Resolution 1996-469
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OCT 1 5 1996
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RESOLUTION NO. 96- 469
A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUANT TO
SECTION 1-4 (E), COLLIER COUNTY ORDINANCE NO. 96-6, GRANTING
ROOKERY BAY UTILITY A GRANDFATHER CERTIFICATE FOR THE
PROVISION OF W ASTEW ATER 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
'NHEREAS, Ordinance No. 96-6 established the Collier County Water and Wastewater
Authority (AUTHORITY) and specific powers and duties; and
WHEREAS, OrdiT1ance 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, Rookery Bay Utility (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. 96-6 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, that:
I. Pursuant to Section 1-4 (E), Ordinance 96-6, Certificate No. 06S is hereby
issued to UTILITY for the provision of wastewater service for the service area
described at "Attachment B".
2. A duplicate original of Certificate No. 06S is attached hereto as "Attachment
A".
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OCT 1 5 1996
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3. Certificate No. 06S shall remain in force and effect until suspended, canceled
or revoked by Resolution of the BOARD.
4. Neither this Resolution nor the issuance of the Grandfather Certificate shall
prejudice or alter nor shall they be construed to prejudice or alter the rights and
defenses of Collier County in the case Rookery Bay Utility Company v. Collier
County, Case No. 96-1-CIV-FTM-23D, pending in the United States District
Court for the Middle District of Florida, and all such rights and defenses are
hereby expressly reserved.
This Resolution adopted this /S-day of ~ 996 after motion, second
and majority vote favoring same.
A TIEST:
DWIGHTE. BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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eputy Clerk .' \
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by:
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Approved as to form
and legal sufficiency:
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Thomas C. Palmer
Assistant County Attorney
OCT 1 51996
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
CERTIFICATE NUMBER 06S
Upon consideration of the record, im'h~~byRESOLVED that authority be and is
hereby granted to .<. . 'C." c;;tiiiYki
",,'kJ~OOKERY:.BAY UTILITY
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NAPLES, FLORIDA 34112
;!ig'~;;ci'Vid~ WASTEWATER service in accordance with the
jl.1pfuylSi?rsofCOllier County Ordirance!'io.9G-6, Supplemental Rules of the 1l~~.ryI,
1~~ppI~mental R~Jes of th~ C:oIJi~rCouil!~ Wate.r ~n~ Wastewater Aut~grit,!l!ri~.
i~;~~~~Sn~fthlS commlssre;~~.;~he t~rr:tory.~escnbed by the ReSOIUfr~.~;.~~.:J;e
ie~:~~~{ate sha~ l~~madtlf;:~~~.hdeffect until suspended. cancelle~~~~{,lll
iiby,Resolution of thIs L.OmmISSlon. "TiS:'PHioi!iMt
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if~~lii,~~OliYTION DATED/vi'
liWRES6tUTION DATED .......
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WJ~~ptpTION DATED
~':Z~~l~SOt~!ION6:::
COLIERCOUNTV BOARD OF COMMISSIONERS
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. . Dwight E. Brock, Clerk
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I-.pproved as to to &'%- sufficienCi
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,,~ . t- County Attorney
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