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Resolution 1992-099/CWS 92-02 RESOLUTION NO. 92- 99 FEB I I 1992 CWS No. 9 ~---1 A RESOLUTION DY TIlE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-oFFICIO THE GOVERNING BOARD 01' THE COLLIER COUlCTY WATER-SEWER DISTRICT, PROVIDING I'IKDrKCS; DETERMINING THE TRANSITION Of UTILITY SERVICE FOR SEWER FROM NAPLES SEWER COMPANY TO COLLIER COUNTY REGIONAL TREATMENT FACILITIES IS IN THE PUBLIC INTEREST; CONSIDERING CERTAIN MINIMUM CRITERIA AIm STATUTORY POINTS OF CONSIDERATION AND IlAJtINC AND ADOPTING A STATEMENT SHOWING THAT THE TRANSITION AGREEMENT AND ITS CONSEQUENCES ARE IN THE PUBLIC INTEREST, INCWOING A StJMMARY OF THE COUNTY' S ...uERIElfCE IN SEWER UTILITY OP~ATION AND THE SHOWING OF FINANCIAL ABILITY TO PROVIDE SUCH SERVICES. IT IS HEREBY ASCERTAINED, DETERMINED, DECLARED AND FOUND THAT: A. The Board of County C~i..ioner. of Collier County, norida, a. the governine) body of eoll ier County and as ax-otficio the COYerning the Collier County Board of Water-sever Diatrict, (hereinafter .County.) and appropriate .taff fr~ the COllier have County Utilities Divi.ion considered and reviewed the following documentation relative to .aple. Sever COIIp8ny, Inc.: the IIOst recent available income and expense .tat...nt for the utility, the most recent available balance .h.et for the utility, listing assets an~ liabilitie. and clearly .howing the a.aunt of contributions in . aid of con.truction and the accuaulated d.preciation thereof, and a .tate.ent of the .xi.ting rate base of the utility for regulatory purpo.... Thi. information was obtained from the ..ple. Sew.r Coapany, Inc. and the reports filed with the Florida Public Service Co..ission for the year ended December 31, 1990. B. Th. County by and through its utilities Division Adalnistrators and staff have investigated and are generally appri.ed a. to the physical condition of that portion of the utility facilities necessary for interconnection of the exi.ting collection facilities presently owned by Naples Sewer Co.pany, I Naples Inc., or owned by the County and leased to Sever Coapany, Inc. As well, the County has negotiated with Naples Sewer Company and arrived at an agreement which . '-1..1 I j ,,j.)L reasonably assures that at the time any facilities are conveyed to the County tho.e facilities will be in physical condition acceptable to the County. C. Th. County has considered the reasonableness of entering into a ..rvice transition agree.ent between the County and Napl.. Sewer Company, Inc. which provides for the abandonaent and disaantling of all of the package plant traa t:JIent facilities and .iault8neou. connection to the reqi~nal tr.at..nt facilities of the Collier County Water-Sewer Di.trict. Recognizing that other alternatives are available, and alternatives represent facile that those other ~ttbnitie. with IIOre and le.s expensive approaches to the aub1ect aatter, the County has deterained that the .ubject transition agr....nt i. the be.t alternative and that the consideration, covenant. and teras thereof are reasonable. This d.teraination i. aade partially in the interest of providing for a ..oath .ervice tran.ition in an attempt to avoid ',1If 'lit .i t~. ",:1'~::.: in the intere.t of autual cooperation ai.ad at be.t serving the L t ,.' in an .xpeditious, efficient, and le.s controversial ,~ . t~. ~~.~" ~~...."" 4I(P.)\ T_:~; .~!... . ~.,~ " di.pute or opportunity cost, both known and unknown, and fubion. The County has considered the con.equence. to settling the liti9ation brought again.t the County by the other parties to thi. Aqr....nt in Ca.e Ho. 91-0983-CA-Ol-WLB in the Circuit Court for the Twentieth JUdicial Circuit and has determined that entering into the transition agreement represents on the whole the aost expeditious, effective and inexpensive method for r..olution of disputes between the parties. D. The County has considered the impacts of the consequences of the SUbject service transition agreement on both the ratepayers within the present Naples Sewer Company service area as well as all ratepayers within the Collier County Water-Sewer District. E. The County is currently prepared to install sewer facilities to connect to the Naples Sewer Company service area. Given that the current Naples Sewer Company sewer treatment n:.o I I j';:1::jt, package plant and/or necessary appurtenances are near capacity, it i. hereby concluded by the County that the public will be best served by an asicable, SJIOOth and accelerated service transition fr~ interi. .ervice to the County's regional facilitie.. F. The County will not operate the package sever plant now owned and operated by Naple. Sever Company, instead Naples sever Coapany has agreed to abandon and dismantle those interim faci:itie.. The reaaininq collection tat:ilities are subdivi.ion type iaprov..ent. and are either owned by Naples sever Coapany, or owned by the County and leased to Naples Sever Caapany. The.. collection facilities are of the nature of subdivi.ion-type t.prov...nts and vill be connected to the COUnty'. regional treataent facilities and all existing c:uatoIIer. vill be connected to the County'. regional transai..ion and treat..nt facilitie.. Impact fee. for the COUnty regional transai..ion and treat.ent facilities vill be collected fr~ the current Naple. sever Company customers over tiJle and fr~ future user. a. building perait. are pulled1 all in conforaance vith the county'. iapact fee ordinances. c. i. in the public interest that long range It planning, aanaq...nt and financing and long term maintenance, upkeep and operation of vater, .ever and irrigation facilities vithin the Collier County Water-Sever District be uniform, efficient and econ~ical. H. Naple. Sever eoapany i. regulated by the Florida Public Service Co.ai..ion. The County is exempt, by law, from regulation by the Florida Public Service Commission. The Florida Public Service C~ission has issued a certificate authorizing Naple. Sewer C0ap8ny to provide sewer service vithin the boundaries of the Collier County Water-Sewer Di.trict and partially within the boundaries of the Naples Production Park KSBU. I. Maintaining the integrity and the ability of the Collier County Water-Sewer District to provide regionalized vater, sewer and irrigation services within its boundaries, FEB I I I9S2 includinq the provision of wastewater service to the Naples Production Park MSBU, is con.istent with County's comprehensive plan and consistent with the enabling legislation for the COllier county Wat.r-Sever District. J. A perforaanc. based agr....nt between the County and Naple. Sever Coapany, and the oth.r related parties involved in the afor...ntioned ea.e No. 91-0983-CA-Ol-WLB to transition aarvice represent. an efficient, saocth and orderly procedure d..igned to ainiaize opportunity costa and to avoid and resolve dispute and controversy wh.re po.sible. K. The County has considered the nec.ssary additional inv..taent required to provide a transition from the package traataent facilities of Napl.. Sever Company to the County's regional facilities and her.by d.clares its willingness to make such an investaent. The County has considered the alt.rnatives to a transition aqr....nt with Naples Sever Company and the potential iapact on the ratepayers both in the Naples Sewer co.pany service ar.. and the ratepay.r. within the Collier County Water-Sever District. The expense and charge. resultant f~ operating package treataent facilities are uneconomical and inefficient vis a vis the provision of regional treatment and transaission facilities by the Collier County Water-Sewer Di.trict. The transition of service will avoid threaten.d dispute. relative to the provision of sever treataent services in the partially overlapping benefit areas in the Naples Production Park MSBU. Additionally, failure to transition service froa Naples Sever Company would be generally inconsistent with the County's Growth Management Plan and specific objectives related to the development and furtherance of regional water and sewer .y.telUl. L. The County has continually evidenced and exhibited the ability to provide and aaintain high quality and cost effective water and sever utility facility services. M. This Resolution shall also serve as a statement shoving that the Naples Sever Company Service Transition Aqreement is in the public interest ~nd ~h~ll be deemed to include a summary of the County's experience in the water and sever utility operation as well as a showinq of the financial ability to provide such service. M. The County operate. a regional water and sewer utility district which has continuou.ly provided regional water and sever treataent services to the coastal urban frinqe of COllier county for aany years. The County's experience and experti.. bas qrown almost expon.ntially over that period and continu.s to grow in this regard. The subject portion of the Maples Sev.r eoapany service area is wholly within the Collier County Water-Sever District. The County operates two regional vaatavater facilities with respective capacities of 4.5 and 8.0 aillion gallons per day. The county operates one 12.0 million gallon per day water treat..nt facility and has under design another 12.0 aillion qallon per day water treatment facility acbeduled for coapletion in late 1992 or early 1993. The County'. reqional vater-sever district is acblinistered by the Collier county utilities Division which employs approximately 156 persons in acco.plishing it. service aission. o. The County has the financial ability to provide sewer service. to the current Naples sever Coapany certificated area within Colli.r County. Additionally the County, while not specifically budqeted, bas IIOnies monetary to pay the conaideration and a.et the covenant. required under the subject transition aqre...nt. In both instances funds are readily available without the necessity of current borrowing. P. The County comaission has considered the Naples Sewer Coapany Service Transition Agre...nt attached hereto and after having heard public COMaent on same and having considered, by way of exaaple and not liaitation; a) b) the aany and varied circumstances surrounding the necessity and desirability for service transition; the existing local general purpose government's objectives of providing, and commitment to provide, regionalized utility services; the past, current and potential future operating' framework for the provision of utilities in the Naples Sewer c~ny certificated area; the alternatives, abilities and economics of providing sever utility services to the Naples Sewer Company certificated area; the needs and desires of residents, ratepayers, and c) d) e) C C"R I"l')()? f) landowners in the Collier County Water-Sewer District, both inside and outside the Naples Sewer Coapany certificated area; and the land development obligations of the original developers and .ubsequent purchasers in the Naples Sever Coapany certificated area to provide and receive .ever treataent until such time as development in these areas can be connected to the COUnty's regional treat..nt facilities; and alternative procedures for achieving the objectives and fulfilling the c~itaents of local government to provide regionalized utility services; and County C~ission hereby finds and concludes that the g) The Jlaple. Sever eoapany Service Transition Agreement represents the beat alternative, both short and long term, which best protects, pre.erve. and adainisters all of the various, and 8OIIetiJle. affected. ROW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF coapeting, intere.ts and desires involved or COLLIER COONTY, FLORIDA, a. the Governinq Body of Collier County and a. Ex-officio the Governing Board of the Collier County Water-Sever Di.trict, hereby resolves that: 1. The Naple. Sever co.pany Service Transition Agreement attached hereto and incorporated herein by reference is hereby accepted and adopted; and, the County's chairman is authorized to execute ..... 2. Thi. Resolution adopted after motion, second and aajority vote. DAne: ~,1.t, A"1"1'EST: ': , . . . JAKES C. GILES, Clerk - ..~,\,\~~:fU""I" .." I. . .......'. '"'''' ~.:.: '~... ., . . ~ {.ity: ?,~-~:l~ G.t:. .. ~ ~ ,; :: ' -; .. -. ". ;" . i: ~... . .: ..~ ... . .--". " .'" ~~ed.atf'to fora and leqai....u.ff iciency: BOARD 01' COUNTY COISMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND AS EX-QFFICIO THE GOVERNING BOARD OF THE COLLi COUNTY WATER-SEWER 01 \ By: . - -#1 ~ . MICHAEL J. VOLP , Ch rman f.~~. -r Q As.i.tant County Attorney rIr/6p/X72 .. nnnw~ 7?