Backup Documents 06/27/2017 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 7/7/17
4. BCC Office Board of County
Commissioners -6/ '1 - \VA
5. Minutes and Records Clerk of Court's Office ,‘11Pfti
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Heather Bust° ,Public Utilities Phone Number 252-2540
Contact/Department
Agenda Date Item was 6/27/17 Agenda Item Number 11-D
Approved by the BCC
Type of Document Resolution—Golden Gate Water and Number of Original One
Attached Wastewater Utility System Documents Attached
PO number or account N/A
number if document is 'C
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/27/17 and all changes made during the SRT � �`��
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable. 4 r, /14
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made, and the document is ready for th- I 1 .le)ai
Chairman's signature. rpe.
PLEASE CONTACT HEATHER BUSTOS (St)WHEN READY.
Z-54{0
[04-COA-01081/1344830/1]I:Forms/County Forms/BCC Forms/Original Docents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
110
MEMORANDUM
Date: July 7, 2017
To: Heather Bustos, Operations Analyst
Public Utilities
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Resolution 2017-123/Golden Gate Water and Wastewater Utility
System
Attached is a copy of the Resolution as referenced above, (Item #11D) approved by the
Board of County Commissioners on Tuesday, June 27, 2017.
If you have any questions, please contact me at 252-8411.
Thank you.
1 1 D
RESOLUTION NO.2017- 1 2 3
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BOARD OF
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA AND ACTING AS THE EX-OFFICIO GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER DISTRICT NOTIFYING THE
GOVERNING BOARD OF THE FLORIDA GOVERNMENTAL UTILITY
AUTHORITY OF THE COUNTY'S INTENT TO INITIATE THE PROCESS
FOR TRANSFER OF THE GOLDEN GATE WATER AND WASTEWATER
UTILITY SYSTEM TO THE COUNTY; AND PROVIDING FOR
APPLICABILITY AND AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY,FLORIDA,AS FOLLOWS:
SECTION 1. AUTHORITY. Pursuant to Chapter 125, Florida Statutes, the Board of County
Commissioners (the "Board") of Collier County, Florida(the "County") has all the powers of local self-
government including the power to acquire, own, improve, operate, maintain, and dispose of water and
wastewater utility facilities.
SECTION 2. COUNTY RIGHT TO ACQUIRE THE WATER AND WASTEWATER
SYSTEM KNOWN AS THE GOLDEN GATE SYSTEM FROM THE FLORIDA
GOVERNMENTAL UTILITY AUTHORITY. County staff has concluded preliminary financial and
technical due diligence relating to the potential transfer to the Collier County Water-Sewer District
("District") of the water and wastewater systems serving the Golden Gate area (the "Golden Gate
System") which are currently owned by the Florida Governmental Utility Authority ("FGUA"). The
FGUA is a utility authority created pursuant to section 163.01(7)(g)(1), Florida Statutes (the "Utility
Authority Law"). The Utility Authority Law authorizes two or more counties, cities or special districts in
Florida to create a utility authority by interlocal agreement for the purpose of acquiring, owning,
managing and operating water and wastewater systems anywhere in Florida. The Utility Authority Law
requires any utility authority created pursuant to its terms to notify and obtain consent from the
governing body of any county, city or special district (the "Host Government") before the utility
authority may acquire a utility system which is located within the boundaries of the Host Government.
By Resolution 99-169/Resolution CWS-99-1 issued March 9, 1999, the County, as the Host Government
for the Golden Gate System, approved an interlocal agreement with the FGUA authorizing the FGUA to
acquire the Golden Gate System (the "FGUA Interlocal Agreement"). Section 1 of the FGUA Interlocal
Agreement reserves to the County the right to acquire all, but not less than all, of the Golden Gate
System from the FGUA, specifically providing as follows: "The terms and provisions of such acquisition
shall be established pursuant to a utility acquisition agreement between the Authority and the District,
subject to the terms and conditions of the Interlocal Agreement and the Indenture. Notwithstanding the
foregoing and unless otherwise agreed to by the Authority and the District, the purchase price for the
Golden Gate Utility System shall be the amount required to repay the Bonds and any additional
obligations of the Authority related with the Golden Gate Utility System. The District further agrees to
negotiate with the Authority for the payment of a pro-rata share of any reasonable, verified Authority
expenses at the time of acquisition by the District. The District shall also pay all verifiable expenses
associated with the transfer of the Golden Gate Utility System by the Authority to the District."
SECTION 3. STAFF RECOMMENDATION FOR COUNTY TO INITIATE PROCESS
TO TRANSFER GOLDEN GATE SYSTEM TO THE COLLIER COUNTY WATER-SEWER
DISTRICT. The preliminary financial and technical due diligence conducted by County staff indicate
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that it may be in the public interest for the County to exercise its rights under the FGUA Interlocal
Agreement to acquire the Golden Gate System from the FGUA. Preliminary analyses indicate that the
District's service area surrounds the Golden Gate System, application of District rates to current
customers of the Golden Gate System would result in a decrease of monthly water and wastewater bills
of nearly $40 a month, and there would be no material adverse impact on current customers of the
District from the acquisition of the Golden Gate System. For these reasons and based upon the
information provided in the preliminary financial and technical reports from the County's consultants,
County staff recommends that the Board authorize staff by this Resolution to initiate the process for final
due diligence and negotiation of the terms of transfer of the Golden Gate System from the FGUA, notify
the FGUA board of the County's desire to initiate such process, and request that the FGUA provide
County staff such documents and access to the Golden Gate System as will facilitate the final stages of
due diligence and place its management and contractors on notice of the County's intent to initiate the
transfer process.
SECTION 4. NO DETERMINATION OF PUBLIC INTEREST FOR TRANSFER. This
Resolution does not constitute a determination of public interest in the transfer of the Golden Gate
System to the District. Florida law requires that after the conclusion of final due diligence by County
staff, if the County determines that transfer of the Golden Gate System from the FGUA to the District
has merit, public notice and a public hearing must be held for the County to consider certain factors
identified in section 125.3401, Florida Statutes. After considering the required factors at such hearing,
should the Board determine that acquisition of the Golden Gate System is in the public interest, an
acquisition agreement would then be executed by the County and FGUA providing the terms of such
transfer and transfer date.
SECTION 5. APPROVAL OF NOTICE TO THE FGUA AND INITIATION OF FINAL
DUE DILIGENCE ACTIVITIES AS EX OFFICIO GOVERNING BOARD OF THE COLLIER
COUNTY WATER AND WASTEWATER DISTRICT. County staff is hereby authorized to take
such steps as are necessary to notify the FGUA board of the contents of this Resolution, conclude final
due diligence activities and negotiate terms relating to the potential acquisition of the Golden Gate
System by the District, and request that notice be given to all current contractors and suppliers of the
initiation of the acquisition process so that any FGUA contract or service termination obligations can be
initiated.
SECTION 6. APPLICABILITY AND EFFECTIVE DATE. This Resolution shall be
liberally construed to affect the purposes hereof and shall take effect immediately upon its adoption.
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PASSED AND DULY ADOPTED at the meeting of the Board of County Commissioners
of Collier County, Florida, acting as the Ex-Officio Board of the Collier County Water-Sewer
District on the 11+% day of June, 2017.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,AS THE
GOVERNING BODY OF COWER COUNTY
AND EX-OFFICIO BOARD OF_THE COLLIER
COUNTY W T EWER DISTRICT
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Rec'd
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ATTEST:
DWIGHT E. BR , lerk
BY:
Deputy Clerk
ppro -d as to F an Legality:
cott R.Teach
Deputy County Attorney
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