Resolution 2000-338 Retn: Z101338 OR: 2737 PG: 1874
CLERK TO T11 BOARD RECORDED In the OFFICIAL RECORDS of COLLIER COURT!, FL RIC 111 15.00
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IRTIAOFFICE 4TN FLOOR 10J30/2000 at 02:15PN DNIGIT E. EAOCK, CLERK COPIES 3.00
1= i�.72101N NISC 1.00
i RESOLUTION NO. 2000 -33&
k f§a1-1U N'Bt THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND
AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT AND THE MARCO WATER AND SEWER DISTRICT;
PROVIDING FINDINGS PURSUANT TO SECTION 125.3401, FLORIDA
STATUTES; DETERMINING THE SALE AND TRANSFER OF THE MARCO
WASTEWATER SERVICE TERRITORY IS IN THE PUBLIC INTEREST,
CONSIDERING CERTAIN MINIMUM CRITERIA AND STATUTORY POINTS OF
CONSIDERATION AND MAKING AND ADOPTING A STATEMENT THAT THE
SALE AND TRANSFER AGREEMENT IS IN THE PUBLIC INTEREST.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-
Officio the Governing Board of the Collier County Water-Sewer District, that:
1. The Board of County Commissioner has considered the sale and transfer
agreement after reviewing other options at its May 2,2000 Board meeting.
This sale is being conducted pursuant to Section 125.3401, Florida Statutes,
and having considered by way of example and not limitation, as follows:
2. The Board of County Commissioners of Collier County, Florida, as the
• Governing Body of Collier County and as ex-Officio the Governing Board of
the Marco Water and Sewer District hereinafter "MWSD", and staff from the
City of Marco Island (hereafter"City") have considered and reviewed the
most recent available income and expense statement for the utility, the most
recent available balance sheet for the utility, listing assets, liabilities,
contributions in aid on construction and the accumulated appreciation thereof,
and a statement of the existing rate base of the utility for regulatory purposes.
This information was obtained from the Collier County Public Utilities
Division.
3. The City, by and through its Public Works Department staff, has investigated
and is generally apprised as to the physical condition of the wastewater
facilities. The County has negotiated with City and the parties have come a -
written agreement (attached hereto) which reasonably assures that the County
shall continuously and properly operate the utility system until closing, on the
sale and transfer, and the City will operate and maintain the utility systems
thereafter.
4. The City has considered the reasonableness of entering into a purchase
agreement with County. The agreement requires that the County's interest in
all easements, licenses and right-of-way owned by County for the
construction, operation and maintenance of the Marco utility system. Title to
all wastewater gravity and force main lines, lift stations, manholes, and other
ti
OR: k2132 PG: 1,$,75
appurtenances shall bequit-claimed through a Bill of Sale from the County to
the City. The Chairman of this Board is hereby authorized to execute that Bill
of Sale on behalf of the County and the District. The City has determined that
the subject agreement is the best alternative and that the consideration,
covenants and terms thereof are reasonable. This determination is made
partially in the interest of providing for a smooth service transition in a n
attempt to avoid dispute or opportunity cost, both known and unknown, and in
the interest of mutual cooperation aimed at best servicing the public in
expeditious and efficient fashion.
5. The City has considered the impacts of the consequences of the subject sale
and transfer agreement on both the ratepayers within the MWSD service area
as well as ratepayers within the CCWSD.
6. The County has agreed to construct the necessary pipeline work and pump
station upgrades to connect the existing 8" force main on North Barfield Drive
(in the vicinity of Honduras Ave.)to the existing 12" force main on North
Barfield (in the vicinity of Barbados Ave.).
7. The City has agreed to collect all impact fees for the MWSD for present
customers as well as future customers, in conformance with Florida Water
Services impact fee rates. The City has also agreed to collect any outstanding
assessment receivable.
8. It is in the public interest that the County transfers the utility assets to the City
to be able to serve customers within the City's jurisdiction. It is also in the
public interest that long-range planning, operational and financial
management and long term maintenance, upkeep and operation of wastewater
facilities within the City are reasonably uniform, efficient and economical.
9. With the exception of the current and future customers in Goodland, the entire
MWSD service area is within the City's municipal boundaries. The Collier
County Water-Sewer District incorporates the Goodland area.
10. Florida Water Services, a private utility that is regulated by theCollier
County Water and Wastewater Authority, operates a regional wastewater
treatment facility that will provide the City with a disposal source as specified
in previous agreement between Florida Water Services and County.
11. The City will receive two months operating cash reserve up to$114,90Cand
up to $200,000 capital renewal and replacement funds. The capital reserve
will be reduced by the capital renewal, replacement or enhancement dollars
expended or encumbered by the County in Fiscal Year 1999/2000.
12. The County Commissioners hereby finds and concludes that the City
purchase, sale and transfer agreement represents the best alternative, both
*** OR: 2737 PG: 1876 **1
short and long term, which best serves, protects, preserves and administers all
of the various, and sometimes competing, interests and desires involved or
affected and the purchase of the system is in the public interest.
13. The Interlocal Agreement for Purchase and Sale of Wastewater Assets
within the Marco Water and Sewer District attached hereto and incorporated
herein by reference is hereby accepted and approved; and the Board's
Chairman is hereby authorized to execute same on behalf of the Board and
the District.
This Resolution adopted after motion second and majority vote favoring adoption.
;'';,.``._. :;L•)ATE:... - .Z G 4oec) BOARD OF COUNTY COMIkIei•S•' ;''S i S..
COLLIER COUNTY, FLORI1.3 �' ' `' ••�'_
_ • • _ , DV,,i,C#HT'E. BROCK, Clerk A ,� • :••. c.
POLITICAL SUBDIVISION;(_ THE, "`r�'•" y
.!: STATE OF FLORIDA, AND'.A� EX- ;k:',.j.y,';.
f OFFICIO THE !�V� ..
: .:By:. �_ GOVERNING �a : +w
OF THEWATER ,' `J
r�„-: MARCO Af�L7• � ''`' ' L
• ptity Clerk AND SEWER DISTRICT �a ��
Attest as to Chai yawn's " , ..`1".:
signature only. �� _.
By: . i� ��
James D. , rter, Ph. D. , Chairman
Approved as to form
and legal sufficiency:
ye.)2104.....,._„_--
Thonifs C. Palmer
Assistant County Attorney
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