Resolution 1998-296
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RESOLUTION NO. 98- 296
A RESOLUTION OF COLLIER COUNTY, FI.ORlDA, PURSUANT TO
SECTION 1-19, COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENnED,
APPROVING TilE TRANSFER OF WASTEWATER COLLECTION SVSTF.M
AND WASTEWATER SERVICE AREA FROM ROOKERY BAY SF.RVICES,
INC. TO COI.LlER COUNTY. SUBJECT TO SUBSEQUENT APPROVAL OF
TII F. AGREEMENT OF PURCHASE AND SALE OF WASTEWATER ASSF.TS
BY A"D BETWF.F.N ROOKERY BAY SERVICES, INC. AND TilE COLLIF.R
COUNTY BOARD OF CO:\II\IISSIONERS AS THE GOVERNING BODY OF
COI.LIER COUNTY AND EX-OFFICIO TilE GOVERNING BOARD FOR TilE
COI.LlER COU"T WATF.R-SEWER DISTRICT.
WIIF.REAS, Resolulion No. 96-104 excluded Collier County from Ihc provisions
of Chapter 367, Florida Stalules, thereby assuming certain subject mailer jurisdiction over
non.cxcmpt water and wastewater utilities operaling in unincorporated areas of Collier
Couniy; and
\\'IIERF.AS, Ordinance No. 96-6, as amended, established the Collier counly
Waler and Wastewater Anthorily (AUTHORITY) and specific powers and dUlies: and
\\'IIEREAS. on March 10, 1998, the Board ofCoullty Commissioners (BOAIW)
arrro\'ed thc transfer of Certificate No. 06S and salc ofwaslcwater assels from Rookery
Bay l:tilily Company, Inc. 10 Rookery Bay Services, Inc. for Ihe continued provision of
W3S!Cwalcr treatment service in specilic unincorporated 3tCas of Collier County; and
WIIEREAS. Ordinanec No. 96-6, as amended. pro\'ides a proccss for ulilities
untler local jurisdiction to file an application for lransrcr ofw31cr and/or wastewater
ccni ficalc. facilities. or control; and
\\'11 ERF.AS. on July 7, 1998, an application for transfcr ofwastcwaler colleclion
system and wastewater service area was filed by Rookery Bay Services. Inc.
(TRA:-':SFERORJ 10 effeclthe transfer oflhe wastewater collection systcm and
wastewalcr scrvice area to Collier Counly (TRANSFEREE); and
WHEREAS. on July 27, 1998,Ihe AUTHORITY held a duly adveniscd puhlic
hearing 10 consider said applicalion, the record, staITrcpon. tcslimony oflhe
TRA:-':SFEROR and TRANSFEREE represenratives, and public comment; and
WHF.REAS, the AUTHORITY issued ils Preliminary Order No. 98.2,
incorporated herein as attachment "A", recommending that subject to evidence and
argumenl, ifany. admitted at a public hearingeonduetcd by the BOARD. adopt findings
of facl and conclusions of law, essentially as were found by the AUTHORITY,that
Collier Counly's Iransfer and purchase oflhe Rookery Bay Services, rnc. certificaled
waste\\'atcr service area, facilities. and control of said facilities is in the public interest.
WII EREAS, the AUTHORITY'S Preliminary Order No. 98-2 further
r.commends BOARD approval of Collier County's transfer and purehase of the Rookery
Bay Ser....ices. Inc. wastewater service area and wastewater collcction system, more
ranieularly dcscribed by Ihc appliealion for transfer and the record.
'-;OW, THEREFORE, BE IT RESOLVED BY TIfE Board of County Commissioners
of Cotlier County, Florida, that:
I. The AUTHORITY'S Preliminary Order No. 98-2, including the findings of
fact and conclusions oflalV, is hereby approved and adopted by thc Board of
County Commissioners.
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2. Pursuant to Section 1-19, Ordinance No, 96-6, as amended, and Section
125.3401, Florida Slatutes, the transfer of the Rookery Bay Services, Inc.
wastewater collection system and wastcwater service area to Collier County is
approved.
3. This action shall be effective on the dale of closing.
This Rcsolution adopted this.2!!.. day of r0:?
second and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, CLERK
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by' ~/ . ./. . .' / /'
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ReiJlity Clerk 7
A e>t as to Chafnaan's
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and legal suffictencr
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Thomas C. Palmer
Assistant County Attorney
, 1998, after motion,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
by:
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