approved for form and legality and requires a majority vote for Board approval. - DDP
RECOMMENDATIONS: To adopt a resolution authorizing the transfer of the facilities of the North Marco Utility
Company Inc. to The City of Marco Island and canceling Franchise Certificate 02S, pursuant to Ordinance No. 96-6, the
Collier County Water and Wastewater Utilities Regulatory Ordinance. Additionally, the County will no longer receive
approximately $8,000 annually in franchise fees.
PREPARED BY: Michael Stark, Division Director, Operations Support & Regulatory Management
ATTACHMENTS:
1. North Marco Transfer - Final Order Resolution - 112724
2. North Marco Transfer - Application
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12/10/2024
Item # 16.A.11
ID# 2024-2029
3. Resolution 1996-361
4. Marco Res No 23-57
Page 4160 of 10663
RESOLUTION NO. 2024 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROYIDING FOR A FINAL ORDER,
PURSUANT TO SECTION I-19, COLLIER COUNTY ORDINANCE NO.
96-6,, AS AMENDED, APPROVING THE TRANSFER OF ALL
WASTEWATER UTILITY FACILITIES OWNED AND OPERATED BY
NORTH MARCO UTILITY CO., INC. TO THE CITY OF MARCO
ISLAND AND CANCELLING FRANCHISE CERTIFICATE O2S.
WHEREAS, Collier County Ord. No. 96-6, as amended, the Collier County Water and
Wastewater Utilities Regulatory Ordinance ("Regulatory Ordinance"), established regulations
for utilities providing utility service within Collier County; and
WHEREAS, on August 13, 7996, Resolution No. 96-361, the Board of County
Commissioners ("Board") granted North Marco Utility Co., Inc. Wastewater Certificate 02S for
the provision of wastewater treatment service to Marco Island service areas; and
WHEREAS, section l-19.F. of the Regulatory Ordinance provides a process for utilities
under rate and service regulatory jurisdiction of the Collier County Water and Wastewater
Authority to file applications for transfer of water and/or wastewater certificates, facilities, or
control of said facilities to govemmental agencies; and
WHEREAS, on November 22nd, 2023, North Marco Utility Co., Inc. ("Transferor")
f,rled an application for transfer of the Marco Island wastewater systems; and
WHEREAS, on December 10, 2024, the Board considered this Application during its
regularly scheduled meeting for the purposes of receiving evidence and testimony regarding the
Application for the transfer of facilities and control to the City of Marco Island, a municipal
corporation; and
WHEREAS, pursuant to section l-19.C. of the Regulatory Ordinance, the Board may
waive application fees should the proposed transferee be a Governmental Agency; and
WHEREAS, pursuant to section 1-19.F. of the Regulatory Ordinance, such transfers to
Govemmental Agencies, absent compelling reasons against, shall be approved as a matter of
right.
NOW, THEREFORE, BE IT RE,SOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thAt:
l. The transfer of all wastewater utility facilities owned and operated by North Marco Utility
Co., Inc. to the City of Marco Island is approved.
2. Franchise Certificate 02S is cancelled because the utility is being transferred to the City of
Marco Island in accordance with the Regulatory Ordinance and Res. No. 96-361.
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CAOPage 4161 of 10663
3. This action makes no change to any service area boundaries or to any rates or tariffs for
either system.
4. This resolution shall be construed as a Final Order, pursuant to the Regulatory Ordinance,
and shall become effective upon execution.
This resolution adopted after motion, second, and majority vote favoring same, this 1Oth
day of December 2024
ATTEST:
CRYSTAL K. KINZEL, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOzuDA
By:
Chris Hall, ChairmanDeputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
[24-OPS-0 l 07 9 I 1906838 I tl Page2 of2
oPage 4162 of 10663
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AUG 1 3 1996
RESOLUTION NO. 96- 361
A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUANT TO
SECTION 1-4 (E), COLLIER COUNTY ORDINANCE NO. 96-6, GRANTING
NORTH MARCO UTILITY COMPANY, INC. A GRANDFATHER
CERTIFICATE FOR TIlE PROVISION OF WASTEWATER SERVICE IN
SPECIFIC UNINCORPORATED AREAS OF COLLIER COUNTY
CONSISTENT WITII TIlE CERTIFICATE PREVIOUSLY ISSUED BY THE
FLORIDA PUBLIC SERVICE COMMISSION.
WHEREAS, Resolution No. 96-104 excluded Collier County from the provisions of
Chapter 367, Florida Statutes, 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 established the Collier County Water and Wastewater
Authority (AUTHORlTY) and specific powers and duties; and
WHEREAS, Ordinance No. 96-6 requires that each non-exempt water and wastewater
utility operating in unincorporated Collier County must apply for Grandfather Service
area Certificates from Collier County; and
WHEREAS, North Marco Utility Company (UTILITY) has submitted its application for
a Grandfather Certificate for provision of wastewater service; and
WHEREAS, on July 22, 1996, the AUTHORlTY considered UTILITY'S application and
issued its Preliminary Order No. 96-2 recommending that the Board of CountyCommissionersofCollierCounty (BOARD) grant UTILITY a Grandfather Certificate to
provide wastewater service in specific unincorporated areas of the County, more
particularly described at Attachment "B"; and
WHEREAS, pursuant to Ordinance No. 96-6, only the BOARD may issue a Franchise
Certificate to any utility operating in the unincorporated area of the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, that:
1. Pursuant to Section 1-4 (E), Ordinance 96-6, Certificate No. 02S is herebyissuedtoUTILITYfortheprovisionofwastewaterservicefortheservicearea
described at "Attachment BH.
2. A duplicate original ofCertificale No. 02S is attached hereto as "Attachment
A",
COK 000 ,~.c 4~1
Page 4168 of 10663
AUG 1 3 1996
3. Certifioate No. 02S shall remain in force and effect until suspended, canceled
or revoked by Resolution of the BOARD.
This Resolution adopted this /3 day of 6/,/nl-:I'", 1996 after motion, second
and majority vote favoring same.
ATTEST: .
DWIGHt E:BROCK, Clerk
t " ..:'
I. .' '.... J,~~/......
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA
j-:
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0.<.,,1\\
Approved as to form
and legal sufficiency:
rfM~ i. rJ
Thomas C. Palmer
Assistant County Attomey
OOK 000 rAC,' 485
Page 4169 of 10663
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
CERTIFICATE NUMBER 02S
Upon consideration ofthe l'e(ofd;lr'jf~~if~1fESOLVl:D that authority be and is
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UG 1 3 1996
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