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Resolution 2018-152 RESOLUTION NO. 2018- 1 5 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ACTING AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT; AMENDING THE SERVICE BOUNDARY AREA IN WHICH THE DISTRICT IS AUTHORIZED TO PROVIDE WATER, WASTEWATER AND RELATED SERVICES TO INCLUDE ALL UNINCORPORATED AREAS OF THE COUNTY NOT LYING WITHIN SERVICE AREAS GRANTED TO THIRD PARTIES BY THE WATER AND SEWER REGULATORY AUTHORITY OR AS OTHERWISE EXCEPTED BY THE SPECIAL ACT CREATING THE DISTRICT; AND PROVIDING FOR APPLICABILITY AND AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,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 to perform County functions and render services for County purposes in a manner not inconsistent with general law or with special law approved by vote of the electors. Such power includes, without limitation, the power to acquire, own, improve, operate, maintain, and dispose of water and wastewater utility facilities. SECTION 2. FINDINGS. It is hereby ascertained, determined and declared: (A) Chapter 125, Florida Statutes, grants the County the power, without limitation, to acquire, own, operate, maintain, improve, and dispose of water and wastewater utility facilities of the Collier County Water Sewer District ("CCWSD"), which powers the County exercises through the CCWSD. (B) The Board publicly advertised and held a public hearing on the expansion of the CCWSD's boundaries and interested persons had an opportunity to attend and participate in the hearing as required by Section 3(3) of the Charter created by the Special Act establishing the CCWSD, Chapter 2003-353, Laws of Florida(hereafter, the"Special Act"). (C) This expansion of the CCWSD boundary will allow the County to: (1) address and balance the impact of growth with the need to provide and plan for quality water production, treatment, storage, transmission and distribution, and wastewater collection, treatment and disposal facilities necessary to accommodate existing development and anticipated future growth in a manner concurrent with the demands for such facilities in the area, the requirements of state and federal mandates, and the demands of new development and the County's statutory responsibility to implement financially feasible comprehensive plans; (2) further develop a regional approach relative to the comprehensive supply, distribution, and treatment of water and the collection, treatment and disposal of wastewater in the County; (3) create economies of scale relative to operations, maintenance, customer service and management; (4) to more effectively and efficiently plan and fulfill its comprehensive planning requirements as provided by law and assure that high quality, cost efficient water and wastewater utility services are available to additional County residents; (5) expressly coincide with the actual boundaries provided for in the Special Act that created the CCWSD. SECTION 3. DETERMINATION OF PUBLIC USE AND BENEFIT. Based upon the above legislative findings incorporated herein, the Board expressly determines that the expansion of the CCWSD's boundaries to coincide with the actual boundaries provided for in the Special Act that created the CCWSD, and the provision of water and wastewater services through facilities owned by the CCWSD within that identified boundary, constitutes a paramount public purpose and is in the best interest of the health, safety, and welfare of the County and its inhabitants and affected ratepayers. SECTION 4. EXPANSION OF COUNTY WATER AND WASTEWATER SERVICE AREA. The area in which the County is authorized to exclusively provide water, wastewater and related services shall include all unincorporated areas of the County not lying within the below areas, which are excluded by Section 3(3) of the Special Act: 1) the Immokalee Water and Sewer District; 2) the City of Marco Island; 3) the City of Naples; 4) Everglades City; 5) the service area of the Ave Maria Utility Company, LLLP. Except for those five enumerated areas set forth above, the CCWSD's water and wastewater service areas shall include all remaining unincorporated areas of the County. See Exhibit "A," attached hereto and incorporated herein, which includes areas previously integrated into the CCWSD's boundaries by Resolution, including the City of Golden Gate and Orange Tree Utility Service areas. The County also is authorized to enter into such agreements with municipalities, towns, special districts or other governmental authorities or privately-owned utilities as may be necessary and 2 in the public interest to achieve the efficient, cost-effective and environmentally friendly provision of water,wastewater and related services to all areas of the County. SECTION 5. APPLICABILITY AND EFFECTIVE DATE. This Resolution shall be liberally construed to affect the purposes hereof and shall take effect immediately upon its adoption. 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 and the Ex-Officio Board of the Collier County Water and Wastewater Authority on the tW.M day ofSeOnrA7cyl 2018. BOARD OF COUNTY COMMISSfONERS '' COLLIER COUNTY, FLORIDA,AS.THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD O'F THE.COLLIER COUNTY WATER-SEWER DISTRICT AND EX OFFICIO BO A Pd. OF THE CO .... R COUNTY WATER A i W A EWAT' ' . ORITY ,I11iJu:.a:a° BY: Andy Solis, Chairman ATTEST: CRYSTAt K.1UNZL; CLERK ' ' BY: adCW ► I • AtteRVIV6 '. , 's signature only. Appro ed as to f rm, gality: BY: L...___ Scott R. Teach Deputy County Attorney 3 A Exhibit A COLLIER COUNTY WATER-SEWER DISTRICT 70-42r-- 0 PROPOSED WATER MAP "i-L..._ „v. Lake Trafford,RD Immokalee Water&Sewer District j' / 1- ca 4. Ni teW 1 z I 1 1.—. Z m � O as p o n Oil Well RD /N 12d ‘)) Immokalee RD Ave Maria > 1t i Vanderbilt Beach RD o Golden Gate BLVD w Big Cypress (./ �� Z Green BLVD ffi r F. [\.IJurisdic• tional Boundary /Radio RD 175 /�— Davis BLVD .PAaj 1 City of Naples Existing Water Service Area 411111 iu ® Excluded from District per Special Act 1_r I Stewardship District(Interlocal agreement in progress) Franchise Certificated Area and Stewardship District Q Community Development District Td„,i0,,;/ 1.Not all areas within CCWSD will be served. � 2.Service areas shown are approximate. ,?(� 3.The jurisdictional boundary includes all developable land within the county that is contiguous with the existing CCWSD. I ". City of Marco Island Port Of The Islands c Community Improvement District 1: i woe 4 0 IP y Everglades City O L 0 5 10 ,co Miles Chokoloskee Municipal 17 Service Taxing Unit January 2018 (Everglades City) COLLIER COUNTY WATER-SEWER DISTRICT PROPOSED WASTEWATER MAP G�#QQ4 Yy 4 Lake Trafford,RD Immokalee Water&Sewer District„ r 4. —I— (II to A ccW I 1 g--' Z 7 i ' . o a/ 1 I rn ❑ ,7c Oil Well RDa reN c Immokalee RD Ave Maria 1 Vanderbilt RD. 8Golden Gate BLVD W Big Cypress %�% QiS�BLVD� / ) Jurisdictional Boundary N- j RD 175 ..../-- X -Davis BL' 1 frA City of Naples Existing Wastewater Service Area r. I ' m ® Excluded from District per Special Act 0 I 1 Stewardship District(Interlocal agreement in progress) o Franchise Certificated Area and Stewardship District El Community Development District 4,4.: 1.Not all areas within CCWSD will be served. �l2.Service areas shown are approximate. �b 3.The jurisdictional boundary includes all developable land within the county that is contiguous with the existing CCWSD. 1 City of Marco Island Port Of The Islands cis Community Improvement District 0 C ' i ' Lr.' • a, O 0O 4 9 Everglades City -ko © 0 5 10 Ti,Miles Chokoloskee Municipal r Service Taxing Unit January 2018 (Everglades City)