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Resolution 2024-230 RESOLUTION NO. 2024 - 2 3 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR A FINAL ORDER, PURSUANT TO SECTION 1-19, 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 02S. 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, 1996, 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 1-19.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 governmental agencies; and WHEREAS, on November 22nd, 2023, North Marco Utility Co., Inc. ("Transferor") filed 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 1-19.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 Governmental Agencies, absent compelling reasons against, shall be approved as a matter of right. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. 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. [24-OPS-01079/1906838/1] Page 1 of 2 CAO 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 10th day of December 2024 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: jai man SS Deputy Clerk Chris F , Chairman signature only. Approved as to form and legality: jAk (.1,1— Dere D. Pe 0\ Assistant County Attorney \,�1\ti \\ [24-OPS-01079/1906838/1] Page 2 of 2 40