Resolution 1996-468
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OCT 1 5 1996
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RESOLUTION NO. 96- 468
A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUANT TO
SECTION 1-4 (E), COLLIER COUNTY ORDINANCE NO. 96-6, GRANTING
EAGLE CREEK UTILITY II, INC. A GRANDFATHER CERTIFICATE FOR
THE PROVISION OF WASTEWATER SERVICE IN SPECIFIC
UNINCORPORATED AREAS OF COLLIER COUNTY CONSISTENT WITH
THE CERTIFICATE PREVIOUSLY ISSUED BY THE FLORIDA PUBLIC
SERVICE COMMISSION.
WHEREAS, Resolution No. 96-104 excluded Collier County from the provisions of
Chapter 367, Florida Statutes, thereby assuming certain subject matter jurisdiction over
non-exempt water and wastewater utilities operating in unincorporated areas of Collier
County; and
WHEREAS, Ordinance No. 96-6 established the Collier County Water and Wastewater
Authority (AUTHORITY) and specific powers and duties; and
WHEREAS. Ordinance No. 96-6 requires that each non-exempt water and wastewater
utility operating in unincorporated Collier County must apply for Grandfather Service
area Certificates from Collier County; and
WHEREAS, Eagle Creek Utility II, Inc. (UTILITY) has submitted its application for a
Grandfather Certificate for provision of wastewater service; and
WHEREAS, on August 26, 1996, the AUTHORITY considered UTILITY'S application
and issued its Preliminary Order No. 96-5 recommending that the Board of County
Commissioners of Collier County (BOARD) grant UTILITY a Grandfather Certificate to
provide wastewater service in specific unincorporated areas of the County, more
particularly described at Attachment "B"; and
WHEREAS, pursuant to Ordinance No. 96-6, only the BOARD may issue a Franchise
Certificate to any utility operating in the unincorporated area of the County; and
WHEREAS, there is pending litigation between UTILITY AND Collier County and the
Collier County Water-Sewer District.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County. Florida, that:
1. Pursuant to Section 1-4 (E), Ordinance 96-6, Certificate No. 05S is hereby
issued to UTILITY for the provision of wastewater service for the service area
described at "Attachment B".
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OCT 1 51996
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2. A duplicate original of Certificate No. 05S is attached hereto as "Attachment
A",
3. Certificate No. 05S shall remain in force and effect until suspended, canceled
or revoked by Resolution of the BOARD.
4. Neither this Resolution nor the issuance ofthe Grandfather Certificate shall
prejudice or alter nor shall they be construed to prejudice or alter the rights and
defenses of Collier County and the Collier County Water-Sewer District in the
case styled Eagle Creek Properties. Inc., el al. v. Collier County, el al., Case No.
93-05l8-CA-OI-TB, pending in the Circuit Court for Collier County, and all such
rights and defenses are hereby expressly reserved.
This Resolution adopted this / J day of C~~1996 after motion, second
and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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D puty Clerk". ..;7
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.Approvedas to form
and legal sufficiency:
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Thomas C. Palmer
Assistant County Attorney
OCT 1 5 1996
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
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CERTIFICATE NUMBER. oss
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Upon consideration of the recol'd,iljsherebYR.ESOLVED that authority be and is
hereby granted to " ' "\i<;ii;;~{;i ;,(,', ' ,
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Whose principal ad'dress is>> " ,
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ONE EAGLE CREEK DRIVE
NAPLES, FLORIDA 34112
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li~~rovide WASTEWATER service in accordal1ce;iihih~
ifJprovisions of Collier County Ordinance,No. 96-6, Supplemental Rules of the Bo~i't1,. '
fm$ti'pplemental Rules of the CollierCou~ty Water and Wastewater AuthoriBi~ntl
'frResoll.ltions of this Commission in the territory described by the Resolution ofibis '
IcCommission. , /,,',
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!%'l11is Certificate shall remain in force and effect until suspended, cancelled or revoked
f%~YReSoIl.ltion of this Commission. '
~'{"!~~ggCUTION ,', DATED >V.
'YRESOLUTION DATED " ,
.J1ESOLUTION DATED
RESOLUTION DATED
BY RESOLUTION OF THE
COLLIER COUNTY BOARD OF COMMISSIONERS
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ATTEST:
DwightE:Brock, Clerk ~
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. hsr'T" County Attorney
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