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Resolution 2003-356 IDA .. RESOLUTION NO. 2003- .22.L A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, APPROVING THE TRANSFER AND CONTROL OF THE MARCO ISLAND AND MARCO SHORES WATER AND WASTEWATER UTILITY FACILITIES FROM FLORIDA WATER SERVICES CORPORA T10N TO THE CITY OF MARCO ISLAND, FLORIDA WHEREAS, on May 20, 1997, the Board of County Commissioners (BOARD) granted Florida Water Services Corporation water and wastewater Certificates for the continued provision of water and wastewater treatment service to Marco Island and the Marco Shores service area in unincorporated Collier County; and WHEREAS, Collier County Ordinance No. 96-6, as amended, specifies the process for utilities Wlder rate and service regulatory jurisdiction of the Collier County Water and Wastewater Authority (AUTHORITY) to file Applications for approval of proposed transfer of water and/or wastewater certificates, facilities, or control of said facilities; and WHEREAS, on September 9, 2003, Florida Water Services Corporation (TRANSFEROR) and the City of Marco Island (TRANSFEREE) filed a Joint Application for transfer of the Marco Island and Marco Shores water and wastewater systems and requesting waiver of the application fee pursuant to Ordinance No. 96-6, as amended; and on Monday, September 22,2003, the AUTHORITY considered this Joint Application during its regular meeting; and WHEREAS, the AUTHORITY issued its Preliminary Order No. 2003-01, incorporated herein as Attachment "A", thereby recommending that this BOARD grant Final Order Approval of the applied-for transfer of the Marco Island and Marco Shores Utility Systems from Florida Water Services Corporation to the City of Marco Island, with no change to any water or wastewater service area, rate or tariff. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The AUTHORITY'S Preliminary Order No. 2003-01 is affirmed and the application fee is waived. The sale and purchase is hereby APPROVED. 2. This County approval does not change any service area boundary or any rate or tariff of either utility system being sold to the City. 3. TRANSFEREE shall notify Mr. D. E. "Bleu" Wallace, Executive Director of the AUTHORITY, of the closing date of sale/transfer, and Mr. Wallace, on behalf of the BOARD, shall cancel the Certificates and deliver the cancelled Certificates to the TRANSFEREE. This Resolution is adopted this l~ day of second, and majority vote favoring adoption. ()~ , 2003 after motion, ATTEST: DWIGHTE. BROCK - . , By~,K By: ~.. Deputy Cler~ . . AttfSt as to Ch~ ~ r'It4n · s s 1 gnat,ure on11. .. Approved~.tolorm . And legal sufHfie,cy ~ ""- j.J~~ Thomas C. Palmer, Assistant County Attorney ATTACHMENT "A" lOA PRELIMINARY ORDER NO. 2003 - 01 COLLIER COUNTY WATER AND WASTEWATER AUmORITY PRELIMINARY ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO SECTION 1-19, COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, RECOMMENDING THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE mE APPLIED-FOR TRANSFER BY SALE AND PURCHASE OF FLORIDA WATER SERVICES CORPORATION'S MARCO ISLAND AND MARCO SHORES WATER AND WASTEWATER SYSTEMS TO THE CITY OF MARCO ISLAND, AND WAIVING THE APPLICATION FEE WHEREAS, Collier County Resolution No. 96-104, excluded Collier County from the provisions of Chapter 367, Florida Statutes, whereby Collier County assumed certain subject matter jurisdiction over non-exempt water and wastewater utilities providing water and/or wastewater service in specified areas of unincorporated County and within the City of Marco Island, Florida; and WHEREAS, Ordinance No. 96-6, as amended, established the Collier County Water and Wastewater Authority (AUTHORITY) with its powers and duties; and WHEREAS, on May 20, 1991, the Collier County Board of Commissioners (BOARD) adopted Resolution Nos. 97-242, 97-243, 97-244, and 91-245, thereby granting to Florida Water Services Corporation (UTILITY) Grandfather Certificate Nos. 03W, 07S, 04W, and 08S, respectively, for the Marco Island and Marco Shores water and wastewater systems. for continued provision of water and wastewater service in the specified unincorporated areas of the County and within the City of Marco Island (CITY); and WHEREAS, Ordinance No. 96-6, as amended, provides a process for utilities under the AUTHORITY'S Chapter 367 jurisdiction, to file an application with the AUTHORITY for approval ofa transfer by sale and purchase of water and/or wastewater certification, facilities and control; and WHEREAS, on September 9. 2003, UTILITY and CITY submitted a Joint Application, with exhibits, to the AUTHORITY. to obtain from the AUTHORITY Acknowledgement of Sale of Utility Assets of Florida Water Services Corporation (Marco Island and Marco Shores Systems) to the CITY; and WHEREAS, the Applicants have also requested a waiver of the application fee in accordance with Subsection l-19(c), Ordinance No. 96-6, as amended; and WHEREAS, on Monday, September 22, 2003, the AUTHORITY considered the subject Joint Application during its regularly scheduled meeting for the purposes of considering the merits of the application submitted by the UTILITY and the CITY; and WHEREAS, having considered the application and all evidence and testimony received, the AUTHORITY has determined that the application complies with the requirements for such application set forth pursuant to Ordinance No. 96-6, as amended; and WHEREAS, having considered all relevant matters regarding the application, the AUTHORITY finds that no compelling reason exists to deny the applied-for transfer, sale and purchase. THIS PRELIMINARY ORDER IS ISSUED by the AUfHORITY, in public meeting assembled, pursuant to Collier County Ordinance No. 96-6, as amended, and Supplemental Rules of the AUTHORITY, as follows: 1. The Joint Application to the AUTHORITY for the applied-for transfer 'by sale and purchase has been made in good faith. lOA 2. CITY has sufficient resources to serve both certificated areas. 3. The UTILITY is in regulatory compliance. 4. CITY is a governmental agency as defined in the Ordinance, and 110 compelling reason exists upon which the AUTHORITY should recommend that the BOARD deny Final Order Approval of the applied-for transfer by sale and purchase. 5. The AUTHORITY recommends that the BOARD waive the transfer application fee pursuant to Subsection 1-19 (c) of Ordinance No. 96-6, as amended. 6. Subject to such additional evidence and argument that may be presented to and be considered by the BOARD, the AUTIiORITY recommends that the BOARD. by Final Order Approval, approve the sale and transfer of the assets and certificated water and wastewater service areas oftbe Marco Island System and the Marco Shores System, to TRANSFEREE, City of Marco Island. This Preliminary Order is adopted on Monday, the 1--"~daY of September 2003, after motion, second and majority vote in favor of adoption. Approved as to form And legal sufficiency: COLLIER COUNTY WATER AND WASTEWATER AUTHORITY B~Q.~ FAY BILES, Chairperson V'M. ?~ Thomas C. Palmer, Assistant County Attorney a;:'WFlorida ;'!I 'Wafer' ~~-'SERVfCES \~ lOA October 3, 2003 Mr. Tom Henning Chairman of the Board Board of County Commissioners Collier County, Florida Naples, Florida 33962 RE: SEWER EXTENSION AGREEMENT Dear Mr. Henning: On February 27, 1986, the Board of County Commissioners, Collier County, Florida (the Board) and Florida Water Services Corporation (Florida Water) entered into a Sewer Extension Agreement (the Agreement). Pursuant to Section VI(6) ofthe Agreement, Florida Water must obtain the Board's consent prior to assigning its rights and obligations under the Agreement. In the near future, Florida Water will be transferring its utility assets in Collier County to the City of Marco Island. This transaction is a sale in lieu of condemnation. Florida Water hereby requests that the Board give its written consent to the assignment of the Agreement to the City of Marco Island. If this is acceptable, please sign this letter in the space provided below and return it to my attention as soon as possible. As time is of the essence in this matter we would greatly appreciate your timely response. Please do not hesitate to call with comments or questions. Sincerely, tr1~0~~y'~x),j. (V~ \CU)J~/\ Melissa L. Maurer Assistant General Counsel P.O. Box 609520 I Orlando, Fi9~~~ 12Sf29520 I Phone 407( 598-4100 Watu F~ Ftruda d F tiJiure, /~ b ,- I By: }D-~ . Print Name: ~om ~n\Ars- Title: ~ t'rma r\ Date: \0 -1t...l-03 .,'1 ,. .....,..:: ,..-; ~...: ':.'"i.." .,;.'.. ~,~...:,Ji;.l,\:~-'. ;~~ -.-;. ;.\.;,~j'-'~' <:4...~o.(_,,! ~ ~~,r:.1'"'IWr~ Page 2 of2 Witness: lOA AftIft DWIIBr B. BIOC8." . " ~ Att'$t as to Chl'1 :='. S19nat~e",~11. ~ S ')"1' ,~; . . .k " 108 1J OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM FROM: Jeff KJatzkow, Assistant County Attorney TO: Minutes & Records DA TE: October 15, 2003 RE: Companion Agreement to the October 22, 2002 Developer Contribution Agreement Regarding the Lely Area Surface Water Drainage Improvements BCC Agenda 10/14/03 (Item 10 B) Attached you will find the above-referenced Agreement, which was approved by the Board at yesterday's meeting. As you can see, the Agreement has been executed by both the County and the Developer. Please have the Agreement witnessed by the Clerk, then recorded. The account number to be charged is # 313-163673-60171. Please provide a copy of the recorded agreement to this office. I may be reached at 774-8492 should you have any questions. cc: David C. Weigel, County Attorney