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Resolution 2001-494 10 , · ."" RESOLUTION NO. 2001- ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING THE COUNTY'S FLOW EQUALIZATION SYSTEM FACILITIES PLAN; AUTHORIZING THE PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; DESIGNATING AUTHORIZED REPRESENTATIVES. WHEREAS, Collier County has determined that the Flow Equalization System recommended in the Collier County Flow Equalization System Facilities Plan is in the best interest of the County; and WHEREAS, staff has requested that the Board of Collier County Commissioners approve the Flow Equalization System Facilities and Capital Financing Plan after discussion at a public meeting in accordance with State Revolving Fund (SRF) requirements; and WHEREAS, The County is seeking funding from the FDEP under its SRF loan program to fund these improvements to benefit Collier County Water/Sewer customers; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT that: 1. Collier County hereby adopts the Collier County Flow Equalization System Facilities Plan, copy attached hereto and incorporated herein. 2. The Collier County Dedicated Revenue and Capital Financing Plan has been reviewed and, as discussed at a public meeting of Collier County, is hereby adopted. 3. The Board of County Commissioners hereby authorizes submission of this Plan to the State of Florida Department of Environmental Protection. 4. The Collier County Public Utilities Division Administrator is hereby authorized to carry out the County's responsibilities under this Loan Program and to delegate authority and responsibility to staff to carry out all activities to accomplish the goals of the Loan Program. 5. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this //4 day of 4~46_./'+"""- majority vote in favor of adoption. , 2001 after _ \\\\,t".ltll~'.:r""", A TTES:T::,\~r:. ~.~.':~lf~"'", DWi91ili.:Bgp9K;:ct~1f '. { l/~J<"::i';~\\\~~. BYP~Q,~~;;"', . s1911Ktn tAl,. Approved as to form and legal sufficiency: -~~~ Tom Palmer, Assistant County Attorney ,..,.,..~: ~~ 14~ li'tll/ '. OJ J -' J ,:/t.,' ">,. ......... . "-:;;. BOARD OF COUNTY COMMISSIONEiRS COLLIER COUNTY, FLORIDA, A~~' , EX-OFFICIO THE GOVERNING Bl;),ARD OF THE COLLIER COUNTY WATEff~ SEWERgDISTRICT ......:;: 'r!- :,,:>'", BY: _ ~ "01111"\ JAMES , AR', . " 'nnan t/ , '.... . .(~ j ~~. FACILITIES PLAN UPDATE Collier County, Florida NCWRF Flow Equalization System (Mural from a Collier County Wastewater Transfer Station) October, 2001 101 Table of Contents - Collier County Flow Equalization Section 1 - Executive Summary 1.1 Project Description 1.2 Project Need 1.3 Maps 1.4 Summary Section 2 - Cost Comparison 2.1 2.1.1 2.1.2 2.2 Discussion of Alternatives Alternative One - Develop an Interim and a Permanent FES (for full buildout of MMADF of 37.1 mgd) 2.1.1.1 2.1.1.2 2.1.1.3 2.1.1.4 Interim Equalization System- Primary Interim Equalization System - Backup Adequacy of the Interim FES Permanent Equalization System Alternative Two - Develop an Interim and a Permanent FES (for buildout of MMADF of 30.6 mgd) Cost Comparison Table Section 3- Environmental Effects Section 4 - Selected Alternative 4.1 Description of the Selected Alternative 4.1.1 Interim Equalization System 4.1.2 Permanent Equalization System 4.1.2.1 4.1.2.2 4.1.2.3 4.1.2.4 4.1.2.5 4.1.2.6 Tank Sizing Odor Control Tank Mixing and Aeration Equalization Return Pumps Pump Systems BlowedElectrical System 4.2 Detailed Cost Table Section 5 - Public Participation Process 5.1 5.2 Public Meeting Minutes/Advertisement Certificate of Public Participation Section 6 - Financial Feasibility 6.1 6.2 6.3 Dedicated Revenues Existing/Proposed User Charge System Capital Financing Plan Section 7 - Schedule Section 8- Adopting Resolution Appendices A B C D Financial Information Sources Existing Debt Information User Charge System Consent Order List of Tables Table 2- 1 Table 2 - 2 Table 4 - 2 Interim Flow Equalization System Process Capacity Cost Comparison Table Detailed Cost Table List of Figures Figure 1 - 1 Planning Service Areas Figure I - 2 North County Regional Wastewater Treatment Facility Site Plan 101 Section 1- Executive Summary Section 2-Cost Comparison Section 3 - Environmental Effects Section 4 - Selected Alternative Section 5 - Public Participation Section 6-Financial Feasibility Section, 7 - Schedule J Section 8 - Adopting Resolution Section 1 - Executive Summary 1.1 Project Description Develop a Flow Equalization System (FES) at the Collier County North County Wastewater Reclamation Facility (NCWRF). The system must meet the permanent needs of the facility, which is currently undergoing expansion, as well as the interim needs as defined'by the FDEP. 1.2 Project Need During the 2000-2001 peak winter season, the NCWRF experienced several overflow events. These events resulted in an FDEP Consent Order. (See Appendix D). The Consent Order, fully executed by the Collier County Board of County Commissioners and the FDEP on April 10, 2001, mandates that an expansion of the NCWRF to a maximum monthly treatment capacity of 30.6-MGD (MMADF) be operational no later than January 1, 2005. In addition, in terms of providing flow, equalization facilities, the FDEP Consent Order stipulates that: The County shall submit FDEP Form 62-620.910 (12), "Notification of Completion of Construction for Wastewater Facilities or Activities" for the on-going 5-MGD AADF expansion and place the facility on-line by December 1, 2001. The County shall ensure that at least half of the capacity of the aeration basins for the 5-MGD AADF expansion (currently under construction) is available for (temporary) flow equalization (storage) by December 1,2001. The County shall submit an application for modification of the No~th County Facility to install adequately designed flow equalization/surge tanks at the NCWRF which shall be completed and on-line by November 1, 2002. 1.3 Maps See Figure 1-1 for a Map of the Collier County Service Areas See Figure 1-2 for a Site Plan of the NCWRF 1.4 Summary To meet the needs of the FDEP Consent Order, an interim and a permanent Flow Equalization System have been designed. The systems are described in the following sections. The permanent system consists primarily of two circular' 1.5 million gallon tanks and associated equipment that provide flow equalization for a plant buildout of 30.6 mgd MMADF at an estimated construction cost of $6,337,056 and a total project cost of $9,006,398, including all loan allowances and excluding Capitalized Interest estimated at $569,204. 101 ~,. EXISllNG CONOI~ON ' ouLF OF j s a~ z j s ~ z j s ~ Section 2 - Cost Comparison 2.1 Discussion of Alternatives 2.1.1 Alternative One- Develop an Interim and a Permanent FES (for full buildout of MMADF of 37.1 mgd) 2.1.1.1 Interim Equalization System- Primary The primary alternative for an interim system places all four new aeration tanks on-line as conventional treatment units to treat the incoming wastewater flows without equalization. The overall permitted maximum month treatment capacity would be increased to 17.55 MGD. Under this alternative, the flow rate would operate as originally permitted with the excess treatment and hydraulic capacity provided by the current expansion project acting as a buffer until the permanent equalization system is complete in 2002. The clarifiers, aeration tanks, blowers and related piping between the headworks and the new tanks, as well as the piping from the tanks to the new clarifiers, are currently under construction and, based on the current project schedule, will be in place and completed in time for the 2001-2002 winter season. 2.1.1.2 Interim Equalization System - Backup Two of the four new aeration basins can be isolated and temporarily fitted with hydraulically driven submersible pumps to provide equalization storage and transfer. The stored wastewater would be pumped at a constant rate to the plant headworks. Diurnal flow routing analyses confirmed that the 1.44 million gallons of storage available in two basins will satisfy backup equalization requirements. To ensure both the primary and backup operational strategies are available to the County, the following systems must be completed and placed in service by the December 1,2001 FDEP deadline. Aeration Basins 4 through 7. Blowers. Transfer pumps (temporary) and piping. 2.1.1.3 Adequacy of the Interim FES Both systems provide adequate capacity to meet biological treatment process requirements as well as peak hour hydraulic conditions during the 2001-2002 winter season. A comparison of the available treatment and peak hydraulic capacity under each system is presented in Table 2-1 below. TABLE 2 -1 Interim Flow Equalization System Alternatives and Available Process Capacity Primary System Backup System MMADF Peak Hour MMADF Peak Hour Aeration Basin 1 2.76 4.25 2.76 4.25 Aeration Basin 2 5.53 8.50 5.53 8.50 Aeration Basin 3 2.76 4.25 2.76 4.25 Sub-Total 11.05 17.00 11.05 17.00 Aeration Basins 4 & 5 3.25 5.00 - - Aeration Basins 6 & 7 3.25 5.00 3.25 5.00 Total Capacity, MGD 17.55 27.00 14.30 22.00 2001-2002 Winter 11.70 20.60 11.70 12.90 Season Flow, MGD Percent of Capacity 67% 76% 82% 59% 2.1.1.4 Permanent Equalization System The permanent flow equalization system will equalize peak wastewater flows to 10-30% above average during the maximum month 'winter season' operating period under 'build-out' conditions. To provide sufficient volume to accommodate a 'build-out' plant capacity of 37'.1 MGD (65.2 MGD peak hour) a 4 million gallon oval storage tank will be necessary to fit within constraints of the site. 2.1.2 Alternative Two - Develop an Interim and a Permanent FES (for buildout of MMADF of 30.6 mgd) The concept of this system is similar to Alternative One with exceptions as noted below. The permanent flow equalization system will equalize peak wastewater flows to 15% above average during the maximum month 'winter season' operating period under a 'build-out' plant capacity of 30:6 MGD. To provide sufficient volume and meet FDEP minimum requirements a total of 3 million gallons of storage will be necessary. Two circular 1.5 million gallon tanks can be fit into the site with minimal site reconstruction. Round tank construction costs will be less than that of an oval tank. Only one tank and associated processing are needed for initial FDEP compliance. The second tank can be built later saving total project time. 2.2 Cost Comparison' Table TABLE 2-2 Item Alternative 1 Alternative 2 Plant Buildout MMADF, MGD 37.1 30.6 Degree of Equalization Complete Partial Number of Tanks 1 2 Volume per Tank, MG 4.0 1.5 Total Volume, MG 4.0 3.0 Shape of Tank(s) Oval Round Fill part of canal? Yes Yes Sheeting req'd, north of tank? Yes Yes Pipe relocations req'd.? Yes Yes Ductbank relocation req'd.? Yes No Site/Earthwork $1,347,300 $518,400 Tank(s) $2,732,000 $1,008,000 Concrete Structures $336,300 $191,800 Masonry $15,200 $12,000 Metals $933,000 $409,000 Doo rsNV in d ows $18,200 $9,100 Finishes $200,000 $75,000 Building Specialties $30,000'- $10,000 Process Equipment $1,196,000 $1,059,500 Conveying System $13,000 $0 Mechanical $1,339,000 $858,000 Electrical & Instrumentation $750,000 $650,000 Estimating Contingency $891,000 $480,080 GC Markup $1,957,600 $1,057,176 Total $11,745,600 $6,337,056 1_01 Section 3 - Environmental Effects To facilitate construction of the permanent facility, the following physical and institutional issues will be resolved before commencement of tank construction: 1. Relocate existing 24 inch influent force main. (Design is complete). 2. Relocate existing 8 inch water line. (Design is complete). 3. Relocate FPL overhead power lines. (Design is complete). 4. Relocate site fence. (Design is complete). 5. Site and construct a stormwater retention pond to replace the existing on-site pond impacted by the equalization tank. (Pending). 6. Fill in a small portion (0.03 AC) of the existing drainage canal along the north portion of the plant site and on the Barron Collier property. (Design is complete). 7. Obtain SFWMD permit for construction of the stormwater improvements and related on-site/off-site drainage modifications and wetlands mitigation. (Permit request submitted). 8. Reinforce subsurface conditions with vibro replacement. (Design is complete). 9. Complete structural design and negotiate final construction contract with prestressed tank construction. (On-going). 10. A modification to the NCWRF Site Development Plan to account for the equalization tank construction (to address removal/replacement of existing oak trees, etc.). (Submitted). The critical institutional constraint was anticipated to be the resolution of the SFWMD stormwater and wetlands issues. The following steps were taken to resolve the issues: 10[ 1. Obtain topography for the Barron Collier property north of the NCWRF to review drainage patterns into the existing canal. 2. Prepare a permit modification submittal to SFWMD to address the below items: a. Calculations and drawings to fill in a small portion (0.03 AC) of the existing drainage canal including design of a physical barrier (berm or wall) between proposed construction and drainage canal. b. Define the area of affected wetlands and propose wetlands mitigation. c. To construct the equalization tank, on-site Stormwater Retention Area No. 7 must be filled. Prepare drawings and calculations to replace this lost volume on-site to show no loss in total retention volume. Section 4 - Selected Alternative 4.1 Description of the Selected Alternative 4.1.1 Interim Equalization System As stipulated in the FDEP Consent Order, at least one-half of the new aeration tanks for the 5 MGD AADF expansion are to be available for flow equalization by December 1,2001. It is anticipated, based upon the historical growth in seasonal wastewater flows, that the maximum month average daily flow during the upcoming 2001-2002 winter season may reach 11.7 MGD with peak hour flows of approximately 20.6 MGD expected. A primary and a backup strategy have been reviewed to manage these peaks. The primary strategy is based on the placement of all four aeration basins and associated equipment on-line in parallel to supplement the existing plant capacity as currently permitted by the FDEP and the back- up strategy is based in the FDEP Consent Order interim equalization criteria. Under the Primary strategy, all four new aeration basins would be placed in service to increase the overall permitted maximum month treatment capacity to 17.55 MGD. Under the backup strategy, the 1.44 million gallons of storage capacity provided by Aeration Basins 4 and 5 would store excess wastewater and manually limit flow to Aeration Basins 1,2 and 3 as influent wastewater flow rates rise. The tanks would be fitted with temporary transfer pumps to return excess flow to the plant headworks. 4.1.2 Permanent Equalization System Permanent flow equalization tankage and related facilities are proposed to be located in the Northwest corner of the existing plant site directly west of the aerobic digester facility. Tank sizing and arrangement are dependent upon several factors including, available land area, setbacks and construction requirements, diurnal flow characteristics and plant hydraulics. 4.1.2.1 Tank Sizing Tank sizing criteria and constraints for construction of the equalization tankage at the NCWRF site include: · Available on-site property and construction setbacks. · Maximum tank water elevation of EL 26.5 to permit gravity flow from the headworks under peak flow conditions. · Groundwater table EL 6.0 (approx.). · Trim peaks to maintain process operations to within typical 'sustained' extended duration flow pattern limits (typically 1.1 - 1.3 x MMADF) encountered in South Florida's WWTP's. · Dual tanks to allow scheduled cleaning/repair. · Aeration of contents to maintain aerobic conditions and provide mixing. · Covered tankage and odor control system(s). Based on an analysis of anticipated peak seasonal wastewater flows for the expansion to 30.6 MGD MMADF), a total of 3.0 million gallons of storage capacity will be required to capture 'sustained' (1.15 x MMADF) wastewater flows and return the retained volume to the treatment process during the late evening/early morning hours when collection system flows subside. The jet aeration system basically consists of a combination of pumping for tank mixing and aeration to maintain aerobic conditions. The system includes the following components: · In-basin submerged air and liquid piping, 120 jet nozzle assemblies, backflush lines and stainless steel bottom supports. · Four 25 horsepower, 3.6 MGD externally mounted dry pit type submersible jet mixing pumps (plus one spare (boxed)). · Three (one spare) 30 horsepower, 3,750 SCFM positive displacement blower systems including inlet filter, inlet and discharge silencers, valves and blower controls. 4.1.2.4 Equalization Return Pumps Excess wastewater will be diverted over the automatic weir gate and will flow by gravity to the equalization tank. To return the stored wastewater back to the headworks, pumping will be required. Under design conditions, 7.2 MGD of firm pumping capacity will be ne~;essary to return stored wastewater and supplement the average minimum hour collection system wastewater flows. 4.1.2.5 Pump Systems A pump system containing four 25 Hp, 3.6 MGD constant speed dry pit submersible pumps will be constructed for each equalization tank. Existing grade in the area of the tank is approximately elevation 10.0. In order to maintain minimum pump submergence for operation, the pump station floor elevation will be set at elevation 5.0. The pump station slab will be integrated with the equalization tank slab. Walls will be built up around the pump station to one foot above grade. A sump will be provided to drain the uncovered pump station back to the gravity drain manhole. 101 Two circular 1.5 million gallon prestressed storage tanks are proposed. Assuming the critical issues addressed in Section 3 are resolved by March, 2002, the first 1.5 million gallon equalization storage tank shell can be completed within three months and be available for installation of the remaining equipment by June, 2002. Pre-staging and assembly of tank mounted equipment, completion of the remaining exterior work and placement of the first tank system on-line by the FDEP November 1,2002 deadline is achievable under an expedited construction schedule. 4.1.2.2 Odor Control The two equalization tanks are proposed to be designed to accommodate domed covers to contain odors. The covers are proposed to be Iouvered along the north wall with exhaust take-offs along the south wall for ventilation and odor control. Six fresh air changes per hour under half full conditions will be provided for a ventilation rate of 35,000 CFM for interior environmental control. Two 17,500 CFM air scrubber systems are proposed (ofle per tank) to provide wet or biological scrubbing of ammonia, hydrogen sulfide and organic compounds in the malodorous air prior to atmospheric exhaust. Dual packed lower scrubber systems and biological media systems are under consideration. 4.1.2.3 Tank Mixing and Aeration Equalization tank mixing and aeration are required to partially pre-treat the incoming waste stream, maintain aerobic wastewater conditions to control odors within manageable levels, and to keep settleable solids in suspension. Considering the need to provide a covered tank to contain and control potential odors, fixed internal aeration/mixing systems were not considered viable candidates. The recommended system is a Jet Aeration System. 101 In each pump station, two pumps will be dedicated to mixing and one pump dedicated to equalization return. One spare, providing backup for either mixing or equalization return will be provided. All four pumps will be identical. 4.1.2.6 BloweflElectrical Building Three (one spare) 30 Hp, 3,750 SCFM positive displacement skid mounted blower package systems including inlet filter, inlet and discharge silencers, valves and blower controls will be provided. The blowers will be housed in a room containing acoustical tiling to reduce noise. An electrical and motor center room will adjoin the blower room. The electrical room will be air-conditioned to maintain equipment and component reliability and corrosion protection. 4.2 Detailed Cost Table ITEM & DESCRIPTION QUANTITY UNIT UNIT PRICE INSTALLATION I TOTAL , SITE WORK $518,400 EXCAVATION & BACKFILL FOR UTILITIES 10,000 CY 5 1.00 $50,000 EXCAVATION FOR TANK (STANDARD) 8,000 CY 5 1.00 $40,000 MATERIALS HAULING 6,650 TONS 20 1.00 $133,000 DEWATERING FOR ~STh~UCTURES 1 LS 80000 1.00 $80,000 DEWATERING FOR UTILITIES 1 LS 20000 1.00 $20,000 PAVEMENT RESTORATION 300 SY 18 1.00 $5,400 LANDSCAPING I LS 40000 1.00 $40,000 VIBROREPLACEMENT 1 LS 150000 1.00 $150,000 TANK 2 LS 504000 1.00 $1,008,000 CONCRETE $191,800 ELECTRICAL BLDG. SLAB-ON-GRADE 35 CY 300 1.00 $10,500 1ST FLOOR COLUMNS 8 CY 600 1.00 $4,800 ROOF 20 CY 500 1.00 $10,000 DIVERSION BOX (PRETREAT) SLAB-ON-GRADE 60 CY 300 1.00 $18,000 LOWER WALLS 65 CY 500 1.00 $32,500 MEZZANINE 45 CY 500 1.00 $22,500 UPPERWALLS 65 CY 500 1.00 $32,500 TOP SLAB 22 CY 500 1.00 $11,000 MASONRY i $12,000 BLOWER/ELECTRICAL BLDG. 1200 SF 10 1.00 $12,000 METALS $409,000 ALUMINUM HANDRAIL 200 LF 45 1.00 $9,000 ALUMINUM DOME COVERS 22000 SF 18 1.00 $400,000 DOORS AND WINDOWS $9,100 ALUMINUM WALK DOORS (3' X 7') 1 EA 2000 · 1.30 $2,600 ALUMINUM DOUBLE DOORS W/TRANSOM 1 EA 5000 1.30 $6,500 FINISHES 1 LS 75000 1.00 $75,000 BUILDING SPECIALTIES (SIGNS, LOUVERS, ETC.) I LS 10000 1.00 $10,000 PROCESS EQUIPMENT $1,059,500 EQ RETURN PUMPS 4 EA 14375 1.30 $74,750 EQ MIXING PUMPS 4 EA 14375 1.30 $74,750 JET SYSTEM W/BLOWERS 1 LS 200000 1.30 $260,000 ODOR CONTROL SYSTEM 1 EA 500000 1.30 $650,000 MECHANICAL i $858,000 BURIED PIPING 1 LS 500000 1.30 $650,000 EXPOSED PIPING, VALVES I LS 135000 1.30 $175,500 FRP ODOR DUCT 250 ft 100 1.30 $32,500 ELECTRICAL 1 'LS 500000 1.00 $500,000 INSTRUMENTATION I LS 150000 1.00 $150,000 ESTIMATING CONTINGENCY $480,080 GC MARKUP (BONDS/INSURANCE, OVERHEAD, $1,057,176 PROFIT) TOTAL $6,337,056 Section 5 - Public Participation Process 101 i 5.1 Public Meeting Minutes/Advertisement Will be provided after Public Meeting 5.2 Certificate of Public Participation Will be provided after Public Meeting SECTION 6 - Financial Feasibility 6.1 Dedicated Revenues This loan is to be secured by the Net Operating Revenues and Wastewater System Development Fees of the Collier County Water- Sewer District's Water and Sewer Utility Systems after payment of debt service. 6.2 Existing/Proposed User Charge System Please see Appendix C for copies of the Collier County Sewer Use Ordinance (Ordinance 91-69), an April, 2000 Utility Rate Update study performed by John A. Mayer Associates, Ordinance 2000-34 establishing new rates as recommended in the aforementioned study, and Ordinance 2001-13 replacing prior Impact Fee Ordinance. Collier County Utilities is under contract with a consult,ant who is reviewing the adequacy of Impact Fees for Water and Sewer and User Fees for Water, Sewer and Effluent. Targeted completion date of the study is the end of November 2001. It is anticipated that a large increase in. Impact Fees will be recommended as a result of the study. 6.3 Capital Financing Plan Please see the following pages for the Capital Financing Plan. 101 ., ...] Section 6.3- CFP -! CAPITAL FINANCING PLAN PUBLIC ENTITIES 'Collier County, Florida Project Sponsor James V. Mudd, Public Utilities Administrator Authorized Representative and Title 3301 East Tam/ami Trail Mailing Address Nar)les, FL, 34112 City, State, and Zip Code Mark A. Brewer, Client Manager (941) 756-5800 Capital Financing Plan Contact, Title and Telephone Number 9104 58th Drive East, Suite 101 Mailing Address Bradenton, FL 34202 City, State, and Zip Code Financial Officer Certification 7his is to provide you with a certification that I have reviewed Collier County's financial planning information (includLng the capital financing plan worksheets attached hereto), as it pertains to implementing the project for which a Wastewater State Revolving Fund (W'WSKF) loan application Mil be made to the Depgrtment. I have found that Collier County currently has the financial capa~ility to ensure adequate construction, operation, and maintenance of the W-WSR.F project. This certification is made with full consideration given to other planned projects that will be financed from the revenues to be dedicated to repaying the WWSRF loan. / ~ame Title Date Thc Department needs to know about the financial capabilities of potential Wastewater State Revolving Fund (W'WSRF) loan applicants. Therefore, a financial capability demonsuation (and certification) is rcqu/red well before the evaluation of the actual loan application. It is expected that thc revenues to be dedicated to repaying the loan will be generated either from water and sewer utility operations or from water utility ope-radons alone. Please contact the Department for further guidance if dedicated revenues will be generated externally to such utilities. The completed worksheets should be used in disclosing WWSRF project financing to the public. The worksheets can serve to identify the impacts of the WW'SRF project on residential users and how the project fits into the sponsor's overall capital improvement program for the water and sewer utility (or sewer utility, as appropri~ite). Supplemental ~.apital financing documentation may be submitted with these worksheets and may be presented at the required public meeting. CFP-1 101 Section 6.3 - CFP CAPITAL FINANCING PLAN PUBLIC ENTITIES Collier County, Florida Project Sponsor James V. Mudd, Public Utilities Administrator Authorized Representative and Title 3301 East Tam/ami Trail Mailing Address Naples, FL, 34112 City, State, and Zip Code Mark A. Brewer, Client Manager (941) 756-5800 Capital Financing Plan Contact, Title and Telephone Number 9104 58th Drive East, Suite 101 Mailing Address Bradenton, FL 34202 City, State, and Zip Code Financial Officer Certification This is to provide you with a certification that I have reviewed Collier County's financial planning information (including the capital financing plan worksheets attached hereto), as it pertains to implementing the project for which a Wastewater State Revolving Fund (WWSRF) loan application will be made to the Department. I have found that Collier County currently has the financial capability to ensure adequate construction, operation, and maintenance of the WWSRF project. This certification is made with full consideration given to other planned projects that will be financed from the revenues to be dedicated to repaying the WWSRF loan. Name Title Date The Depamnent needs to know about the financial capabilities of potential Wastcwater State Revolving Fund (WWSRF) loan applicants. Therefore, a financial capability demonstration (and certification) is required well before the evaluation of the actual loan application. It is expected that the revenues to be dedicated to repaying the loan will bc generated either from water and sewer utility operations or from water utility operations alone. Please contact the Department for further guidance if dedicated revenues will be generated externally to such utilities. The completed worksheets should be used in disclosing WWS~ project financing to the public. The worksheets can serve to identify the impacts of the WWSRF project on residential users and how thc project fits into the sponsor's overall capital improvement program for the water and sewer utility (or sewer utility, as appropriate). Supplemental capital financing documentation may be submitted with these worksheets and may be presented at the required public meeting. CFP-1 The source revenues being dedicated to repayment of the WWSRac loan are: Net Revenues of the Water and Wastewater System Capital Financing Plan Identify the WWSRF loan amount scheduled, or to be scheduled, on the project priority list; the interest rate established for thc quarter prececding thc submittal of the CFP, annual debt service, and expected pledged revenue coverage. Note that WWSRF repayments begin six months after the estimated construction completion. (It is recognized that the information to be provided are best estimates only.) 101 Co Capital Cost* Loan Repayment Reserve (LRR)(3% of capital cost) Loan Service Fee (LSF)(2% of capital cost) Subtotal Capitalized Interest** Total Cost to be Amortized Interest Rate Coverage Factor Annual Debt Service Including Coverage 8.577.522 257,326 171,550 9,006,398 569,204 9.575.603 3.16% 1.25 *** 746,990 * Capital Cost = Allowances + Construction Cost (including a 10% contingency) + Technical Services After Bid Opening ** Estimated Capitalized Interest = Subtomt time Interest Rate times construction time in years divided by two *** Coverage may be higher if other than water and sewer operating revenues are pledged SCHEDULE Of PRIOR AND PARITY LIENS List annual debt service beginning two years before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary. IDENTIFY EACH OBIJGATION #1 Water & Sewer Revenue Bonds 1992 #2 Water & Sewer Taxable Refunding Revenue #3 Water & Sewer Taxable Refunding Revenue B(xtds - Series 1994A Bcmds - Series 1994B Coverage% 125% Coverage% 125% Coverage% 125% ~nsured Yes Insured Yes Insured Yes i~ Water & Sewer Taxable Refunding Revenue #5 Water & S~,ver Taxable Refunding Revenue ~6 SRF Loan CS120597070 Bonds - Series 1999A Bonds - Series 1999B Coverage% 125% Coverage% 125% Coverage% 125% Insured Yes Insured Yes insured Yes ANNUAL DEBT SERVlCE {'PRINCIPAL PLUS INTEREST~ TOTM. NON SR.F Dl~lrr TOTAl. SKF DE. BT [SC~. S FAZWC~ W/COVE.~..~GE #1 #2 #3 ~4 #5 1999 $7.347.768 $2.474.857 $2.063.95~ $163.375 $254.851 $1 .O6O.598 2OOO $913.960 $2.474.O9Q $2.641.415 $335.7OO $1.969.404 ' $1.060.598 2001 $911.335 $2.473.465 $2.640.615 $333.020 $1.966.4O4 $1.060.598 2002 $909.880 $2.470.585! $2.642,475 't '~'".*;. 220 $1,967,004 $1.060,598 I 2003 $2,470,490 $2,647,375 $1,247,160 $1,966.0O4 $1.060,598~ $ 2004 $2,473.730 $2.630,035 $1,246,160 $1,973.404= $1,060,598 $ 2005 $2,474,505 $2,636,285 $8~347 $1,968,804 $1,060,598 2006 $2.472,305 $2,639,945 $8I 7,64~ ~ $1,967,604 $1,060,598 2007 $2.472,155 $2,635,935 $826,51B $1,964,604 $%060,598 2008 $2,473,905 $2,644,847 $818,318 $1,974.804 $1,060,598 2009 $2.471,880 $2.640,013 $319,318 $1,971,079 $1.0~0,598 2010 $2.473,578 $2,637,262 $818,363 $1,969,879 $1,060,598 2011 $3,112,263 $1,970,979 $%060,598 2012 $5,112,20~ $1,974,154 $1,060,598 $ 20~13 $5,112,425 $1,979,179 $ 2014 $3,112,412 $1,977,56g $ 2015 $5,111 ,gt3 $1,967,31 ~ $ 2916 $~-.~,162 $1,971,094 20t7 $2,060,413 2018 $2,061,675 2019 $2,063,475 $ .... $2,065,550 $ 2021 $2.057,638 2022 $ 2O23 2024 $ 2O2S 2020 $ $ 202'/ $ $ CFP-2 Capital Financing Ptan SCHEDULE OF PRIOR AND PARITY LIENS - Cont'd. List annual debt service beginning two y~ars before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary. IDENTIFY EACH OBLIGATION ~ SRF Loan CS'[20597090 ~ SRF Loan C~120597100 #9 SRF Loan CS12059715P Coverage% 125% Coverage% 125% Coverage% 125% Insured Yes Insured Yes Insured Yes #10 #11 #12 ANNUAL DEBT ~ERVI(~E iPRINCIPAL PLUS INTEREST} tOTAL NON S~ DE. BT 'EOT&L SR~ DF-BT FIS~ SERVICE ~/COVERAGE $1ER~'ICE ~/COVERAG£ yEAR i $ 15,381.001 [ S 2,433,848 1999 $886,480 $ 10,418,211 $ 2.433,848 2001 $886,480 $754,400 $ 10,406,049 $ 3,376,~,8 2002 $886.480 $1,508,800 $ 10,406,455 ~ $ 4,319,848,, 2003 $886,48~ $1,508,800 $ 10,413,786 $ 4,319,848 20(~ $886,480! $1,508,800 $210.776 $ 10,404,161 $ 4,583,318.. 2005 $886,4-80 $1.508,800 $421,552, $ 9,877,426 $ 4,946,788 2006 $886,480 $1,508,800 $421,552 $ 9,871,878 $ 4,~46,788 ,, 2007 $886,480 $1,508,80~ $421,552 $ 9,874,015 $ 4,846,788 2008 $886,480 $1,508,80~ $421,552 $ 9,889,843 $ 4,846,788 2009 .~86,480 $1,508,800 $421,552 $ 9,877,863 $ 4,B46,788 2010 $886,480 $1,508,800 $421,552 $ 9,873,853 iS 4,846,788 '. 2011 ,~86,480 $1,508,800 $421,552 I $ 8,954,053 $ 4,846,788 I 2012 $886,480 $1,508,800 $421,552 $ 8,857,943 $ 4,846,788 2013 $886,48~ $1,508,800 $421,552 $ 8,864,505 $ 3,521.(~40,, ~ $ 8,862,476 $ 3,521,04Q. 2014 $886,480 $1,508,800 $421,552 2015 $886,480 $1,508,800 $421,552 $ 8,849,040 $ 3,521,040 2016 $886.480 $1,508,80~ $421.552 $ 6,084.070 $ 3,521,040. 2017 $886.480 $1,508.800: $421,552 $ 2,575,516 $ 3,521.040 2018 $886,480 $1.508.8~0 $421,552 $ 2,577,094 $ 3,521.040 2019 $1,508,800 $421,552 $ 2,579.344 $ 2,412.940 2020 $1.508,800 $421,552 2021 $754,400 $421,552 $ 2,572,048 $ 1.489,940,. 2022 $421,552 $ $ 526.940 2023 $421,552' $ $ 526,940 2024 $210.775 $ $ 263,470 $ $ 2025 $ $ ~ $ s 2027 $ $ 2O25 $ 2029 . ~ $ - $ - CFP-2A 101 Capital Financing Ptan (a.) Co.) (ct.) (e.) (f.) (g.) (h.) (i.) ACTUAL REVENUE AND DEBT SERVICE SCHEDULE (Provide information for the two fiscal years proceeding the anticipated date of the SRF Loan Agreement) Water Operating Revenue Sewer Operating Revenue Interest Income (j) Other (Identify) Misc. Reimb./Tfr's Total Revenues Operating Expenses (excluding interest on debt, depreciation, and other non- :ash items) (kD ~Iet Revenues (g -- e - f) Debt Service excluding SRF Loans including required coverage) FY99 FY00 $ 19,993,968 $ 21,003,376 $ 22,920,871 $ 24,126,991 $ 4,357,000 $ 6,544,805 $ 2,757,022 $ 48,993,202 $ 54,432,194 $ 21,028,375. 23,354,400 $ 27,964,827 $ 31,077,794 $ 17. $ 12,852,058 qet Revenues After Debt Service (i=I ~) 10 ;ource: Audited Financial Statements-Collier County FY 99, FY 00 18~225~736 Notes: (i.e. Rate increases, Explanations, etc.) (j) Reflects net funds available from 1999 refinancing. :(k) Net Depreciation and amortization of $10,794,374 (FY 99) and $12,337,554 (F,Y 00) excluded. CFP-3 · '.~ Capital Financing Plan PROJECTED REVENUE AND DEBT SERVICE SCHEDULE (Must include at least 2 years of Projected SRF Loan Repayment) FY02 FY03 FY04 FY05 FY06 Water Operating Revenue $ 21,001,300 $ 21,421,326 $ 21,849,753 $ 22,286,748 $ 22,732,483 Sewer Operating Revenue $ 24,176,100 $ 24,659,622 $ 25,152,814 $ 25,655,871 $ 26,168,988 Interest Income $ 1,000,000 $ 1,020,000 $ 1,040,400 $ 1,061,208 $ 1,082,432 Other(Identify) Misc. Reimb.fI'fr's $ 4,174,300 $ 4,257,786 $ 4,342,942 $ 4,429,801 $ 4,518,397 Total Revenues $ 50,351,700 $ 51,358,734 $ 52,385,909 $ 53,433,627 $ 54,502,299 Operating Expenses (excluding interest on debt, depreciation, and other non- cashitems) $ 33,906,300 $ 34,584,426 $ 35,276,115 $ 35,981,637 $ 36,701,270 Net Revenues (g= e-t) $ 16,445,400 $ 16,774,308 $ 17,109,794 $ 17,451,990 $ 17,801,030 Revenue (including coverage) pledged to debt service, excluding SRF loans $ 10,406,455 $ 10,413,786 $ 10,404,161 $ 9,877,426 $ 9,871,878 Revenue (including coverage) pledged to outstanding SRF loans $ 4~319,848 $ 4,319~848 ~ 4,583,318 $ 41846,788 $ 4,846,788 Total Existing Debt Service , 14,726,303 ~; 14,733,634 , 14,987,479 ~; 14,724,214 $ 14,718,66,5, Projected SRF Loan Debt Service '(including coverage) $ 811,945 $ 811,945 $ 811,945 $ 811,945 ~ , 811,945 Projected Debt Service on Non-SRF Future Projects (including coverage) To~al Debt Service (Existing Projected) ~; 15,538,248 , 15,545,579 $ 15,790,424 ~; 15,536,159 $ 15,530,610 Net Revenues After kllDebt $ 907,152 $ 1,228,729 $ 1,310,370 $ 1,915,831 $ 2,270,420 ISource: FY 02 Information from Collier County Summary Information from the 2002 Budget Workshop, June 21-22, 2001. FY 03 thru 06 Projected 2% annual growth. Notes: (i.e. Rate Increases, Explanations, etc.) Collier County Utilities is under contract with a consultant who is reviewing the adequacy of Impact.Fees for Water and Sewer and User Fees for Water, Sewer and Effluent. Targeted completion date of the study is the end of Nov. 2001. It is anticipated that a large increase in Impact Fees will be recommended as a result of the study. (a.) (b.) (c.) (d.) (e.) (f.) (g.) (h.) (i.) d.) (k.) (1.) (m.) CFP-4 SRF LOAN CALCULATION Administrative Allowance Engineering Allowance Construction, Demolition and Related Procurement Eligible Land Contingency (10% of construction and land) Legal and Technical Services during Construction Interim Financing (excluding SRF capitalized interest) Cost of Refinancing (such as underwriter fees) Star~-up Services Other (explain) Subtotal Loan Repayment Reserve (3% of subtotal) Service Fee (2% of subtotal; obtain percent amount from Department) Total Cost (to be identified on priority list) $ $ $ $ $ $ $ $ $ $ $ $ $ $ Capital Financing Plan 48~098 513,048 6~337,056 0 633~706 950~558 0 0 95,056 0 8~577,522 2577326 171~550 9,006,398 CFP-5 :Bre ver & tssociates, £.C. Estimated SRF Amortization Schedule Enter Values Loan Summar7 324,778.12 ' Loan Amount $ 9,575,602.63 Scheduled Payment $ Annual Interest Rate 3.16 % Scheduled Number of Payments 40 Loan Period in Years 20 Actual Number of Payments 40 Number of Payments Per Year 2 Total Eady Payments $ Start Date of Loan 12/1/2003 I Total interest $ 3,415,522124. Optional Extra Payments Lender Name:I FDEP ] Pmt Payment Beginning Scheduled Extra Total Ending No. Date Balance Payment Payment Payment Principal Interest Balance 1 6/1/2004 $ 9,575,602.63 $ 324,778.12 $ $ 324,778.12 $ 173,483.60 $ 151,294.52 $ 9,402,119.03 2 12/1/2004 9,402,119.03 324,778.12 324,778.12 176,224.64 148,553.48 9,225,894.38 3 5/1/2005 9,225,894.38 324,778.12 324,778.12 179,008.99 145,769.13 9,046,885.39 4 12/1/2005 9,046,885.39 324,778.12 324,778.12 181,837.33 142,940.79 8,865,048.06 5 6/1/2006 8,865,048.06 324,778.12 324,778.12 184,710.36 140,067.76 8,680,337.70 6 12/1/2006 8,680,337.70 324,778.12 324,778.12 187,628.79 137,149.34 8,492,708.91 7 6/1/2007 8,492,708.91 324,778.12 324,778.12 190,593.32 1 34,184.80 8,302,115.59 8 12/112007 8,302,115.59 324,778.12 324,778.12 193,604.70 131,173.43 8,108,510.90 9 6/1/2008 8,108,510.90 324,778.12 324,778.12 196,663.65 128,114.47 7,911,847.25 10 12/1/2008 7,911,847.25 324,778.12 324,778.12 199,770.94 125,007.19 7,712,076.31 11 6/1/2009 7,712,076.31 324,778.12 324,778.12 202,927.32 121,850.81 7,509,149.00 12 12/1/2009 7,509,149.00 324,778.12 324,778.12 206,133.57 118,644.55 7,303,015.43 13 6/1/2010 7,303,015.43 324,778.12 324,778.12 209,390.48 115,387.64 7,093,624.95 14 12/1/2010 7,093,624.95 324,778.12 324,778.12 212,698.85 112,079.27 6,880,926.11 15 6/1/2011 6,880,926.11 324 378.12 324,778.12 216,059.49 108,718.63 6,664,866.62 16 12/1/2011 6,664,866.62 324,778.12 324,778.12 219,473.23 105,304.89 6,445,393.39 17 6/1/2012 6,445,393.39 324,778.12 324,778.12 222,940.91 101,837.22 6,222,452.48 18 12/1/2012 6,222,452.48 324,778.12 324,778.12 226,463.37 98,314.75 5,995,989.11 19 6/1/2013 5,995,989.11 324,778.12 324,778.12 230,041.49 94,736.63 5,765,947.62 20 12/1/2013 5,765,947.62 324,778.12 324,778.12 233,676.15 91,101.97 5,532,271.47 21 6/1/2014 5,532,271.47 324,778.12 324,778.12 237,368.23 87,409.89 5,294,903.23 22 12/1/2014 5,294,903.23 324,778.12 324,778.12 241,118.65 83,659.47 5,053,784.58 23 6/1/2015 5,053,784.58 324,778.12 324,778.12 244,928.33 79,849.80 4,808,856.26 24 12/1/2015 4,808,856.26 324,778.12 324,778.12 24'8,798.19 75,979.93 4,560,058.07 25 6/1/2016 4,560,058.07 324,778.12 324,778.12 252,729.20 72,048.92 4,307,328.86 26 1 2/1/2016 4,307,328.86 324,778.12 324,778.12 256,722.33 68,055.80 4,050,606.54 27 6/1/2017 4,050,606.54 324,778.12 324,778.12 260,778.54 63,999.58 3,789,828.00 28 12/1/2017 3,789,828.00 324,778.12 324,778.12 264,898.64 59,879.28 3,524,929.16 29 6/1/2018 3,524,929.16 324,778.12 324,778.12 269,084.24 55,693.88 3,255,844.92 30 12/1/2018 3,255,644.92 324,778.12 324,778.12 273,335.77 51,442.35 2,982,509.14 31 6/1/2019 2,982,509.14 324,778.12 324,778.12 277,654.48 47,123.64 2,704,854.67 32 12/1/2019 .. 2,704,854,,0-7 324,778:t 2 324,778.12 282,041.42 42,736.70 2,422,813.25 33 6/1/2020 2,422,813.25 324,778.12 - 324,778.12 286,497.67 38,280.45 2,136,315.58 34 12/1/2020 2,136,315.58 324,778.12 324,778.12 291,024.34 33,753.79 1,545,291.24 35 6/1/2021 1,845,291.24 324,778.12 324,778.12 295,622.52 29,155.60 1,649,668.72 36 12/1/2021 1,549,668.72 324,778.12 324,778.12 300,293.36 24,484.77 1,249,375.37 37 6/1/2022 1,249,375.37 324,778.12 324,778.12 305,037.99 19,740.13 944,337.38 38 12/1/2022 944,337.38 324,778.12 324,778.12 309,857.59 14,920.53 634,479.78 39 6/1/2023 634,479.78 324,778.12 324,778.12 314,753.34 10,024.78 319,726.44 40 12/1/2023 319,726.44 324 778.12 319 726.44 CFP-6 Section 7 - Schedule The FDEP has established a deadline of November 1,2002 for completion and placement in operation of the new NCWRF flow equalization system. Based upon the completion of the preliminary site work (relocation of existing underground and overhead utility systems) and the favorable resolution of stormwater/wetlands mitigation, permitting and local institutional issues by the end of March, 2002, it is anticipated that the first 1.5 million gallon circular prestressed storage tank shell can be completed within three months and available by June 2002 for pre-staging and installation of internal elements, piping, ductwork, covers and related equipment and systems to meet the November 1,2002 date. See details below: Sep, 2001-Feb, 2002 January-February, 2002 March, 2002 June, 2002 October, 2002 November1,2002 Stormwater Permitting/detailed Equalization System Design. Relocate on-site utilities and prepare site subsurface improvements. Approve Contract, Issue General Contractor Notice to Proceed. Commence construction of equalization tank shells. Concrete shells completed and commerce equipment installation Equipment testing and startup Facility completed and operational SECTION 8- ADOPTING RESOLUTION RESOLUTION NO. 2001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING THE COUNTY'S FLOW EQUALIZATION SYSTEM FACILITIES PLAN; AUTHORIZING THE PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; DESIGNATING AUTHORIZED REPRESENTATIVES. WHEREAS, Collier County has determined that the Flow Equalization System recommended in the Collier County Flow Equalization System Facilities Plan is in the best interest of the County; and WHEREAS, staff has requested that the Board of Collier County Commissioners approve the Flow Equalization System Facilities and Capital Financing Plan after discussion at a public meeting in accordance with State Revolving Fund (SRF) requirements; and WHEREAS, The County is seeking funding from the FDEP under its SRF loan program to fund these improvements to benefit Collier County Water/Sewer customers; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT that: 1. Collier County hereby adopts the Collier County Flow Equalization System Facilities Plan, copy attached hereto and incorporated herein. 2. The Collier County Dedicated Revenue and Capital Financing Plan has been reviewed and, as discussed at a public meeting of Collier County, is hereby adopted. 3. The Board of County Commissioners hereby authorizes submission of this Plan to the State of Florida Department of Environmental Protection. 4. The Collier County Public Utilities Division Administrator is hereby authorized to carry out the County's responsibilities under this Loan Program and to delegate authority and responsibility to staff to carry out all activities to accomplish the goals of the Loan Program. 5. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this majority vote in favor of adoption. day of ,2001 after ATTEST: Dwight E. BROCK, Clerk BY: Deputy Clerk Approved~ as to f~ a~cy: Tom Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER CQUNTY WATER - SEWER DISTRICT BY: JAMES D. CARTER, Ph.D., Chairman APPENDIX A- FINANCIAL INFORMATION SOURCES COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Combined Financial Statements September 30, 2000 (With Independent Auditors' Report Thereon) COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Table of Contents Independent Auditors' Report Combined Financial Statements: Combined Balance Sheet Combined Statement of Revenue, Expenses and Changes in Retained Earnings Combined Statement of Changes in Fund Equity Combined Statement of Cash Flows Notes to Combined Financial Statements Page 1 2 Supplementary Combining Information: Combining Balance Sheet Combining Statement of Revenue, Expenses and Changes in Retained Earnings Combining Statement of Changes in Fund Equity Combining Statement of Cash Flows Supplemental Information (Unaudited): Senior Obligation Bond Coverage Subordinated Debt Bond Coverage P.O. Box 31002 St. Petersburg, FL 33731-8902 P.O. Box 1439 Tamp& FL 33601-1439 101 Distinguished Members of the Bo~d of County Commissioners Collier County, Florida: Independent Auditors' Report We have audited the accompanying financial statements of the Collier County, Florida Water and Sewer Districts, as of and for the year ended September 30, 2000, as listed in the table of contents. These financial statements are the responsibility of Collier County, Florida's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis', evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As discussed in note l(a), the financial statements present only the Water and Sewer Districts of Collier County, Florida, and are not intended to present fairly the financial position of Collier County, Florida, and the results of its operations and' the cash' flows of its proprietary fund types in conformity with accounting principles generally accepted in the United States of America. In our opinion, the financial statements referred to above, present fairly, in all material respects, the financial position of the Collier County, Florida Water and Sewer Dislxicts, as of September 30, .2000, and the results of its operations and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. Our audit was made for the purpose of forming an opinion on the basic financial statements taken as a whole. The combining financial statements listed in the table of contents are presented for purposes of additional analysis and are no/a required part of the basic financial statements of the Collier County, Florida Water and Sewer Districts. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. January !9, 2001 KPMG UJ~. K.,%4G L~, a U.S. r,m~,~d rsad~,~ P~er~ ts COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Combined Balance Sheet September 30, 2000 Assets Current assets: Cash and investments Receivables: Trade, net UnbiIled revenue Interest Due from other funds Inventory Prepaid costs Total current assets Restricted ~sets: Cash and investments Special assessments receivable: Current · Deferred Accrued interest Notes receivable Total restricted assets Property, plant and equipment Less accumulated depreciation Net property, plant and equipment Other assets 43,908,314 2,684,184 1,171,621 1,314,430 14,903 1,847,712 12,320 50,953,484 76,524,462 773,472 7,422,116 580,420 250,639 85,551,109 503,489,876 (102,547,272) 400,942,604 2,566,150 Total assets The notes to the combined financial statements are an integral part of this statement. $ 540,013,347 2 Liabilities and Fund Eo_uitv Current liabilities: Vouchers payable and accruals Due to other funds Current maturities of notes payable Total current liabilities Current liabilities payable from restricted assets: Vouchers payable and accruals Deferred revenue Current maturities of notes payable Current maturities of revenue bonds Due to other governments Accrued interest payable Customer deposits Retainage payable Total current liabilities payable from restricted assets Long-term liabilities: Revenue bonds payable, less current maturities Notes payable, less current maturities Arbitrage rebate payable Accrued compensated absences Total long-term liabilities Total liabilities Fund equity: Contributed capital Retained earnings: Reserved for: Revcmue bond retirement Renewal and replaccmcnt Unreserved Total retained earnings Total fund equity Total liabilities and fund equity 201,501 23,179 196,143 420,823 4,331,418 2,891,312 1,243,040 3,924,000 248,648 1,653,593 2,334 1,123,305 15,417,650 76,837,336 22,125,523 23,909 470,868 99,457,636 .... 11.5,296,109 293,027,833 9,301;987 300,020 122,087,398 131,689,405 424,717~38 $ 540,013,347... lO! COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Combined Statement of Revenue, Expenses and Changes in Retained Earnings Year ended September 30, 2000 Operating revenue: Charges for services Operating expenses: Salaries and wages Employee benefits Contractual services Materials, supplies and maintenance Utilities Purchased water Other operating expenses Depreciation and amortization Total operating expenses Operating income Non-operating revenue (expenses): Interest income Interest expense Miscellaneous revenue Loss on disposal of fixed assets Grants and entitlements Total non-operating revenue (expenses) Income before operating transfers Operating transfers~.. Operating transfers in Operating transfers out Total operating transfers Net income Depreciation on contributed assets Increase in retained earnings Retained .earnings at October I, 1999 Retained earnings at September 30, 2000 The notes to the combined financial statements are an integral pan of this statement. $ 47,066,719 6,423,614 2,317,583 2,038,744 4,148,009 2,802,434 250,120 5,373,896 ..__~1~,337,554 35,691,954 11,374,765 6,544,805'-j,. (5,439,172) 367,597 (48,738) 1,811 1,926,303 13,301,068 12~15 (367,503) (355388) 12,945,880 7,231,858 20,177,738 111,511,667 $ 131,689,405 COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Combined Financial Statements September 30, 1999 (With Independent Auditors' Report Thereon) 101 RO. Box 31002 St. Petersburg, FL 33731-8902 P.O. Box 1439 Tampa, FL 33601-1439 Independent Auditors' Report Honorable Pamela S. Mac'Kie and Distinguished Members of the Board of County Commissioners Collier County, Florida: We have audited the accompanying combined financial statements of the Collier County, Florida Water and Sewer Districts, as of and for the year ended September 30, 1999, as listed in the table of contents. These financial statements are the responsibility of Collier County, Florida's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall fmancial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As discussed in note l(a), the combined financial statements present only the Water and Sewer Districts of Collier County, Florida, and are not intended to present fairly the financial position of Collier County, .... .Florida, and the results of its operations and the cash-flows of the proprietary-fi.md types in conformity with generally accepted accounting principles. In our opinion, the combined financial statements referred to above, present fairly, in all material respects, the financial position of the Collier County, Florida Water and Sewer Districts, as of September 30, 1999, and the results of its operations and its cash flows for the year then ended in conformity with generally accepted accounting principles. Our audit was made for the pUrPose of forming an opinion on the basic £mancial statements taken as a whole. The combining financial statements listed in the table of contents are presented for pUrP°s~ of additional analysi.~ and are not a required part of the basic financial statements of the Collier County, Florida Water and Sewer Districts. Such information has' been subjected to the auditing procedures appli~i lathe audit of the basic financial statements and, in our opinion, is fairly stated, in all mater/al respects, in i~elai5°n' to the basic £mancial statements taken as;a Whole. ', CO!,LIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Table of Contents Independent Auditors' Report Combined Financial Statements: Combined Balance Sheet Combined Statement of Revenues, Expenses and Changes in Retained Earnings Combined Statement of Changes in Fund Equity Combined Statement of Cash Flows Notes to Combined Financial Statements Supplementary Combining Informahon: Combining Balance Sheet Combining Statement of Revenues, Expenses and Changes in Retained Earnings Combining Statement of Changes in Fund Equity Combining Statement of Cash Flows Supplemental Information (Unaudited): Senior Obligation Bond Coverage Subordinated Debt Bond Coverage .Page I 2 4 '5 7 9 COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Combined Balance Sheet September 30, 1999 Assets Current assets: Cash and investments Receivables: Interest Trade, net Unbilled Due from other funds Due from other governments Inventories Prepaid expenses Total current assets ResttScted assets: Cash and investments Special assessments receivable: Current Deferred Accrued interest Notes receivable Total restricted assets Property, plant and equipment Less accumulated depreciation Net property, plant and equipment Other assets 10[ 34,411,195 1,158,986 2,384,688 1,509,139 58,693 200,000 1,611,588 12,320 41,346,609 65,838,422 814,095 8,778,482 674,444 327,058 76,432,501 468,659,198 (91,097,357) 377,561,841 2,731,129' Total assets $ 498,072,080 See accompanying notes to combined financial statements 2 Liabilities and Fund Equity Current liabilities: Vouchers payable and accruals Due to other funds Current maturities of notes payable Total current liabilities Current liabilities payable from restricted assets: Vouchers payable Deferred revenue Current maturities of notes payable Current maturities of revenue bonds Due to other governments Accrued interest payable Customer deposits Retainage payable Total current liabilities payable from restricted assets Long-term liabilities: Revenue bonds payable, less current maturities Notes payable, less current maturities Accrued compensated absences Total long-term liabilities Total liabilities Fund equity: Contributed capital Ketained earnings: Reserved for: Revenue bond retirement Renewal and replacement Unreserved Total retained earnings Total fund equity Total liabilities and fund equity $ 600,165 617 21~,878 815,660 1,076,057 2,724,759 1,197,135 3,759,000 269,680 1,658,571 94,104 1,179,534 11,958,840 80,300,225 23,266,754 407,690 103,974,669 116,749,169 269,811,244 9,407,076 300,020 101,804,571 Ill,511,667 381,322,911 $ 498,072,080 3 101' COLLIER COUNTY, FLORIDA WATER AND SEW'ER DISTRICTS Combined Statement of Revenues, Expenses and Changes in Retained Earnings Year ended Septernber 30, 1999 Operating revenues: Charges for services Operating expenses: Salaries and wages Employee benefits Contractual services Materials, supplies and maintenance Utilities Purchased water Other operating expenses Depreciation Amortization Total operating expenses Operating income Non-operating revenues (expenses)': Interest income Interest expense Gain on disposal of fixed assets Grants and entitlements Total non-operating (expenses) Income before operating transfers Operating transfers: Operating transfers in Operating transfers out Total operating transfers Nct income Depreciation on contributed assets InCrease in retained earnings Retained earnings at October 1, 1998 Retained earnings at September 30, 1999 See accomPanying notes to combined financial statements 44,302,396 5,787,568 2,250,513 1,814,227 3,535,999 2,439,182 228,081 4,972,805 10,539,527 254,847 31,822,749 12,479,647 4,357,000 (5,684,712) 120,931 212,875 (993,906), 11,485,741 111,294 (100,398).. 10,896 I 1,496,637 4,925,528 .. 16,422,165 95,089,502 $ 111,511,667 Attachment F lOI PUBLIC UTILITIES Collier County Summary Information From The 2002 Budget Workshop June 21-22, 2001 Aug-Og-O1 Admiaistratlon UfiIidcs Wat,r Opcratlo~ W a ~c-w~.tz Opcvadot:s PILT {ndircct Cat Allocation Subtotal-OpcratJou-i l~.c fu nd..JLo s dl~4i~c. P. ezcrve-Mefit/Pay pi'an Adj. llmcre¢-C~l~ Flow S .,btotal-R.~acrv~$ To (410) Debt To (411) Wtr Imp To (412) Water Cptl To (414) SewcI' CpO Cammuaity Dev~lopmcrtt To (301) Fa:iliti~ To (00I) Ow Fund Total AppropHa. dor~ Collier County Public Wks County. Water & Sewer District Operations Utilities (408) 10l FY 99/00 F'Y 00/01 FY 00./0 t FY 01 I02 FY' O 1102 Actual Adopu=d Fon:eatst Cua-'rc'n l Expanded 741,120 336,900 339,600 361,3~} 0 1,681,062 2,825.000 2,81L600 3,114,100 171,200 0 79~,R00 716,600 758,300 706,400 9,162,L27 10,5~0,400 [ 1.170,000 12280,1~0 230.$00 9,5~ 1,772 10,952.100 11,055,300 I.l, 851,500 44~,00o 1.527,300 1,620,800 1,620,800 1,7~l,300 846500 1,130,900 1,130,900 1,246,600 0 23,546381 28,214.900 28,gSl,g00 39._,353,2{.10 1,5§3,100 35,877 60,000 60,000 60.000 0 0 2,g43,500 0 1,617,700 132.,000 0 0 0 656.400 0 0 2.,606,000 0 0 0 0 6,043,300 0 8,08lt,3 ti0 ¢01,200 35,~77 [ 1,552,/~00 60.000 10,49-2,400 5____200 1~,373,900 9,393,000 9,393,000 7,760,400 0 0 10,700,000 0 0 0 4,500,000 3,~55,000 3,355,000 4,126,700 0 2,500,000 !,l,400,000 [ 1,400,000 lg.512,000 0 0 139,000 139,000 0 0 147,200 0 0 . 0 641,600 2so,ooo z o,ooo o o 39,273,458 75,00A.700 $l,44g,g00 73}74,700 2,727,900 P.( FY 01/02 % Total I:hdgct Budget Change 361,300 · 7.2% 3,285,300 16.3% 1,464,700 12.510,600 13,296,500 2~ .4',~ l,Ta~ ,300 7.4% 1,246,600 10.2% 33,906,300 20-2°/~ OO,O00 1,749,700 .3B-5 656,400 0 -tOO.o°/ 8,489,500 10.955,600 '5.2°/ 7,760,400 - 17.4~ 0 - 4,126,700 23.0% 18,51%000 62.4", fl -lO0.0°, 641,600 N/, O -100.0~ 75,9o=,6oo ;-o~-oz *? County Water & Sewer District Operations (Cont.) Ut~ties (408) P .0z AdmLnira'~dau U~l{~cs FEn.-mcial Opctation.s V,'~tcr Op c-ratio ~ Wmstcwater Operations SubtntaI-Opcrafion~ R¢(mbf1'raJu lets Carr7 Forw~d TomlKcvc~uc FY 99/00 FY 00/01 FY 00/0l FY f)l/O2 FY 01102 A. cma) Adopted Fo£ecMt Current Expanded Exp~,-v l~ud~et Exp/R. cv S~vlcc Service 219,074 125,100 71OD00 159,300 0 188,956 289,500 284~00 262,000 0 21.000.722 20,829,100 20,951,000 21,0<)1,300 0 24,188,214 23,084,200 23.103,800 24,176,t00 0 45,002,966 '45,226,900 45,049,300 45.598,700 0 500.000 1.075,000 1.075,0~) 3.753,000 0 0 30.5a4,100 33,~05,300 ~7.530,~00 0 1,572,627 400,000 1.300,000 l.OnO,O00 0 0 (2,2st~oo) o (~.32~,9oo) o 47,675,§93 75,004,700 81,329,600 75,902,600 0 FY 01/02 % Total Budge~ Bud~'¢,,~.. Chang_~ 159,300- 27.3% 262,000 -9.2% Zl,O01,300 0.~% 24,176,100 0.8% 45,598.700 0.8% Total Posic/or~ g.0 3,0 3.0 3.0 5.0 0.0 10.0 9.0 9.0 ?.0 38.0 38.0 39.0 39.0 3.0 89,0 ~5.(] 95.0 90.0 2.0 1 l 5.0 ! 20.0 120.0 120.0 4.0 251.0 266.0 266,0 267.0 16.0 3.0 0.0% 16.0 00.0% 42.0 10.5% 98.0 3.2% 124.0 3,3% 283.0 6.4% APPENDIX B- EXISTING DEBT INFORMATION, O LL w ° 'g 'g z E~ '= co -.,= = E '= '= ~ o o o o~ o o o o o z o o o o o ~ ~ ~ I 0 0 0 0 0 ~ ~ ~ z ~ w ~z 5 ~ wO 0 0 Zz ZZ Z Z Z Z ~ ~Z ~Z ~Z ~ 0 0 0 $I3,090,000 Collier County Water-Sewer District (Florida) 101 Water and Sewer Revenue Bonds Series 1992 Dated: Jul)' 1, 1992 Due: Jul)' I. as shown below Th Water and Sewer Revenue Bonds. Series 1992 {thc "Series 1992 Bonds") arc being issued b)' the Collier County' Water-Sewer District (thc · 'District"~ as full)' rcglstcred bonds in thc name of Ccdc & Co.. as Bondholder and securities dcpositors.' nominee or Thc Depository Trust Company. New York. New York {"DTC-). Individual purchases will Ix: made in book-cmO' form only through Direct Panlcipanu (defined ns c ual to thc principal amount o£ each maturity shown on this cover page. Intcrcst on thc Scries 1992 Bonds is hem·n) in dcnominatio q . Pa 'meats of dnci al of. rcm·urn, it' any, je::,u:3t 19,. and sem,annu l'y on each Ju,y I and Janua?, t. crc t'ter.. ~ Seri~s 1992 Bonds will be made to purchasers Dy D~rcct Pamc~pants t>cc SYSTEM" hcrcln). The Citizcns and Southern National Bank oI Florida, Fo~ Laudcrdalc. Florida. will servc as Paying Agent and Registrar [or thc Series 1992 Bonds. The Scrics 199~ Bonds arc subject to optional and mandatory rcdcmptlon prior to their stated maturitics as described hcrcin. This cover page contains information for quick rct'¢rcncc only. It is not a summary o1' thc issue. Invcston must rcad thc entire Official Statement to obtain information essential to thc making of an informed investment dccision. · ' ggl Bonds arc being issued For thc purpose or' ti) paying a po_re·on of thc cost of acquiring the water, sewer and irrigation £acilitlcs or' Thc Scats l_ . ~. ....... ,,c-r',..~ ~r t-~llicr Count" tthc "L. ountv") as dcscrib,:d here n. (ii) mal~mg a deposit into thc Reserve thc Pcllcan Bay Scr'.'mcs L~lVlSlOfl Linc roou ; u, ~u ; .~ . . ' Account and (iii) paying certain costs oF issuance of thc Series 199~ Bonds. Thc Scales 1992 Bonds arc being issued as Additional Bonds (as defined in thc Resolution) on a parity with thc 5;88.2'05.000 aggregate principal amount outstanding or. thc District's Water and Sewer Revenue Bonds. Series 1985. the District's Water and Scwcr Revenue Project Bond. Series 198~. and thc District's Water and Sewer Revenue Bonds. Series 1991 (collcctivcly. thc · 'prior District Bonds") all issued by thc District pu~uant to the provisions of Rcsolution No. CWS-gS-5 adopted on July 2,0, 1955. zs restated. amended and supplemented {collectively. thc "Resolution"). The S~ries 1997. Bonds ~re s~cured by · pl~lge or., ·nd · party first lien on, thc Pledged Funds (~s defined in the Resolution), as pro~ided in thc Resolution. Sec "SECURITY FOR THE SERIES 1997. BONDS." The S-eries 19'92 Bonds sb~ll not be deemed to constitute a general obligation or p1edlle of the t.~ith ·nd cr,~dit or. thc District, the County, the S£tte or' Florid~ or any polltic·l subdirision thereof withih the meaning or' ·ny constitutional, lci:isl·ti~¢ or ch·ncr prods·on or limitation. Holders of the S.~ries 19'92 Bonds shall ne,'er b~'e the right, directly or indirectly, to requlrc or comp~l the exercise of any taxing power o[ the District, the County or any other political subdiHsion et' the State or' Florida for the payment of the Scales 19'97. Bonds- The S~:ries t992 Bonds ,,nd the obligations e~idenced thereby do not constitute · lien upon any property of the District. the Coun~ or the State of Fiodd~, but shall constitute n parity first lle, only on, and p~yabl¢ solely from, the Pledged Funds- Thc payment of thc pr·nc pal of and inter, st on the Series 1992 ~onds will be insurcd by a municipal bond insura, ncc policy to be issued by inane al Guaranty insurance Company ("Financial Guaranty") simultaneously with thc deliver' or' the Series 1992 Bonds. For a discussion or' thc ~2rms and provisions or' such policy, including thc limitations thereof, sec "~UNICIPAL BOND INSURANCE" hcr~in. Financial Guaranty Insurance FGIC. Comps,. In thc opinion or' Bond Counsd. under existing statutes, regulations, rulings and court decisions and assuming compliance with thc tax covenant dcscribed herein, intcrcst on the Series 1992 Bonds is excluded t'mm gross income for Federal income tax purposes, and is not a specific preference item for purposes of the Federal altcmative minimum tax. Such intcrcst will be includable in thc calculation of a corporation's alternative minimum taxable income. Sec. however, "TAX EXEMPTION" herein regarding certain other tax considerations. Bond Counsel is also of thc opinion that interest on thc Series 1992 Bonds is cxcropt from taxation under existing laws of the State of Florida. except as to estatc taxes and taxes imposed by Chaptcr 220. Florida Statutes, on intcrcst, income or profits on debt obligations owned by corporations, banks and savings associations. Sec 'TAX EXEMPTION" herein. AMOUNTS, MATURITIES. INTEREST RATES AND PRICES OR YIELDS $10,140,000 Serial Bonds ............................ Price Price interest or Interest or Amount Maturity Rate Yield Amount Maturity Rate Yield $600.000 1993 3.20 % 100% $775,000 2000 5.50% 5.55% 595.000 1994 4.20 100 81S.000 2001 S.'/0. 100 620.000 1995 4.50 100 $60.000 2002 5.80 100 645.000 1996 4.75 1130 910.000 2003 5.90 100 680.000 1997 4.90 4.95 965,000 2004 5.90 5.95 ?0S,000 1998 S.20 I IX) 600.000 2005 6. I 0 100 740.000 1999 5.375 5.40 630.000 2006 6. I $ 100 S2,950,000 6.3'/5% Term Bonds due July !, 2010 ~ Price 100% (Accrued interest to be a~ded) Th' co,;,, 199' rt,,ndx are offered in full book-entry form when. as and if issued br the District and recei*~d b)' the Under'alters tubject to the · ' ~'7'v~as~eir le alit' b' ~a~ra. Gibtin & Nickers~n. P~. Tampa. Flo~da. ~ond Counsel. Certain legal marten will ~ss~d on for the app~,,,;,, h~. ~ .... ~ Ry ~ul,r F~nuire Nanles Florida· Attorne)' to the District. Certain legal marten ~qll ~ ~sxed fi~n~or the ~'~'~;'D~' ~[J~T'~E ~'-~.~-~n~t ~[l~r and Olive P~ Tailaha~see Florida Raymond James & Raton. Florida i~ acting as Financial ~dvi~or to the Count)' and the District. It is ex~ed that tettlement jor tnt Se~es 1~2 Bonds will ~cur in New York. New York. on or a~ut Juh' 14. 1~2. Smith Barney, Harris Upham & Co. Incorporated Alex. Brown '& Sons InCorporated. Junc 30. 1992 ,NE.~___..~V [S__~_SUE-FULL BOOK ENTRY / Collier County Water-Sewer District (Fl°rid·) $40,320,000 Water and Sewer Refunding Revenue Bonds, Series 1994B $24,225,000 Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A Dated: JanuaO' 15, 1994 Due: July 1, as shown on the Inside Cover Page Thc Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A (thc "series 1994A Bonds") and the Water and Sewer Refunding Revenue Bonds. Series 1994B (thc "Series i994B Bonds") (thc Scales 1994A Bonds and thc Series 1994B Bonds being collectively referred to as thc "Series 199-~ Bonds") arc being issued by thc Collier County Water-Sewer District {the "District"l as fully registered bonds and initially will be registered in the name of Cede & Co., as nominee of The Depository Trust Company. New York, New York ("DTC"). Individual purchases will be made in book-entry form only in denominations or S5.000 and integral multiples thereof. Pumhascrs of the Series 1994 Bonds ,,,'ill not receive physical delivery of certificates. Transfers of ownership interest in the Series 1994 Bonds will be effected by DTC book-cnt%' system as described hernia. Interest on thc Scales 1994 Bonds is payable on July 1. 1994 and semiannually on each January I and July I thereafter. Principal of, premium, if any. and interest on thc Series 1994 Bonds wilt be payable by First Union National Bank of Florida, Miami, Florida, as Paying Agent and Bond Registrar. Thc Series 1994 Bonds are subject to optional and mandatory redemption prior to their slated maturities as described herein. This co,'cr page contains information for quick reference only and is not a summary of this issue, lnvcstar~ must read the entire Official Statement to obtain information essential to the making of an informed investment decision. Thc Series 1994 Bonds are being issued (i) to advance refund all of the District's Water and Sewer Revenue Bonds, Series 1985 (the "Series 19SS Bonds"). all of thc District's Water and Sewer R. cvenue Project Bond. Series 19g? (thc "Series egg7 Bond"), and a portion of thc District's Water and S¢,~'cr Revenue Bonds, Series 1991 (the "Scrles 1991 Bonds") '{.collectively, thc "Refunded Bonds"), and (ii) to pay certain costs of issuance of thc Series 1994 Bonds. Thc Series 1994 Bonds are being issued as Additional Bonds {as defined in thc Resolution) on a parity with that portion of the Series 1991 Bonds which is not refunded in connection with the issuance of the Series 1994 Bonds and the District's Water and Sewer Revenue Bonds. Series 1992 [collectively, the "Prior District Bonds"). all i~ued by the District purauant to the provisions of Resolution No. CWS-85-5 adopted on July 30, 1985. as restated, amended and supplemented (roll.lively, thc "Resolution"). The Series 1994 Bonds ·re secured by · pledge of, ,,nd · p,,rtty first lien on, the Pledged Funds (as defined in the Resolutioo), as provided in the Resolution. See "SECURITY FOR THE SERIES 1994 BONDS." The Series 1994 Bonds shall not be deemed to constitute · general obits-lion or pledge of the faith and credit of the District, Collier Count, the St·te of Florida or ,ny politiml subdivision of the St·re of Florida for the ptyment of the Series 1994 Bonds. The Series 1994 Bonds and the obligations evidenced thereby do not constitute · lien upon -,ny property of the District, Collier Count)' or the State of Florid·, but shall constitute · parity first lien only on, and pnyable solely from, the pieclged Funds. Thc payment of the principal of and interest on the Series 1994 Bonds ,~511 bc insured by a municipal bond insurance policy to be issued by Financial Guaranty Insurance Company ("Financial Guaranty") simultaneously ~.;ah the delivery of thc Sedcs 1994 Bonds. For a discussion of thc terms and provisions of such policy, including the limitations thereof see "MUNICIPAL BOND iNSURANCE" heroin. l"l F'mancia[ Guaranty Insurance FGIC. Company FGIC is · registered s.e~ice m~rk ~s~ by Fi~nnclsl G.m'~lqr Insurance Compn,~y under license fr~m its p~rent oomph.y, FGiC Corporation. In the opinion of Bond Counsel, under existing statute, r~gulatiorts. _rulings..an~ court decisions and assuming compliance with the tax covenants described herein, interest on thc Series 1994B Bonds is excludable from gross income for Federal income tax purposes, and is not an itrm of preference for purposes of thc Federal alternative minimum tax imposed on individuals and corporations. Such interest, however, wilt be includable in the calculation of a corporation's alternative minimum tamable income. See "TAX EXEMPTION ~ SERIES 1994B BONDS" herein regarding certain other tax considerations. Bond Counsel also is of the opinion that interest on the Series 1994A Bonds and the Series 1994B Bonds is exempt from taxation under er. isling laws ortho State of Florida, except as to estate taxes and taxes impo~d by Chapter 220, Florida Statutes, on interest, income or profits on debt obligations owned by corporations, banks and savings associations. Interest on the Series 1994A Bonds. however, will be included within the gro~s income of the holders thereof for purposes of Federal income taxation. The Series 1994 Bands are offered, when, as, and il'issued by the District and accepted by the Underwriters. subject to the approval as to their legality' by ~Vabors. Giblin & Nicker$on. Cuyler. Esquire. Naples. Florida. Attorney to the District. Certain legal matters will be passed upon for the Underwriters by their counsel. Carlton. Fields. Ward. Emmanuel. Smith & Cutler. P.A.. Tampa. Florida. Raymond James & Associates. Inc. Boca Raton. Florida is acting as Financial Advisor to Collier Count)' and the District. it is expected that the Series 1994 Bonds will be available for delivery to the underwriters in New York. brew York. on or about February 16. 1994. Alex. Brown & Sons incorporated Smith Barney Shearson Inc. William R. Hough & Co. JanuaB' 25. 1994 New Issue -- Full Book-Entry.]- U [ ,.~.~ In the opinion of ~ond Counsel, under ex/sting Statutes, regulations, rulings and court decisions and subject to the conditions described herein under' TAX EXEMPTION," interest on the Refunding Bontls is (i) excludable from gross income for federal income tax purposes, and [ii) not on item of tax preierence for purposes of the fed~.ral alternat/ve minimum tax imposed on indiv~duals and corporations. Such interest, however, will be includable in the calculation 0~ o corporat/on's alternative minimum taxable income and may be sub]ec~ to other federal income tax consequences referred to herein under "TAX EXEMPTION." Bond Counsel is further of the opinion that the Refunding Bonds and the income thereon are exempt from all present intangible persona/ property taxes imposed pursuant to Chapter 199, Florida Statutes. COLLIER COUNTY WATER-SEWER DISTRICT (FLORIDA) $6,605,000 Water and Sewer Refunding Revenue Bonds, Series 1999A $22,855,000 Water and Sewer Refunding Revenue Bonds, Series 1999B Series 1999A Bonds Dated Date: January 1, 1999 Due: July 1, as shown on the inside cover page Series 1999A Bonds Delivery Date: Ianuary 21, 1999 Series 1999B Bonds Dated Date: April 1, 1999 Series 1999B Bonds Delayed Delivery Date: April 6, 1fl99 The Water and Sewer Refunding Revenue Bonds, Series ~.999A (the "Series 199§A Bonds") and the Water and Sewer Refunding Revenue Bonds, Series 1999B (the "Series 199913 Bonds,~ and together with the Series 1999A Bonds, the "Refunding Bonds") are being issued by the Collier County Water-Sewer District (the District ') as fully registered bonds and initially will be registered in the name of Cede & Co.. as nominee of The Depository Trust Company, New York, New York ["DTC"]. Individual purchases will be made in bock-ent~ form only in denom/nations of $5,000 and integral multiples thereof, purchasers of the Refunding Bonds will not receive physical delivery of certificates. Transfers of ownership interest in the Refunding Bonds will be effected by DTC's book-entry system as described herein. Interest on the Refunding Bonds is payable on July i, 1999 and semiannually on each January 1 and July 1 thereafter. Principal of. premium, if any, and interest on the Refunding Bonds will be payable by First Union National Bank, Jacksonville, Florida, as Paying Agent and Bond Registrar. The Series 1999A Bonds are not subject to redemption prior to their stated maturities. The Series 1999B Bonds are subject to optional redemption prior to their stated maturities as described herein. This cover page contains information for quick reference only and is not a summary of this issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. The Seri..e,s 1999A Bonds are being issued, together with certain other legally available funds of the District, to (i) refund certain of the District s currently outstanding Water and Sewer Revenue Bonds, Series 1992, and (ii) pay certain costs of issuance of the Refunding Bonds. The series 1999B Bonds are being issued, together with certain other legally available funds of the District, to (i) refund all of the District's currently outstanding Water and Sewer Revenue Bonds, Ser~es 1991, and (ii) pa.y certain costs of issuance of the Refunding Bonds. The Refunding Bonds are being issued as Additional Bonds (as defined in the Resolution ) on a parity with the District's outstanding Water and Sewer Revenue Bonds, Series 1992 which remain outstanding followingthe delivery of the Series 1999A Bonds, TaXable Water and Sewer Refunding Re, venue Bonds, Series 1994A, and Water and Sewer Refunding Revenue Bonds, Series 1994B (cOllectively, the "Prior District Bonds'), all issued by the District pursuant to the pro,v, isions of Resolution No. CWS-85-5 adopted on July 30, 1985, as restated, amended and supplemented [collectively, the "Resolution ). ON PARITY AND EQUAL STATUS WITH THE PRIOR DISTRICT BONDS, THE REFUNDING BONDS ARE SECURED BY A PLEDGE. QF.-AND LIEN ON'THE~LEDGED FUNDS (AS DEFINED IN THE RESOLUTION ]', AS PROVIDED IN THE RESOLUTION. SEE "SECURITY FOR THE REFUNDING BONDS" HEREIN. THE REFUNDING BONDS SHALL NOT BE DEEMED TO CONSTITUTE A GE1VERAL OBLIGATION 'OK PLEDGE OF THE FAITH AND CREDrr OF THE DISTRICT, COLLIER COUNTY, THE STATE OF FLORIDA OK ANY POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR THE PAYMENT OF THE REFUNDING BONDS. THE REFUNDING BONDS AND THE OBLIGATIONS EVIDENCED THEREBY DO NOT CONSTITUTE A LIEN UPON ANY PROPERTY OF THE DISTRICT, COLIJ~.~ COUN'I~ OK THE STATE OF FLORIDA, BUT SHALL CONSTITUTE A LIEN ONLY ON, AND PAYABLE SOLELY FROM, THE PLEDGED FUNDS. The payment of the principal of and interest on the Set/es 1999A Bonds will be insured by a municipal bond insurance policy to be issued by Financial Guaranty Insurance Company simultaneously with the delivery of the Series 1999A Bonds. The payment of the principal of and interest on the Series 1999B Bonds will be insured by a municipal bond insurance policy to be issued by Financial Guaranty Insurance Company Simultaneously with the delivery of the Series 1999B Bonds. For a discussion of the terms and provisions of such policies, including the limitations thereof, see "MUNICIPAL BOND INSURANCE" herein. ~ Financial Guaranty ln~u.rance FGIC. Company FGIC is a registered aery/ce mark used b7 Financial Guaranty Insurance Company, a private company not atfiliated with any U.S, Government agency. The Refunding Bonds are offered when, as, and if issued by the District and accepted by the Underwriters, subject to the approval as to their legality by Nabors, Giblin 8' Nickerson, P.A., Tampa, Florida, Bond Counsel. Certain iegal matters will be passed'on for the District by David C. Weigel, Esq., Naples, Florida, Attorney to the District. Certa/n legal matters w//] be passed upon for the Underwriters by their counsel, Bryant, MiLler and O//ve, P.4., Tampa, Florida. William R. Hough ~r Co. Naples, Florida is acting as Financial Advisor to the District. It is expected that the Series 1999A Bonds w/il be available for delivery on or about January 21 I999 and that the Series ~999B Bonds will be available for delivery on or about April ~, 1999. See "DELAYED DELIVERY RISKS"her'ein. Raymond James & Associates, Inc. Salomon Smith Barney Dated: ~anuary 8, 1999 101 APPENDIX C - USER CHARGE SYSTEM ~EWER USE ORDINANCE ~ ~ DRDINANCE REGULATING THE USE OF PUBLICLY OWNE~ ~ STEWATER FACILITIES AND PRIVATE SEWERS AN~ -~ ~RAINS; PROVIDING A PURPOSE; PROVIDING -~ DEFINITIONS; PROVIDING ABBREVIATIONS; PROVIDIN~ ~ SUPPLEMENTAL SERVICE CHARGE; PROVIDING RULES AN~ -- REGULATIONS; PROVIDING FOR MONITORING AND INSPECTION OF FACILITIES; PROVIDING FOR VIOLATIONS; PROVIDING FOR CONFIDENTIALITY OF INFORMATION; PROVIDING FOR SERVICE CHARGES AND FEES; PROVIDING FOR CONFLICT, SEVERABILITY, A.ND EFFECTIVE DATE BE IT ORDAINED AND ENACTED BY THE BOAS{D OF COLLIER COUNTY COMMISSIONERS OF COLLIER COUNTY, F~ORIDA, EX-OFFICIO THE GOVERt~ING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: · ~ECTION ONE - PURPOSE 1.1 This ordinance sets forth uniform requirements for direct and indirect contributors into the'wastewater collection and ,:.' treatment system for Collier County Water-Sewer District and enables ~ Collier County Water-Sewer District to comply with all applicable State and Federal laws required by the.Clean water Act of 1977 ~nd the'General Pretreetmen~ Regulations (40 CFR Part 403). 1.2 The Objectives of this ordinance are: 1.2.1 To prevent the introduction of pollutants into the County wastewater system which.will interfere with the operation of the'system or contaminate the resulting sludge; 1.2.2 To prevent the introduction of pollutants into the 6ounty Wa~e~ater system which will'"'~Ss through the system, inadequately treated, into receiving waters or the atmosphere or oth~rwise be incompatible with the system; 1.2.3 To improve the opportunity to recycle- and reclaim wastewatsrs and sludges from the system; and 1.2.4 To provide for equitable distribution of the cost of the .County wastewater system. 1.3 This'ordina~ce provides for the requlation of. direct and "'"'' indirect contributors to the municipal wastewater system through the -' issuance, of permits to certain non-domestic users and through enforcement acti¥itie~, · requires user reporting, assures that 10'l ORDINANCE NO. 2000- 3 4 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, ~ING SUBPARAGRAPHS 3.2.A.1. and 3.2.A.2. OF COLLIER COUNTY ORDINANCE NO. 97-48, TO REVISE THE R~TES. FEES AND CHARGES V~iTHIN THE COLLIER COUNTY WATER-SEWER DISTRICT, ALSO AMENDING SUBPARAGRAPH 3.3.D. REGARDING EFFLUENT IRRIGATION USAGE CHARGES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY; PROVIDING AN EFFECTIVE DATE. THE NEW RATES: SUBPAKAGRPHS 3.2.A. 1. and 3.2.A.2. Water (a) Service Availability Charge for Individually Metered Residential, Non-Residential, Multi-Family Residential and Irrigation: 5/8 and 3/4 inch meter $ 12.00 per month . 1 inch meter $ 24.00 permonth 1 ~A inch meter $ 36.00 per month 1 V2 inch meter $ 44.00 per month 2 inch meter $ 69.00 per month 3 inch meter $ 134.00 per month 4 inch meter $ 207.00 per month 6 inch meter $ 411.00 per month 8 inch meter $ 737.00 per month 10 inch meter $1,200.00 per.month 12 inch meter $1,700.00 per month Co) Volume Charge Per 1,000 Gallons: .... (i) Individually Metered Residential, Non-Residentlat, Residential (no separate meter for irrigation): Base Usage Amount Usage greater than Base Usage Amount Usage greater than 2 times the Base Usage Amount and Multi-Far~ · $1~0" $2.25 Base Usage Threshold (per month): Meter Size Base Usage 5/8 anti, inch meter 1 inch meter ': I 'A inch meter t V2 inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 in.ch meter 10 inch meter 12 inch meter 10,000 gallons 25,000-g'allOns 40,000 gallons 50,000 gallons 80,000 gallons 160,000 gallons 250,000 gallons 500,000 gallons 900,000 gallons 1,450,000 gallons- 2,150,000 gallons Two times Base Usage 20,000 gallons 50,000 gallons 80,000 gallons 100,000 gallons 160,000 gallons 320,000 gallons 500,000 gallons 1,000,000 gallons 1,800,000 gallons 2,900,000 gallons 4,300,000 gallons (ii) Residential or Non-Residential Irrigation (separately metered): All usage $2.03 .J 2. Sewer (~) Service Availability Charge for Individually Metered R~idential, Non-Residential, and Multi-Family l~.¢s~dential: 5/8 and SA inch meter $ 17.00 per month inch meter $ 35.00 per month % inch meter $ 53.00 per month Va inch meter $ 65.00 per month inch meter $ 101.00 per month inch meter $ 19'7.00 per month 4 inch meter $ 305.00 per month 6 inch meter $ 606.00 per month 8 inch meter $1,087.00 per month 10 inch meter $1,750.00 per month 12 inch meter $2,600.00 per month (b) Volume Charge Per 1,000 Gallons: (i) Metered Usage $1.94 (ii) Individually Metered Residential Maximum: The maximum volumetric charge for individually metered residential, property shall be 10,000 gallons per month. SUBPA._RAGRA.PH 3.3.D. - EFFLUENT IRRIGATION USAGE CHARGE OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT, AND THE GOODLAND WATER DISTRICT: 1. Effluent irrigation usage in each District shall be at the following schedule: (a) Service Availability charge: (i) Individually Metered Irrigation: 5/8 and V4 inch meter $ 4.35 per month 1 inch meter $ 10.90 per month 1 Va inch meter $ 21.75 per month 2 inch meter $ 43.50 per month 3 inch meter $ 87.00 per month 4 inch meter $ 174.00 permonth 6 inch meter $ 330.00 permont~ 8 inch meter $ 600.00 per month 10 inch meter $ 960.00 per month 12 inch meter $1,430.00 per month VqHEREAS, the Board of County Commissioners of Collier County, Florida is the Ex- Officio Governing Board of the Collier County Water-Sewer District; and. WItEREAS, staff, following ref~ommendafions in the Ap.ril 2000, Rate Review, has recommended to the Board that specified water and sewer monthly rates, fees, and charges be decreased and simplified as to eliminate the three distinct rate formats for residential, multi-family and commercial classes and replace it with one rate format for all custo_mem; and has recommended meter sizes up t~ 12 inch meters for all.servic~ availability charges; and WHEREAS, thc Board agrees with and affirms the Rate Study and staff's recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORII)A., AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT OF coLLIER COUNTY, FLORIDA, AND AS EX.OFFICIO THE GOVERNING BOARD OF THE MARCO WATER AND SEWER DISTRICT, AND THE GOODLAND WATER DISTRICT that: Underlined text is added, ~uekqt,,magh text is cl~leted 2 SECTION ONE. AMEI~MENTS TO SUBSECTIONS 3.2.3..1. AND 3.2.3.2. OF SECTION THREE OF COLLIER COUNTY ORDINANCE NO. 97-48. Subsection 3.2.A.1.. (a')(i) & (ii), and Co)(i),(ii) & (iii); and 3.2.A..2. (a)(i) & (ii), and Co)(i) & (ii), all in Section TBSLEE of Ordinance No. 97-48, are hereby amended to read as follows: 3.2. Monthly Rates, Fees and Charges. A. Monthly user fees for the Collier County Water-SewerDistfict. Residential and non-residential properties within the boundaries of the Collier County Water-Sewer District shall pay the following rates, fees and charges for service provided by the Collier County Water-Sewer Districts: I. Water (a) Service Availability Charge for Individually Metered Residential, Non- Residential, Multi-Family Residential and Irrigation: 5/8 and '/4 inch meter $ 12.00 per month 1 inch meter $ 24.00 per month l 'A inch meter $ 36.00 per month 1 ¼ inch meter $ 44.00 per month 2 inch meter $ 69.00 per month 3 inch meter $ 134.00 per month 4 inch meter $ 207.00 per month 6 inch meter $ 411.00 per month 8 inch meter $ 737.00 per month 10 inch mete,[ $1,200.00 per month 12 inch meter $1,700.00 per month First "*'"'~' :' ~ ~ ~:~ $t 2.90 Co) Vol~e ~ge P~ 1,000 G~lo~: In,~nn 20,999 ~ ~ ~did~udly Met~ R~id~tinl~ Non-R~idenfid~ ~d Mul~ -F~ily R~i~fl ( no s~te met~ for i~gation): ~ B~c Usage ~o~t Usage ~tcr ~ ~c B~o Usage ~o~t $1.8Q Underlined text is added, g~.'-c.k "'-,,.~-.'-gh text is d~lcted 3 . r~, ~ hold (peri'th): . . , ~ ~. BascUsage Meter S~c Base Usa~ Two tim~ B~c Usage 5/8 and % inch meter 1 inch meter 1 ¼ inch meter 1 ¼ inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter 10 inch meter 12 inch meter 10,000 gallons 25,000 gallons 40,000 gallons 50,000 gallons 80,000 gallons 160,000 gallons 250,000 gallons 500,000 gallons 900,000 gallons 1~450,000 gallons. 2,150,000 gallons 20,000 gallon, s. 50,000 gallons_ 80,000 gallon.s. 100,000 gallons 160,000 gallons 320,000 gallons 500,000 gallons I?000,000 gallons_ _1,800,000 gallons 2,900,000 gallons 4,300,000 gallon_s (44i-) (ii) Residential or Non-Residential Irrigation (separately metered): All usage $2.03 S ewer (a) Service Availability Charge for Individually Metered Residential, Non- Residential, and Multi-Family Residential: 5/8 and 3/4 inch meter $ 17.00 per month I inch meter $ 35.00 per month 1 ¼ inch meter $ 53.00 per month 1 V2 inch meter $ 65.00 per month 2 inch meter $ 101.00 per month 3 inch meter $ 197.00 per month 4 inch meter $ 305.00 per month 6 inch meter $ 606.00 per month 8 inch meter $1,087.00 per month 10 inch meter $1,750.00 per month 12 inch meter $2,600.015 per month SECTION TWO. e:_~, .~ .... ,,: ..... :* $17.99 pzr mc, nth Each ""'~:':~"~' '~ .... ": ..... ~) Vol~e ~ge Per 1,~0 Gallom: e, n~ $1.94 (i) M~ter~ Usag: vol~e~c ch~ for ~dividu~1y meter~ r~idenfi~ ~~S TO S~SE~ON 33.D. ~ SE~ON ~E OF COLLIER CO~ O~CE NO. 97~8, Subsection 3.3.D.(a)(i), in Section THREE of Ordinance No. 97-48, is hereby mended to 'read as follows: Section 3.3. District Rates, Fees and Charges other than Monthly User Fees. D. Effluent irrigation usage in each District shall be at thc following schedule: Underlined text is added, '""~"" ..... ~ ' g ........ ~, text is dileted 4 (a) Service Availability charge: (i) Individually Metered Irrigation: 5/8 and V4 inch meter $ 4.35 per month 1 inch meter $ 10.90 per month 1 'A inch meter $ 21.'/5 per month 2 inch meter $ 43.50 per month 3 inch meter $ 87.00 per month 4 inch meter $ 174.00 per month 6 inch meter $ 330.00 per month 8 inch meter $ 600.00 per month 10 inch meter $ 960.00 per month 12 inch meter. $1,430.00 per month SECTION THREE. CONFLICT AND SEVERABILITY. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unc6nstitutionai by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION FOUR. iNCLUSION IN TIlE CODE OF LAWS .AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. Sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FIVE. EFFECTIVE DATE. This Ordinance shall become effective July I, 2000, upon being filed with the Department of State. PASSED AND DULY ad6pted:by'the Board:or County Commissioners this _ pc~_a~ ,2000. . q ¢ day or ....... ATTEST: ..... D ,W~...Gtqr E. BROCK, CLERK .."'"'. ' ;'5i'.";'."-'-'.' '", " -: ,: ,-.'.;By..:,?~~-,- . ' .~ .~ ~ ./,~i::,'. :,'-: :~ '.i>4uty Cl~rk . \":..':..:. :. q ~,;,~_...~.~. "....' ' ' · '..~r~";,~ to torm ana ........ ~egal 's~cienc~: Assistant County .Attorney Underlined text is added, °'-'"' a. .... "m text is d~leted 5 .OA COU W comassiom ', ~ls ordinate filed with the filing r~calv,d thi~ ~~ ~','3'' ,~,.f ~'~'...:;~ · :~ · ..,:.. ,.:{-q*~ k % .. '..?',~ STATE OF FLORIDA) COUI~TY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Clrcul Collier County, Florida do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2000-34 which was adopted by the Board of County Commissioners on the 9th day of May, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of ~unty Commissioners of Collier County, Florida, this 10th day of May, 2000. DWIGHT E BROCK -' -'...'-' ....... ~.?-~-?:'"-. · ~. ~...~ ~ ...... ..?~_:...:... o,,. Clerk of Courts and .~er~--:.?~,':~-~ -%~"- Ex-officio to Boar~.~f .... ,...?...... 4..-~.... County Comm~sslone~: .. ~,..'.~ ".: ... .~.,.:'.:-': ~ ~ ~ ., . ......... . .~..... ~.. . i .. .... ,.'. ,' By: Kamen Schoch, ",,.., .'.?....:.~].: ',,." Deputy Clerk ..... "" Article Article Article Article Ordinance No. lOI 2001 - 13 .... INDEX I- General 74-100. 74-101. 74-102. 74-103. 74-104. 74-105. 74-106. 74-107. 74-108. Repeal of Ordinance Short Title Authority Applicability. Findings Purpose Adoption of Impact Fee Studies Rules of Construction General Definitions II - Impact Fees 74-201. Imposition of Impact Fees 74-202. Payment 74-203. Use of Funds 74-204. Alternate Fee Calculations 74-205. Developer Contribution Credit HI - Special Requirements for Specific Types of Impact Fees 74-301. Overview of Special Requirements 74-302. Special Requirements for Road Impact Fee 74-303. Special Requirements for Water Impact Fee and/or Sewer Impact Fee 74-304. Special Requirements for Parks and Recreation Impact Fee 74-305. Special Requirements for Library Impact Fee. 74-306. Special Requirements for Emergency Medical Services Impact Fee 74-307.. Special Requirements for Educational Facilities Impact Fee 74-308. Special Requirements for CorreCtional Impact Fee 74-309. Special Requirements for Fire Impact Fee IV - Affordable Housing Impact Fee Waiver or Def, err~l 74-401. Impact Fee Waiver or Deferral 74-402. Affordable Housing Definitions, Benefit Standards and Limitations. - Page 1 2 2 2 2 3 3 4 5 18 21 23 26 28 35 36 39 46 46 47 47 48 48 50 55 Article V. Miscellaneous Provisions 74-501. Collection of!mpact Fees in Default. 56 74-502. Update Requirement. 58 74-503. Incorporation of Admini strative Procedures Manual 58 74-504. Declaration of Exclusion from Admirfistrative Procedures Act. 59 101 COLLIER COUNTY /~/~ " CONSOLIDATED IMPACT FEE ORDINANC ORDINANCE NO. 2001 - 13 . AN ORDINANCE OF COLLIER COUNTY, FLORIDA; PROVIDING FOR A SHORT TITLE, AUTHORITY, APPLICABILITY, FINDINGS, PURPOSE, ADOPTION OF IMPACT FEE STUDIES, RULES OF CONSTRUCTION AND GENERAL DEFINITIONS; PROVIDING FOR IMPOSITION OF IMPACT FEES, INCLUDING GENERAL REQUIREMENTS, IMPACT FEE RATES, IMPOSITION OF IMPACT FEES BASED ON CHANGES IN SIZE AND USE OF A BUILDING OR DWELLING UNIT, EXEMPTIONS FROM IMPACT FEES, PROVIDING GENERALLY FOR WAIVER AND DF_FER[-3AL OF IMPACT FEES FOR AFFORDABLE HOUSING, AND FOR REIMBURSFM.ENT OF CERTAIN DEFERRED OR WAIVED FEES; PROVIDING FOR THE PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR USE OF FUNDS, INCLUDING PROVIDING FOR SEPARATE IMPACT FEE TRUST FUNDS AND THE USE OF IMPACT FEES COLLECTED; PROVIDING FOR ALTERNATIVE IMPACT FEE CALCULATION PROCEDURES; ,,PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT PROCEDURES; PROVIDING FOR SPECIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES, INCLUDING AN OVERVIEW, AND SHORT NAME, PURPOSE, LIMITATION ON APPLICABILITY, PAYMENT, USE CE FUNDS, AND IMPACT FEE RATES, AND ESTABLISHING OR REAFFIRMING IMPACT FEE DISTRICTS, AS APPLICABLE, FOR: ROAD, WATER AND SEWER, PARKS AND RECREATIONAL, LIBRARY, EMERGENCY MEDICAL SERVICES, EDUCATIONAL, C°RRECTIONAL AND FIRE FACILITIES IMPACT FEES; PROVIDING FOR AFFORDABLE HOUSING IMPACT FEE WAIVERS OR DEFERRALS, INCLUDING DEFINITIONS, BENEFIT STANDARDS, AND LIMITATIONS; PROVIDING FOR COLLECTION OF IMPACT FEES IN DEFAULT; PROVIDING FOR PERIODIC REVIEW AND UPDATE; PROVIDING FOR INCORPORATION O.F. ADMINISTRATIVE PROCEDURES MANUAL; PROVIDING FOR . DECLARATION oF EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR APPENDICES FOR IMPACT FEE RATE SCHEDULES & DISTRICT BOUNDARIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS ANDORDINANCES; PROVIDING .... FOR CONFLICT AND SEVERABILITY; PROVIDING FOR REPEAL OF SPECIFIED ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT; SECTION ONE. Collier County hereby adopis an Ordinance that reads as follows: :" ~ ' : ARTICLE I ' :'- %-'! GENERAL -- Sections 74-1 through 74-99, Reserved, ~"'' . . . i ?'-. : _, Seotlon 74-100. Repeal of Ordinances. . .. ,, j On the effective date of this Ordinance the lollowlng Collier County Ordjqances~ were repealed and superceded in their entirety: Number 98-69, as amended, the Collier County Regional Water and/or Wastewater Systems Impact Fee Ordinance; Ordinance 99-39, the Collier County Parks No, 88-97, as amended, the Collier County Library System Impact Fee Ord, inance; Ordinance No. and Recreational Facilities Impact Fee APPENDIX D - CONSENT ORDER Go~,~.mor For~ Myers. Florida 33902-%~4? CE~Tii=IE-D ~ NO. 7000 1670 0005 5300 4745 lames D. Carter, Ph.D., Chairman Collier Counts' ttom'd of County Commissioners 330[ E. Taxniarni Trail Naples, Florida 34112 CounW - DW OGC Case No. 01-0552-1i-DW Collier County North B.¢gional FL0141399 Dear Dr. Caner: t~nclOsed is ~he Consent Order to resolve thc above referenced ca~e. Please sign this copy and remm k to the Depa/tmcn; within fift~n.(IS) days. If you have any questions plea, e contact Keith Kleinmann at (941) 33~6975, ~ 182, · Your ~oper~ion in resoMng ~s c~e is appreciate. Sine,ely, ~chard W. Can~rell Dire~or of Diguim Matmgemem Enclosure James Mndd 80 'd "More 10-98-d3S BEFORE THE STATE OF FLORIDA DEpAI~.T%~c2~T OF EN¥I~OI~lVKENT~L PROTECTION STATE OF i:rLORIDA DEPARTMF. NT OF ENVIRO~~AL PROTECTION, Complainant, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent. IN TM'F~ OFFICE OF THE SOUTH DISTRICT OGC FILE NO. 01-0552-11-DW CONS'E..NT. ORDER This Consent Order is entered into between the State of Plofida Dep~xuncnt of Environmental Protection ("Department") and Collier Board of County Commissioners ("Respondent~) to reach settlement of eerra/.'n matters at isme between the Department and Respondent. The Deparunem finfl~ ~r~d the Respondent admits the followbag: 1 .' The Depa~ment is the admiuLva-arive agency of the State of Florida haviaug the power and duty to p'ro:ect Florida's air and water resources and to actm~ui,ter and enforce thc provi~i0ns of Chapter 403, FloricI~ Statutes, and the rules promulgated thereunder, Tide 62, Florida .Administrative Code. The Department h~q jur[sdicticm over the matters addressed...im this Consent Order. 2. .Rr..$'pondent i$ a person within the meaning of Section 403.031($), Florida Statutc.q. · '- 3. Respondent i~ the owner and is rcspo~ibI¢ for the operation of th~ Collier County North Regional Water Reclamation Facilky, au g.$ mmlon ~Ilo:m per day (MOD) annual average doily flow (AADF) icdvated sludge process wasteWat~r treamaem facility (~North Facility") with chlorinated effiueI~ to two Cla~$ I injection wells located ~t the Collier County. North V;~ter Trcitment Plaint, a Regional l~eu~ ~e PMm ~vcr ~ w~ disc~g~ to ~e C~ohat~ee ~ver. The No~ locat~ at Latitude 26~ t5' !2" N, ~i~e. 810 45' 26" W, Co~i~r Counw, Naples, ~o~a. Kespondent is ~Bo ~ o~er ~d ~ respomiblc for ~ ~rstlon of ~e ColIiar Co~ Sou~ ~onal Water Recl~fion Faceit, '~ 8 MGD ~F m~ed Lud~ck En~ger pr~ess wastewater ~za~ent hcit. iO' (South Fac~i~) wi~ c~lo~r~ effi~nt to a regional reuse system and a Class ~ injection well. ~a Sou~ Facih~ is lo~ at Latitude 26~ 05' 30~ N, ~ngimde 81 o ~3' 3(>" W, Collier Count, Naples. Florida. 4. Respon~em ~,iolat~ Flori~ A~n~ve Code ~.A.C.) Rule 62~.7~(2)(a) w~ch pro~biu ~e. release or ~spos~ of excreta, sewage, or o~r wamwaters or domes~c watewat~ msiduats w.i~our provid~g p~ ~m~e~ ~d F.A.C. - R~e 62-~.410(6) which ~ukei ~t aE hc~ifies md ~uipm:nr ne~ for ~e ~em, reuse, and d~pos~ of dom~fic wastewa~er or domestic waSewamr me,rained ~ a mi~_imum, so as to ~cfion ~ ~mM~. On I~ 26, md 28, 2001; Febm~ 7¢ 14. t5, 19(~), 20, 2I, 27. aM 28, 2~i: M~ch I,'~ 3, 2001. ~e ~¢ondent reported t0 tim Dep~ent ~.at ove~ows or p~a~y No~ Fac~ due m ~ydr~¢~ges. 5. Hav~g rmched a resolu~on of ~e mawr, ~e Depament and ~e Respondent mumally agrec and it is 6. ~onde~ s~I1 ~b~t F~ 62~20.9t0(t2), ~No~ti~ of Completion of Co~edon for Wa~w~ Facfii~ or Activities", for ~e 5 MGD exp~ion' to ~ Nor~ 7. Re~M,nt ,~ ~e t~t at lest h~f for ~e 5 MGD exp~ioa to ~e No~.Fa~U is a~able for flow ~tion By D~b~ 101 8. P, espondent sh.~li sub~ au ~ppHcafion for. modification of the Nor~h (including appropriate f¢¢~, E n~c~s~) [o ~= ~t ~e =xp~on to thc Nor~ Facili~ h~ adequate e~ucnt dis~sal capac~. T~S applicadon shah b= sub~:~cd w~b%~ s~ (60) days 9. ~¢spond~nt shah ~b~k ~ appl~ca~on for mod~fmadon of ~¢ No~ (~clud~n~ aUpropr{z%c fees, ~ nccess~y) to ~co~omt~ s~ndao' e~quent disposal v~a Class I rejection wells at the No~ Co~ water Tr~cm PI~[' or the South PacHi~, application shzlI include approprht¢ protoco~ to ensu~ ~at r¢chim~d watcr lines =¢ d~cted, The app~cadon ¢~1 be ~¢¢d to ¢h¢ D~en~ ~t~ sL~ (60) days of date of ~s Cogent Order. ~y aon¢~cfion n¢¢ess~W s~l be completed by December 2001. (~clud~g approp~ fe~, if n~¢~) for a ~po~ in~rco~t of rech~ ~tween ~¢ No~ ~cili~ ~d ~¢ Sou~ FaoiliW. ~e applicafion ~h~H be ~b~ ~o Dependent ~ s~y (60) days of the ~ of t~ Co~¢nt ~- ~¢ a~Hcafion include prov~io~ for d~pos~ of a portion of ~e Nomh PaailiW's e~uent ~ ~le CI~s injection well at the Sou~ Pacili~, ~y co~on n~s~' sha~ bc comple~ by 11. Respondent sS~t sub~t ~ application for m~fi~fion of ~e No~ (~cludifiE~ppropfiaze-f~s, ff n~¢ss~) to ~i ~de~a~ly'-dcs~ flow ~s at ~¢ No~ Pao~icy ~n s~ (60) days ~ ~¢ da~ of ~ C~n~ Order. 12. Respondent ~H comp1¢~¢ ~¢ co~cfion of ~e flow ~u~li~do~s~g¢ re.enid a~ve by Nov~ 1, 2~Z. 1~. Re~ond~ s~H ~bmk a comp~h¢~iVa review of ~¢ ~mdent's ~¢nt coll~fi~ ~ a~ ~V ~paclfie~. ~e review ~ ~lhd¢ b~ mo~ ~ ~ysis of ~ R~onde~'s ~ently ~io~t~ flow~, e~g flows ~d ~ ~ewa~r -. fl~ I0-9¢-d~S 90 'a 101 shall be si~rmd and scaled by a pro~..s$'.tonal cng'Luccr r~ist~r¢cI Lu thc Sta~ of l~Ioz'ida. The comprchcnslv¢ analysis sh~I1 be submitted tO th¢ Department by October l~ 2001, Rcspondvr~t shall also submit anraxal capacity analysis reports for both facilities bcghm~g $uly I, 2002 and lasting undt July t, 2005. 14. Respondent shall submit an appEcafion and appro?riz:c fees for an e×pansion of at least 10 MGD Annual Average DaLly Flow (AARP) to the- Nor*-h Fac[lky. The expansion shall be des[g-ned ba~ed on maxhnum monflfly daily flow 0xC2~DF). The modification wSdt .giv~ fl~e facility a tota~ capaci~ of 30.fi MOD_MM-DF. The application chall be s~bmkted to the '~partment by January ~6, 2002. The applkction shall be prepcred and sealed by a pro~ess[onaI engineer registered appl~fiom Res~em s~ e~e ~t ~e iffo~fion is ¢ubm~ed. %~biff 30 flays of e~ecr. If ~e ~udent ~ ~ble or ~w[~g to con$~ a m~cafi~ of ~e plant's ~ea~c~ and d~o~ ~stem :o seek ogaer relief to re.kc 15. R~pond~t pm~mph 14 above, ~mplcte md place 2,05. - ........ 16. Re~nden~ shall complcm m e~ion of ~e Sou~ Fm~ to [6 MOD ~um mog~ flow by Nov~ I, 2003. I7. ~es~ s~H emac ~ m~om to ~e No~ Fac~ ~at ~clud, mporary ~~m to due m c~fions rrm accordance with paragraph 2t, below. 4 18. ~vc~/ calendar quarter a_6t¢~ the effcafivc d~te of ~ Cogent O~¢r, . Rcs~nden~ shall s~ ~ wring to ~e Deplane a repo~ con~g ~o~fion ~nce~ing ~e s~a~s ~d pro~ess of ~roj~m ~g ~ompl¢~d ~dcr ~s Co~n~ Order, ~fo~adon' as to co~li~c~ or noncomp~ce wi~ ~¢ applic~blc requkern~n~ 0f Co~znt Order in¢lud~ col~cdo~ rcq~ea~ ~d c~uent lh~mfio~, ~d any reasons for noncompliance. Such r~o~ sh~l ~o include a pzoj~tion of thc work to ~ pur~uanz to ~is Co~ Order dur~g ~z foltow~g 12 mo~ p~od. ~e m~ shall be · submiazd to ~e Dep~e~t within ~bi~ (30) days fotlow~g ~¢ ¢~ of fl~z q~rter, 19. In ~¢ ~ent of a sale or comvey~ce of ~e facility ox of ~e pro~ upon ~e faoili~ is l~at~, [f all of ~e m~ke~ of ~s Co~¢~ ~d~ have not ~n ~ly safisfi~, Respomdent sb_~l~, ar least 30 days prior ~ ~e sMe or c~vey~ of ~¢ prop¢~ or ~cHiw, (I) nofi~ ~e D~~t of such ~e or convey~, (2) p~viae ~¢ ~e ~d ' copy of ~is coms~ ~der with ~1 a~c~en~ to ~e m~w o~. The 5~e or ¢onvey~ce of ~¢ f~zi~y, or ~e prope~ ~on w~zh ~e f~i~ ia lozat~ ~ not relieve ~¢ R~o~d~nt Respondent sMll pay ~e D~~ $160,0~.~ ~ set~ement of ~e m~er~ ad~es~M tMs Cogent Order. ~is ~o~t ~clud~ $130,~D.~ ~ civil penalfies'fo~ al~gM ~n¢fit, and $5~.00 for ¢os~ ~ ¢~¢~ ~c~ by ~e D~~t d~g ~e ~ves~ga6on ~ ~i~ ~r ~d ~e prep~dOm ~d ~a~ of ~ Cogent Order. s~l bc ~d¢ bk'~i~'s ch~k or mon~ o~¢r. ~e ~i[~ent sh~ ~ ~d¢ ~abl~ to the a~i~ to ~ Cogent ~der amd ~ ~on "~s~ M~g~nt a~ 101 Ornes thc civil portal'O' ~nomat, or $232,500.00. A p~pnn,el for tho ~-~d subdued to ~e Dep~ent ~tt~ thi~ ~30) days ofen~ of~ ~s~t Order. tfth~ in- Mhd proposal is not approved by the $ecr~ of~e D~ent, Re~ond~t De.merit S 160,000.00 ~5~ ~en~' (20) ~3~ ofb~ing nodfi~ by kind, propos~ ~ approved, ~e Respo~deat shall p~Y cos~ owed to ~t~n m,e~ (20) clays of being notified by the Dep~eni, Payment shall Be made by cashier's ~neck or money order. ~e ~k~ent shJl ~. made payable to ~e "Dep~xent of Enviro~xenr~ Protc~on' ~d sha~ ~etude th~eon ~e OGC n~ber ~signed to ~is Cogent Order ~ ~e no~tioa "Eco~em Mmagement ~d Re~torafion T~ gl. Redolent a~ ~o pay ~e Dcp~mt sfipu[ated pe~es ~ the am~ of St0,0~,~ ~ day for e~h ~d eve~ d~y k~ponflent fa~s to ~ly ~mpty re.kern, am of Pa~aph 6,7 md 17 of ~s Comem Order. ~ondent Depam~t s~pulat~ ~mlties ~ ~ mo~t of $25~.00 per ~y for ~ch and e~e~ day Re~ondent fa~s m ~ety rumply wi~ a~y of ~e r~ukemenu of Count Ord., R~p~dent agrees to pay ~e Depa~ent stipuht~ ~ti~ ~ ~e mo~t of $1~.00 ~r day for ~eh ~d eve~ ~y ~nd~t faih to ~elY comply reqz~meau of Pam~p~ I3-20 of ~is Comenr Order- A sep~aW sfip~ted ~W sh~l be assessed for each violmion o{ ~ C~ent Ord--. Wi~ 30 days of ~ten ~md ~om the Dep~ent, R~ond~t s~ m~e payment of-~e approp ..... ':~': ........ ~~%t of E~iro~e~l Pr°~t~n~-bF~er':fch~k or-money order ~d s~ ~lude ~ereou ~e O~ nm~ ~i~d m ~s Comegt..~der ~ ~e notation 'Eco~s~ M~gemem ~ R~on~ion Trust ~d.' Pa~ s~l ~ stat to ~e D~ent of En~o~m~'.~o~On, P.O. Box ~49 F~ My~, ~o~ 33~'~49' ~e Dep~t ~y m~e' ~m~ for paymeat at ~y ~* ~r ~ola~om ~r. No~ shall prevent ~e Depaxm~e~t from filing voit to specifically cn~orc,~ my terms of ~ Comem Order. Any penalties assesse~ ma~ler this l~aragraph shall be in addition 'to ~he ~tlemem.sum agreed to ~ Pamg~ph 20 of this Con.s~t Order. If the Department i$ re~ to ~c a lawsuit to recover sdpul.~tcd pe. n21tie~ unet~ il-d; ~ph, ~ Dep~cn~ ~ no~ be ~or~oscd ~om scc~ civil politics fo~ viola~ons o~ r~; Co~cn~ ~de; grea~r ~n ~ sdp~atad penalties du~ ~d~ ~i~ p~h. ZZ, If any ~v~nt, ~lu~ ad~~ve or judici~ ~1~ by u~¢la[ed to ~c kcspondcnt, occ~s whi~ causes detay or ~c rcaso~bte l¢cI~o~ of delay, in complying ~ ~c rcqukcmcnts of th~s Co~¢n~ ~der, Rc~ond~[ s~ll h~v¢ ~c b~dan of proving ~c delay w~s or will be ~uscd by circu~mnccs beyond ~ faas0nablC ¢on[rol of the Respondent and could no[ have b~n or c~o[ bc overcome by Rcspondcnt's due d~ligcnc¢. ~ono~c c~c~mnce~ shall hOC bc co~dcrad ck~m~c~ beyond ~ consol of Responded, nor s~lt ~0 failure of a con~a~0r, ~bco~a~or, matefi~ or other agent (collectively rafc~d to a~ "con'actot') to whom r~po~ib5iU for ~o~cc ~ delegate. ~o meet ~n~acm~ly ~poscd d~dl~es b¢ z ~c beyond ~e ~n~ol of R~ond~t, ~¢ cz~c of ~0 con. actor's late pe~o~n~ wa~ ~so beyond ~c con~ctor's ~o~. Upon oc~¢nc¢ of ~ 'event ca~ng del~y, or u~n ~om~ng aw~e of a po~ for dct~y, ~¢~pond~t sb~11 nofi~ thc D~a~ o~lly w~ 24 ho~s or by ~¢ next wor~g day shall, ~i~ seven ~emd~ ~ys of or~ not~fi~fiom ¢o ~c Dcp~, no~ ~a Dcp~t ~ ~rifing of ~e ~nfic~p~tcd tcn~ ~d ~usa of thc del~y, ~¢ mcas~ ~n or to b~ t~cn %o prevent or ~~ ~¢ delay ~d fl~e ~e~able by w~ch R~ondcnt ~ ~ ~pl~cnt ~csc m~surcs. If ~¢ p~¢¢ ~n a~ ~t ~ delay, or ~dc[pa~d delay ~ bccn o: w~t be ' pcffo~¢ h¢~d~ ¢~ll ~ ~dcd for a ~r~ ~u~ fo ~e cg~ d¢lzy ~g from ~ch ¢~u~nc~. Such ~ent sh~]l ~opt ~l r~onable m~r~ n~s~ .~o avoid or p~aph in a ~ely ~r .s~ll comfim~ a wMv~ of R~ndcm'~ fig~ extension of ~¢ for compl~ w~ ~ m~mc~ of ~s ~mcnt.Ord:r. ~. Pc~ who ~¢ ~t p~es ~o ~ Corm ~d~, but ~ ~¢ affect~ by ~h%¢ Co~ Order, ~w¢ · fi~t, p~t ~o S~dons 1~.569 "7 60 'd 120,57, Florida Statutes, to petition for an a4ministrativc he~ring on k. ~e Petition must coma~ ~e ~o~stion s~t fo~ below ~d mu~ bc filed (re~iv~) at ~c Dep~m's O~ce of ~ral Coumcl, 39~ Comonw~ Bo~cv~d, MS~ 35, Tall~scc, ~orida 32~99-3~0 wi~ ~ days of receipt of ~s nod~. A copy of ~c Pcddon m~t also bc · mailed at ~c t~e of filing to ~c Di~ct.Office n~ above at ~c ad.ess i~icat~. PMk~c to file a petition wi~ the 21 days constimms a w~ver of any ~t s~ch p~o~ has to an admi~s~at~e hearing p~su~t te Secfiom 120.569 and 120.57, ~ofida Statures. The ~tifio~ sha~[ conmi~ ~e foBo~g (a) The name, a~ress, a~ teIepho~e number of each pefifio~r; ~a D~:n['s Co~qent Order idc~flcadon ~m~r ~d ~e co~ i~ w~ch ~e ~ubj~t maU~r or ~cdvi~ [~ locate~; ¢) A st~teme~ of how md when ~ch ~ddoner receiv~ nofi~ of smmmem of how each petitioner's ~bsmnd~ ~mr~B ~e aff~ by A stamme~t ~ ~e ~rcr~ facu di~ by petitioner, if ~Y; (e) A smeme~ of facto w~ch petitioner con~en~ wa~t reversal or modfficadon of ~e Cement Ord.; (~ A smtem~t of which mits or smmt~ ~omr cont~ds mquko reversal or modfficatio~ of ~* Commt Order; ~) A smtment of ~e rciief so.hr by petitioner, stating pr~iscly the action petitioner ~n~ ~e D~a~ent to rake wi~ rester to ~e Comc~ Order. Ir a p~ifian is filed, ~, a~s~ative ~ process is de~i~d to fortunate agency action. Accord~gly, ~ Dcpa~me*t's ffmat action ~y be ~erent from ~e po~ir[on takm by .it~ ~ Notice.. _.p~som-.~hose m~tmti~ ~mr~m w~ be ~ by Depa~ent ~ rc~d to ~e ~bj~t C~ent Or~ ~vc ~e fi~t m ~fldon to ~me a p~' to ~e pr~d~.ng. ~ p~fion ~st co.om m ~e ~ffirements ~fi~ ~ove and be fil~ (~eiv~)'~it~ 21 ~ys of r~ipt of ~ notic. ~ ~c ~ of abovc ~d~ of ~e Dcpm~t. F~I~e m ~ifion w~ ~ a~ow~ ~ ~ c~m~s a w~ver of ~ ~ ~ch ~0n ~ ~ ~est a he~ng uMcr Seqfiom 1~.569 md 120.57, ~ofida Sm~s, md to paffic~ ~ a p~ to ~ ~~g. w~ll o~Y b~ at the approval of the pr~sh~dng officar upon ~o~on ~ed p~s~t ~o R~e 28- A ~rson who~e ~ubst~d~ ~res~ ~ ~ by ~e Co~e~ Ord~ ~y fimcly pe6don ~or ~n ~~ative h~ ~d~ S~cd~ 120-569 ~d. 1~0,~7, Statutes, or may choose to p~sue negation as ~ alt~afive remedy under Section 120.573, Flohda Statutes, before ~e'd~e ~br tiding a petition. Choosing mediation wi[1 not adversely affect ~e right to a hmr~g [f m~i~ion does not result ~ a s~.ulement. The pr~edures for p~g mention are set ~ ~low. Mediation may oMy t~e ph~ [f ~e Depmenr ~d a~ ~e paffies to ~e price&lng ague that medi~fioa is appropfiam. A pe~on may pur~e mediation by reaching a me~ia~om agreement wkh ali p~ m ~ procee~ (w~ ~clude ~e Re~ondent, ~e Depamgnt, ~d ~m7 pe~n who ~ ~ed ~ ~ely ~d sufficient ~fifion for a ~e~g) how ~e mb~ ~re,U of mc~ me~g p~ ~e affec~ by agr~mmt ~t be fil~ ~ (~ived by) the Office of ~neral Co--el of 39~ Co~onw~Itk ~nl~v~d, MS ~35, T~s~, Flofi~ 32399-3~0, m~ 10 days a~r ~e de~e ~ s~ fo~ above ~or ~e ~ of a ~e a~ment m median ~ ~el~e ~e follow'g: (a) Thc rimes, addr~ses, ~d t=tephon* num~rs of ~y ~rso~ who ~y a~end mediation; (b) Thc ~rnc; address, anti.rolo-phone, number-of thc.mediator selected by thc parties,~ or a provision for selecting amc, dia~or within a specified time; (c) The agreed allocation of the costs ~nd fees associated with the mediation; (d) Th~. ~igrccmcnt of the parties on thc'confidentiality of discmsions and docume'l~ intzommed durhag mediation; (e) Thc date, thnc, ,_r~d' place of the first mediation ses~on, .or a deadline for holding the fn'~t semsion, if no m~iaior bas yet . ~d 8~:~I dab ~o-gg-dgl II'd 101 haw ~u~rky ~ s~ or b~ aff=ctad by th~ action or propos=d action add.re, ss~d in this notice of in~nt or a sutt~'narl[ clcarty ider~tLfying the petition for hearing that each pm-~y has akaady filed, and incorpocating it by ref~rcm~- Ca) Th~ sign~ttu'-*~ of ali p~rties or th~i: author{zed i~prc$enIMJvc~. As' provid~ ~ ~don 120.573, Pto~da S~m~s, th~ t~¢ly a~e~ment of ~It p~ies to m~imle will ~R ~a ~ ~mi~fio~ ~pos~ by $~fio~ 120.569 ~d 120.5~, ~ori~ Statutes, for ~e~mg ~d hold~g ~ a~smafive h~ng. U~s o~a~s: ~r~d by ~: p~:~, ~c ~d~fion must be co~d~ with~ s~y days of ~c cx~d0n of ~o a~cnt. If mcd~adon r~ ~ seulmmt of ~e a~advc ~ute, ~e D~nt m~ ~m~ a f~ order ~ora~g ~ ~ment of ~c p~[cs. Pcr~o~ whose ~mr~ ~H ~ ~ by ~h a m~ed ~1 d~h[~ of ~e D~~ ~vc a fi~t to ~ddon for a h~g o~y ~ ~r~ce ~ ~c m~r~nu fo~ ~h ~fifiom ~t a~vc, ~d mm~ ~czefo~ fde ~c~ .~ddo~ wi~ 2I day~ of r~ce~pt of ~ notice. m~tion tektites wight sc~cm of ~o ~sputc, ~e D~cm shill not~ in w~fi~g ~at ~c 'a~~dve h~g pz~esscs ~der Scc~o~ 120.569 ~d 120.57, ~orida Sta~, rcma~ ~v~ablc for disposition of ~e dilute, ~d ~e notice w~ ~pcc~ dc~ ~at ~cn ~tI apply, for chal, I~g~ ~ agency a~on md el~g zcm~ under those two statutes. 24. Ravpondent shall allow all authorized repres~niztives of the D:pm~mm~t access .tO the pI'ol~rty ~ facility at rcasonablc timc-s for the purpose of determining compli~cc with tko terms of this Consent Ord~ and the rules z~d statutes of ~ Dopm'tm~t. 25. All submtlids a~l payments ~:luircxl by this Conse~ Order w be m~bmitt~ to' the D~partrnc'~at shall be scut to th: Florida Dc, parm~nt of Enviromm~ntaI Protcotion, P,O. Box 2549 Mort M.y~rs, l=lo~ida 33902-25z~9. lo 26. This Con~ent Order i~ ~ settlement of thc Deparmlent's civil ~d a~i~ive au~ori~ ~is~[ ~dcr ~o~ Ia~ to ~olve ~e ma~s ad~ h:r=~. T~s Co~ant Or~r' L~ not a ~e~c~ of'any ~I ~bflida w~ may ~e ~ ~oria l~w, nor ~ it a se~t~ent of ~y violation w~¢h may. be pro~ecu~ lT. The Dep~¢m h~reby ¢~ra~ty r~e~es the ~ght to ~fiate appropriate.legal action to prevenl or pro~bk ~ny violitio~ 0f applicable t~re~d~r ~ ~ not s~cific~iy ad~essM by ~ mm~s of thk. Comet Order. 28. The t¢~ ~d condido~ set cou~ of comp~m ju~dicdon p~sm~ m ~dons 120.69 and ~.t21, Hofida Statutes. Fa~ur¢ to comply ~ ~ t~ of ~s-Co~t ~dar s~ consfim~ a vloh~on of S~fion ~3,161(1)~); Flofi6a 29. ~e D~ea~ for ~d p¢ffomnc~ by K~ondent of ~ obl~afiom ag~ to ~ ~s Count ~der, h~r~y ~iv~ i~ fi~r to se~ judki~ ~sifion of dn~ag~ or ci~I p~mtfi~ .for al~ viohfi~ ~oug~ ~c ~te of ~ fiii~ of ~ Cement Order ~ a~s~ ~ ~is Co~t Order. B0. R~ondent ~ ~y iw~e ~y ~bje~ R~pond~ to judid~ ~sition of d~ge~, civ~ ~lfies up.to $'10,0~.~ per day p~ viohtion, ~d ;rimi~I 31. EnW of ~s Co~cnt ~r d~ no~ ~li~ve ~poodemt of ~e ne~d to co~ly 32. No m~mtiom of ~ t~ of ~s Com;m ~r s~l ~ eff~ve-~ BB. g~em ~c~owl~ges f~ 120.52(T). Florida Statutes, mad 'it is fmsd and effect/ye on the.clare filed with the Clerk of the Department urfl.e, ssa Petition for AOministra-tlve ttearing is filed in accordance with Ch~.pter 120, :Florictx Statutes, Upot: the timely, filing of a petki'on this Comemt Order will not bt effective ur~tit further order of Ge Depa~uuent. FOE. TIlE p, EsPONDENT: DATE )'ames D. C~tcr, Ph.D., Chak~an Collier County Board of County. Commi~sionc:rs DONE AND ORD~ _____, Florida. day of. 2001, STATE 01:: FLORIDA DEPAR'IBvIE.NT OF ENV~o~AL PKOTECTION Richard W. Camr¢I1 Dircctor..of - D~stric. t M~nagcmcnt ~d LE;8I fl~M lO-OS-dB$